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

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