Suhaib Webb – Usul al Fiqh Lesson Six Usul alFiqh’s Definition of Shari’ah Rulings
AI: Summary ©
The title "medestones" is a science and has multiple rulings, including impossible to read due to the length of the text. The term "by" refers to actions, while "byol" refers to words like "naught" and "naught." The importance of understanding the meaning of "by" and "byol" is emphasized, as it is not a rule. The title is discussed in relation to the use of words like "medestones" and "medestones."
AI: Summary ©
This journey through the subject of Usuluthuk
with Sayna Imam Al Haramain
And alhamdulillah, we have now moved on from
the initial
introduction of the book which identifies Usul al
Firk bi Mufradayi
with its two words, Usul and Firk.
And now we're going to move on to
one of the important subject matters of
the science,
and he says
He says the rulings are 7.
Right? It's a broken plural, it means rulings.
And it's understood here that Talsifa is Mahadova,
that what type of akem is understood because
of the siyaq of the nafs,
because of the context of the text. 8
al akhim
a sharia.
These sharia rulings are 7.
You may, if you're familiar with the writings
of Saydina
Imam Al Haramain Al Tulkis
or Al Moran,
he noted over there that he takes the
opinion of the majority
of the scholars of Usul and Fiqh, and
he says, well,
that the rulings are 5. Why
here in
is he
saying
or 7?
Remember,
this is very very important insha'Allah
that I mentioned to you that al Waraqat
actually is a summary
of a luma of Sayyidina Abu Ishaqashirazi.
Imam Abu Ishaqashirazi,
one of the great, great early writers in
Aluma,
he says.
So, Imam Al Haramain
Right? He wrote this book just to make
it easy for people to start
an introduction to this subject. That's why Al
Waraqat,
in the Mahtut version, like the handwritten copies
of Al Warqaat,
it doesn't reach more than 10 pages.
Imam Umali
said that Imam Al Khattab,
the explanations on the War Raqqat don't reach
more than 40 to 50 pages.
SubhanAllah,
you see, for example, Sheikh Atimusani
Hayatul Muram,
his explanation of the War Raqqat is a
meta explanation, it reaches like 3 volumes.
So, it tells you like there's a lot
here to unpack,
but the point is that Sayna, Imam Al
Haramain,
was trying to make it easy
and
simplify
things for people.
Nafanallahu
ta'ala bi ammihee fidaaraini
wal akhamu
saba'atun
He says the akham are saba.
Here, al akham,
we understand
that its adjective is hidden, it's understood,
a Al Hakam Sharia.
So the rulings of Sharia,
Saba, or 7.
The word akem is from a word which
means to stop,
mana.
That's why one of the old poems says,
Oh, tribe of
Hanifa, shall I not stop?
Akhimu
aamnaussufah
aku, the the the ignorant people amongst you,
the unruly people amongst you.
Because the ruling, it stops something.
That's why when you're looking for adjudication, you
go to the Hakim,
the hakim,
the judge.
You go to the Hakim in the old
days if you're sick, because he can stop
all the, like, what's going on with this
person, what's the real illness.
And that's why it's called Hikma,
wisdom,
because it stops a person from acting
in an ignorant way.
We've already talked about what al aqah means,
according to fiqh and also al Aqah, so
we're going to continue now Masha'Allah with the
Sheikh.
What does he say?
Walmahdurwalmakruwal
sahi
walbatiel.
The sheikh, he mentions the following rulings. He
says the rulings of Sharia are 7: Al
Wajib,
which means
mandatory,
recommended
a almandubilay,
permissible,
walmahdur,
forbidden,
walmakru,
disliked,
wassahih,
sound,
walbatil,
and batil here means that it has been
rendered invalid, because something in the beginning,
for example, if I didn't make an woldhu
and pray, that would be Baldu.
There are a few points here that I
need to make before we jump into this
discussion, and that is
that if you pay attention, Imam Al Haramain
is actually
using the terminology of the fuqaha.
The word wejab
wajib
is describing an act,
a taluk,
how
the ruling
right?
The presence of the ruling.
But the terminology
of the scholars of Osulufic
is different, because their terminology doesn't describe the
act,
it describes the text.
So I need you to write this down
if you're following this class with me because
this is very very important.
And the reason that Imam Al Haramain does
this again is to make it easy for
people and also this is the same
process we find
in al luma
of Shaykhina
or Imam al Shirazi
al Ustadh
So what is the terminology
of the fuqah of the Usuli'yun?
It should go like this,
wal akemoo
saba
Not alwajib.
Aljib.
Ehaban Nos,
ijab,
obligation.
Not obligatory?
Obligation.
Manduub.
Recommendation?
Not recommended.
Sohuna
anedeb.
And nadeb,
not Mandub,
and nadeb.
So Ijab
and nadeb.
So permissibility.
Meaning that it is forbidden.
So not disliked,
but the text itself,
is showing something is,
think of a good word to describe this
as repugnant.
So repugnance.
Walsahi
Sound.
Walbatil?
No.
Imam Sayna Al Khattab
Al Maliki says,
firk is to know
That's
Fiqh.
It is the ability to recognize the texts
that carry that meaning, To recognize this text
means Ijab,
this text means,
kiraha, this text means, anedab, this text means
haver.
So if you think about it, the science
of a fiqh is the talukh
of the ruling.
How that specific ruling,
the presence of that specific ruling in the
actions of people.
So that's why, mashaAllah, my notes are
Filk is to recognize the ruling when it's
happening in an action.
Is to recognize how this action came into
play,
and how this action is applied,
and how this ruling, excuse me, came into
play, and how this ruling should be applied,
and who is qualified to apply the ruling.
So number 1, Ma'arifat al Nas
recognized in the texts.
Number 2, Ma'arifat istiferetinafs
how to benefit from the text.
Number 3,
and you feed a ness.
So the third part is,
who qualifies?
So, Usolo Filk is the how,
and Filk is the what.
So we understand something else, Usolo Filk is
very general,
is very particular.
So is founded on general
things, it's very important, it's gonna come back
to you later,
when we review the second way of defining
when we mention what Sayyidina Imam Al Bayadaw
says,
and Filk, MashaAllah, it's going to come as
we teach Inshallah the furooah.
So the sheikh, he says, walakamu
sabah,
wulfil haqika
hadaverosahi,
and the Jomhura ulama.
Actually, this is not correct, and the majority
of the ulama are gonna say, Well, Akaamu
Khamsa.
But Insha'Allah, we're gonna run with the logic
of the Sheikh Alhamdulillah
so we can benefit from it Insha'Allah.
Remember, and I had this question in my
exam in Uso Lufiqh,
what is the
correct
wal kiraha,
walhadru,
walibaha.
That's that's the terminology we wanna think about
in.
These words in the are
talking about a text.
And so on, they're talking about an the
action.
So the function of the scholars of fiqh
is actions,
the taluk.
The function of the is to recognize text,
the meanings of the text, the application of
the text,
and who qualifies to use those texts.
Then he says,
He says that a wajib is something that
if you do it, you'll be rewarded. If
you don't do it, you'll be punished. There's
a lot of discussion about this issue
and some critical
analysis of what he's saying, but again, that's
not the purpose of his book. His purpose
is just to introduce
a topic. If we want to say it
from the
perspective
of
We're gonna talk about this soon. The word
ijab is synonymous with the order to do
something.
So Ijab means an order which is definitive.
I have no choice. Akeem salah,
establish salah,
and so on and so forth.
The second,
after Wajib,
is an nadab.
Anadabhuwaamrun
is a command which is not definitive, meaning
that a person has a choice
to do it
or not do it. So Ijab,
Usul Al Fakk, absolute command.
Al Nadab,
non absolute command, to do. Both of them
to do, to do.
Walmakru, of course, is an action which is
disliked.
Walmubah
means
something for which there is no order to
do
So
means that there is no command,
to do or not to do,
whether definitive or recommended. So now you understand
something very important.
Now this axiom becomes clear that the essence
of all actions for which there is no
text, the origin is to be
Because that is something for which the Sharia
did not address.
That's why we have to be very, very
careful of the sloppy,
you know, when people say, well, the prophet
didn't do it, the sahaba didn't do it,
asafo nah, they didn't do it.
The absence of an action does not
necessarily,
mean there's a ruling.
So, here we see people have everything flipped
upside down.
So they'll ask you, is this thing
halal?
No, no, the question should be, is this
thing haram? Because the foundation is permissibility.
Allah Allah created everything for you.
So mandub is an act for which a
person has a
choice.
And again, the axiom of the majority of
the scholars,
Sheikh Imam Al Khattab is gonna mention later
that the origin of any action for which
the Sharia has not addressed,
or the prophet
has not engaged in, the foundational
default is that it is permissibility.
Unless
there are some contexts added to it that
shows us that it's not allowed
or that
it is Haram. We'll talk about it in
the future. An example is when the Prophet
was presented, the lizard,
in the house of
Sayyidina
Maimuna,
Prophet he didn't want to eat it because
that type of lizard was not known to
the people of Hejaz, it wasn't part of
their cuisine, it was especially the Bedouins, they
used to eat it because
they could store it for a long time
and it provided a lot
of carbohydrates
and protein.
But he didn't eat it, but the people
ate it.
So, subhanAllah,
if the prophet not doing something met hormah,
they wouldn't have eaten it.
SubhanAllah.
So Sayyidina Rasulalahu Wa
Salamah,
he didn't do it.
This is very, very important.
And also the hadith of Sayda Aisha
as related by Sayda Imam Malik and the
Muwata and Sayda Imam Muslim,
the prophet said,
hadith qaumuk, if it wasn't that your people
just became Muslim,
I will order the Kaaba to be destroyed
and rebuilt on the foundations of Ibrahim.
But after him, even though he left it,
people came after him
and did it.
They rebuilt the Kaaba,
Abdullah ibn Zubair, on the foundations of Ibrahim.
So just because the Prophet didn't do it
does not mean
that it is
immediately understood
to be forbidden.
In the future we're gonna teach this Qaida,
this axiom, in detail.
So the third,
and
honestly,
permissibility
is the majority of the rulings.
An immutable command to stay away from something.
Which
means
which means
a command which is not binding.
So when we look at these,
to leave something, when we look at these
5 rulings, right, we understand them from the
perspective of
to talk about an immutable command to do,
this is a
choice to do, which is a command, this
is.
The absence of any type of command,
in a mutual command to stay away and
avoid,
Forbiddance.
And
then in order which is not absolute,
to leave something,
Al Qura'a. Al Qura'a.
We took now
these 5. We're not gonna talk about Asahi
and Ba'athil,
because Asahi and Ba'til are going to fall
under
the rulings that came before them.
Just as Al Ruksa and Azimah are going
to fall under these different rulings, so we'll
talk about those things
when we get to that intersection.
What do we talk about quickly to review?
We introduced
Al Akhem. We said Al Akhem is Sharia.
Sharia. We noticed how the sheikh, he said
Saba, hufil haqriqahu hamsa
according to the the majority here, Al Hakham
sa'afon, there are 5. We mentioned how the
terminology in the text is actually the terminology,
as I heard from doctor Mahmoud,
as well as doctor Abd Salam
and others, the terminology,
he uses the terminology of the fuqaha,
when in reality what we want is the
terminology of the
And we noted that the terminology of the
fuqaha deals with the action,
the presence of the action, and
Usu'l deals with
how the ruling
is
constructed,
what is constructed from, and who qualifies to
construct that ruling and apply it? So that's
And then we talked about Wajib, Egypt,
Mandub,
Nadim,
Muba,
Ibaha,
and increase you.