Suhaib Webb – Usul alFiqh Reading
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So last time we started to talk about
adila,
and they gave us the linguistic definition of
a, which is the pearl of.
As we talked about, when we mentioned,
we had.
So if you can read again one more
time,
you know, Sayuri,
the technical
definition
of.
Here, something important also. This is Hamza.
Usually, when you find,
not always, but usually,
when you find the preposition
in,
it's it it carries the meaning of a
condition.
Mhmm. Mhmm. So, like,
Like, it means, like,
Okay?
Mhmm. So here,
between me and you personally,
and I'm nobody, but as a student, I
prefer
when they don't when they use,
And the reason Okay.
So I believe, like, beginners, if it's in
the present tense with the subject, it's easier
for them to follow.
And when
you
But when you say,
like, this is for beginners.
So they might not necessarily know who's the.
Right.
You understand? Just like a small
maybe it's a dumb point, but I've just
noticed in teaching now,
people the more they know, the better.
Right? And if the goal is to sow,
the argument is that this is formed in
a way to make the reader stop and
ask questions, which also makes sense. Like, man
man.
You know? So it's there's also, like, a
beauty
to that. And, of course,
is something that people miss out on. It's
kinda like.
Mhmm.
Like, it has to be the correct process
of thinking.
Yeah.
It can't just be any way of thinking.
So, like, what is going to direct us?
Meaning, what here is a text or an
action of the prophet
that someone is employing the proper methodology of
examination and thinking and pondering
that leads to a Sharia ruling.
This is Dalil.
Last time I mentioned, I think, the statements
of,
Sharif atil Masani
in his book,
where he says that the conditions of a
daleel are 4.
Number 1, it's Sahih.
We're talking now only about Hadith, Quran, Sahih.
Number 2 is
that
Mhmm. That there is a relationship between
the Dalil and the Madlu.
Number
3,
which means that the evidence is not abrogated.
And then finally,
That, like, that
point that a person is making with that
evidence, that evidence
can stand against, like, peer review.
Like, no. It's not. It's.
No. It's not. It's.
No. It's. No. It's. Right? It can stand
that critique of, say, other
scholars
so that it comes out at least on
from the perspective of that thinker,
that scholar,
like, they're standing on solid ground.
You understand what I'm saying? Yeah. Okay.
So that's the conditions of Dalil.
Number 1,
that it's
Sahih
or
also.
There is a strong
contingent of classical scholars that say, well, if
the outcome of is an unassailable ruling,
then that Ijma' has to be.
Like, it has the the the there's people
have to have certainty in that. So there
should be a
of the like there's a of Hadith.
A of
the Yeah. Like, it has to be it's
It shouldn't be unknown.
Like, it should automatically be.
Sure. Sure. It's like an interesting I I
personally agree with it, but who am I?
So,
we say Sahih means sunnah or Sahih means.
Mhmm.
Imam Safarini
says there's over 200,000 times. Of course, this
probably
I saw people say their whether there there
was no.
You know?
So sometimes it's a way to shut the
conversation down. Right? But Ijma also has a
very important role
in the Sharia.
The 3rd,
it's not Mansuha.
And then the 4th condition is that it
can stand
the test of critics.
Right? It can stand the test of those
who may
say, no. I don't agree with you.
And that's where we stopped.
If something just one one question, though, on
the on those 4. If something has,
then can it be critiqued?
Not if it's certain.
Right. If it's
Yeah. Because now it became unassailable.
Right? So it became something like binding
on the community. It's like a.
Okay.
So that's why there needs to be sort
of this idea of some reformist smell of
less than they're sincere, but, like, you know,
is kind of like a a myth or
doesn't exist. No. No. No. Exists when the
process exists.
But there's, like, a compliancy set of issues
that make us, oh, this is It might
us.
And that's rare, of course. Right?
And then he says, well,
to
that the Sharia evidences are 2
types.
So we have to be clear here that
when he says
Meaning as Masadir
Atashriya.
But not Mutafakk
ala dalalatiha.
Yeah. Yeah. Yeah. I understood. Understood. Understood. Understand?
I must not be. Yeah. That's what makes
us.
Like, we agree that these are the four
sources of Islamic law, but it doesn't mean
that we agree on what
those evidences prove.
Sure. Sure. Sure. Sure.
Yeah. It's off.
Okay. Sometimes people, especially
passionate people get confused.
Why are there madhabs? There's no differences. Quran
and Sunnah. No. No. No. Of course, everyone
agrees that the Quran and Sunnah and
are sources of Islamic law.
Particularly, they're going to differ over at times
what those sources mean. A great example
is the hadith of the prophet. Like, if
I could, I would burn down the pieces
the the houses of people who who come
to prayer.
So the Madakis, the Shafi'is, and the Hanafis,
this is their evidence that going to prayer
is not formed
because they say he didn't burn down the
houses.
Yeah. Yeah. The Hanbalis, they say it's
for a man,
to go to Salah, and they use the
same hadith. Yeah.
So the
same master
that can
See that? Yeah. That's a lot.
That's a that's a beautiful example. But it's
so much
You know, this kind of difference is actually
a lot.
Alright. So
So
Sorry.
So he says the second type and whatever
they say,
what they're saying is that
or
and agins can be divided into types. Mhmm.
Khalas?
These are all types.
Of that one genus? Yeah. Of that one
of the genes. That one whole. K? This
is in, but it's good to practice just
a little
as it's gonna come later on in bigger
text. So he
says
If, again, my issue
is the the subject is not mentioned.
It's easier for students.
Like, that's easier for people. Yeah.
A lot.
It's the most famous.
Is juristic
prudence or preference. So there may be, like,
an evidence from the Quran in Sunnah,
but this scholar goes with something else.
It's gonna come
later.
Means something that was
seen as is seen as,
and there's no text
to
say it's wrong
or to say it's right.
But it aligns with the.
That's why it's
from. It's like carrying over.
The keeps
coming.
That falls into 3 categories. We'll talk about
it in the future. Well, it's just hab.
I talked about that in my second talk
on why it's not allowed for Muslim women
to marry non Muslim men.
Actually, the first talk, right, they invoke, it's
just It's not, it's just It's it's just
It's
just The will come later.
Right? But it's just means
the action
So the permissibility like
So before the time of Islam,
during the time of Islam,
and after Islam, means the time of the
prophet, alayhis salaam.
So
that's why jurors say, like, to invoke
is.
Like, you have to make sure you do
a lot of due diligence to make sure
that thing is permissible.
Is a
of a Sahabi is the opinion of a
Sahabi, a or not.
Can we make something that's permissible,
forbidden for a short amount of time, and
it's certain
that it's going to create problems,
that's called so
you block harm.
An example is the wall in the back
of the masjid that people used. Right?
They put a wall in the back of
the masjid to protect some time ago from
from fitna.
But
one of his conditions is it shouldn't be
permanent.
Should not be permanent? No. Unless the is
there. Oh, sure.
The Sharia of those prophets that came before
us,
is it an evidence of Sharia
or not?
You know?
Why are you guys fasting? Oh, this is
the day that Allah
saved Musa and his people.
Musa Minku.
Right? We have more of a right than
you do to this. This is
And we read this actually before. Right? Yes.
That the
condition for these evidences is that either it's
something in revelation,
and that revelation is either going to be
recited or not recited.
What does that mean? Recited means Quran
in salah.
It is not allowed to read it in
Sorry.
So here's what he says actually is really
nice, and he made it so simple, which
is a sign of his brilliance.
To
Right? Yeah.
To bring them together. And almost what he's
saying near here is
almost the exact definition of qiyas given by
Imam al Baidji in his book, Al Ihka.
Al Baji Al Mariki says,
What does that mean?
They'll have to join
one thing with something else
and that here you, Sheikh, is
because of Yeah.
Mhmm. Like
which is shared between them. Sure.
This definition he gave you actually is nice.
It's like the technical definition.
Say
Islam.
The the amount of
interpretation in relationship to the mind is more
here than say.
That's why there's a lot of differences about
it and a lot of differences about what
they mean.
Yeah. Like in Hanakkah inverse,
And
And
Oh,