Suhaib Webb – Usul alFiqh (lesson TwentySeven) Mutlaq, Muqayyid & Their Relationship to Qiyas
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Allah intends
good for gives me understanding of religion. Allah
says,
Oh, our Lord give us good in this
world. Saydni
Imam
Ali That good in this world is to
understand the Quran. Those of you who are
following this class
I appreciate you. I want to recognize you
because you are investing in something which
doesn't get a lot of attention.
Doesn't get a lot of attention. This is
not talk show Islam,
this is learning.
And unfortunately, as I mentioned before,
Muslim community in the English language over the
last few years, the idea of learning has
kind of been reformatted.
Pay attention and stay focused
we're talking about
and Imam Al Haramain says,
He says
that the next thing after those connected
evictors is
that
something is going to be restricted with
the quality of itself as we talked about
earlier.
Then he gives an example
and I have it in front of me.
He says,
What he's talking about here in Surat Nisa?
Allah subhanahu wa ta'ala is talking about the
inadvertent killing of a believer,
Involuntary manslaughter.
What is the
punishment for that? Allah says
to free rakaba. The word rakaba
is
botlak,
to free slave.
Freeing of
slave.
But right afterward rakaba comes the word mumina
and this is going to be the Muqayid.
It's going to restrict
the word Qalaqaba.
Then He says
As we mentioned just a second ago,
and sometimes we're gonna find this relationship where
a word is left,
unrestricted.
The same word actually,
rakaba,
is sortumujaadi Allah Subhanahu Wa Ta'ala mentions for
the one who does dihar. Dihar means to
pronounce the one's wife that she is to
him like his mother. It's a form
of
divorce. Allah says that the punishment for that
is what?
Here
to free the freeing of slave.
After the word raqaba, you don't find ini
as sifa,
which is going to act as a qaid.
A qaid is like to
to tie something up like a a camel
to restrict it. So here we find the
word
We find the word
See the examples that they gave.
Now let's move on to the three examples,
the application of mutlaq and muqayid, but I
want you to know or be familiar with
2 words.
First word
is Sabab cause. The second word is hokum,
ruling.
We talked about this at the beginning of
our warakat under hokum and wadayah,
and and we talked about the
is the cause
that's
pay attention though. This is very important. And
this relationship
is going to show
now. That's why you're gonna say, oh, that's
why he started with LPS.
Forgive me if it took too long to
get here.
We have 3 scenarios that we wanna think
about. Number 1 is the setup and the
ruling are the same. The cause and the
ruling are the same. In that scenario,
the is going to be restricted.
The unrestricted will be restricted.
Number 2, the cause is different. The ruling
is the same.
Same as number 1, the motaq is going
to be restricted.
Number 3,
cause is the same,
ruling is different.
Same cause, different ruling.
There's not gonna be the of the You're
not going to restrict the
These three scenarios.
Again,
same cause, same ruling
Number 2,
different cause, same ruling,
as you learned.
Number 3,
same cause, different ruling, no
The is going to be left alone.
So only in the first two. 2 out
of 3, we're gonna see that relationship of
the restrictor impacting the unrestricted.
Memorize this and memorize it better than me.
He says,
It's obligatory
to restrict
the
the unrestricted
if the restricted and the unrestricted from
agree, unify
was in the ruling
and the cause. I can give an example
of this. In short, Maeda, Allah Subhanahu Wa
Ta'ala says
after
that blood is forbidden for you. Blood is
And
also it's aliflim.
Also but let's just focus on Adam to
make it easy for you.
If we were to take that verse
and apply it, that means we would all
become vegan. We would be eating beyond nahari,
beyond briyani, beyond kabsta,
beyond burger.
Because if we were to say
and we left that word,
that would mean any blood left in what
we slaughter
is forbidden. That's impossible.
You can't drain the blood off an animal.
There'll always be some blood left over and
it says
Adam. Mutlaq.
So now you understand what Mutlaq means.
Is there another verse in the Quran
that restricts that, that brings an adjective, that
brings a quality of blood, that allows us
to restrict
that unrestricted,
that allows us to make tabeed
of that mutlaq there is in surt
and aam.
Allah subhanahu wa ta'ala says
what I know to be forbidden from scripture
is what? More or less, I'm paraphrasing here.
Spilt
blood,
spilt.
Is
Because that's why Sheikh Mahmoudi said, right?
So that verse is
Surat Maidah
is explained and restricted by the verse in
Surat and Am.
I bet if you look at tafsir, it's
gonna say
say What does that mean? Blood spilled all
over after you slaughter. During the slaughter, blood
goes out.
That blood that goes out is not forbidden
for you. It's it's it is forbidden. It
is forbidden for you to consume it.
So we say in
That's easy.
The is the same, the ruling is the
same. What's the?
To eat something.
What's the ruling? Forbidden.
Khalas. That's why Sidi Abdullahi says
tahada
hokmun
was sabab.
The second
is going to be that the cause is
different,
but the ruling is the same. We already
talked about this.
For example, in here, we're going to see
why we study rickiasts.
Why we study You find it in the
first one, but here, I want to
sort
of make it clear for you.
So we find
in
in
in
involuntary manslaughter.
We find
that if there is involuntary manslaughter of
a believer,
the expiation is to free slave
believer.
We find that the expiation
for pronouncing zihar to someone's wife,
Islam encourages us to speak well to our
our our spouses.
So the word zihar is a form of
verbal abuse.
Haram.
The explanation for that is to free a
slave
here we see the is different
In Surat Nisa, it's for involuntary manslaughter.
In Surat,
it's for pronouncing Dihar,
verbally abusing one's wife for divorce, saying that
she's like a person's mother.
But
the ruling is the same.
To free a slave.
However,
we want to take the which
is shared between them, which is to emancipate
a slave as an expiation for sin.
And then we see that because they're so
close to one another, they have the same
ruling,
and because that is shared between them,
we take the mutlaq of Surat Nisa
and apply it to the the Muqayd in
Surat Nisa and apply it to the mutlaq
of
So that's why Imam Al Haramay says
and he needs to be safe.
Because in short,
a believing slave. So now he finds and
they say that same thing in in in
divorce, in this way, in this this
forbidden way, the expiation is rakaba, they say.
This is
with the other verse.
Because of the shared between them, which is
needing to ex to make some kind of
expiation
for sin,
And the hokum is the same, free free
of slaves. So they take
the hokum of the asl,
which is in Surat Anissa,
And they apply it to Mujadila, which is
a far. It doesn't have just says raqaba,
doesn't have a mukayid.
So they take the mukayid from Surat Anisa,
that also
and apply it to the
in surat almuljadila.
And because they have a shared
and they apply them together and they make.
That's why I taught you
first.
Pay attention if it's hard.
But same thing I saw to
blood is forbidden. All blood?
Spilt blood. Spilt blood is the
What's its ruling? That's forbidden to eat.
Blood forbidden to eat. But
over here we find it restricted. Here it's
not restricted. So we take the asul, which
is the restricted,
and apply it to the unrestricted insul to
ma'ida because they share in the illah, which
is forbidden consumption.
And this is qiyas,
a form of qiyas. And if you pay
attention,
this actually is evidence for in the Quran,
which refutes imam ibn Hazem and others like
imam and others.
Here you see it
because you can't take both of those verses
and make them work. You can't say all
blood is forbidden, spilt blood is forbidden. You
already said all blood is forbidden.
So now we understand that all blood is
restricted by the verse and sultan.
And I am spilled
blood
because you have
the you have the Farah, you have the
you have the hokum asl, you take the
hokum asl, you apply it to the Farah.
And that's the
what the imam Al Khattab says
What's the illah that is not allowed to
eat them?
Consumption.
Was the ruling forbidden? So the ile is
consumption. The ruling is forbidden. Excuse me.
So,
the second example,
involuntary manslaughter,
free a believing slave.
Say
the to your wife free a slave
what is the asl
Is the
What is the?
The
What is the shared
common trait between them? The need to expiate
for
so you take the which
is the and you apply it to the
and you have the hulkam of the ruling.
It's a qiyas.
It's a qiyas.
When the prophet
said, and here you're gonna see where the
Hanafi is different from this. If you know
about the sadaat al ahnaf Rahimahullah.
Beautiful method, incredible usul.
Different way of usul, but incredible.
When the prophet said,
there's no nikah except with the wali. Wali
is mutlak. Any wali?
There's no nikah.
Illa bi waliyin except with a wali.
So you can bring anybody to be the
a
sinner,
find the other narration.
That's a good hadith related to Sayedid ibn
Abbas which is considered as as I recall.
That there is no except
with a rightly guided
wali. This is motlaq.
So let's apply
the qiyas to it.
So we have
here we don't know
what kind of wali
so that's tafar
We have the other text,
a guided wali.
Here we know what kind of wali it
is, so that's the asl.
Is there a shared
common trait between them? Yes. They are both
the wali.
They are both essential to the nikah.
We take the ruling of the and
apply it to the narration
and we take the
Very simple.
If you think about what I just said
then you're going to see that there's different
types of
For example,
Allah says
the the thief,
male and female. This is.
Any thief? That means, like, if someone stole,
like, a a a piece of lint off
your shirt,
Their hands should be amputated.
Wow, SubhanAllah. The prophet
mentioned anything over
so that statement of the prophet
is the
the Muqayid of the verse in the Quran.
So that
is the asl.
The is
the between
them, right,
is stuffed.
The here is amputation.
The last is when the is the same
and the ruling is different.
Best example I can give you is in,
in,
wudu al Tayamom.
So to Maeda
Say wash your hand.
What does that mean?
Slightly above the the elbow
because
the mannequin
So they said don't eat their wealth to
your wealth? No. With your wealth. Yeah. So
sometimes
I came with
so the Malekis
with your elbow, not to your elbow. It's
why you differ with the other Methabs.
That's why half of all is
He's known the language.
But the point here is in the verse
of Surat Al Maeda verse 6, I believe
in Surat Al
is restricted
with Go to Sultanisa
as well as.
Allah says wipe
your faces
and your hands from this
soil, this earth.
Here we find
a vehicle,
your hand,
It's not restricted.
Do we take that
and apply it to understand through the lens
of Sholto Maeda know why?
Because
the cause is the same, but the ruling
is different. What's the ruling
in Surat Al Maida about wudu is to
wash. That's the ruling, you have to wash.
What's the ruling in Tayamun?
You have to wipe.
You have to wipe. So this will
be it doesn't work.
It doesn't function.
SubhanAllah man I ask Allah Subhanu wa Ta'ala
to forgive me this is not easy to
explain. It's
not easy to explain but I ask Allah
Bintafiq was sadad. I could explain this easier
in Arabic than in English man,
and I ask Allah Subhanahu Wa Ta'ala to
reward all of you for pushing
and trying and making efforts and I look
forward to teaching you all in person live
here Insha'Allah.
But what do we talk about?
And we explained it first by teaching you
what is qiyas, revealing qiyas. Most of you
know what qiyas is, I know that. By
giving the four foundations of
PS,
Then we took
we talked about what they are, went through
some of the differences between
and
And then we gave these three examples. And
the three examples what's the purpose of the
three examples?
To show you the application of qiyas. That
what's happening in the background is qiyas.
Not qiyas from us.
Quran is teaching us qiyas.
So when people say where does usulufil come?
Usulufil came from the west. Usulufil came from
Greece.
Have have a good suspicion of the ulama.
Those ulama were much more pious than we
were.
As doctor Hif Nawi said, we would not
be able to write one phrase like the
way Imam Abu Ta'i or Al Razi
wrote a phrase.
This is one of the ways we become
colonized is that we hate our ulama, we
hate our scholars, we reject them, and then
we step into the square of scholarship
with a bad suspicion of them.
And unfortunately that was driven by the writings
of Imam ibn Hazem and Sayyidina Imam, Imam
Ashokani, rahimuhamullah,
as we'll talk about in the future. But
we gave these examples,
right?
Said the Sidi Abdullah says Moraqis Saud fa
wajab.
Why? Because there's the Asl, there's the Farq,
there's the Ilah,
and there's the ruling of the Aslk.
Number 2,
we said that the cause is different, the
ruling is the same. Why always the ruling
and pay attention.
Why is the ruling the same
contingent on everything? Because the ruling is one
of the 4 pillars of piez.
It's one of the 4 pillars of PS.
So that's why in the third example of
when
we said the cause is the same but
the ruling is different because now there's no
shared
there's no shared
ruling
because they're different, so it's no
Pay attention to
that. Look at it like differently.
Look at it differently. So the sheikh,
he only mentions 2 examples, 3 examples of
Al Hata'b. Imam Al Haramain just touches on
like 1 or 2 and moves quickly, because
he knows this is some sticky woods man.
But the first we said, same cause, same
ruling, no difference amongst the ulama and batheb
khalas. Number 2,
different cause, same ruling, some
discussion there.
Number 3, we said same cause, different ruling,
doesn't work there
Because the Hukum Asl is not present.
In the first two, the Hukum Asl, the
Hukum of the Muqair is present.
And because it's so close to the Hukum,
the Farrah,
the Ilah is very similar,
almost exactly the same, take the ruling of
that one and apply it to the,
the mopak, take the ruling of that one
and apply it to the mopak. But in
the third there's no ruling.
So how can you have a peace? May
Allah SWT give us tawfiq
InshaAllah next time we are going to talk
about