Suhaib Webb – Usul al Fiqh (Lesson Seventeen) The Prohibitions (Part Two)
AI: Summary ©
The speakers discuss the definition of prohibitions and how they can be addressed, including words like "will" and "will" in the context of worship. They also touch on the difference between "will" and "will" in terms of worship, with "will" referring to an act of worship and "will" referring to something which is not necessarily a union or business engagement. The speakers also mention the importance of praying during war, citing examples such as Bay Al Hasa's statement on Sundays and the church's guidance. They stress the significance of "naive" in the context of hesitation and hesitation.
AI: Summary ©
Welcome back to our readings of
Al Warakat
of Saydna Imam Al Haramain Aljuwani
Rahimohullah.
Alhamdulillah we started now our discussion on Al
Nahi. We said Al Nahi means prohibitions,
Alhamdulillah,
and we went through that definition that Imam
Al Haramain provided. We unpacked it a little
when he said,
He said
that it is the command to avoid something,
to stop something, to completely stay away from
it. Not to stop, to avoid completely, to
abandon.
Bilqaw
with an expression,
mi menhuadoonahu,
from one in authority to one less in
authority. We talked about how this is related
to the Martezilites,
we should stay away from it.
However, I wanna give you an easier definition.
And remember this, where ever you find the
Martezilites
you find,
unnecessary
difficulties,
unnecessary complications.
The simple definition is provided by the teacher
of our teachers,
Sheik Abunur Zuhair Amaliki,
who says
That's it.
And I talked about in commands how I
prefer
is
a a statement which
is a command to leave something, to abandon
something, to avoid something completely.
Notice he said mutlakan.
In in in the commands we don't say
a mutlakan, But here we say muthlakan, you're
going to see why in a minute insha
Allah. Let's talk around
3 or 4 issues related to prohibitions. There's
more, and I'm going to keep this as
simple as I can be, the lahitara.
The first is, anehiyu
yufidu
atarim.
That a prohibition
implies something is forbidden.
A prohibition
implies something is forbidden unless there is
prohibition is like
karaha disliked,
not not tahrim,
but the 'asl
is an nahiwufiroat
tahrim.
What's the evidence for this?
Allah says, waamanaha kumaanhu
fantahu surtashr
Allah is talking about Sayyidina Nabi sallallahu alaihi
wa sallam and says what the prophet has
prohibited for you, fantahu,
don't do it, you must not do it.
So the prohibition of the prophet
is turned into a command from Allah for
us to
obey the prophet in those prohibitions.
Sallallahu
alaihi wasallam. The prophet wasallam,
this applies also of course to the Quran,
but this just this is one example out
of many.
The second issue related to anahi is anahi
yufidu
ata karaora
olefawor.
You may recall that when we talked about
commands, there was this discussion about does a
command imply that it has to meet
that it has to be done more than
once? Taqrar.
Does a command imply that it has to
be done immediately? We talked about how al
amro al moklaq,
that a general command, which is not contextualized
to repetition or immediacy,
is considered free of that, like you don't
have to do it all the time, you
know, you only have to do it once.
That's the difference of opinion around Hajj,
for example.
But prohibitions, remember this, just remember this, they're
the opposite of commands.
Annahhi wa'ksal amri fil fawri wa' takrari.
Khalas.
That prohibitions
are the opposite, meaning that prohibitions I have
to observe them immediately
and I have to constantly observe
not
engaging in the prohibited.
Because there's a difference between fe'l, a shei,
wad, and fe'l shei.
This is a long discussion, we don't want
to open it up now, but,
you know, to perform an act requires conditions,
requires a setting, requires certain things,
but to not do something largely doesn't have
that component to
it. That takes us to another discussion
that I heard from Sheikh Mohammed Al Hassan,
and that is that,
Al Nahi
La Yiftaqiro
ilaniyah, Alhamdulillah we don't have to make intention
for not doing the evil.
Not doing it is enough. Alhamdulillahi rabbilah. Imagine
if Allah Subhanahu Wa Ta'ala commanded that for
all of the Haram we don't do, we
have to have niyyah for it to be
accepted that we didn't do it. Habim be
like, subhanAllah man, it would be very difficult.
The the 4th issue, so now we talked
about 3 things, right?
Right?
The 4th thing now, this is very important,
you need to pay attention and this is
where Imam Haramin, he says, wahuwa
aan nahu wa nahu yufid
al fasadfilibadatumuamalat.
Saidi Imam al Haramini, he says that a
nahiw, a prohibition, implies that an act of
worship
is corrupt
or an engagement, a business engagement of some
course,
some sort,
is corrupt.
Fassid,
when it comes to the idea of fassid
that means 2 things, in the context of
worship it means al Muathakashara
according to the Jumhur of the Motekalimin,
the majority of the scholars of usulufik from
the Madiki school, the Sheifi school, and Hanbali
school,
when we say an act of worship is
fasid, this is different than Hanafis by the
way,
The fuaha,
this implies that it is not Sharia compliant.
I can give you a few examples,
we have a number of really passionate, dedicated
sisters here in North America. They have a
lot of love for Allah, a lot of
love for the prophet sallallahu alaihi wasallam, a
lot of love for Khayr,
So much so that some of them they
said in the month of Ramadan, even when
they're they're menstruating they're going to fast.
This is fasid.
This is fasid,
and they're going to pray. This is Fassid.
Why? Because we are prohibited
in the hadith of Sayed Aisha and the
actions of the early muslimat,
that women were prohibited from praying and fasting
while they were on their minis.
And sometimes love and passion can be a
problem. Wa'asa and tuhiboshaa'awahuasha'walaqum,
Allahu You Alemoo wa'intumulata'alaimun.
Perhaps you love something that's bad for you,
Allah knows that you don't know.
Another example, when I embraced Islam early on,
my mother said to me, why don't you
pray Jummah on Sundays?
We could pray Jummah on Sundays, but would
it be Maqbura? No, it will be Farsida,
because it's done in a way, which is
prohibited
by the Sharia.
So this is very important,
so,
the warqaat doesn't open this up the way
that imam alabirdawi
and al minhaj minhaj wosoo ila enemy osool
He opens this issue.
And that is
he says I'm going to quote the as
best I can. He says
Remember, this is very important. Three things here.
When we say that the the mua'amala,
the engagement is fasid,
that implies
in one of the following areas. Number 1,
the actual contract
in the contract itself.
Number 2,
something that I've introduced into the contract, or
number 3, something which is
an outcome of the contract. It has to
happen.
Let me give some examples and actually al
Badawi mentions 3,
So I'll use those. He said number 1,
for example Bay Al Hasa. Bay Al Hasa
was in the time of Jahiliyyah.
People would take,
a handful of stones. There's different iterations of
this. I'm gonna give you the easiest one.
And they would say say you you wanted
to buy a car for me. So I
would say, okay, the price is gonna be,
I'm gonna pick up a handful of stones
and throw them, and however many of the
stones stay on the car, you had to
pay me $2,000 for each stone.
The prophet sallallahu alaihi wa sallam and Sahih
Muslim, he forbade this because this is form
of guharah,
ihtimal.
This is a like a form of getting
into something and buying something without the price
being clear.
That's
nasir aqad.
You write
it. The second audakilafihi,
for example, bey'ol malakih
to sell what's in the wombs.
I'm going to sell you what's in the
womb of my sheep or my donkey or
my goat.
The third, lazimalahu,
for example riba.
Riba. So here are these examples
of
in the
number 1,
number 2,
number 3,
Before I move on to the last point,
I want you to memorize if you can
the statement of imam al Baydawi
when he's talking about al fasad
Imam Al Haramain says
Al Fazad.
Imam Al Baydawi says something nice. He
says
It's actually a really good statement.
The
one of my teachers said
life is very nice. What does that mean?
It means that whatever Allah has prohibited,
he's not gonna command us to do it.
So for example,
fasting, someone's on their menstrual cycle,
praying when someone doesn't have tahara, making Hajj
outside of the sacred times,
praying Jummah on Sunday, Allah
prohibited that so why would he order it?
It doesn't make any sense.
The last is that
we said earlier, anayuhyufid
attahrim.
That a prohibition implies
something
is forbidden. That's hakheikatan.
That is the literal sense.
But when it comes to the figurative, and
I didn't tell you this, but actually the
number of meanings associated with commands is 21.
Only gave you 7, man.
We don't have time to do that now,
child of the future.
But when it comes to the prohibitions,
there are also certain figurative
meanings associated to Al Nahi.
For example,
Al Irshad,
Allah
sometimes
prohibits things from us, but it's not in
a sense of it being forbidden, but out
of a sense of guidance.
Allah
says,
Don't ask about things they've made known to
you, they will harm you.
Another is karaha.
Something could be disliked, so it's not prohibited,
but it's disliked.
Number 3 is dua
Oh our lord,
do not cause our hearts to swerve. Please
do not cause our hearts to swerve. This
is dua.
The 4th,
Al Aqiba,
Don't assume that the outcome of those who
died.
That's the meaning here.
Don't assume that.
In the cause of Allah that they're dead
but ahiya
they are being provided for they are alive.
And finally aliyas
to despair, Allah says
Oh, disbelievers, it's hard to translate this actually
in English.
Idea is like, don't make any excuses for
yourself, like, halas is done, man. Day of
judgment is done.
Yes, halas give up,
it's finished.
So alhamdulillah we have a few other things
we could talk about,
We didn't talk about it now although it's
in the text. Next time inshallah we're
going to talk about
Alamwalhas.
A Alamwalmukhasis.
For BarakAllahu Faikum, we're almost halfway done with
the text for Jazakamalahu
Khayran.