Suhaib Webb – Usul alFiqh (Lesson TwentyFive) A Quick Intro to Qiyas
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I hope you are doing wonderful.
Ask Allah
to bless the people of Gaza.
Ask Allah
Welcome back now to our explanation of Al
Waraqa. We've reached now really a very
I said to students before one of the
most difficult sections to teach,
and it actually
in many ways, I'm not a favor of
it being
in this point in the text
as I hope you'll appreciate. This is from
my own understandings and learnings of also rafilq
and something that I concluded
over some time.
And that is
because Imam Al Haramay says
right? After talking about
the evictors
and those kind of universals. Right? He now
says
and what he means is
In order to understand al Mutlaq and Muqayid
before you can even
entertain
trying to put it together and this is
why many students by the way they have
a problem with al mutlaq and muqayid. What's
the difference between amal has? What's the difference
between nask?
It's because I I believe and I've learned
this to experience teaching in my own growth
that they're missing the section on LPS.
If someone understands
LPS
and then they
apply that to
and it
becomes very easy for them.
So I want you to remember this
and I want you to write this down.
That before you can really
encapsulate
the concept of
the
unrestricted and the restricted,
the and the
you have to learn about Alqiyas. And unfortunately
Alqiyas comes at the end of the book.
Right?
So what I want to do in this
sort of short session is to introduce
as a way, as a prerequisite
for us to then better
understand. It's easier gonna be easier for me
to teach it and perhaps easier for you
to understand
Al Muqayid. And this will take around 3
lessons. So we'll have one brief lesson on
Al Qiyas.
Then we'll get into Al Mutlaq Al Muqayid
and then we'll talk about the application of
Al Mottaqul Muqayid in 3 places and then
we'll be done Alhamdulillahi.
I'm not going to go into details of
Qiyas like the 3 types of Qiyas and
so on and so forth. But just to
give you a brief introduction to
analogy.
So that when you walk in
to and I start to explain certain things
you're going to say
I understand
the
word means to measure.
You know, we we we,
in classical Arabic, the person who is the
the bespoke tailor,
you know, what he does is He measures
your body and he makes it match the
closing the clothes perfectly.
The, the thermostat,
right, is given the same word. Right?
It it it mirrors for you
what the actual temperature is the room. It
shows you that.
Is one of the 4 agreed upon evidences
from Ahlus Sunnah. That's why Imam Ibn Hazm
is not considered Sunni. That's why the
is not considered Sunni. We'll talk about that
in the future. Why we should be very
careful
of taking the writings of Imam Shulkani in
particular in his book Al Qalam Mufil Falishtihadwataqreed
and Imam Ibn Hazem Rahim That doesn't mean
they're evil people, doesn't mean they're deviance
or something to that degree, of course not.
But to learn
their understandings, which unfortunately
many, many, many Sunnis
have learned.
And then try to retroactively
criticize
the Sunni canon and tradition
is a disaster because they're not Sunnis Aslan
and they're Usul.
Because Imam,
Shulkani, he has the opinion that
is a ruxa for the Mufti only,
which goes against the Sunni and
imam ibn Hazem
Rahim he actually denies LPS. In fact, he
compares someone
who makes PS to being a disbeliever sort
of. We'll talk about that in the future
in the section on.
So
is one of the agreed upon 4 evidences
amongst Sunni schools of law. This also differs
with Al Jafariyah
Al Imamiya, our brothers and sisters from the
Jafarii Imamiya Madhab.
Within the Sunni tradition,
Al Qiyas is one of the 4 agreed
upon
sources of evidence. And we know Al Baydawi
says and Al Minhaj, I mentioned this, I
think, in the first or second lesson.
You have to know what are the what
are the sources of Dalil. Ma'arifatul Adillah actually
is better if you said Adillah but that's
another discussion. But you have to know
There's no Sunnis who differ on this. They
may differ on the application but they don't
differ on it as a source.
And Allah
he says something very beautiful in the
Quran
that all of the Prophets We sent them
the kitab, their books
here is That's why Imam Ibru Qayim has
a very beautiful sort of opinion that we
shouldn't say we should say
Although there's no argument over terms but it's
I appreciate that reflection, that critical reflection because
Al Mizan is the word found in the
Quran.
Is in a different context, but the idea
of balance. Right? So the job of the
Mufti, the job of the Qadi, the job
of the the job of the Fir Council
is that balance
LPS.
In Islamic,
terminology,
Imam al Baji in his Ihkam who actually
defeated
ibn Hazem in Mallorca and in fact shut
that entire madrasa down
in his debate with him. He says that
Qiyas is
Is that you will remember this definition
What does it mean? It means that you
bring 2 what it means by amr here
is
one is a text
and one is an affair.
1 is texted and one is not texted.
1 is known, one is not known. He
says that meaning the the ruling and that
that that you bring them together
because they share an illah. Remember this word
with
doesn't mean weakness if you speak Arabic.
Here means an underlying cause.
The underlying cause. This will be very important
in the future when we talk about, at
least at Swiss, our class in Ifta in
the future,
and so on and so forth. But the
word
remember means a cause. So let me simplify.
We have this word it means
a comparison, an analogy.
It's used in the Quran as a scale
because you're weighing things. In means that you
have something which has a text,
has a ruling,
with something that doesn't have a ruling, but
there's some shared
commonality between them. This is the
the So you bring them together and you
take the ruling of the first and apply
it to the second.
And this is one of the seven ways
in which we know that the Sharia will
constantly and always be accessible
and beneficial
and have permanence till the end of time.
That's why Imam Al Haramain I believe in
Al Burhan he says
Right? This is the crown of the
So Al Wajid
says to bring 2 affairs together
because they have a shared
cause. 1
has a ruling is called the Asl.
One of the affairs doesn't have a ruling
is called the farrah.
What's shared between them is the illah and
what is applied to the Farah. From the
Asl is the hukum. If you pay attention
to what I'm saying, I'll say it all
in English now. These are the four
foundations of PS.
Number 1, we have the Asl. We have
the ruling in the Quran and Sunnah for
a certain act or certain thing.
Number 2, we have something that's very similar
to that.
Number 3 is that similarity
is what brings them together. The that's mentioned
by Al Baji Rahimahullah.
And then we take the ruling of the
first
and apply it to the second.
We matched him. This is called
If you're
in
says
He says I believe he says you know
That's what he says.
He says,
the word hamal is very important in the
future when we do live classes together.
The word hamal means how do you carry
a text? How do you operate with that
text? Hamlu anos.
So this is
So
it
says Make sure you memorize this stuff. If
you're serious about this, this is a serious
craft.
This is a very very serious effort. It
doesn't need people who can talk and argue
all the time. Muslims now are learning from
talk shows. What happened to learn and text
and and and and having and
this is one of the challenges of this
age that learning has been redefined
as entertainment.
But learning is work. So I'm gonna say
it again and again so you can memorize
it.
That's the first half of the line.
What does that mean? It means
to carry.
To carry what
doesn't have a doesn't have a a ruling
to make it simple for you.
To what does
What's ruling is known
because
they have their
they have similarity
in the shared cause,
is known. Means here.
So
because they share in the of the There's
a lot of debate about that we don't
wanna talk about now.
Is known.
I want to remind you of the 4
foundations of because this is crucial for you
to learn
Because what allows us to make this relationship
of restricting
a a unrestricted
is a shared
And that shared is
in the hokum. In
the ruling, the Asal.
So you can see if you pay attention
to what I said, and we'll explain it
more and more,
there is an intrinsic relationship between
and and that's why we have to introduce
first. So be patient. Be patient.
What are the foundations of that make it
correct?
The conditions to make it compliant?
Number 1,
the means
the foundational ruling.
That act that has that foundational ruling. Right?
The act.
Number 2, the Fara. That thing that I'm
seeing it's similar to that.
That's the branch.
Why is it called Farah? Because it doesn't
have an also to support. It doesn't have
a hukm to support.
Number 3 is the illah. The underlying
commonality, the cause between them. I'm gonna give
you an example in a second. And then
finally,
the hokum
hokum al Asl.
The ruling of the Asal. Those are the
4 conditions.
I said in
and what is going to bring them together
is the hokum of
the is the
and it's going to make
on the what?
On the
Just let it simmer for a second.
Imam Al Haramain Rahim He says
if I remember correctly,
Shirazi in Aluma
gives a beautiful simple definition of Qiyas. He
says
He says, Qiyas is to return
the farah,
the thing that that doesn't have a ruling
to the asl. To the thing that does
have a ruling.
Do to the cause
who brings them together
in the ruling
in the ruling. Then he says
There are 3 types
of.
What we're worried about here is
Is related to that cause?
There's a great example
when, the woman came to the Prophet
and she said my my daddy didn't make
Hajj.
Can I make Hajj on behalf of my
father?
And the Prophet Sallallahu Alaihi Wasallam, what did
he say to her?
He said, if your father had a debt,
would you pay it for him? She said,
yes. Then he said, well then make Hajj
on her behalf.
On his behalf. So make Hajj on his
behalf. Here this is from
the Prophet
Here the was that, you know, Hajj alfard
and and and and and and the issue
the sorry, is to pay the debt of
your your parents'
when possible.
But also
Hajj is a debt that's so there's a
shared illah. So the ruling of the day
of the debt goes to the Hajj.
See, that's PS.
The difference between the prophet
and is that the prophet
his his
are from
and he's doing this to show us, to
model for us
because he has wahi.
I experienced this firsthand in my class at
Daragh Ifta in Egypt with doctor Muhammad Rafat
Uthman,
one of the great great teachers. He was
very old. We learned Al Minhaj
of Sayna,
Imam Anawi and other ulama and the shafi
madhhab even though we were Madakiz and there
were everyone was in that class different madhhabs,
but
brothers and sisters, man. Doctor Muhammad Rafa'at, man,
it was like watching
a genius at work, man.
Rahimahullah. I I benefited so much
from him.
And doctor Mohammad Raffa Tushman, one day he
came to class and he said there's a
case in Egypt right now. It's a hot
case where there's a celebrity who has been
charged with the paternity of a child, and
he denies it. And the woman is demanding
he take a DNA test,
And there is this dispute
amongst some of the Sharia lawyers as to
whether the DNA is admissible
into court as secondary evidence.
So he asked us to think about it
and tried to find some kind of evidence
for that, and we couldn't couldn't do that,
of course. And then he came back a
few weeks later, and he said, I found
the evidence in Yusuf.
I mailed PS in Surat
Yusuf that DNA can be used in court.
He said so to Yusuf, he said, yeah.
If the shirt could be used to either
prove Yusuf's guilt or exonerate him as secondary
evidence, that I'm going to make on the
shirt with DNA.
To prove or disprove someone's guilt.
SubhanAllah man. I asked him how did you
do that? He said I'm like 90 years
old. I've been reading the Quran for a
long time. So those are examples of ancient
if you will, qiyas at the time of
the prophet
here is also, like, a modern qiyas. And
the Madakhi Madhab,
we know for example that, like, prosthetic fluid
is is given the same ruling as urine,
as well as pre similar food because of
because
of of.
So
I felt it was very important for us
to
introduce
before we get an
because the relationship between the restricted
and the unrestricted. Why is that unrestricted restricted?
Because there's a shared
in the hukum.
There's a shared
in the cause.
As we'll talk about in our last lesson.
In order to understand that and that is
in front of you super easy to follow,
you have to appreciate what is PS. PS
is analogy. You can say it, make it
easy for you. And it has 4 important
pillars for it to work. Number 1, al
also. The action that has a ruling. Number
2, the far. The action that doesn't have
a ruling. So use of shirt has a
ruling. DNA doesn't have a ruling.
What's the shared trait between them that they
can be used to exonerate someone or not.
So the ruling of
using DNA
takes the ruling of the shirt according to
doctor Mohammad man. You don't have to agree
with him by the way, but just as
an example. And also the example of Sayyidun
Nabi who that woman comes to him and
says, you know, my daddy didn't make Hajj.
Do I have to make Hajj on his
behalf? And the prophet says if he had
a debt, would you pay? Yes. So what's
the ruling of the debt is
on the offspring if they can if it's
not beyond their means.
Well Hajj also
is Fard,
and both are due from a person, and
their offspring could do it for them. So
what's the
To to observe that fault and to remove
their their blame. So it takes the ruling
of paying off a debt
to Hajj. What is the debt to people?
And then others, the debt to Allah Subhanahu
Wa Ta'ala.
And then the last example I gave you,
if you go to, like, Ishmael or any
foundational
text in the Maliki method, very simple.
You're going to find the issue of prosthetic
fluid
and you're going to see for example, Sheikh
Al Ghomari and
his his Tadlil of the Ishmaawiyah, which is
a simple very easy book we teach it
to our children. In the Maliki Mathab,
he said very clearly, you know, this is
that
the
the the ruling of prosthetic fluid is going
to take the ruling of urine
because of the similarity in the 2, the
shared,
and so the ruling is to, of course,
engage in purification.
So Alhamdulillah. That's qiyas. Now let's jump into
talking about in
our next next lesson.
Again, if you have any questions, feel free
or comments or criticisms, please share them in
the comments.