Suhaib Webb – Usul al-Fiqh Lesson Forty Five – Cooperation Between Two Universals

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The speakers discuss two texts that appear impossible to fully explain, including one about a couple's relationship and the other about a couple's relationship. They stress the importance of the internet and the internet for understanding and communicating, as well as the importance of findingford principles and clarity in relationships. They also discuss the acceptance of sexual attraction and the need for clarity in relationships, as well as the importance of knowing who is a slave and choosing a better partner.
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بسم الله الرحمن الرحيم الحمد لله حمدا كثيرا
طيبا مباركا فيه وأصلي وأسلم على سيدنا محمد
المبعوث رحمة للعالمين وعلى آله الأطهر وأصحاب الأبرار
ومن اقتدى بي حديهم وتسنى بي سنتهم حتى
تقوم الساعة السلام عليكم ورحمة الله وبركاته أهلا
ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا
ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا
ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا
ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا
ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا
ومرحبا ومرحبا ومرحبا ومرحبا Necessary for certainly Imams
Necessary for Islamic Studies teachers But maybe it's
not for you And that's okay There's nothing
wrong with that We all have a role
to play Alhamdulillahi Rabbil Alameen The Arabs have
a great statement That if a man finds
a woman attractive He doesn't care how much
the mahr is And if a woman, she
finds a man attractive She doesn't care how
low the mahr is Because when we love
something When we like something We sacrifice for
it So now we reached the section On
At-Ta'arid, Wa-Tawaqif, Wa-Tarjih And
last time we talked about The two Aam
texts If we can corroborate them Which is
Fard, Wajib On the Mujtahid Wa-Jam'u
Wajibun Itha Ma'amkana I mentioned that verse
last time From Maraqis Saud It's an obligation
But what happens when it's not possible?
What happens when corroboration is not possible?
It's going to introduce you To a subject
called At-Tawaqif Imagine From the word Waqif
means to stop, right?
Waqaftu ala al-amr I stopped at this
affair Imagine these are great scholars These are
the cream of the crop And they have
a section That we learn Called Baab At
-Tawaqif When not to say anything When not
to do anything When not to engage I
think the world needs Baab At-Tawaqif now
Everybody has something to say So he says
رحمه الله وإن لم يمكن الجمع بينهما يتوقف
فيهما إن لم يعلم التاريخ This is very
important He says so وإن لم يمكن الجمع
بينهما If it's not possible to make two
Aam texts corroborate يتوقف فيهما توقف Don't say
anything There's no action related to the two
texts In that context إن لم يعلم التاريخ
As long as what he means by التاريخ
is We don't know which verse came first
Which verse came after Which hadith came first
Which hadith came after Which verse came first
Which hadith came after Meaning النسخ النسخ that
we already learned about Because if that's the
case If we know that Okay, here's these
two texts That seem to kind of oppose
one another And this one came after that
one Like alcohol for example Then we can
say this is نسخ So he says إن
لم يعلم التاريخ So يتوقف إن لم يعلم
التاريخ So Baab At-Tawaqif has conditions We're
not going to learn about تواقف in this
text here The point is If it's impossible
to come to any type of conclusion That
will allow these two texts to work together
الجمع And we don't know which one came
first Then you have التوقف So it's like
he's telling you that system That I talked
about earlier There's a great example of this
principle in the Quran And the reason I'm
using it Is because we actually have the
application of this principle By one of the
great companions Sayyiduna Uthman Ibn Affan رضي الله
عنهما Allah Subhanahu Wa Ta'ala says إِلَّا
عَلَىٰ أَزْوَاجِهِمُ أَوْمَا مَلَكَتَيْمَنُهُمْ Allah Subhanahu Wa Ta
'ala says that Everything is forbidden for a
physical relationship * except your wives or slaves
Slave in this context, slave women But then
Allah says in the Quran أَنْ تَجْمَعُوا بَيْنَ
ٱلْأُخْتَيْنِ إِلَّا مَا قَدَ سَلَفُ That you marry
two sisters It's forbidden for you to marry
two sisters The concern here is that أَوْمَا
مَلَكَتَيْمَنُهُمْ Is عَم Any woman can be at
that time historically Potentially a slave But here
says that you can't marry two sisters So
you have this What if the two sisters
are Of course this is in ancient times
slaves So this is two texts One says
this, one says that And if brought together
there's this opposition to the دَلَالَ The word
دَلَالَ means مَا يَلْزَمُوا الْعِلْمُ بِهِ عِلْمًا لِشَيْءٍ
آخَرٍ Something which knowledge of it shows you
the knowledge of something else That's دَلَالَ not
دَلِيل دَلِيل as Al-Bajji says هُوَ مَا
صَحَّ أَن يُرْشِدَ إِلَىٰ الْمَطْلُوبِ أَيْ إِلَىٰ الْمَطْلُوبِ
الْخَبَرِ Don't wanna get too much into that
Now in the future we can But Al
-Bajji says رَحِمُ اللَّهُ عَنِ الْأَحْكَامِ That دَلِيل
is what directs you to something correctly The
دَلَالَ of the دَلِيل Is ما يَلْزِيمُ عِلْمُ
بِيهِ عِلْمَ لِشَيْءٍ آخَرٍ What makes necessary the
knowledge of it The knowledge of something else
So here we have this دَلَالَ of the
first text أَوْمَا مَرَكَ تَيْمَانُهُمْ وَأَن تَجْمَعُوا بَيْدَ
الْأُخْتَيْنِ إِلَّا مَا قَدَ سَرَفُ We try to
make both of those دَلَالَs work We say
it in plural It's gonna be تعرض The
problem is here it makes it حلال Here
it makes it حرام That's why Sayyiduna Uthman
ibn Affan رضي الله عنه When he was
asked about this issue He said أَحَلَّتْ لَهَا
آيَةٌ وَحَرَّمَتْهَا آيَةٌ That one ayah makes it
allowed أَوْمَا مَرَكَ تَيْمَانُهُمْ And one ayah makes
it حرام وَأَن تَجْمَعُوا بَيْدَ الْأُخْتَيْنِ إِلَّا مَا
قَدَ سَرَفُ So Sayyiduna Uthman ibn Affan The
great Muslim One of the four rightly guided
leaders of the early Muslim community He did
what's called تَوَقُف He had no opinion This
is Uthman ibn Affan رضي الله عنهم Later
on scholars came And they did something which
we'll talk about perhaps in the future The
تَنقِيحَ فَالْقَرَافِ And Imam Ibn Ashur has a
great footnote about this In the تَنقِيح That
later on scholars would come And look at
earlier scholars who did تَوَقُف Who stopped because
of this inability to do جَمَع And there
was no نَسْخ They'll see are there any
foundational principles Like القواعد That can be invoked
To settle the issue So in this instance
where أَوْمَا مَرَكَ تَيْمَانُهُمْ Any slave woman Can
be potentially Someone that at that time someone
had a physical relationship with وَإِن تَجْمَعُوا بَيْنَ
الْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفُ Two sisters are
not allowed Here two sisters are not allowed
But here any woman that is a slave
You can have these relationships with Again historical
context being important So Uthman ibn Affan رضي
الله عنه تَوَقَّف مَا أَفْتَبِ ايْشَي So scholars
will come later on And remember this They'll
look at these earlier opinions Where people had
تَوَقَّف And they'll see are there any قواعد
Are there any foundational principles used That can
settle this dispute And Shaykh al-Mahari رحمه
الله Mentioned this in his explanation of الورقات
Which is great for beginners الْأَصْلُ فِي الْأَبْضَعِ
الْتَحْرِيمِ That the default for sexual relationships Is
impermissibility This is one of the few instances
where You don't find that foundational principle الْأَصْلُ
فِي الْأَشْيَاءِ بَاحَةِ That the foundation of all
things is permissible That's kind of the default
principle But there are certain things Like the
property of a person الْأَصْلُ فِي الْمُكِّ التحريم
Like I can't just go and take someone's
stuff Because the أصل is not إباحة The
أصل is تحريم Unless there's an عقد And
usually this principle about The أصل being forbidden
Falls under areas where there's Like contract law
Because the contract does what?
What does the scholars say about marriage?
استحلال المعاشرة الزوجية Right?
It makes permissible That means it wasn't forbidden
It was forbidden before It wasn't allowed So
that means the principle If you read the
books of Fiqh now I'm helping you with
something Like Khalil he does this a lot
in his مختصر So does Shaykh Ahmad Dardir
in the أقرب قرمسانك يعني The word استحلال
الفرج Right?
Making sexual relations permissible That means it was
Its أصل wasn't permissibility Its أصل was forbidden
So pay attention to this So the scholars
now They went and looked for example At
the opinion of Sayyidina Uthman ibn Mahfan رضي
الله عنه He said He didn't say anything
He doesn't have a fatwa Because he says
أحلت لها آية وحرمت آية So then they
took a foundational axiom الأصل في الأبداع التحريم
That the default For sexual relations Is not
permissibility It's forbiddance And that also not to
get too off track Is why people who
say That Muslim women can marry non-Muslim
men Because the foundation of all things is
permissible It shows you that they're sloppy In
their training Sloppy in their application Or perhaps
This happens to everybody They forgot or they
made a mistake Or they missed The axiom
actually is the opposite That the foundation Of
sexual relations And living as husband and wife
Is forbidden Unless there's an aqid So here
they solve this crisis When they say that
yes باب التوقف However there is an axiom
That says the foundation of Sexual relations is
forbidden So therefore These women fall under Those
two sisters fall under The designation of It
not being allowed to Have two slave women
Again historical context here Who are sisters Based
on the qaeda And here you see beautifully
How the qawaed work How they work as
foundations When we run into interpretive Difficulty For
clarity For clarity Then he says فإن علم
التاريخ فينسخ المتقدم بالمتأخر And if The history
is known as tareekh Which one happened first?
Which one happened second?
Then there's nasgh We already talked about With
nasweens We'll stop here بارك الله فيكم Next
time we'll pick up The discussion on What
if there are two khas Texts We already
did now What if there are two aam
Texts We did الجمع التوقف النسخ بارك الله
فيكم وصلى الله وسلم على سيد محمد And
also we did ترجيح With the qaeda That
example That foundation Where they said Look we're
gonna choose One over the other Even though
Sayyidina Uthman ibn Affan رضي الله عنه Was
silent That's called tarjih So those four things
We modeled for you الجمع الترجيح التوقف النسخ
وصلى الله وسلم على سيد محمد السلام عليكم
ورحمة الله وبركاته