Suhaib Webb – Usul al-Fiqh Lesson Fifty-Eight- The Order of The Proofs

Suhaib Webb
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The speakers discuss the use of "arakaants" in academic presentations and shari's writing, emphasizing their importance in shari's writing and the potential for "verbal" to create tension and chaos. They also mention "arakaants" in shari's writing and provide advice on what to look for in edibles, including reading about a man named qryas Al-Khafi who is showing people how to mess around with a certain type of edible. The segment also includes information about a woman named Ass typing a text and a woman named wa spoken for a text.

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			Bismillah ar-Rahman ar-Raheem, Alhamdulillahi wa salamu
		
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			ala Sayyidina Muhammad wa man wala as-salamu
		
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			alaykum Wa rahmatullahi wa barakatuh, I hope you're
		
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			doing well.
		
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			If you're having a difficult day, struggling in
		
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			any way May Allah subhana wa ta'ala
		
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			make it easy for you If you had
		
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			an amazing day and Allah has blessed you,
		
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			may Allah subhana wa ta'ala increase you
		
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			and all of us in goodness Increase us
		
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			and what will take us closer to Allah,
		
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			Ya Rabb We reach now the section on
		
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			at-ta'arud.
		
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			Oh this word again, but here it's not
		
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			talking about at-ta'arud bayna al-adlah
		
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			It's not talking about at-ta'arud Between
		
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			evidences, it's talking about at-ta'arud Fi
		
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			qawiyat al-adlah The difference is around the
		
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			strength of an evidence What tarjih means to
		
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			prefer one over the other one of those
		
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			evidences because of its perceived strength by that
		
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			scholar Over the other so for example the
		
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			literal over the figurative the the the explicit
		
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			over the implicit Bringing evidences together to work
		
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			is given preference over tarjih or nasr as
		
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			we talked about before and This is what
		
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			al-baydawi mentions in the first or second
		
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			lesson, right?
		
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			Wa kayfi tastifarati minna, how to benefit from
		
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			the evidences.
		
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			This is kind of the guts of that
		
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			discussion in here It's given in a very
		
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			simple way, right?
		
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			But it gets Incredibly, I don't say complex
		
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			but interesting and tantalizing and amazing in larger
		
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			texts He says wa amma al-adillatu as
		
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			for that evidences here al-adillatu, the alif
		
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			and am means mudaf according to the kufi
		
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			school so al-adillatu al-shari'yati or
		
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			al-adillatu al-shari'atu Fa yuqaddam ay
		
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			ism al-adhi lam yusamma fa'iluhu, this
		
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			is the passive participle could say fa yuqaddim
		
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			al-faqih or al-mujtahid al-jaliyyah But
		
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			here he uses what we say is the
		
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			passive participle.
		
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			Don't say ism majhool out of adab with
		
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			Allah We say ism al-adhi lam yusamma
		
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			fa'iluhu, qara fa yuqaddam al-jaliyyu ala
		
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			al-khafiyyi Here we can also appreciate that
		
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			one of the the purposes of tarjih is
		
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			to defend one's madhhab in an academic way
		
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			Not a passionate way, not an identity way,
		
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			but an academic way Let me bring the
		
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			evidences of my madhhab, the evidences of your
		
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			madhhab, but let's Let's compare So he says
		
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			as for the evidences, then what is Explicit
		
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			what is explicitly clear is given preference over
		
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			what isn't What is ambiguous for example, so
		
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			he says fa yuqaddim al-jaliyyu ala al
		
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			-khafiyyi In shaykh he says wadhari kaka thahir
		
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			ala al-mu'awwali, like a thahir over
		
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			a mu'awwal A thahir over a mu
		
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			'awwal.
		
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			So for example the discussion about awlamas tumul
		
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			nisa wa lam yamsasni bashar Right, Sayyidina Abu
		
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			Hanifa says it means physical relationship Others scholars
		
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			say no, lamas, the literal meaning is to
		
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			touch But he says look Sayyidina Maryam, she
		
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			used it here in a figurative way so
		
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			you can see Sort of the back and
		
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			forth, right?
		
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			wal lafthu fee ma'naa al-haqeeqi ala
		
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			ma'naa al-majazi So the literal is
		
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			given preference over the figurative, we find sometimes
		
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			the Western mind al-majaz yuqaddim ala ala
		
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			al-haqeeqa Lakin for us we say al
		
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			-haqeeqatu yuqaddimu tuqaddimu ala al-majaz Because when
		
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			you open the door of majaz, you sort
		
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			of loosen, not within our system But within
		
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			the Western system the restraints of interpretation like
		
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			conspiracy theories when someone invokes conspiracy that removes
		
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			like all Of the guardrails of like interpretive
		
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			discipline.
		
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			So scholars are very careful.
		
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			Hey, if something is haqeeqa, it's haqeeqa But
		
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			of course, you know, sometimes like an aqeedah,
		
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			it's an obligation to Engage in the figurative
		
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			and there are rules for that what are
		
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			called al-qaraa in al-qareena Something that
		
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			supports that idea of the figurative usage.
		
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			We'll talk about that perhaps in the future
		
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			Wa yuqaddimu al-dalilu al-mujeeb lil-ilmi
		
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			ala al-mujeebi li-dhan So al-tawatur
		
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			is given preference over ahad So the the
		
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			evidence which leads to yaqeen here the word
		
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			ilm means yaqeen, certainty is given over a
		
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			Preference over an evidence, which is based in
		
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			presumption of dhan So for example al-tawatur
		
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			is given preference over what?
		
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			over dhani The Quran is given preference over
		
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			evidences, which may be a dhani and so
		
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			on and so forth Wa yuqaddimu al-nutqu
		
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			ay al-nas min kitabi ilahi al-sunnati
		
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			rasulihi salallahu alayhi wa sallam ala qiyas And
		
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			then something that's coming from the Quran and
		
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			sunnah if it meets certain requirements is given
		
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			preference over qiyas Wa yuqaddimu al-qiyas al
		
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			-jalli and al-qiyas al-jalli is where
		
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			the illa is clear In fact, some say
		
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			the illa in in what you're making qiyas
		
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			on is more than the asal It's called
		
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			qiyas al-jalli So for example This is
		
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			not We could say for example So Beating
		
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			someone's parents gotta protect us, right?
		
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			The illa for this is greater than in
		
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			say oof.
		
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			Oh Hada qiyas Example of al-qiyas al
		
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			-jalli not a perfect example, but just I
		
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			want to give you an example of it
		
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			It says so fa yuqaddimu al-qiyasu al
		
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			-jalliyuu What's called qiyas al-illa?
		
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			We talked about it before These are synonyms.
		
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			Wala mushahad tafsistalai.
		
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			Call it whatever you want.
		
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			Qiyas Jalli al-qiyas al-illa No problem.
		
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			Ala al-qiyas al-khafi.
		
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			What is what is al-qiyas al-khafi?
		
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			Where the presence of the illa is mixed
		
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			there could be ilal So you have this
		
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			far you have the asal but in the
		
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			far there's like a lot of different potential
		
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			ilal Oh, we learned this right?
		
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			qiyas al-shaba Gave the example for like
		
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			a hermaphrodite for example Someone has a store
		
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			that has a lot of halal and haram
		
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			in so on and so forth fa in
		
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			wujida fi nutq al nas min kitabi lai
		
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			subhana wa ta'ala ma yughayyiru al-aslu
		
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			al-adam al-asli yu'abbar wa anu
		
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			bistishaa bilhal kama taqaddam fa wadah anahu yu'malu
		
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			bin nutqi wa yuturak al-aslu wa katha
		
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			idha wajida ijmaa al-qiyas wa illa fa
		
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			yustas'hab al-hala fa yustas'hab al
		
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			-halu So here if you think about he's
		
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			going back to everything he said earlier now
		
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			He's showing you how to kind of mess
		
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			around with this.
		
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			So if you find a nas That contradicts
		
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			what would be we'd make istas'hab of
		
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			it.
		
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			You go with the nas if you find
		
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			a qiyas jalli There's a difference of opinion
		
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			on this that is stronger than like contradicts
		
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			the istas'hab You go with that istas
		
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			'hab wa illa If you don't find a
		
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			nas or ijmaa or a qiyas jalli Then
		
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			fa yustas'hab al-halu Then you make
		
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			istas'hab.
		
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			So what he's teaching here is what's called
		
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			tarteeb al-adillah Which one is given preference
		
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			over this which one is given preference over
		
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			that which one is given preference over that
		
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			I'm gonna read them to you one more
		
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			time and insha'Allah I plan to do
		
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			the waraqat again all in English as Lessons
		
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			insha'Allah and then also I want to
		
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			add to this in the future like Deeper
		
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			things more information more things that will help
		
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			especially people interested in religious Vocation so he
		
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			says rahimahullah wa amal adilatu fa yuqaddamu aljalliyyu
		
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			alal khafiyy khalas aljalli alal khafiyy like zahir
		
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			over mu'awwal the explicit over the implicit
		
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			the literal over the figurative Wa yuqaddam al
		
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			-mujib lil'ilmi alal-mujib li-dhanni and
		
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			then you give what is like a mutawatir
		
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			yaqeen in its Orientation as far as the
		
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			scholars understanding of it and implementation of it
		
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			like Quran over what is dhanni or hadith
		
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			mutawatir Like qiyas for example or hadith ahad
		
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			Wa nutqa ala qiyas there's something from Quran
		
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			and Sunnah that meets certain requirements is a
		
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			given preference over Qiyas wa yuqaddam al-qiyas
		
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			aljalliyyu ala qiyas al-khafiyy right qiyas al
		
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			-illa ala qiyas al-shaba Why did he
		
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			change the words here to teach you the
		
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			different like?
		
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			Sometimes they call this sometimes they call that
		
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			to give you a familiarity with the nomenclature
		
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			of the law fa'in wujida fi nutqi
		
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			Ma yughayyiru asan if we find something from
		
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			the Quran or Sunnah that changes the asa
		
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			a list ashab a Ibahatu aqliya or bara
		
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			'atu dhimmah as we talked about before Then
		
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			you give preference to that from Quran and
		
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			Sunnah over list ashab Wa illa so if
		
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			you have text from Quran and Sunnah you
		
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			have ijma or you in it or you
		
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			have Al qiyas aljalliyyu qiyas al-illa which
		
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			is strong Wa illa fi ustashab al-hal
		
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			if not, then you would continue with ustashab
		
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			al-hal Barakallahu feekum wa jazakum allahu khayran
		
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			wa salallahu wa sallam ala Sayyidina Muhammad Assalamu
		
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			alaykum wa rahmatullahi wa barakatuh