Suhaib Webb – Usul al Fiqh Lesson Six Usul alFiqh’s Definition of Shari’ah Rulings

Suhaib Webb
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: Transcript ©
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This journey through the subject of Usuluthuk

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with Sayna Imam Al Haramain

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And alhamdulillah, we have now moved on from

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the initial

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introduction of the book which identifies Usul al

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Firk bi Mufradayi

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with its two words, Usul and Firk.

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And now we're going to move on to

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one of the important subject matters of

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the science,

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and he says

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He says the rulings are 7.

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Right? It's a broken plural, it means rulings.

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And it's understood here that Talsifa is Mahadova,

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that what type of akem is understood because

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of the siyaq of the nafs,

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because of the context of the text. 8

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al akhim

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a sharia.

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These sharia rulings are 7.

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You may, if you're familiar with the writings

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of Saydina

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Imam Al Haramain Al Tulkis

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or Al Moran,

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he noted over there that he takes the

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opinion of the majority

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of the scholars of Usul and Fiqh, and

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he says, well,

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that the rulings are 5. Why

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here in

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is he

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saying

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or 7?

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Remember,

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this is very very important insha'Allah

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that I mentioned to you that al Waraqat

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actually is a summary

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of a luma of Sayyidina Abu Ishaqashirazi.

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Imam Abu Ishaqashirazi,

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one of the great, great early writers in

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Aluma,

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he says.

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So, Imam Al Haramain

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Right? He wrote this book just to make

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it easy for people to start

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an introduction to this subject. That's why Al

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Waraqat,

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in the Mahtut version, like the handwritten copies

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of Al Warqaat,

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it doesn't reach more than 10 pages.

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Imam Umali

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said that Imam Al Khattab,

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the explanations on the War Raqqat don't reach

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more than 40 to 50 pages.

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SubhanAllah,

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you see, for example, Sheikh Atimusani

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Hayatul Muram,

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his explanation of the War Raqqat is a

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meta explanation, it reaches like 3 volumes.

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So, it tells you like there's a lot

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here to unpack,

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but the point is that Sayna, Imam Al

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Haramain,

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was trying to make it easy

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and

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simplify

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things for people.

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Nafanallahu

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ta'ala bi ammihee fidaaraini

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wal akhamu

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saba'atun

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He says the akham are saba.

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Here, al akham,

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we understand

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that its adjective is hidden, it's understood,

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a Al Hakam Sharia.

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So the rulings of Sharia,

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Saba, or 7.

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The word akem is from a word which

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means to stop,

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mana.

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That's why one of the old poems says,

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Oh, tribe of

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Hanifa, shall I not stop?

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Akhimu

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aamnaussufah

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aku, the the the ignorant people amongst you,

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the unruly people amongst you.

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Because the ruling, it stops something.

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That's why when you're looking for adjudication, you

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go to the Hakim,

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the hakim,

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the judge.

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You go to the Hakim in the old

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days if you're sick, because he can stop

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all the, like, what's going on with this

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person, what's the real illness.

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And that's why it's called Hikma,

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wisdom,

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because it stops a person from acting

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in an ignorant way.

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We've already talked about what al aqah means,

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according to fiqh and also al Aqah, so

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we're going to continue now Masha'Allah with the

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Sheikh.

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What does he say?

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Walmahdurwalmakruwal

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sahi

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walbatiel.

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The sheikh, he mentions the following rulings. He

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says the rulings of Sharia are 7: Al

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Wajib,

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which means

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mandatory,

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recommended

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a almandubilay,

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permissible,

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walmahdur,

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forbidden,

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walmakru,

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disliked,

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wassahih,

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sound,

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walbatil,

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and batil here means that it has been

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rendered invalid, because something in the beginning,

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for example, if I didn't make an woldhu

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and pray, that would be Baldu.

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There are a few points here that I

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need to make before we jump into this

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discussion, and that is

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that if you pay attention, Imam Al Haramain

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is actually

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using the terminology of the fuqaha.

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The word wejab

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wajib

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is describing an act,

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a taluk,

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how

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the ruling

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right?

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The presence of the ruling.

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But the terminology

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of the scholars of Osulufic

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is different, because their terminology doesn't describe the

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act,

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it describes the text.

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So I need you to write this down

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if you're following this class with me because

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this is very very important.

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And the reason that Imam Al Haramain does

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this again is to make it easy for

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people and also this is the same

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process we find

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in al luma

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of Shaykhina

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or Imam al Shirazi

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al Ustadh

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So what is the terminology

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of the fuqah of the Usuli'yun?

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It should go like this,

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wal akemoo

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saba

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Not alwajib.

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Aljib.

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Ehaban Nos,

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ijab,

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obligation.

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Not obligatory?

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Obligation.

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Manduub.

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Recommendation?

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Not recommended.

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Sohuna

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anedeb.

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And nadeb,

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not Mandub,

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and nadeb.

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So Ijab

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and nadeb.

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So permissibility.

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Meaning that it is forbidden.

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So not disliked,

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but the text itself,

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is showing something is,

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think of a good word to describe this

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as repugnant.

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So repugnance.

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Walsahi

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Sound.

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Walbatil?

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No.

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Imam Sayna Al Khattab

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Al Maliki says,

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firk is to know

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That's

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Fiqh.

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It is the ability to recognize the texts

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that carry that meaning, To recognize this text

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means Ijab,

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this text means,

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kiraha, this text means, anedab, this text means

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haver.

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So if you think about it, the science

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of a fiqh is the talukh

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of the ruling.

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How that specific ruling,

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the presence of that specific ruling in the

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actions of people.

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So that's why, mashaAllah, my notes are

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Filk is to recognize the ruling when it's

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happening in an action.

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Is to recognize how this action came into

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play,

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and how this action is applied,

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and how this ruling, excuse me, came into

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play, and how this ruling should be applied,

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and who is qualified to apply the ruling.

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So number 1, Ma'arifat al Nas

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recognized in the texts.

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Number 2, Ma'arifat istiferetinafs

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how to benefit from the text.

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Number 3,

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and you feed a ness.

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So the third part is,

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who qualifies?

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So, Usolo Filk is the how,

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and Filk is the what.

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So we understand something else, Usolo Filk is

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very general,

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is very particular.

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So is founded on general

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things, it's very important, it's gonna come back

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to you later,

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when we review the second way of defining

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when we mention what Sayyidina Imam Al Bayadaw

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says,

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and Filk, MashaAllah, it's going to come as

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we teach Inshallah the furooah.

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So the sheikh, he says, walakamu

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sabah,

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wulfil haqika

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hadaverosahi,

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and the Jomhura ulama.

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Actually, this is not correct, and the majority

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of the ulama are gonna say, Well, Akaamu

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Khamsa.

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But Insha'Allah, we're gonna run with the logic

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of the Sheikh Alhamdulillah

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so we can benefit from it Insha'Allah.

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Remember, and I had this question in my

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exam in Uso Lufiqh,

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what is the

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correct

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wal kiraha,

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walhadru,

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walibaha.

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That's that's the terminology we wanna think about

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in.

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These words in the are

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talking about a text.

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And so on, they're talking about an the

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action.

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So the function of the scholars of fiqh

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is actions,

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the taluk.

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The function of the is to recognize text,

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the meanings of the text, the application of

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the text,

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and who qualifies to use those texts.

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Then he says,

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He says that a wajib is something that

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if you do it, you'll be rewarded. If

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you don't do it, you'll be punished. There's

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a lot of discussion about this issue

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and some critical

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analysis of what he's saying, but again, that's

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not the purpose of his book. His purpose

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is just to introduce

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a topic. If we want to say it

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from the

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perspective

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of

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We're gonna talk about this soon. The word

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ijab is synonymous with the order to do

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something.

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So Ijab means an order which is definitive.

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I have no choice. Akeem salah,

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establish salah,

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and so on and so forth.

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The second,

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after Wajib,

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is an nadab.

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Anadabhuwaamrun

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is a command which is not definitive, meaning

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that a person has a choice

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to do it

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or not do it. So Ijab,

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Usul Al Fakk, absolute command.

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Al Nadab,

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non absolute command, to do. Both of them

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to do, to do.

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Walmakru, of course, is an action which is

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disliked.

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Walmubah

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means

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something for which there is no order to

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do

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So

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means that there is no command,

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to do or not to do,

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whether definitive or recommended. So now you understand

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something very important.

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Now this axiom becomes clear that the essence

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of all actions for which there is no

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text, the origin is to be

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Because that is something for which the Sharia

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did not address.

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That's why we have to be very, very

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careful of the sloppy,

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you know, when people say, well, the prophet

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didn't do it, the sahaba didn't do it,

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asafo nah, they didn't do it.

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The absence of an action does not

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necessarily,

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mean there's a ruling.

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So, here we see people have everything flipped

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upside down.

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So they'll ask you, is this thing

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halal?

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No, no, the question should be, is this

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thing haram? Because the foundation is permissibility.

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Allah Allah created everything for you.

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So mandub is an act for which a

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person has a

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choice.

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And again, the axiom of the majority of

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the scholars,

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Sheikh Imam Al Khattab is gonna mention later

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that the origin of any action for which

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the Sharia has not addressed,

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or the prophet

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has not engaged in, the foundational

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default is that it is permissibility.

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Unless

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there are some contexts added to it that

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shows us that it's not allowed

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or that

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it is Haram. We'll talk about it in

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the future. An example is when the Prophet

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was presented, the lizard,

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in the house of

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Sayyidina

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Maimuna,

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Prophet he didn't want to eat it because

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that type of lizard was not known to

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the people of Hejaz, it wasn't part of

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their cuisine, it was especially the Bedouins, they

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used to eat it because

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they could store it for a long time

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and it provided a lot

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of carbohydrates

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and protein.

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But he didn't eat it, but the people

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ate it.

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So, subhanAllah,

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if the prophet not doing something met hormah,

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they wouldn't have eaten it.

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SubhanAllah.

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So Sayyidina Rasulalahu Wa

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Salamah,

00:17:19 --> 00:17:20

he didn't do it.

00:17:38 --> 00:17:39

This is very, very important.

00:17:42 --> 00:17:44

And also the hadith of Sayda Aisha

00:17:45 --> 00:17:48

as related by Sayda Imam Malik and the

00:17:48 --> 00:17:50

Muwata and Sayda Imam Muslim,

00:17:51 --> 00:17:52

the prophet said,

00:17:54 --> 00:17:56

hadith qaumuk, if it wasn't that your people

00:17:56 --> 00:17:57

just became Muslim,

00:17:58 --> 00:17:59

I will order the Kaaba to be destroyed

00:17:59 --> 00:18:01

and rebuilt on the foundations of Ibrahim.

00:18:02 --> 00:18:05

But after him, even though he left it,

00:18:05 --> 00:18:07

people came after him

00:18:07 --> 00:18:08

and did it.

00:18:09 --> 00:18:10

They rebuilt the Kaaba,

00:18:11 --> 00:18:14

Abdullah ibn Zubair, on the foundations of Ibrahim.

00:18:14 --> 00:18:16

So just because the Prophet didn't do it

00:18:18 --> 00:18:19

does not mean

00:18:19 --> 00:18:20

that it is

00:18:21 --> 00:18:22

immediately understood

00:18:22 --> 00:18:23

to be forbidden.

00:18:24 --> 00:18:26

In the future we're gonna teach this Qaida,

00:18:26 --> 00:18:27

this axiom, in detail.

00:18:30 --> 00:18:32

So the third,

00:18:33 --> 00:18:33

and

00:18:36 --> 00:18:36

honestly,

00:18:37 --> 00:18:37

permissibility

00:18:38 --> 00:18:39

is the majority of the rulings.

00:18:57 --> 00:19:00

An immutable command to stay away from something.

00:19:12 --> 00:19:12

Which

00:19:16 --> 00:19:16

means

00:19:22 --> 00:19:22

which means

00:19:23 --> 00:19:25

a command which is not binding.

00:19:25 --> 00:19:26

So when we look at these,

00:19:27 --> 00:19:29

to leave something, when we look at these

00:19:29 --> 00:19:33

5 rulings, right, we understand them from the

00:19:33 --> 00:19:34

perspective of

00:19:34 --> 00:19:37

to talk about an immutable command to do,

00:19:37 --> 00:19:38

this is a

00:19:39 --> 00:19:42

choice to do, which is a command, this

00:19:42 --> 00:19:42

is.

00:19:44 --> 00:19:46

The absence of any type of command,

00:19:48 --> 00:19:51

in a mutual command to stay away and

00:19:51 --> 00:19:52

avoid,

00:19:57 --> 00:19:57

Forbiddance.

00:19:58 --> 00:19:59

And

00:19:59 --> 00:20:02

then in order which is not absolute,

00:20:03 --> 00:20:04

to leave something,

00:20:06 --> 00:20:07

Al Qura'a. Al Qura'a.

00:20:09 --> 00:20:10

We took now

00:20:10 --> 00:20:12

these 5. We're not gonna talk about Asahi

00:20:12 --> 00:20:13

and Ba'athil,

00:20:13 --> 00:20:16

because Asahi and Ba'til are going to fall

00:20:16 --> 00:20:16

under

00:20:16 --> 00:20:18

the rulings that came before them.

00:20:20 --> 00:20:23

Just as Al Ruksa and Azimah are going

00:20:23 --> 00:20:25

to fall under these different rulings, so we'll

00:20:25 --> 00:20:26

talk about those things

00:20:27 --> 00:20:29

when we get to that intersection.

00:20:32 --> 00:20:34

What do we talk about quickly to review?

00:20:35 --> 00:20:35

We introduced

00:20:36 --> 00:20:38

Al Akhem. We said Al Akhem is Sharia.

00:20:39 --> 00:20:41

Sharia. We noticed how the sheikh, he said

00:20:41 --> 00:20:43

Saba, hufil haqriqahu hamsa

00:20:43 --> 00:20:45

according to the the majority here, Al Hakham

00:20:45 --> 00:20:48

sa'afon, there are 5. We mentioned how the

00:20:48 --> 00:20:51

terminology in the text is actually the terminology,

00:20:51 --> 00:20:52

as I heard from doctor Mahmoud,

00:20:53 --> 00:20:54

as well as doctor Abd Salam

00:20:55 --> 00:20:57

and others, the terminology,

00:20:57 --> 00:20:59

he uses the terminology of the fuqaha,

00:21:00 --> 00:21:01

when in reality what we want is the

00:21:01 --> 00:21:03

terminology of the

00:21:04 --> 00:21:05

And we noted that the terminology of the

00:21:05 --> 00:21:07

fuqaha deals with the action,

00:21:08 --> 00:21:10

the presence of the action, and

00:21:11 --> 00:21:12

Usu'l deals with

00:21:13 --> 00:21:14

how the ruling

00:21:15 --> 00:21:15

is

00:21:16 --> 00:21:16

constructed,

00:21:18 --> 00:21:21

what is constructed from, and who qualifies to

00:21:21 --> 00:21:24

construct that ruling and apply it? So that's

00:21:29 --> 00:21:31

And then we talked about Wajib, Egypt,

00:21:32 --> 00:21:33

Mandub,

00:21:33 --> 00:21:34

Nadim,

00:21:36 --> 00:21:36

Muba,

00:21:36 --> 00:21:37

Ibaha,

00:21:47 --> 00:21:48

and increase you.

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