Suhaib Webb – Maliki Fiqh Ishmawi’s Primer (Part Four) Things That Break Wudu

Suhaib Webb
AI: Summary ©
The use of evidences in court cases is discussed, with the speakers emphasizing the importance of evidence from the Bible and the conservative meaning of the term " LemMS" in relation to actions such as praying or sexual activities. The use of " Lemme" in court cases is discussed, with the speakers highlighting the potential outcomes of these actions and the conservative nature of the Maliki method. The speakers also mention the importance of " LemMS" in building one's mind and the significance of evidence in court cases.
AI: Transcript ©
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Welcome back to our explanation

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of.

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And we were talking about the

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those things which,

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necessitate what he calls

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And as I said, now I'm reading for

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you

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this book that contains evidences. Some of the

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evidences of the Med have this book is

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relatively

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good, although at times, as I discussed

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years ago with Shah Hamel Taharian,

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that sometimes the author uses evidences which aren't

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used by the Malekis.

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We'll talk about that in the future.

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At the same time, I plan to read

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this book with you,

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Al Jawayr Azakiyah,

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because this book is going to give you

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a more like legalese reading of

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it. Whereas what I'm teaching you now is

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going to give you the basics of the

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school,

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The basic evidence is of the school, and

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help you kinda begin to frame sort of

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the practices that you engage in. The other

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text is going to train you in a

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very different way

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that also is going to kinda complete the

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process of building the mind of of someone

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who's literate,

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in in particular.

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And last time, as I said, we're talking

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about

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and the sheikh, he says.

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Now one of the things that violates wudu

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necessitates

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the obligatory

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practice of wudu

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is lemis. Lemmis means to rub like this.

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So he says, well, be lemis. And what

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he means here is to touch the opposite

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*.

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And the strong opinion,

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amongst the Madoches is that this this includes,

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like, all adult

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males or females.

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Alright?

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What is the evidence before we we talk

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about these 4 different kind

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of iterations of touching the opposite gender, whether

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you're male or female?

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It's the 43rd chapter of the 4th chapter

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of

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the

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Quran.

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The verse is mentioning those things which necessitate,

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and it mentions sexual befallment. And then later

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on, it mentions

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talking here about, of course,

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if you were to touch the opposite gender.

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There is a difference of opinion amongst the

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earliest

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scholars on this verse.

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Starts with the sahaba, Sayyidina ibn Abbas radiAllahu

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anhu and others, and then this difference

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continues to spread out, and you find that

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one opinion is kind of adopted and defended

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by Sadat al Hanafiya, and then the other

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is adopted in opinion

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and defended, and then even nuanced by the

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other Methaheb.

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So, Saydna,

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Imam Abu Hanifa says that

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and there's

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which

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is

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which

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is

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which means, you know, you touched

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the opposite gender. Here it says you touched

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a woman, but it's understood to be a

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woman or a man. Like, so for a

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woman touches a man, the same applies to

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her.

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Talk about that in the future as Ibn

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al Rosh said. These kind of things are

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generally applied to everybody.

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Sayna Imam Abu Hanifa said that here, lamas

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doesn't mean to touch. Lamas means *

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because Sayna Maryam alayhi sallam says,

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No man touched

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me. He said she didn't mean, like, physical

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touch.

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Right? What she meant was

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*. It's a very strong argument. So Imam

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Abu Hanifa is going with the secondary meaning

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of this word. He's going with the figurative

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meaning instead of the literal meaning, and here

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you start to see something that sometimes scholars

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are going to to argue over is something

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haqqiqa or majaz.

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Haqqiqa means a literal meaning, which means that

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a

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word is understood

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according

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to

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its known meaning. Right?

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Majaz means

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that the meaning of the word

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is now taken to something else. Right? A

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figurative meaning that has what's called karina, has

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some supporting evidence for it. We'll talk about

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this in the future, but what you wanna

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think about now is

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that the fuqaha at times, especially when it

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comes to the Quran and Hadith,

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one of the things that they're going to

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argue about, and this goes back to the

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time of the Sahaba,

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right, is is it the literal meaning or

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the figurative meaning? Sayedna Imam Zamasheri,

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alayir Hamel, he wrote an entire dictionary on

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the literal and the figurative called.

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So Sayidna imam Abu Hanifa,

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he's going to say that the of

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this word,

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the meaning of this word is *.

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The response from the majority of the ulema

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is very strong

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and as they say, listen, Allah already mentioned

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* in the verse.

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Why would he mention it again?

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So in the beginning of the verse,

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Don't come to prayer

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if you're in a state of intoxication until

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your mind is is

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right, and

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if you are in a state of sexual

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defilement, this is redundant, and there's no redundancy

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in the Quran.

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So their argument is no, lemmas here means

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lemmas,

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to touch.

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But then

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these fuqaha,

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the Madakhi and the Shefiya and some of

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the others,

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had to contend with other evidences that the

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Hanafis responded with. Said, well,

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the hadith of Sayda Aisha Fakat to

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She says, one time,

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you know, I lost, you know, I woke

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up and I couldn't find the messenger of

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Allah.

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Then I searched for him with my hand

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until I found the bottom of his feet

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and I touched him and he was in

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prayer. He was making dua

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Allah, I seek refuge in your pleasure from

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your anger.

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Another narration says

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he was praying and he didn't stop and

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go make so

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that's the response.

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Also the narration, which is a good narration,

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the

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prophet

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used to kiss

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and he would pray and he didn't make

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udul. So now the Hanafis are boxing.

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You see this going back and forth with

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etiquette,

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with with ihtiram,

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with respect.

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So we find that the other these

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are and these

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are authentic,

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there's no difference on this issue. However,

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you fail to note something, and that is

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the argument

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from the majority is that

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if

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the touch, and this is from the Malekis,

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the Shafi'is have their own thing, but the

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Malekis in particular say if this touch

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is coupled

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with

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sexual excitement,

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pleasure.

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So that's why the sheikh, he says

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It says that,

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you know,

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touching

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an or even

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your maharam

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falls into 4 types.

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And the entire,

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what we talked about before, the of the

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here

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is the cause of what's going to obligate

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wudu is

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The intention

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or the presence of it.

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And this is a very fascinating

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chapter, although it seems very easy, and when

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we read

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Al Jawahir, Azakiyah,

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and the explanation of Imam al Sufti Bissin,

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not

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lie, man,

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you're gonna be, like, wow, man. This is

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deep.

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Like, it's interesting. Not necessarily because of the

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act, right, of touching, not touching, but how

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it begins to be expanded to other things

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and other discussions.

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So the sheikh, he says,

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before I continue again, 43rd chapter of the

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43rd verse of the 4th chapter of the

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Quran, extremely important here.

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And then those narrations, the narration of Sayida

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Aisha, another one of

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Sayda are now shading it, and the argument

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here is that

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touching without any type of desire in the

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Maliki Medheb

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doesn't violate wudu, but when the touch is

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accompanied with passion,

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then it violates wudu. Why? We talked about

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this axiom before.

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Now you see how things come together, that

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one. Something draws near to something else, it

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takes on its ruling. And you can see

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this is debatable.

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And

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and you're kissing

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your spouse, right,

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you may experience

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pre seminal emission,

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And the strong opinion in the Med Heb,

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the later, later, later scholars is if a

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woman also experiences,

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sexual excitement

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in our private

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areas. These things necessitate.

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Amongst men,

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So we find something interesting in the Maliki

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method that that when it comes to purity,

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they're when it comes to the the things

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which are conditions of worship,

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they're very, very conservative at times.

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It's called

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cautious, so they say, you know, you may

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have inadvertently

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had some kind of

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leak, right, related to this passion,

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and therefore

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therefore, you are obligated

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to make.

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So they say,

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and this is the med have in general,

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touching the opposite gender

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falls under 4 types. Number 1,

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So now the nia,

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the internal,

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has met the external.

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The heart

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is aligned with the actions. So the person

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intends,

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you know, to feel a sense of passion

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and then physically experience

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that passion.

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Then in that situation, because the and action

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have aligned, and here the illah

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is sense of passion and pleasure, and sexual

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excitement,

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that person has to make.

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The second,

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Now we see something else. The second one

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is that I didn't have the intention,

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but I experienced it. I also have to

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make wudu. So the first one,

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the first example, the first scenario, and there's

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about 16 of them, I'm only gonna give

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you 4,

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is that

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The concern is for the intention and the

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action. But now there's no niyyah, but there's

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still the action. The

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action

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is given

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consideration.

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That's why I say

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when our people who who go by what

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we see.

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Right? So what's happened has happened, and there's

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a ruling for that. Oh, but I didn't

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there's a ruling for that.

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I have to stick to the rule.

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The third,

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If that person

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That person

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had the intention but didn't experience

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it in the school, say,

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Why you see something powerful, the power of

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the intention, the power of the niya. So

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the intention was there,

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but the outcome wasn't there. So the

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So the first one, niya, action. The second

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one, action without niya. The third, niya, without

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the action. In all of those,

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and

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finally

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and here the person has no intention and

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there is no experience of that kind of

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passion, then there is no wudu obligated upon

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that person.

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