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

Suhaib Webb
Share Page

AI: Summary ©

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.

AI: Summary ©

00:00:01 --> 00:00:03
			بسم الله الرحمن الرحيم الحمد لله حمدا كثيرا
		
00:00:03 --> 00:00:07
			طيبا مباركا فيه وأصلي وأسلم على سيدنا محمد
		
00:00:07 --> 00:00:13
			المبعوث رحمة للعالمين وعلى آله الأطهر وأصحاب الأبرار
		
00:00:13 --> 00:00:17
			ومن اقتدى بي حديهم وتسنى بي سنتهم حتى
		
00:00:17 --> 00:00:50
			تقوم الساعة السلام عليكم ورحمة الله وبركاته أهلا
		
00:00:50 --> 00:00:51
			ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا
		
00:00:51 --> 00:00:52
			ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا
		
00:00:52 --> 00:00:52
			ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا
		
00:00:52 --> 00:00:52
			ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا
		
00:00:52 --> 00:00:52
			ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا ومرحبا
		
00:00:52 --> 00:00:54
			ومرحبا ومرحبا ومرحبا ومرحبا Necessary for certainly Imams
		
00:00:55 --> 00:00:58
			Necessary for Islamic Studies teachers But maybe it's
		
00:00:58 --> 00:01:01
			not for you And that's okay There's nothing
		
00:01:01 --> 00:01:02
			wrong with that We all have a role
		
00:01:02 --> 00:01:06
			to play Alhamdulillahi Rabbil Alameen The Arabs have
		
00:01:06 --> 00:01:09
			a great statement That if a man finds
		
00:01:09 --> 00:01:11
			a woman attractive He doesn't care how much
		
00:01:11 --> 00:01:14
			the mahr is And if a woman, she
		
00:01:14 --> 00:01:16
			finds a man attractive She doesn't care how
		
00:01:16 --> 00:01:18
			low the mahr is Because when we love
		
00:01:18 --> 00:01:20
			something When we like something We sacrifice for
		
00:01:20 --> 00:01:23
			it So now we reached the section On
		
00:01:23 --> 00:01:27
			At-Ta'arid, Wa-Tawaqif, Wa-Tarjih And
		
00:01:27 --> 00:01:30
			last time we talked about The two Aam
		
00:01:30 --> 00:01:34
			texts If we can corroborate them Which is
		
00:01:34 --> 00:01:37
			Fard, Wajib On the Mujtahid Wa-Jam'u
		
00:01:37 --> 00:01:40
			Wajibun Itha Ma'amkana I mentioned that verse
		
00:01:40 --> 00:01:43
			last time From Maraqis Saud It's an obligation
		
00:01:43 --> 00:01:45
			But what happens when it's not possible?
		
00:01:45 --> 00:01:48
			What happens when corroboration is not possible?
		
00:01:48 --> 00:01:50
			It's going to introduce you To a subject
		
00:01:50 --> 00:01:53
			called At-Tawaqif Imagine From the word Waqif
		
00:01:53 --> 00:01:54
			means to stop, right?
		
00:01:56 --> 00:01:58
			Waqaftu ala al-amr I stopped at this
		
00:01:58 --> 00:02:03
			affair Imagine these are great scholars These are
		
00:02:03 --> 00:02:05
			the cream of the crop And they have
		
00:02:05 --> 00:02:09
			a section That we learn Called Baab At
		
00:02:09 --> 00:02:11
			-Tawaqif When not to say anything When not
		
00:02:11 --> 00:02:17
			to do anything When not to engage I
		
00:02:17 --> 00:02:19
			think the world needs Baab At-Tawaqif now
		
00:02:19 --> 00:02:23
			Everybody has something to say So he says
		
00:02:23 --> 00:02:28
			رحمه الله وإن لم يمكن الجمع بينهما يتوقف
		
00:02:28 --> 00:02:38
			فيهما إن لم يعلم التاريخ This is very
		
00:02:38 --> 00:02:43
			important He says so وإن لم يمكن الجمع
		
00:02:43 --> 00:02:46
			بينهما If it's not possible to make two
		
00:02:46 --> 00:02:52
			Aam texts corroborate يتوقف فيهما توقف Don't say
		
00:02:52 --> 00:02:54
			anything There's no action related to the two
		
00:02:54 --> 00:03:01
			texts In that context إن لم يعلم التاريخ
		
00:03:02 --> 00:03:03
			As long as what he means by التاريخ
		
00:03:03 --> 00:03:06
			is We don't know which verse came first
		
00:03:06 --> 00:03:09
			Which verse came after Which hadith came first
		
00:03:09 --> 00:03:12
			Which hadith came after Which verse came first
		
00:03:12 --> 00:03:16
			Which hadith came after Meaning النسخ النسخ that
		
00:03:16 --> 00:03:18
			we already learned about Because if that's the
		
00:03:18 --> 00:03:20
			case If we know that Okay, here's these
		
00:03:20 --> 00:03:22
			two texts That seem to kind of oppose
		
00:03:22 --> 00:03:24
			one another And this one came after that
		
00:03:24 --> 00:03:27
			one Like alcohol for example Then we can
		
00:03:27 --> 00:03:30
			say this is نسخ So he says إن
		
00:03:30 --> 00:03:35
			لم يعلم التاريخ So يتوقف إن لم يعلم
		
00:03:35 --> 00:03:39
			التاريخ So Baab At-Tawaqif has conditions We're
		
00:03:39 --> 00:03:40
			not going to learn about تواقف in this
		
00:03:40 --> 00:03:44
			text here The point is If it's impossible
		
00:03:44 --> 00:03:47
			to come to any type of conclusion That
		
00:03:47 --> 00:03:49
			will allow these two texts to work together
		
00:03:49 --> 00:03:53
			الجمع And we don't know which one came
		
00:03:53 --> 00:03:57
			first Then you have التوقف So it's like
		
00:03:57 --> 00:03:58
			he's telling you that system That I talked
		
00:03:58 --> 00:04:01
			about earlier There's a great example of this
		
00:04:01 --> 00:04:04
			principle in the Quran And the reason I'm
		
00:04:04 --> 00:04:07
			using it Is because we actually have the
		
00:04:07 --> 00:04:09
			application of this principle By one of the
		
00:04:09 --> 00:04:12
			great companions Sayyiduna Uthman Ibn Affan رضي الله
		
00:04:12 --> 00:04:15
			عنهما Allah Subhanahu Wa Ta'ala says إِلَّا
		
00:04:15 --> 00:04:24
			عَلَىٰ أَزْوَاجِهِمُ أَوْمَا مَلَكَتَيْمَنُهُمْ Allah Subhanahu Wa Ta
		
00:04:24 --> 00:04:27
			'ala says that Everything is forbidden for a
		
00:04:27 --> 00:04:31
			physical relationship * except your wives or slaves
		
00:04:32 --> 00:04:36
			Slave in this context, slave women But then
		
00:04:36 --> 00:04:41
			Allah says in the Quran أَنْ تَجْمَعُوا بَيْنَ
		
00:04:41 --> 00:04:47
			ٱلْأُخْتَيْنِ إِلَّا مَا قَدَ سَلَفُ That you marry
		
00:04:47 --> 00:04:50
			two sisters It's forbidden for you to marry
		
00:04:50 --> 00:04:55
			two sisters The concern here is that أَوْمَا
		
00:04:55 --> 00:05:01
			مَلَكَتَيْمَنُهُمْ Is عَم Any woman can be at
		
00:05:01 --> 00:05:05
			that time historically Potentially a slave But here
		
00:05:05 --> 00:05:09
			says that you can't marry two sisters So
		
00:05:09 --> 00:05:12
			you have this What if the two sisters
		
00:05:12 --> 00:05:14
			are Of course this is in ancient times
		
00:05:14 --> 00:05:19
			slaves So this is two texts One says
		
00:05:19 --> 00:05:22
			this, one says that And if brought together
		
00:05:22 --> 00:05:25
			there's this opposition to the دَلَالَ The word
		
00:05:25 --> 00:05:30
			دَلَالَ means مَا يَلْزَمُوا الْعِلْمُ بِهِ عِلْمًا لِشَيْءٍ
		
00:05:30 --> 00:05:33
			آخَرٍ Something which knowledge of it shows you
		
00:05:33 --> 00:05:35
			the knowledge of something else That's دَلَالَ not
		
00:05:35 --> 00:05:39
			دَلِيل دَلِيل as Al-Bajji says هُوَ مَا
		
00:05:39 --> 00:05:43
			صَحَّ أَن يُرْشِدَ إِلَىٰ الْمَطْلُوبِ أَيْ إِلَىٰ الْمَطْلُوبِ
		
00:05:43 --> 00:05:45
			الْخَبَرِ Don't wanna get too much into that
		
00:05:45 --> 00:05:46
			Now in the future we can But Al
		
00:05:46 --> 00:05:49
			-Bajji says رَحِمُ اللَّهُ عَنِ الْأَحْكَامِ That دَلِيل
		
00:05:49 --> 00:05:53
			is what directs you to something correctly The
		
00:05:53 --> 00:05:57
			دَلَالَ of the دَلِيل Is ما يَلْزِيمُ عِلْمُ
		
00:05:57 --> 00:06:03
			بِيهِ عِلْمَ لِشَيْءٍ آخَرٍ What makes necessary the
		
00:06:03 --> 00:06:05
			knowledge of it The knowledge of something else
		
00:06:05 --> 00:06:07
			So here we have this دَلَالَ of the
		
00:06:07 --> 00:06:11
			first text أَوْمَا مَرَكَ تَيْمَانُهُمْ وَأَن تَجْمَعُوا بَيْدَ
		
00:06:11 --> 00:06:13
			الْأُخْتَيْنِ إِلَّا مَا قَدَ سَرَفُ We try to
		
00:06:13 --> 00:06:16
			make both of those دَلَالَs work We say
		
00:06:16 --> 00:06:19
			it in plural It's gonna be تعرض The
		
00:06:19 --> 00:06:22
			problem is here it makes it حلال Here
		
00:06:22 --> 00:06:26
			it makes it حرام That's why Sayyiduna Uthman
		
00:06:26 --> 00:06:29
			ibn Affan رضي الله عنه When he was
		
00:06:29 --> 00:06:34
			asked about this issue He said أَحَلَّتْ لَهَا
		
00:06:34 --> 00:06:38
			آيَةٌ وَحَرَّمَتْهَا آيَةٌ That one ayah makes it
		
00:06:38 --> 00:06:42
			allowed أَوْمَا مَرَكَ تَيْمَانُهُمْ And one ayah makes
		
00:06:42 --> 00:06:45
			it حرام وَأَن تَجْمَعُوا بَيْدَ الْأُخْتَيْنِ إِلَّا مَا
		
00:06:45 --> 00:06:48
			قَدَ سَرَفُ So Sayyiduna Uthman ibn Affan The
		
00:06:48 --> 00:06:52
			great Muslim One of the four rightly guided
		
00:06:52 --> 00:06:55
			leaders of the early Muslim community He did
		
00:06:55 --> 00:06:58
			what's called تَوَقُف He had no opinion This
		
00:06:58 --> 00:07:04
			is Uthman ibn Affan رضي الله عنهم Later
		
00:07:04 --> 00:07:08
			on scholars came And they did something which
		
00:07:08 --> 00:07:10
			we'll talk about perhaps in the future The
		
00:07:10 --> 00:07:14
			تَنقِيحَ فَالْقَرَافِ And Imam Ibn Ashur has a
		
00:07:14 --> 00:07:18
			great footnote about this In the تَنقِيح That
		
00:07:18 --> 00:07:20
			later on scholars would come And look at
		
00:07:20 --> 00:07:24
			earlier scholars who did تَوَقُف Who stopped because
		
00:07:24 --> 00:07:27
			of this inability to do جَمَع And there
		
00:07:27 --> 00:07:31
			was no نَسْخ They'll see are there any
		
00:07:31 --> 00:07:36
			foundational principles Like القواعد That can be invoked
		
00:07:37 --> 00:07:42
			To settle the issue So in this instance
		
00:07:42 --> 00:07:48
			where أَوْمَا مَرَكَ تَيْمَانُهُمْ Any slave woman Can
		
00:07:48 --> 00:07:51
			be potentially Someone that at that time someone
		
00:07:51 --> 00:07:55
			had a physical relationship with وَإِن تَجْمَعُوا بَيْنَ
		
00:07:55 --> 00:07:59
			الْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفُ Two sisters are
		
00:07:59 --> 00:08:01
			not allowed Here two sisters are not allowed
		
00:08:01 --> 00:08:05
			But here any woman that is a slave
		
00:08:05 --> 00:08:08
			You can have these relationships with Again historical
		
00:08:08 --> 00:08:12
			context being important So Uthman ibn Affan رضي
		
00:08:12 --> 00:08:19
			الله عنه تَوَقَّف مَا أَفْتَبِ ايْشَي So scholars
		
00:08:19 --> 00:08:21
			will come later on And remember this They'll
		
00:08:21 --> 00:08:24
			look at these earlier opinions Where people had
		
00:08:24 --> 00:08:27
			تَوَقَّف And they'll see are there any قواعد
		
00:08:28 --> 00:08:32
			Are there any foundational principles used That can
		
00:08:32 --> 00:08:35
			settle this dispute And Shaykh al-Mahari رحمه
		
00:08:35 --> 00:08:38
			الله Mentioned this in his explanation of الورقات
		
00:08:38 --> 00:08:45
			Which is great for beginners الْأَصْلُ فِي الْأَبْضَعِ
		
00:08:45 --> 00:08:51
			الْتَحْرِيمِ That the default for sexual relationships Is
		
00:08:51 --> 00:08:57
			impermissibility This is one of the few instances
		
00:08:57 --> 00:09:01
			where You don't find that foundational principle الْأَصْلُ
		
00:09:01 --> 00:09:04
			فِي الْأَشْيَاءِ بَاحَةِ That the foundation of all
		
00:09:04 --> 00:09:08
			things is permissible That's kind of the default
		
00:09:08 --> 00:09:10
			principle But there are certain things Like the
		
00:09:10 --> 00:09:14
			property of a person الْأَصْلُ فِي الْمُكِّ التحريم
		
00:09:14 --> 00:09:16
			Like I can't just go and take someone's
		
00:09:16 --> 00:09:18
			stuff Because the أصل is not إباحة The
		
00:09:18 --> 00:09:22
			أصل is تحريم Unless there's an عقد And
		
00:09:22 --> 00:09:24
			usually this principle about The أصل being forbidden
		
00:09:24 --> 00:09:28
			Falls under areas where there's Like contract law
		
00:09:29 --> 00:09:30
			Because the contract does what?
		
00:09:31 --> 00:09:33
			What does the scholars say about marriage?
		
00:09:34 --> 00:09:38
			استحلال المعاشرة الزوجية Right?
		
00:09:38 --> 00:09:42
			It makes permissible That means it wasn't forbidden
		
00:09:42 --> 00:09:45
			It was forbidden before It wasn't allowed So
		
00:09:45 --> 00:09:47
			that means the principle If you read the
		
00:09:47 --> 00:09:49
			books of Fiqh now I'm helping you with
		
00:09:49 --> 00:09:51
			something Like Khalil he does this a lot
		
00:09:51 --> 00:09:54
			in his مختصر So does Shaykh Ahmad Dardir
		
00:09:54 --> 00:09:58
			in the أقرب قرمسانك يعني The word استحلال
		
00:09:58 --> 00:09:59
			الفرج Right?
		
00:09:59 --> 00:10:02
			Making sexual relations permissible That means it was
		
00:10:02 --> 00:10:05
			Its أصل wasn't permissibility Its أصل was forbidden
		
00:10:05 --> 00:10:07
			So pay attention to this So the scholars
		
00:10:07 --> 00:10:09
			now They went and looked for example At
		
00:10:09 --> 00:10:11
			the opinion of Sayyidina Uthman ibn Mahfan رضي
		
00:10:11 --> 00:10:13
			الله عنه He said He didn't say anything
		
00:10:13 --> 00:10:15
			He doesn't have a fatwa Because he says
		
00:10:15 --> 00:10:19
			أحلت لها آية وحرمت آية So then they
		
00:10:19 --> 00:10:24
			took a foundational axiom الأصل في الأبداع التحريم
		
00:10:25 --> 00:10:29
			That the default For sexual relations Is not
		
00:10:29 --> 00:10:33
			permissibility It's forbiddance And that also not to
		
00:10:33 --> 00:10:35
			get too off track Is why people who
		
00:10:35 --> 00:10:39
			say That Muslim women can marry non-Muslim
		
00:10:39 --> 00:10:40
			men Because the foundation of all things is
		
00:10:40 --> 00:10:44
			permissible It shows you that they're sloppy In
		
00:10:44 --> 00:10:48
			their training Sloppy in their application Or perhaps
		
00:10:48 --> 00:10:51
			This happens to everybody They forgot or they
		
00:10:51 --> 00:10:54
			made a mistake Or they missed The axiom
		
00:10:54 --> 00:10:57
			actually is the opposite That the foundation Of
		
00:10:57 --> 00:11:01
			sexual relations And living as husband and wife
		
00:11:01 --> 00:11:06
			Is forbidden Unless there's an aqid So here
		
00:11:06 --> 00:11:09
			they solve this crisis When they say that
		
00:11:09 --> 00:11:12
			yes باب التوقف However there is an axiom
		
00:11:12 --> 00:11:15
			That says the foundation of Sexual relations is
		
00:11:15 --> 00:11:20
			forbidden So therefore These women fall under Those
		
00:11:20 --> 00:11:23
			two sisters fall under The designation of It
		
00:11:23 --> 00:11:27
			not being allowed to Have two slave women
		
00:11:27 --> 00:11:31
			Again historical context here Who are sisters Based
		
00:11:31 --> 00:11:34
			on the qaeda And here you see beautifully
		
00:11:34 --> 00:11:36
			How the qawaed work How they work as
		
00:11:36 --> 00:11:41
			foundations When we run into interpretive Difficulty For
		
00:11:41 --> 00:11:45
			clarity For clarity Then he says فإن علم
		
00:11:45 --> 00:11:55
			التاريخ فينسخ المتقدم بالمتأخر And if The history
		
00:11:55 --> 00:11:57
			is known as tareekh Which one happened first?
		
00:11:58 --> 00:11:59
			Which one happened second?
		
00:11:59 --> 00:12:01
			Then there's nasgh We already talked about With
		
00:12:01 --> 00:12:05
			nasweens We'll stop here بارك الله فيكم Next
		
00:12:05 --> 00:12:06
			time we'll pick up The discussion on What
		
00:12:06 --> 00:12:09
			if there are two khas Texts We already
		
00:12:09 --> 00:12:10
			did now What if there are two aam
		
00:12:11 --> 00:12:16
			Texts We did الجمع التوقف النسخ بارك الله
		
00:12:16 --> 00:12:19
			فيكم وصلى الله وسلم على سيد محمد And
		
00:12:19 --> 00:12:22
			also we did ترجيح With the qaeda That
		
00:12:22 --> 00:12:24
			example That foundation Where they said Look we're
		
00:12:24 --> 00:12:26
			gonna choose One over the other Even though
		
00:12:26 --> 00:12:28
			Sayyidina Uthman ibn Affan رضي الله عنه Was
		
00:12:28 --> 00:12:31
			silent That's called tarjih So those four things
		
00:12:31 --> 00:12:36
			We modeled for you الجمع الترجيح التوقف النسخ
		
00:12:36 --> 00:12:40
			وصلى الله وسلم على سيد محمد السلام عليكم
		
00:12:40 --> 00:12:42
			ورحمة الله وبركاته