Suhaib Webb – Usul alFiqh (Lesson TwentyThree) The Evictors (Part One)
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Welcome back to our brief explanation
of Alwarakaat of Imam al Juwayni, this introduction
to Usul Al Tawk.
We reached now the section on the evictors,
I like to call them the evictors
for a very important reason,
and that is because the word eviction gives
you the proper conceptualization of what's happening.
And also it allows us to stay away
from terms that may confuse you later on
like restrictors.
So the evictors, what I'm what do I
mean by that? If we have an am,
a universal
idea, a term that has all these different
components underneath it. The word for those for
those components is a fraud.
And then we evict some of those f
rod from the universal
in relationship to a ruling
that is called remember this?
So this is the master.
The the other way to understand it is
ikhraj
to evict.
Badi
some of a fraudi
a laam,
a lofty a laam
to evict some of the individual components of
a universal. Let me give you an example.
If I were to say to you, like
all the people
are going
to Mecca
except
Suhaib,
Ahmed, Fatima,
Robert,
and
Priscilla.
All the people
is universal.
I'm
except Suhaib
and
except Suhaib and the other people I mentioned.
So I have now evicted myself and those
other people I mentioned from the universal.
I have made Ikhraj of the Afrad
of Anas.
That process is called tafsiz, tarsis.
Tarsis
In
the Quran,
in this brief lesson, I just want to
give you like 3 examples to help you
conceptualize it, then we'll give you the definition
of Imam Al Haramain,
and
then we'll we'll we'll we'll stop to make
it, Insha'Allah, brief,
but, action fact.
Action
packed. Allahu Subhanahu Wa Ta'ala
says
excuse me what I am will let in
a all tool kitabahidulakum
that all the food of the people of
the book is permissible fee.
Why do I say all the people because
so I'm a ladina or turkey tab is
more buffable buffalier and Elbrasah
to feed
a little more or to feed lamyan.
So that possessive relationship the the food of
the people of the book means
all the food of the people.
Because Mu'Daf, Mu'Daf or Ilay means universal.
If we were just to leave that verse
as it is and give fatwa based on
that verse, we told people, yeah, man.
You can eat whatever you want, bro. Bacon
burgers,
ham.
Well, you know, well, ain't you been slaughtered
correctly?
Bro. Because
Here we see the danger of simply taking
from people because they have the evidences.
It's very important to realize that
you could remember remember this remember this I
heard this from
from a very serious giant and also
also really is made up of 2 things
number 1
adila,
wadalara,
and the third of bayan.
What do we mean by bayan that a
person
knows how to clarify the Adela and the
Dalena, the evidences of what they have. A
lot of people can bring the deal.
I have a little bit. I always has
the lead,
but how to use the deal correctly.
That's what's missing, especially in the English English
language. Right? Because as you can see, as
we go through this course together, this is
the introduction. This is we just scratching the
surface, man.
I'm just trying to give you things that
will prepare you for our next text, the
Taqrib
of Imam Abdul Juzay.
But
believe me this is just scratching the surface.
We haven't even practiced what we learned. We're
just introducing it. Right? Doing at the soul.
So
imagine if someone were to say,
Like you can eat the food of the
people of the book without any restrictions, without
any any evictions.
Immediately in your mind, you're going to say,
no, no, but what about pork? What did
you just do? You took a component
from the universal
of
the food of the people of the book
and you evicted it. You made a horaj
or tafsiz.
And you might say, but what about what
hasn't been slaughtered correctly? You just did a
houraj.
You might say, what if they eat things
that have died of their own? Like Karen,
you just made a houraj,
tafsiz.
That process of evicting those individual components from
the universal
is called
It's very important to know this kind of
stuff. Who's gonna push themselves? I'm tired of
hearing people say, oh, this is too hard.
This is too hard. Who's going to be
those people who push themselves.
The summit ain't reached without work, man.
You know, the summit is not reached without
work.
So if you want it, you work for
it. So
what did you do? You restricted you you
don't say restricted. You evicted, excuse me,
pork, what hasn't been slaughtered correctly, what's died
of itself from meat
from the universe.
Meaning that
and what hasn't been slaughtered
and those meat items that have died of
themselves are not.
They are.
They have been made forbidden for
you. How do you know that? There's other
verses in the Quran
don't eat those things which Allah's name has
not been mentioned.
Allah Subhanahu Wa Ta'ala says in the same
chapter as the verse about the food of
the people the book right before
Allah mentions those things
from meat which are forbidden for you.
Forbidden for you. Those things that have died
of themselves.
Right? Those things that haven't been been been
bled correctly.
Pork,
things that have not been slaughtered. So all
those are evicted
from That's called Tasi Salaam.
So in order to do that you have
to know what makes something am, that's why
we talked about it, and then you have
to know what are those things that cause
tafsiz.
We will talk about that
Insha'Allah
Another example also from from
talk about oaths. He says that the expiration
of the
that the expiate then the expiation of the
oath is to feed 10 poor people,
10 is Has. 10 is Has,
it's limited
the impact of the ruling. You can feed
only 10.
Or to clothe.
Understood
to be
10 people
or to free a slave.
And who can do that should fast 3
days.
Now pay attention to the verse. I give
you one example. First is 10
410 is
The description of a person as being in
bondage
is
that's who you free.
And finally,
3 days is
all those are
restricted.
All those are
restrict. All those are restricted. So what specific
days
what are the
not all days. All days are are are
outside of 3 are evicted.
People in bondage don't fall under the designation
of
are evicted
from the from the the the ruling.
11 poor people, 12 poor people, 13, 14,
15 rich people, people in the middle class,
they're all evicted from
Asharati Mesaki.
This is called,
Haas. Haas.
As the first example, sometimes you have to
find what restricts something
in other texts. And that's why there is
this great principle that it is commendable.
Others say it is an obligation for the
researcher or the jurors to make sure before
they give an answer based on something which
is universal,
that they look for something that may restrict
it.
Right? That the divorced women,
they have to hold themselves from marriage
for 3
They have to withhold themselves from marriage for
3
We know the difference in a plural, no
need to talk about it now.
So that wutullahqaat
is a plural, female plurals,
right? Sound female plural. And also it has
an edificial lamb. We learned that that means
it's am.
But then we go to Surah Talaqulah says
what we learn to
as for pregnant women,
the period that they have to wait.
Right. Is until they deliver.
So
those
women that are set to deliver, those expectant
mothers,
their
waiting period after divorce
is different than those who are not pregnant.
So applies to those women
who are not
expecting.
As for all that,
is until they what? Until they deliver.
So that means that pregnant women are excused
from while
they are evicted, excuse me, from
another example Allah Subhanahu Wa Ta'ala says, kuluktaimi
can a hill and the bani is raw.
Eat a ilama how rama is raw.
Eat a rama. That's it.
Was permissible except
what
had
he
deemed to be forbidden.
So Alhamdulillah
now you have few examples to show you.
There's many more but just to help you
conceptualize how it works.
He defines Al Ami says
excuse me he defines Al Khas he says
that the
evictor
is what is in opposition.
The opposite of what?
A universe.
The universe.
It's not really a definition, right? This is
more of a lesson if you know what
that is. Barakal Afiq Wa Assalamualaik InshaAllah in
the future where we study more books of
Surufak especially the Taqrib of Imam ibn Juzay
you'll take from the study of logic what's
needed.
Oh, he says
It's not really a definition. Why? Because he
wrote a book for, like, Khalas. He wrote
a book
for beginners.
But you you remember, we know that there's
a difference of opinion about the definition of
an and I gave you the definition of
Imam ibn Hajib
from his Muqtasul he says
Okay. My God.
Rahim Ummah. He said that is a is
a phrase which, remember,
which
submerges
all of its Efrat under it.
You defatted Waheda in with one word, like
one word like insan,
right, or
for
example.
That was just not
submerged, if you will, give me a little
omidi,
all of the efraad components of its universe.
To evict some of the components
of a universal word.
Then
he says, well, what
then the Imam Al Haramain is such a
genius. You know, keep in mind, this is
before a lot of the terminology became standardized.
So you're dealing with someone that's such an
intellectual giant. Imagine he's at the at the
kind of the forefront of all this, having
to put this together. So he says what
what what what Tarsis,
who are Tameez, Bardi, Al Jumalah. What does
it mean?
That that Tarsis, the process of evicting is
where you were to
make exclusive certain components
of a universe.
So that takes us now to the next
part, and that is the the the the
2 types of
Has.
So
Has,
the connected and disconnected Has, we're gonna talk
about that next time