Suhaib Webb – Usul al Fiqh Lesson Nine Usul alFiqh (laqabi) & Its Applications

This has a history with me, Alhamdulillah, this

text.

That I'll explain hopefully in the future, but

welcome. I hope you're doing great. Insha'Allah, safe

and sound and your families

and your loved ones are doing well.

So he says,

There's a few points that need to be

made here.

Number 1 is, the turuk

is very different than, for example, if you're

in Al Azhar now studying, you know that

if you're not Hanafi, the Maqkar is Al

Minhaj of Sayna Imam Al Qadi Al Baydawi

with the explanation of Sayna Imam al Isnaawi

al Shafi'i Rahimu Allah.

And we know that Imam Abu Baidawi and

other scholars of Usulufirq, they say

Right? That usurufakk is knowing

the dalail

in a general way.

Imam Al Asnawi

offers important criticism that shows us the genius

of Abu Ishaq al Shirazi and Imam Al

Haramin.

And the

the

incredible depth of the Arabic language they possess

their knowledge

of

it. That they didn't say

they said Okay. Why? Because the word daleel

according to the majority of the Usuleen, as

I heard from doctor Abdul Salam Alatiyaq al

Azharri

who taught us in the quality of sharia,

is that

the word daleel or adillah

means according to the scholars of Usul of

Firth, the majority

something which is definitive.

So if

he would have contradicted what he said earlier

when he said that

That firk is the process of extracting rulings

with ishtihad.

Because ishtihad is not something which is definitive.

Right? It is a process which is based

on like,

negotiation,

right?

And engagement and research and theory.

So

ishtihad

means

text or no text,

scholarship,

outcome.

That scholarship process

makes this not

completely sacred.

The process is sacred, but the outcome is

negotiable. Meaning you don't have to, I don't

have to agree. You don't have to agree

with someone if it's based on istihad, if

we follow someone else's istihad who is credible.

So here we

see,

The second

is that he does not condition

He doesn't say

He

says,

That is

the

And that's very, very profound as I heard

from one of my teachers because

the other scholars, some of them say,

to know. So that means that the usula

are predicated on us knowing them.

But Sayna Imam Al Haramain and the majority

of Usuli'in from, Al Mutakalimin, they say, la,

la,

la, la.

Usur Al Fakk is here whether people know

it or not. And that means that, masha'Allah,

the responsibility

of learning and employing these

Masuliatun

Umayyah right is irresponsible of the Ummah of

the Prophet Sallallahu Alaihi Wasallam Fa'aina manuhamilhadihil

Usulah

Who's the person that's going to engage and

utilize these usula until the end of time?

And we'll talk about this more towards the

end of the text when we talk about

are there any more Mujtahids left?

You know, sometimes we hear people irresponsibly say,

there's no scholars, there's no ishtiha, there's no

Mujtahids.

Khalas, and there's no deen.

So Imam Al Haramain

Rahimu Hola, he says,

like my janky readers,

means that there is a general recognition of

what these

non definitive and definitive

evidences are.

That's why Sayyidina Imam al Hatab, he says,

what?

The statement of imam al Haramay. And then

between what and usul is a statement of

al haqqab

which you find in this book.

Right?

These are the ways that are gonna lead

you to

What does he mean by

In a general way. Then he gives examples,

You know for example, is a command.

There are 8 opinions amongst the Usuli'im.

Ijma'ad to know this. It's like general, you

know this.

Right?

It's like a general kind of thing.

What does the action of the Prophet mean?

There's tashriya,

gairo tashriya, it's more aqada, it's not more

and so on and so

forth.

Walhas walmujmal

walamwalkhas.

Right? Universal text, specific text, walmujmal, ambiguous text

like

biadihi,

So so like these kind of things are

gonna fall under like a general knowledge, not

specific. The amr means this, the nahi means

this, the action of the prophet means this,

qiyas means this, ijmaj means this. That's different

than Ara Sabir tafsir.

Ara Sabir tafsir specifically is fiqh.

As I said earlier, then Imam Al Habab

says like, does does a command mean that

it's an obligation?

Does a prohibition mean that it is forbidden?

And then there's this general kind of engagement,

are the rest of these things proof or

not like the actions of the people of

Madina? We'll talk about it in the future.

Will talk about it in the future. Will

talk about

in the future, and so on and so

forth.

And

more things to come, Al Haqqab says. Then

here Al Haqqab says something important. The difference

between

And he said,

is different than fiqh

because the tawrq of fiqh are specific to

actions

and situations,

and they come with descriptions,

right, that cause you to arrive to certain

conclusions.

And that is that the tariq,

right, the methods of fiqh,

the evidences and so on and so forth

of fiqh lead to specific

actions,

specific situations.

And those turuk

guide us to the ruling of that specific

situation. So was dealing with the text,

the evidences,

whether definitive

or not definitive, whether textual

or not specifically textual

where

is

The specific issue. So

he gives a few examples.

So fiqh is going to be something which

is

clearly coming from a text without

or there's ishihad involved or there is,

something which is going on between the intellect

of the scholar, the issue and the texts.

Allah says establish

The al Suri is gonna look at

Right? This text means obligation. The Fakkir is

gonna say this text

is

proof that establishing

prayer is an obligation and somebody who doesn't

do it makes himself eligible for punishment, and

someone who does makes himself eligible for reward.

Right? This means this this is a nahi.

The faqir is gonna say this is a

text which shows the act of adultery is

forbidden and makes someone eligible for *, and

someone who leaves it, inshallah, will be rewarded.

The prophet is praying in the Kaaba. Is

it Mu'akada? Is it

Nadab, Skarav Firkh is gonna say this is

this kind of sunnah this kind of sunnah

blah blah blah blah. Details.

There's a consensus

that the daughter of someone's son gets a

6th

if the deceased daughter is still there without

the asab,

So they're gonna say,

you feed

you feed.

There's ijma on this, so that means,

according to Osuli, this evidence means obligatory.

The Faqid is gonna say as it explained

here,

Right. So rice and bhur, there's kliya that

they are what?

So

that rice

and burr are the same.

You feed

according to the one who's making whatever he

concludes.

Permissibility,

not permissibility, whatever.

But the

is going to go into detail on the

issue.

So it's like these are specific evidences that

he gave.

Right? The actual specifics of the evidence, you're

not gonna find in Usur Ufil. The sources

of the evidence, you're gonna find in the

books of Usur Ufil.

So he's modeling these deep discussions in the

hamash here

are firk.

The understanding what I wrote on the side

of them from doctor Abdul Salam Al Atiq

is

also

How do you how do you understand these

evidence to be employed? Does

Does to do, wajib not to do?

And then he says,

after this, and

what are the qualifications of the person?

How do you seek

these things for evidences?

How do you

Baidawi says,

How do you benefit from the meaning istila?

So I have issues in my mind and

I need to use these evidences. How do

I use them

to come to a proper conclusion? How do

I use istila to come to the daleel?

And then the last part is Halal Mustafi.

What are the qualifications

of the person who can do that? That's

what we're gonna talk about for the rest

of the book.