Suhaib Webb – Usul al-Fiqh Lesson Fifty-Six- The Presumption or Continuity – Istishab
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The speakers discuss various examples of the use of " litigation" in Islam, including "from" meaning one person to another, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain state, "from" meaning a certain
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Bismillah ar-Rahman ar-Raheem alhamdulillahi rabbil alameen
wa salallahu alayhi wa sallam ala Sayyidina Muhammad
Khatim al-anbiyai wa al-mursaleen.
As-salamu alaykum wa rahmatullahi wa barakatuh.
Let's say that you and I were together
somewhere, okay?
And we're at an event then I said,
hey come with me to this other event
and You came with me that that is
called istishaab meaning I asked for you to
accompany me.
That's called istishaab, from one place to another
That's why Allah SWT says about our parents
Like accompanying them in goodness What Imam al
-Haramayn is going to talk about now is
something called istishaab istishaab and We're going to
focus on two areas.
Although there's others just to make it simple
for you Number one is istishaab al-asl
bi-adam al-asl So we have for
example, the origin of things is permissible or
the origins of things is forbidden we're going
to Take that permissibility or that impermissibility wa
nastashibuhu And we're going to cause it to
accompany us because we don't find anything in
the Sharia that changes it That's called istishaab
al-asl bi-adam al-dalil al-shar
'i or bi-adam al-dalil al-shar
'i That we are going to take that
original ruling and cause it to continue with
us because there's no evidence from the Sharia
To show it's forbidden It's also called baraat
dhimmah or ibahat aqliyya For example, we think
about people who never received the message of
Islam aqlan Intellectually, we cannot accept the fact
that Allah will punish them As well as
in the Sharia because Allah is just wa
maa kunnam muAAzibina hatta nabaAAatha rasoola We're not
going to punish somebody or a group of
people till we send a messenger to them
The second type of istishaab is istishaab al
-haal One state continues on so we're in
a certain state I'm gonna elaborate on it
in a second and That state is going
to continue Scholars differ over that the madakis
and the shafis they use it the hanafis.
They don't use it So imam al-haramayn,
he alludes to the first type.
He says wa al-istishaab al-ladhi yuhtaju
bihi ay yastashib al-asl He says in
the type of istishaab Which is agreed upon
as a hujjah as a proof in Islamic
law is an yustashib al-aslu ay yastashib
al-mujtahidu al-asla that that scholar of
ijtihad is going to Take that original default
ruling And cause it to accompany Him Unless
he finds something to change it So he
says an yastashib an yustashib al-aslu liAAadama
dalila al-shara'i or kama qaal imam
al-haramayn Because there's no evidence to change
it what some scholars call the mughayir The
mughayir would be that text from quran or
sunnah Uh that would change it There are
examples of this in the quran where things
were changed But we understand that the asl
was there the asl was was was recognized.
So allah subhanahu wa ta'ala says after
audhu billahi min ash-shaitani rajeem fa man
jaa'ahu ma wa'idhatum min rabbihi fan
taha fa lahu ma salafa wa amruhu ilallah
in the context of riba Okay, surah baqarah,
and if there comes to him from his
lord a reminder that this is haram Fan
taha and that person stops But what happened
before that there's no problem because before that
there was no evidence so Can Until the
dalil came So it's just Here the asl
came from the quran, but the point the
scholars used it to show that well originally
it was permissible permissible And it stayed permissible
until the dalil al-shara'i came Khalas
uh an example of this would also sometimes
we find people overcome by emotions or overcome
by Sometimes thoughts that are outside of islam.
They're like well, you know, like there there
has to be like Um a six prayer
or there has to be like a prayer
on this night or that night So the
scholar is going to look and say there's
no evidence for that So the asl remains
which is in this case hurma.
You can't add a six prayer.
You shouldn't add a special night Unless there
is some type of explicit or implicit evidence
that alludes to that Okay, so if you
think about it istishaab al-asl is used
for ithbaat al-nafi To keep something established
or to deny something And what impacts that
is al-mughayyir al-dalil al-shara'i
scholars agree on this As far as an
asl they may differ on how sometimes it's
applied and used and whatever But they agree
on it as an asl And it has
different names like bara'at al-dhimma is
in one case.
For example, people never heard the message ibahat
al-aqliyya Right the ibaha which is based
on like just your intellect like allah is
not going to punish people till he sends
a message Something cannot be legislated if there's
no legislation for it ibahat al-aqliyya So
we say al-taklif al-bimuhari al-yajus
It's a famous axiom Um in usul al
-fiqh that allah is not going to burden
someone with something that's beyond their ability For
example in this case someone who never heard
the message of islam Or something became form
which there's no text for that's impossible for
someone to To accept that so that is
agreed upon.
So that's why it says what istishaab al
-ladhi yuhtaju bihi ay an yustashaab al-aslu
Inda adam al-dalil al-shari aw li
adam al-dalil al-shari So that asul
is going to be with us like sahaba
same word.
It's going to be with us So we're
going to can accompany that asul a a
a a term for it is the presumption
of continuity If you're looking for like a
real specific sort of legal term the presumption
of the continuity of that asul that ruling
Um The second type of istishaab that we're
going to talk about which scholars differ over
the scholars differ over is hal ilal hal
from one state to another The malikis and
the shafii they agree upon it Although they
may differ on certain applications of it and
the hanafis they don't agree upon it and
the simple Example that I can give you
is in the maliki madhhab if someone makes
tayammum Okay, they make tayammum And then during
the prayer water is discovered imam maric radiyallahu
anhu As well as in our books of
fiqh said the person should continue their prayer
why istishaaban lil asul So they should continue
because they're they're in the state of tahara
because of the tayammum and they already started
the prayer The hanafi say no, no, no
that person has to stop their prayer go
to make wudu and pray again So here
you see istishaab al asul istishaab al hal
Other types of istishaab that scholars differ over
for example istishaab al ijmaa istishaab al al
al al al al al khas We're not
going to get into that now.
We're just going to focus on these two
imam al harameen only really alludes to one
of them He says well istishaab al ladhi
yuhtajjubihi ay ay an yustashaab al aslu li
adami al dalil shar'i He says al
shar'i to show the only thing that
can change it Is a sharia evidence is
a sharia evidence khalas This is called istishaab
and you can see how it relates to
the previous chapter al asuf al asha The
default ruling of things which have no text
is this or that Khalas there's an example
of this in the maliki madhhab where scholars
differ over the second type after tayammum is
for example someone who is is Not able
to slaughter on hajj For a legitimate reason
and the example that we give the one
who is being pursued by an enemy Even
if that person has something to slaughter Imam
al marik radi allahu anhu said that that
person, you know, that person doesn't have to
slaughter Based on istishaab al asl that the
person is being pursued by an enemy The
other madhhab like imam al shafi and others
they say no no No, there's a verse
in the quran That someone who is You
know kept for whatever reason should slaughter if
they find ease in it if it's easy
for them So they differ with sayyidina imam
marik on this issue on this issue the
application of the verse Versus this qaeda right
istishaab al hal This is a Very profound
axiom that we can build on in the
future because we said trying to take or
add things from the sharia Or take and
add things from the asl which people are
upon Has to have dalil has to have
dalil for it to be istishaab istishaab Barakallahu
feekoum wa jazakumullahu khayran wa sallallahu wa sallim
ala sayyidina muhammad Assalamualaikum warahmatullahi wabarakatuh