Suhaib Webb – Usul al-Fiqh Lesson Fifty-Three- Qiyas – Part Two Three Types of Qiyas

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The speakers discuss the complexity of the concept of " q knew," which is a situation where two individuals experience a ruling between them. They provide examples of how the term has multiple qualities and is used to describe a situation where there is a strong smell or odor. The speakers explain the differences between the original case and the new case, and emphasize the importance of understanding the "individual of the weakest form" in order to determine the cause of a speech. They also discuss the three types of qryas, including qryas al shaba, qryas al shaba, and qryas al shaba, and provide examples and examples of how they relate to each case.
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Bismillah ar-Rahman ar-Rahim, alhamdulillah, wa salallahu
wa sallam ala Sayyidina Muhammadin wa man wala.
As-salamu alaykum wa rahmatullahi wa barakatuh.
Welcome back to our explanation of al-waraqat.
We reached the section now on al-qasam
al-qiyas, the types of qiyas.
We said that qiyas means to measure, so
like beastful we gave that example, thermostat we
gave that example, we gave the definition of
Sayyid Imam al-Baji.
Now the sheikh is going to talk about
Imam al-Haramayn, the imam, the parts of
qiyas.
When you hear the word al-qasam, plural
of qisam, that means he's talking about a
gins, gins is like a genus.
When you hear the word anwa' in classical
text, it's talking about a genus.
So for example, ibn ajurum, don't say ajurum,
ajurum, ajurum, he says rahimuhullah wa aqasamuhu, aqsamu
kalam thalatha, that the parts of speech are
three, ism fi'l muharrith, al-hariri he
says al-murhat al-arab, wal-na'uhu
alladhi alayhi yubana, ismul wa fi'nutum muharrifu
ma'na, ya'ani that na'u, the
kind, so parts and kinds are always usually
talking about gins, this is very important because
we're going to go into this in greater
detail as we get into taqreeb al-wusul
of Imam Ibn al-Juzaayn, this is crucial
for any serious student of fiqh and usul
al-fiqh.
So I'm talking about it, okay?
He says aqsamu al-qiyasi, aqsam taba'an
jammul takseer, i.e. qisam, wa huwa al
-qiyas yanqasimu ila thalatha ti'aqsam, the qiyas
is partitioned into three kinds, three parts, ila
qismin illatin, ila qiyasin illatin, wa
qiyasin thalalatin, wa qiyasin shabahin.
The word illa means the underlying cause, when
you go to a doctor you ask, like,
what's the illa of my illness?
The word thalatha is defined by scholars as,
in our field, as ma yalzimu ilmuhu ilma
bishayin aqar, what necessitates knowledge of it, having
knowledge of something else.
So for example, the red sign, the red
light, it's not the actual stoppage, right?
But it is an indication that you need
to stop.
Fa ilm bihi yalzim'in bilwukuf.
The third qiyas, shabaha, shabaha means a partial
likeness, not a complete likeness.
And if you think about what we talked
about when we defined qiyas, we said, number
one, that there is this act that doesn't
have a ruling.
Number two, there's an act that has a
ruling.
Number three, there's a shared something between them.
Number four, there's the ruling of the act
that has also from Quran and Sunnah.
What we mean by here, shabah, is that
in that unregulated act, there are numerous qualities
that sort of make it, it could be
like, you can do qiyas with this or
qiyas with that or qiyas with this or
qiyas with that.
So shabaha is complicated.
That's why it's considered one of the weakest
forms, if not the weakest form of qiyas,
and that's why it's hotly debated amongst the
ulama, because it allows for a lot of
subjectivity that makes them say, hmmmm.
So let me give you like three examples.
Qiyas al-illa is like, Allah says in
the Quran, don't go like to your parents
like, ufff.
Qiyas al-illa, what's the illa here?
It's very clear, it's ithaa.
Al-walideen, may Allah protect us, is harming
our parents, abusing our parents, injuring our parents.
So anything which is more apt to harm
them than going ffff, is going to take
that ruling.
Because the illa is their harm.
So that's qiyas illa.
Another example would be, for example, intoxicants like
opioids and alcohol.
The illa of intoxication is there, and that's
why we have the axiom, al-ahkamu tajri
bi-illa liha, that rulings move according to
their underlying causes.
Ar-raazi, he defines the illa as mu
'arrisi, mu'arrifa al-hukm.
It's what helps us identify and know what
is a ruling.
Khalas, this is from Bab al-waseela.
I defined it here, I have it in
front of me, qiyas illa analogy of cause.
The cause is there, the cause is there,
completely.
So qiyas ala thaat al-illa.
Okay?
Wujoodan wa adaman.
So this involves identifying a common effective cause
between the original case, the asl, and the
second case, the far'a, or the new
case.
If the cause for the ruling in the
original case applies to the new case, the
same ruling of the original case is extended
to the second, like abuse to parents that
goes beyond.
An example, the prohibition of wine due to
its intoxicating effect is extended to other intoxicants
because the illa is there.
The second type of qiyas is qiyasu dalala,
analogy of intoxication.
Dalala is indication.
Ma yalzimu bi'ilmihi ilma shay'in akhar.
Knowing it helps you know something else, like
the stop sign example I gave you earlier.
This form of analogy is based on an
indicator or sign that suggests the presence of
the illa, but it's not the illa, and
that's the difference.
Qiyas al dalala is not qiyas illa.
Illa is on the same underlying cause.
Here it is an indicator of that cause,
so that's why it is second in its
tier of strength.
The first is qiyas illa, then dalala.
This form of analogy is based on an
indicator or sign that suggests the presence of
the illa without it being explicitly apparent.
It relies on a characteristic, sifat or awarid,
that implies the underlying reason for the ruling.
The presence of a strong unpleasant odor, for
example, like kombucha, smells like alcohol.
It's not haram, but people, I get this
question all the time because people are kind
of doing qiyas al dalala, like it smells
like that stuff, so it must be the
same.
So like the presence of a strong unpleasant
smell or odor in a beverage may indicate
fermentation.
Hadha qiyas dalala.
The third, qiyas al shaba, which is an
analogy of resemblance.
I did my best, I'm not super happy
with the translation, so maybe someone in the
comments can help me.
This type is used when a new case
has shared qualities amongst many things, with multiple
usool.
So it has shared potential illal with multiple
usool.
So it's not just one.
And it's not clear which one is stronger
without investigation.
But it doesn't fit perfectly with any of
them.
The new case is assigned the ruling of
the original case, it most closely resembles.
And this is the weakest form of qiyas,
and there is quite a bit of discussion
about it because of sort of, it's very
subjective, right?
A good example would be like hermaphrodites.
That's why Ian Onoe says whichever gender sort
of takes the dominant role here, then that's
the qiyas given to that person.
Okay?
Let me give you a few other examples
of these types of qiyas to help you,
and then we'll stop inshaAllah.
Number one, qiyas illa would be extending the
prohibition of traditional gambling to online gambling.
To online gambling platforms or apps, as both
involve betting and chance leading to potential financial
harm.
It's not the exact form of gambling that
was talked about in the time of the
Prophet ﷺ, but the illa is there clearly.
Another example of qiyas dalala, prohibition of electronic
cigarettes in places where smoking is banned, or
for an individual who obviously is worried about
their health, based on the visible vapor and
associated health risks.
So because of the vapor and potential health
risks, those are all sifat of that illa.
See something?
Then it would be declared as haram.
I'm not giving you a fatwa, I'm giving
you examples.
Okay?
The third qiyas is shabah.
I mentioned it earlier, but here it's more
detailed.
Applying existing traffic laws for cars to electronic
scooters, right?
Considering their function similarity is in transportation despite
differences in design and speed.
This is not necessarily a sharia example, but
one that I wanted to give you to
sort of like help you think.
We'll get into qiyas shabah in other texts
in more detailed ways.
So alhamdulillah, understanding, I wrote it here, these
three distinct forms of qiyas helps in applying
Islamic legal principles, the qawad, to contemporary issues,
as well as help you understand alhamdulillah, the
form.
So I'll ask you an example.
When the Prophet ﷺ said, we're not supposed
to hit the face, what today would you
apply that to for which there's no explicit
ruling?
When the Prophet ﷺ said, there should be
no harm in Islam, what are some examples
of things you could think about where there
is like really serious harm?
Not partial harm, we're talking about, you know,
really serious potential harm.
How would you apply that to certain situations?
Look forward to your answers in the comments
box.
BarakAllahu Feekum, Wa Salaam Alaikum Wa Rahmatullahi Wa
Barakatuhu.