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

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