Suhaib Webb – Usul al-Fiqh Lesson Forty Imam al-Harmains Waraqat- Abrogation – Part I
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The speakers discuss the meaning of "naigh" in Islamic law, including its use for actions and words, and its use in Arabic language. They also touch on "na" and "will" in relation to "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will" and "will" in the context of "will"
AI: Summary ©
Bismillah ar-Rahman ar-Raheem, alhamdulillah wa salamu
ala sayyidina muhammad wa mal wala As-salamu
alaykum wa rahmatullahi wa barakatuh.
Welcome back to our explanation of the waraqat,
alhamdulillah, a number of people reached out to
me.
I will inshallah do my best to get
this done as fast as possible, may Allah
increase us in khayr.
Reaching out to the section on naskh, naskh
means to abrogate and in the sharia context
it means that a text from the Qur
'an or a sunnah of the Prophet ﷺ
that evidences the removal of a previous ruling
coming from the Qur'an or sunnah.
So a text from the Qur'an or
something from the sunnah which evidences that a
previous ruling has been removed.
The remover is called nasekh, the removed is
called mansukh, ism fa'il, ism maf'ool.
The process is called naskh, naskh, alas one
more time, so the text or sunnah which
is the abrogator is called nasekh.
What it abrogates is called mansukh, the process
is called naskh.
I'll give you a quick example, the Prophet
ﷺ said, I previously prohibited you from visiting
the graves, indeed now visit them.
So previously for those sahaba they were not
allowed to visit graves, that was a previous
ruling.
It was abrogated with his statement, ala fa
'zurooha, now visit them.
So that statement, now visit them, is nasekh.
The previous ruling, the prohibition to go to
graves, is mansukh, the process is called naskh.
So again, the statement, ala fa'zurooha, now
go to the graves, is nasekh.
Of what?
I prohibited you from visiting graves, that's mansukh,
the process is called naskh.
We learn something about how Islamic law, especially
during the time of the Prophet ﷺ, because
there is no naskh after the Prophet ﷺ,
as we'll talk about in a second, how
it took into consideration the development of the
sahaba, uradu allahu alayhi alayhim.
Imam al-Haramayn begins his discussion by talking
about two of the linguistic meanings of naskh.
He says, wa amma al-naskhu fa ma
'naahu al-izaara.
He says naskh linguistically, ay, wa amma al
-naskhu fa ma'naahu lughatan, it's meaning linguistically
as al-izaara, to remove.
We say nasakhati al-shamsu zillah, the sun
bi-imbisatiha, the sun with its brightness remove
the shade, remove the shadow, like when you
see those slow motion videos where the sun
is coming in the shade, it's like it's
being peeled back, that's naskh, linguistically.
Waqeel, and he says waqeel, and qeel in
Islamic studies, the word qeel, the form from
qaal, qeel, ism al-ladhi lam yusamma tha
'iluhu, it's the passive, it's called sigatu tamreed,
the sick form, the weak form, meaning this
is not the stronger opinion.
When you see the word qeel, it implies
that what's coming after it is not the
rajih, is not the stronger opinion, but it
has a little, it warrants still being mentioned.
Waqeel ma'naahu al-naqlu, and it is
said that its meaning is naqal, to transfer.
Arabat al-naql is a moving truck, arabat
al-naql, move stuff around.
Here naql means what?
Nasakhtu ma fi hadhal kitaab, I took what's
in that book and put it in this
book, I copied it.
There's a big discussion about is this appropriate
or not, this usage.
Ilmul la yanfa' wa jahlul ayad.
The other meaning of naskh that the sheikh,
he doesn't mention linguistically, is al-tagheer, to
change, something's changed.
So we say like, nasakhti al-awasifu al
-reehu al-turaab, like the wind changed the
dirt.
Nasakht al-awasifu atharat daari, the strong gusting
winds changed, removed the athar, the ruins of
that abandoned home.
The strong opinion is that it means izala,
khalas.
Sheikh al-Imriti in Taseel al-Turaqati says,
an-naskhu naqlun aw izalatun kamaa, haqawhu an
ahlul-lisani fihimaa.
It's a nice poem he wrote about the
waraqat, he says, an-naskhu naqlun aw izalatun
kamaa, yaani that naskh means either naql or
izala, kamaa as it was, haqawhu related, an
ahlul-lisani.
From the scholars of Arabic language, fihimaa, that
both of them work.
But the strong opinion in this context, in
this context, is al-izala, as I heard
from my teachers, wallahu a'lam.
Then he says, rahimuhu allahu ta'ala wahadduhu.
Had means ta'rif, definition, but had linguistically
is a border.
We say, hudud al-balad, the borders of
a country.
Hudud al-wilaya, the borders of a state.
Why?
Because the job of a border is to
keep people from leaving illegally or coming in
illegally, right?
Don't want to get into that now, but
we're just using it.
In Islamic studies, normative Islamic studies, had
is used to border the mind of a
student so that when they study the definition
of something, nothing comes in, which is foreign
to the subject and nothing essential to understanding
the subject gets out.
It's like nice, right?
And the role of had, you need to
remember this, is al-tasawwuf, to allow the
student to understand what the subject is.
So he says, wahadduhu, its
definition.
Then he says, al-khitaab.
It's very important that he uses this word.
And it allows us to appreciate the intentionality
and deliberateness and carefulness of Imam al-Harami
in his choice of words.
Of course, going back to Imam al-Sharazi,
al-khitaab, ad-daalu ala raf'i al
-hukmi.
He says that naskh is, and actually, if
you pay attention, he's defining the nasikh.
This is a rhetorical use he's engaged in
now, but he says, al-khitaab.
Why does he say al-khitaab?
To show that the only thing eligible to
be an abrogator has to come from the
Quran or Sunnah.
Khitaab.
Khitaab Allah.
Khalas, ad-daalu, so see the precision of
his language.
Because sometimes people, oh, we can change this
ruling because of this.
Oh, we can, you know, get rid of
this ruling because of that.
What are you using to make naskh?
And as we'll talk about in a second,
la naskha ba'da asri Rasulullah ﷺ.
There's no naskh after the time of the
Prophet.
Why?
Because it's khitaab.
The khitaab stopped when the Prophet ﷺ passed
away, as Umm Ayman said, what makes me
sad is that revelation stopped.
When revelation stopped, there's no more naskh.
Because al-khitaab ad-daalu al-arfi al
-hukum al-thabiti bil-khitaab al-mutaqaddim.
Or kama qal.
Rahimuhullah.
Right, that naskh is a verse from the
Quran or Sunnah of the Prophet ﷺ which
evidenced the removal of a ruling from a
previous verse of the Quran or Sunnah of
the Prophet ﷺ.
So I'll define it one more time in
English.
A verse of Quran or Sunnah of the
Prophet ﷺ that evidences the removal, the abrogation
of an established ruling that came from a
khitaab from the Quran or Sunnah previously.
Previously.
Al-Amriti in al-Tasheel al-Turqat, he
says wahadduhu, right?
He says wahadduhu, wahadduhu rafu al-khitaabi al
-lahiqi.
It's nice, honey.
Wahadduhu rafu al-khitaabi al-lahiqi thubuta hu'min
bil-khitaabi sabiqi.
So lahiq is coming, sabiq came.
So lahiq is the nasikh, sabiq is the
mansukh.
Interesting, right?
But here he does a lot of stuff.
We don't have time to talk about it.
Maybe in the future we can explain al
-Tasheel al-Turqat.
But let's focus on what Imam al-Haramayn
says.
He says wahadduhu shar'an al-khitaabu addalu
ala rafi al-hukum al-thabit bil-khitaabi
al-mutaqaddim.
He said that nasikh is a communication from
Allah to the Quran or Sunnah of Sayyidina
Muhammad ﷺ that evidences the removal of a
ruling which came from a khitaab, a previous
khitaab from the Quran or Sunnah.
And here he says ala, pay attention if
you're studying this with me in Arabic.
ala If
it
wasn't for that later ruling that comes from
the Quran or Sunnah, then that first ruling
will continue.
It will continue.
It will be abrogated.
That's why some scholars, you know, al-Qari
Abu Bakr ibn Arabi says bayan intihaa al
-hukum.
It's also the definition of al-Baydawi and
Minhaj.
bayan intihaa al-hukmi al-shara'i bi
al-hukmi al-shara'i al-mutaakhir anhu.
And it clarifies it's the end of the
ruling but here ala wajhin lawlahu meaning ala
wajhin that it's nasikh and mansukh.
And it came after.
This also means it's not taqsis because according
to the majority of usuliyyin except for the
Hanafis, taqsis can happen before or after the
ruling.
The Hanafis say it has to be at
the same time in usul al-shashi.
But the majority of ahl al-sunnah say
al-mukhassis can come before the ruling or
after the ruling.
That means it's not ala wajhin lawlahu or
it's not a ruling which is mu'allal.
Like it's conditioned on something.
So like allah s.w.t says, you
know, wa-itha halaltum fastaadu wa-hurimata alaykumu
sayyidu al-barri madumtum hurma You know like
you are not allowed to hunt while you're
in a state of ihram.
wa-itha halaltum fastaadu But when you get
rid of ihram now go and hunt.
Does that mean now the first one that
says wa-hurimata alaykumu sayyidu al-barri madumtum
hurma does that mean that that's mansukh?
No it's not mansukh.
It's mu'allal.
It's conditioned.
When you get out of ihram you can
hunt.
But if you go back into ihram later
on what that ruling comes back.
That's different than naskh.
Naskh is the removal of the ruling.
So when he says ala wajhin lawlahu it
has to be in a way that without
it then that first ruling is going to
continue.
It's going to continue either because it's taqsis
am.
It's going to continue because it's taqeed al
-mutlaq.
Or it's going to continue because it's mu
'allal.
Like the example I just gave you.
You know when you are in a state
of ihram you're forbidden to hunt.
When you break away from ihram hunt.
That's not nasikh and mansukh.
That's mu'allal.
That's mu'allal.
Fasa'u ila dhikri ilahi wadhalu bay'a
When the time for jumu'ah comes Raise
to Allah's remembrance and stop selling things.
Then Allah says when the prayer is over
Then go and get back to business.
Does that mean the first one is not
nasikh?
No it's related to the timing of prayer
when the ending of prayer happens.
So that's not nasikh.
So it's not taqsis al-am.
It's not ta'mim al-khas.
It's not taqeed al-mutlaq.
It's not ta'tliq al-muqayyad.
It's rath al-hukum.
The hukum is gone.
For example Don't come to prayer while you're
drunk.
It's done.
There's no more conditional drinking.
There's no more this time that time that
time.
Done.
That's different than if you're selling before jumu
'ah then you stop for jumu'ah then
after jumu'ah you can sell again.
That's different than when you go to ihram
you can't hunt and when you stop ihram
you can hunt again.
That's not nasikh.
You understand here?
Don't come close to your wives until they
purify themselves.
It's not nasikh.
So that's why he says ala wajhin lawla
There's other things too.
Why does he say khitab?
That it the first what is abrogated also
is related to khitab to show there's a
ruling there.
Because if there was no ruling there before
then there's no nasikh.
Like pay attention to what I'm saying.
If there was never a mansukh then there
would never be a nasikh.
Because it would be a baraa'at al
-asliyya which is the foundation of everything.
When there's no ruling it's understood that it's
permissible.
So when he says al-khitab al-khitab
al-khitab al-khitab for the nasikh and
the mansukh this is very important.
That's why I said earlier pay attention to
the precision of his language.
So to summarize what does he say?
He says Khalas we talked about that.
He says that it
is a communication to the Qur'an or
the sunnah of the Prophet ﷺ about the
removal of al-hukmi al-thabiti an established
ruling al-khitab al-khitab al-khitab al
-khitab al-khitab al-khitab al-khitab by
a previous communication from Qur'an or sunnah.
So al-khitab al-khitab in the proper
way so it's not taqsis it's not taqid
it's not tatliq not ta'mim because
if it wasn't this way al-hukm then
it means that the original ruling is going
to be conditioned it's not going to be
mansukh it's going to be restricted it's not
going to be mansukh it's going to be
limited it's not going to be mansukh but
this is a rough rule we also
said the reason he keeps saying al-khitab
al-khitab al-khitab to show that it's
not about hawa but also to show that
there is an original ruling there is something
which is eligible to be mansukh which is
of course taqitab al-awwal which implies that
it's not which implies that there was a
ruling if there wasn't a ruling then that
the nasikh will actually be the first ruling
right so alhamdulillah we started now this discussion
on and next time we're going to talk
more about