Suhaib Webb – Usul al-Fiqh Lesson Forty Nine – Ijma
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The speakers discuss the history and importance of shrooming al-shroom in the Islamic legal system. They stress the need for careful analysis in shrooming and the importance of finding out who is born during their lifetime to avoid confusion. They also mention the need for clear understanding of events leading up to the election and the importance of analyzing hadiths and statement of the Prophet.
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Bismillah ar-Rahman ar-Raheem, alhamdulillahi rabbil alameen,
wa salallahu wa sallamu ala Sayyidina Muhammad, khataman
anbiya'i wal mursaleen, ala aalihi wa sahbatihi
ajma'een, rabbish rahi sadri, wa sirri amri,
wa ahlul uqratan min lisani, yafqahu qawli.
Welcome back to the explanation of al-waraqat
alhamdulillah here.
We reach the section now on al-ijma
'a, qara rahimuhu la baab al-ijma'i,
nafana allahu ta'ala bi ilmihi fi darayni
amin, qala wa amma al-ijma'u, it
says as for ijma'a, which is a
binding consensus, as will be defined shortly.
Sheikh Mhali says, fahu tharithu al-adillat al
-shariyyati al-arba'a, that this is the
third of the four foundational shari'a evidences,
Quran, sunnah, the third ijma'a, and the
fourth qiyas.
This is agreed upon upon ahlul sunnah.
There's no one from ahlul sunnah who said
that the only evidences are Quran and sunnah.
They never said that.
Al-kitab, sunnah, ijma'a, qiyas.
Qala fahu tharithu al-adillat al-shariyyati al
-arba'a a'anni, nafana allahu ta'ala
bi al-kitab, sunnah, ijma'a, and qiyas.
Everything that I just said to you in
English, Sheikh Mhali is saying it much better
than I can say it.
Wa huwa al-ijma'a, that ijma'a,
lughatan, according to the language, is al-azmu,
determination.
Kama fi qawrihi ta'ala wa ajmi'u
amrakum, so to Yunus verse number 71.
Then you know, be determined and you are
fair.
Wa amma fi istilahi fa huwa ittifaqu ulama
al-asri ala huqmi al-hadithah, then he
defines it according to the science, the discipline
of usul al-fiqh, he says it is
the concurrence, the agreement of scholars, ayy al
-fuqaha, scholars of fiqh, in a given era.
A'la upon huqmi al-hadithah, al-shari
'a, huqm al-shari'a al-hadithah, that
they agree on a shari'a ruling that's
taking place currently in their situation.
So there's no ijma'a on like lugha,
no ijma'a on anything except al-huqm
al-shari'a, it's very important.
Imam al-Haramayn says, wa na'ni bi
'l-ulamai al-fuqaha, what do I mean
when I say al-ulama, I mean the
ulama of fiqh, he doesn't mean here fuqaha,
meaning the Hanafis, he means all of those
scholars of Islamic law, wa na'ni bi
'l-hadithah, and what we meant by al
-hadithah, al-hadithah means something, al-hadith in
theology is something that's temporary, so al-hadithah
is something that's happening at this moment, al
-hadithah al-shari'a, as I mentioned earlier
that it's a shari'a related issue.
Then he mentions some important axioms around al
-ijma'a that help us understanding its application,
examples of ijma'a are the ijma'a
of the tadreeb of the mushaf from Fatihaat
an-Nas, there's ijma'a on this.
وإجمع هذه الأمة حجة دون غيرها And that
ijma'a, that ijma'a, when the ummah
of Muhammad ﷺ, the fuqaha of this ummah
concur on a ruling, it's a hujjah, and
this is one of the special characteristics that
Allah ﷻ has bestowed upon this blessed ummah,
not other ummah, that's why he says دون
غيرها, not other ummahs, other ummahs they didn't
have this hujjah when it came to issues
of shari'a.
يقوله ﷺ لا تجتمع أمتي على الضلالة The
hadith of the Prophet ﷺ that my community
will not agree upon, misguidance, related by Sayyidina
Imam al-Tirmidhi, in his section on al
-Fitn, our teachers used to say من كان
في بيته سنن ترمذي فكأن نبي في بيتي
Whoever has the sunan of Imam Tirmidhi in
their house, it's like the Prophet ﷺ is
in their house.
والشرع ورد بعسمة هذه الأمة And the shari
'a mentions that when it comes to these
kinds of concurrences, that this ummah is protected,
what's called اسمة الصغرى اسمة الكبرى للأنبياء وأما
اسمة الصغرى فلي أمتي محمد ﷺ والإجماع حجة
على العصر الثاني So once there's an ijma'
that happens, the next era that comes after
it, of scholars, it's a proof, it's an
evidence في أي عصر كان Or any concurrent
epic of scholars, so if there's an ijma'
from that point on it's a hujjah that
hukm is a hujjah However, we have to
be careful, since the outcome of ijma' is
a proof And I heard this from scholars
and Shaykh Yusuf Qaradawi, he writes about this
also الإجماع متيقن An ijma' which we can
have conviction in, so that means as there
is an analysis of hadith, statements of the
Prophet ﷺ that allow those hadith to be
admissible for proof, then the same thing also
has to be done with ijma' Because often
times we find people saying there's ijma' on
this, ijma' on that, ijma' on this To
sort of like gaslight people or to try
to shut discussion down But if we research
carefully, find where did that ijma' happen Al
-Safarini Al-Hanbari, I believe he said it,
this is a hyperbole, but he said like
I came across like 100,000 times people
said ijma' and only like a very small
percentage of it was ijma' So الإجماع متيقن,
we'll talk about that in future books, the
same sort of analysis and examination that we
find in other sources of sharia that make
them eligible to be admissible for proof has
to also be applied to ijma' القول بالإجماع
ليس بالدليل ليس الدليلا بنفسه Just because someone
says something is ijma' that's not the evidence,
we have to then investigate and make sure
is this really an ijma' وَلَا يُشْتَرَتُ إِنْ
قِرَادُ الْعَصْرِ عَلَى الصَّحِيحِ And for the ijma'
to happen it doesn't mean that all the
scholars of that time have died If it's
known that the scholars agreed on something, خلاص
فَإِنْ قُلْنَا إِنَّ اَنْ قِرَادَ الْعَصْرِ شَرْطٌ فِيُعْتَبَرْ
قَوْلُ مَنْ وَلَدَ فِي حَيَاتِهِمْ وَتَفَقَّهَا وَصَارَ مَا
أَهْلَ الْإِجْتِيهَادِ فَلَا هُمْ أَيْهَا أُولَٰى الَّذِينَ أَجْمَعُوا
عَلَى الْحُكْمِ أَنْ يَرْجِعُوا أَنْ ذَلِكَ الْحُكْمِ So
he said if we were to say yes
that that time has to have expired, that
era has to have expired, and all the
people have to have died for the ijma'
to happen then that means also that anyone
who's born during their lifetime and becomes a
scholar of ijtihad and that person has their
own ijtihad then that would undermine that ijma'
so he's saying like that's why this is
not possible, this is not a condition once
the ijma' has happened it's ijma' khalas and
then those scholars who had ijma' before فَلَا
هُمْ أَنْ يَرْجِعُوا أَنْ ذَلِكَ الْحُكْمِ then they
would have to recant their initial position so
he's trying to show you like this is
not possible وَالإِجْمَعُ يَسِّحُوا بِقَوْلِهِمْ an ijma' is
made sound by the statements of scholars, the
communication of scholars وَبِفَعْلِهِمْ and their actions وَيَسِّحُوا
بِقَوْلِ البَعْضِ وَبِفَعْلِ البَعْضِ وَانْتِشَارِ ذَلِكَ and also
it's sound if some people mentioned it as
an opinion through their writings or their words
or their teachings and if others they didn't
vocalize support for it but they acted on
it then that also counts as ijma' وَالسُّقُوْتِ
الْبَاقِينِ and if the others were silent so
it's called ijma' al-sukuti so some said
it, some did it, others didn't say something
that would go against what we're seeing then
that's called ijma' al-sukuti so ijma' qawli,
ijma' which is expressed, or ijma' al-sukuti
and ijma' bil-fi'l, like the people
of Medina not everybody mentions certain things like
not saying Bismillah ar-Rahman ar-Rahim in
salah but people practice that so ijma' bil
-qawl, ijma' bil-fi'l then ijma' what's
called ijma' al-sukuti, ijma' bil-sukuti so
an ijma' related to communication, an ijma' related
to actions ijma' related to silence in the
face of actions and statements JazakumAllahu Khayran, BarakAllahu
Feekum, Wa Salaamu Alaykum