Tom Facchine – Preparing for Ramadan #5

Tom Facchine
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The speakers discuss various issues related to fasting during pregnancy, postpartum bleeding, and addressing problems of privacy and misunderstandings with alcohol. They emphasize the importance of finding ways to extract evidence and find ways to avoid mistakes and confusion. They also touch on legal regulations and the need for penalties for breaking fast, as well as issues of interpretation and consensus in law. The conversation ends with a brief advertisement for coffee and a drink.

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			Okay, got a good amount of guff tonight and so a lot going on are him and handling. I mean are
salatu salam ala Ashraf MBO on most of the novena but once you know Muhammad Ali
		
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			Allah Houma Linda we may encounter when fat and I'd be tempted that was even and the adult but I
mean, as salam aleikum, wa Rahmatullah to everybody, welcome to our
		
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			second to last edition of preparing for Ebola. We've been into the
		
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			the thick, of from of Ramadan of fasting in Ramadan, and we've almost made it to the end. Next week,
we're going to be having a class that is exclusively for women's issues, and stration and whatnot.
We will cover some women's issues today in sha Allah. If you recall, we were talking about
		
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			this three major themes that issues of fasting revolve around the first had to do with issues of
time, right? When does fasting begin? When does it end, both per day, and the month of Ramadan,
looking at the moon, all these sorts of things. The second, the second part is, what do we refrain
from. And we talked about the things that are the points of consensus, such as food and drink, and
sexual intimacy. And we talked about issues that are
		
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			disputed, such as injections of various sorts, and medicine and other sorts of things that enter the
body,
		
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			either enter the stomach and aren't nourishing, or enter the body elsewhere, then the stomach and
are nourishing, or the last possibility enter the body through some other means other than the
stomach, and also are not nourishing. So we talked about all of that before.
		
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			And then we started getting into.
		
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			And then the last, the third theme was issues of intention, and media. And that was very, very
brief, there wasn't really very much to discuss there. Other than
		
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			not to stress about it too much. Preparing for the whole and doing these sorts of things is all
martaba it all counts towards your Nia, it's an indication that you have an expectation upon
yourself that you are fasting Ramadan. So everything else that had to do with Ramadan and fasting
Ramadan had to do with two things. Okay, issues where there is a Vidya
		
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			or a lot, or a fella. Okay, and we talked about these three things and what they represent. So
issues of cobalt, cobalt means you have to make up the fast. Right? So these are your temporary
illnesses, right? Traveling, and things of that nature. And we talked about all the different issues
that have to do with that. What if you're traveling in the middle of the day? What if you arrive to
your destination or your home in the middle of a fasting day, et cetera, we won't rehash that.
		
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			And then we talked about issues of fibia. Okay, fibia is our is a payment, something paid in lieu of
fasting. So this is for chronic illnesses, things that are not expected to ever be cured, or
recovered from. And we talked about the difference between Abu Hanifa and the gym Hall about paying
fifth yet either the value of it cash or paying actual food. We talked about.
		
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			Also the dispute between the exact amount of food
		
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			and et cetera, et cetera, et cetera.
		
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			What's left is talking about issues where the scholars disagreed how to categorize
		
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			the type of allowance so the first issue we're going to deal with are pregnant women, and
breastfeeding women, women who are nursing their infants. What's the proper way to
		
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			a well, this is good. So the say is mashallah they anticipate my the first issue. So the first issue
we have is how to characterize pregnancy and breastfeeding.
		
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			What are we going to liken it to? Are we going to liken it to a temporary illness such that it's
going to be relieved and therefore the
		
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			A pregnant woman or the nursing woman only has to make it up? Or is it something more like a chronic
illness?
		
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			Where that it needs to be paid for with a fifth year of feeding people? Or is it something in
between or something else entirely and I had promised you all upon your request that we would treat
this class more like the Hello thoughts of Abu Hanifa where he would put out issues to the students
and they would give their opinions and then we would go through kind of the evidence and mix and
match so I would like to hear what you've heard and what you think should fasting women
		
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			a excuse me fasting whether should pregnant women and nursing women a simply have to make up the
fast
		
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			be have to pay the video instead. And only the fifth yet? Feeding a poor person a meal for every day
that they missed. Or see
		
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			both fibia feeding and make it up? Or some sort of D which is some sort of other answer. What do you
think what are your thoughts?
		
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			And if you would,
		
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			like to why okay on the CSS? Okay, we have a b
		
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			Yeah, well, this is a cop out habibi.
		
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			Nobody here is an expert. I've studied a little bit humbly Allah. I'm asking you what you've heard.
What are your thoughts? What seems natural to you? Because this is this is interesting. And you'll
be surprised that some of the things that just appear to us are actually the same sorts of ways that
remember that thought about things
		
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			I'm not asking you for fat too, so don't worry. You're not going to be held to account Yeah, Mafia,
Masha, Allah.
		
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			Allah,
		
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			Islam
		
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			will have it takes the safe way. That's actually what email Matic used to Say Subhan Allah. When EMA
Matic I came along was asked about issues of menstruation. I asked myself look at this Rozet
Mashallah. The key?
		
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			Imam Malik, when he was asked about issues to do with menstruation, he would say this selling this
or that ask the women
		
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			you wouldn't want anything to do with it. So
		
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			we have a disciple of Imam Malik here.
		
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			Mm hmm.
		
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			Good. So the CHE family has added in addition to their suggested answer, a
		
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			Itami. In a reason. Why is pregnancy and breastfeeding more similar to for example, if we're saying
that only fit DHEA is required of them, because it's something that is successive for many women,
right? If you tag together back to back to back, the periods of pregnancy and the periods of
		
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			nursing and then maybe pregnant again, nursing again, right? Like it can stretch for multiple years.
And so it can seem like it can seem like a chronic illness in that it lasts for a very long time.
		
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			Very good.
		
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			All of these opinions are
		
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			all of these opinions are found within the classical aroma talking about this issue. So we have
narrations from Eben aroma and Evanov best of the Aloha uncommon
		
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			that
		
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			all women who are pregnant and breastfeeding have to do our pay the fifth Yeah.
		
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			That's it, and exactly precisely for what was said because they likened it to a type of chronic
illness that takes such a long time, that it's burdensome
		
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			to make up after you've accumulated accumulated accumulated all of these sorts of things
		
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			as her Abu Hanifa Rahim Allah
		
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			he was of the opinion, he likened it to an illness from witches. Recovery is expected.
		
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			And so he said that
		
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			pregnant women nursing women, they have to make it up and that's it. No fifth you
		
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			asked her you have a Shafi and you know atman Rahim Allah
		
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			they said that
		
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			pregnant women and nursing women if they're going to skip out on the fast which is optional, okay,
like there's nothing saying that you have to fast. This is a common a common misconception that
women have. You do not have to find
		
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			asked if you are pregnant or nursing, this is your choice. Okay.
		
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			They said that pregnancy and breastfeeding was something that's in its own category that resembles
both. And so the Athan the safest thing to do was to do both
		
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			was to fast and to pay the video
		
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			to, to make up the fast kebab, and video and they also have a hadith, or rather the statement of
even our best,
		
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			which is subject to dispute
		
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			where he said to basically this much that a woman who is pregnant for nursing should do both of
these things. However, we run into a problem, and maybe maybe you've caught it.
		
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			That's didn't we just say that Evan a bass had a separate opinion.
		
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			Even a bass is actual narrated opinion, contradicts this narration because Evan a bass, Radi Allahu
Anhu was of the opinion that a woman in such a situation only has to pay the figure and not make up
the fast a lot. So this is one of the reasons why the scholar is different over this issue.
		
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			And every woman should be comfortable to make the decision herself as to what she feels capable of.
It should be no pressure
		
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			to fast if you are concerned about your own health, or the health of your child.
		
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			And women are different. As Mohammed said, some women experience fasting during pregnancy, as if
it's nothing.
		
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			And some women experience pregnancy as such a taxing experience that's too fast is unthinkable.
		
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			And the same thing with nursing. And so every woman needs to pay attention to how her body feels.
Get the recommendation of her doctor even Yes, good idea. And take the path that's more comfortable
to her. However, at least know that you have scholars in your corner and evidence and classical
opinions in your corner whatever you choose.
		
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			Any questions about that particular? Issue?
		
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			Yes, exactly. Fit. Yeah. Only fit. Yeah. And Fast. Fast. Right. And by faster meaning called making
it up after the term of pregnancy. And or breastfeeding is over. Yep. So three options.
		
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			Very good. Okay, let's get to a different type of
		
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			a different type of scenario. So now we're crossing over from fibia, which is something that is an
allowance, something that's excused, and we're getting into kuthodaw. Okay, what's kuthodaw cathedra
is a penalty. So it's paid
		
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			once you've violated one of the rules of fasting, by doing something during a time in which fasting
was obligatory for you, that you shouldn't have done. Okay. The first issue we deal with is what is
required? What is required of somebody who has
		
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			intimate relations with their spouse during the daytime,
		
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			in Ramadan, on purpose, okay, we're gonna get to issues of if you forgot, or if it was an accident,
or if you were, for example, the woman and you were kind of fulfilling your duty. But your husband
wasn't since insistent, yes, we're going to get into that. But first, let's just take one snapshot
of this issue.
		
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			Your you intend, you realize that you're fasting, it's during the day during Ramadan, and you break
the rules of fasting by being intimate with your spouse, and we're talking about going all the way
		
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			what should you have to do? What's the penalty?
		
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			Brother Mohammed, the author clarify a little bit what you mean.
		
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			The yoga mat include women in the discussions about women's rights and verdicts. I'm not sure
exactly what you mean.
		
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			If you want to unmute yourself and explain or you want to type again and explain, I'm all ears
		
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			Okay, kuthodaw Feeding 60 people. Okay? That's one thing.
		
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			What else do we have?
		
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			Fast thing? 60 consecutive days. Okay, very good.
		
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			What else do we have?
		
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			This is all part of the confederal, by the way.
		
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			Good. Is it either? Or is it something you choose? Or do you have to do one?
		
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			And then if you can't do one, it moves to the other.
		
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			It depends on the issue Mohammed, like so if we're talking about menstruation,
		
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			or
		
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			we're talking about postpartum bleeding? Right? All of these things affects women. Yes, of course,
they go to him.
		
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			And they go to doctors, and they go to medical researchers. And they ask them, you know, like, what
are the typical duration of a period? What's the smallest duration of a menstrual cycle? What's the
longest duration of a menstrual cycle? What's the shortest
		
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			duration of postpartum bleeding? What's the longest these sorts of things? So yeah, there's
consultation.
		
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			Good. So when somebody violates, okay, this particular they're fast in this particular way, then
		
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			the vast majority of scholars
		
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			Oh, Mashallah. Thank you for the question. The vast majority of scholars say that two things have to
happen. First is pub Ah, okay. A person who breaks their fast in such a way has to make up that day
of fasting that day of fasting is ruined. Okay, so they have to make up that day of fasting outside
of Ramadan. The second thing they have to do is they have to pay a penalty, what type of penalty
there's a very, very specific Hadith Hadith writer in both sahih al Bukhari and Muslim that says
that there's three possibilities, but they exist.
		
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			In tough, deep, right, there's a there contingency plans, the first thing, because this happened to
somebody during the time of the prophets of Allah when it was done, the first thing is to free a
slave. Okay?
		
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			We're not going to really find slaves today, according to traditional definitions of what that
means. The second thing that you do, and it has to go to this one first, according to the majority
is to fast 60 consecutive days outside of Ramadan as penalty and if you are unable to do that then
to feed 60 people
		
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			and there's not really much of a say def in that issue. There's other things that are narrated from
some of the stuff but all four schools of law
		
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			are agreed on that issue.
		
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			Now, here's a question and here's a yes or no question that this fella that we we talked about,
okay?
		
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			This order, first free a slave if you can't do that, or if you can't find one fast 60 days
consecutively. If you can't do that you're not able to feed 60 people
		
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			we know that this is the penalty for breaking your fast via intimacy on purpose.
		
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			Does the same penalty exist for breaking your fast with food and drink on purpose?
		
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			What do you think? Yes or no?
		
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			Everybody understand the question. Okay, good. We have a yes. So SR mir says if you eat
		
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			on purpose during the day of Ramadan, you have to go through the same penalty either for your slave.
If you can't do that fast 60 days consecutively. If you can't do that, then feed 64 People
		
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			say family says not very good.
		
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			So you say your family, I like the way that you're thinking, no, no. So the say a family alerts us
to something very important. Okay, if a woman is menstruating, she cannot fast during her
ministration. And so therefore, it's not possible for her to fast 60 consecutive days. Is that a
loophole that she gets to go right to?
		
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			The third option, which is feeding? No, we're talking about days in which fasting is possible or
obligatory. So it would take a break, there would be your right, a break for a menstrual cycle, but
all all women's Elementary, right? And so we can't say that women categorically jump right down from
		
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			fasting 60 consecutive days to feeding 60 people. I like the way you're thinking like a jurist,
masha Allah.
		
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			This is an issue in which the schools of law are split right down the middle. Okay, if someone eats
or drinks on purpose during Ramadan, they are aware that they're fasting, they're aware that it's
Ramadan, and they quit.
		
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			Do they have everybody agrees that day of fasting is ruined? They have to make up that day.
		
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			But do they also have to pay the same penalty? As somebody who was who broke their fast via
intimacy?
		
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			I will Hanifa and Matic
		
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			said yes, they do. They have to free a slave. If they cannot free a slave then
		
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			they fast 60 days consecutively.
		
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			And if they cannot do that, then they feed 64 people email Mushaf theory and Atman. They said no,
that that confounder that penalty is exclusively for somebody who breaks their fast via intimacy,
and not for somebody who eats or drinks. And so they only have to make up that day.
		
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			What if someone breaks their fast via intimacy, but they forgot?
		
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			What if they wake up in the morning?
		
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			And they you know, they feel moved to you know, share an intimate moment with their spouse?
		
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			And maybe it starts before federal but then it is still going on finishes after federal
		
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			such a person have to pay the penalty, or No.
		
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			Does it affect things that someone forgot? actually forgot?
		
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			Or let's say wasn't aware.
		
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			Day is gone doesn't have to pay
		
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			that is the opinion of malloc.
		
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			The opinion of athma is that he has to do both or she has to do both.
		
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			Okay, so we're talking about
		
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			make up for the date and pay the penalty. And the opinion of Oh Hanifa and a share theory
		
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			is that
		
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			they don't have to do anything.
		
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			No penalty and no cabal
		
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			because of the general rule about things that are forgotten
		
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			the prophets I saw them he said and this hadith in Sahih Bukhari and Muslim men NESEA wa who I saw
him the Akela are sharing value timolol Sama, who for in the amount of ama hula, who was Safar who,
so this hadith is not sorry. So he talking about eating and drinking. It says that you have someone
is eat and this answer is another problem for us. If somebody is during a fasting day,
		
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			and they eat or drink by mistake, they forgot. Then the Prophet sallallahu alayhi wa sallam himself
said that it says if Allah fed that person or quench that person's thirst, nothing
		
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			is required of that person doesn't need to make up that day, doesn't need to pay a penalty. And so I
will Hanifa and the sheriff he said if that's for eating and drinking, then it's also for the third
thing. It's also for intimacy.
		
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			What about what about the situation of a wife?
		
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			We know that there are certain conjugal expectations or conjugal duties upon
		
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			women in marriage
		
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			If a husband is insistent upon a moment of intimacy with his spouse, and his spouse seeking to
please Allah, by pleasing her husband relents and allows it does she has to pay this penalty, even
though it wasn't her idea. It wasn't her initiation.
		
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			Again, we're split right down the middle. Hey, Mama Shafi. And often they say that no, she has
nothing to do with it. And so she doesn't have to pay any sort of penalty or anything like that.
		
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			Whereas Abu Hanifa and Malik that said, Yes, she does, it takes to
		
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			according to Abu Hanifa, and men.
		
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			Okay, we cover that issue,
		
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			how much food we cover that issue as well.
		
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			Anyone have any questions up to this point?
		
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			We're nearing the end we're almost there.
		
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			Okay,
		
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			what happens? What do we do with somebody who has multiple infractions?
		
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			They break the rules of fasting multiple times.
		
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			Okay. There's some tough legal here. We have different situations, there's consensus that if
somebody for example,
		
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			they break their fast, knowingly via intimacy with their spouse,
		
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			and then they pay the penalty.
		
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			And then they do it again.
		
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			Then they have to, let's say they go out and they free a slave
		
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			somehow, in some place in the world or some time period, then they come back and they do it again,
before sundown.
		
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			There's consensus that that person has to penalties to pay.
		
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			Okay, no problem.
		
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			They also agree, all scholars each map
		
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			that
		
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			if somebody repeats the ACT several times in one day,
		
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			before they've paid any sort of penalty, somebody they break their fast via intimacy.
		
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			And then they do it again.
		
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			And they do it even a third time.
		
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			And they still have not paid a penalty for the first time, then upon them is only one penalty, they
do not stack up. And that's mercy from Allah final.
		
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			However, what if somebody
		
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			breaks their fast on multiple days via the same sort of act of intimacy, and has not yet paid a
penalty for the first one.
		
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			It's the first day of Ramadan, in the middle of the day, they're intimate with their spouses, breaks
their fast, requires a penalty, hasn't paid the penalty. Second day starts the fast same thing
happens. Does the penalty stack up?
		
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			The majority says, Yes, it does. That's the school of magic and the Sheffy and athma. Rahimullah
where the penalties will add up and accumulates or is our Hanifa Rahim Allah. He said, No, they will
not. Brother Mohammed says so if the exact scenario didn't happen, and get recorded during the time
of the Prophet salallahu Alaihe Salam, they have to get together and come up with the best most
educated decision. But as the thought that if it is split down the middle and your intentions are to
follow the ruling that even if it is wrong, technically that last one was out of luck set that is
correct. Yes. Short answer yes.
		
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			For us, they say I'm me. Lemon Hello. Right that if you're taking the position of a scholar, whether
it's a scholar that you know, in person,
		
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			or whether it's one of the classical scholars, such as the meth head entirely, or the meth labs
founder, then you're covered. Why? Because you are able to live you don't you don't have the tools
to be able to extract rulings come from a Koran from the sun.
		
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			Right.
		
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			And the Anima that undergo training
		
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			And they have this ability, the ability for HDS.
		
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			To gather all of the relevant evidence to determine in the first place, what is relevant evidence,
there's differences of opinion about what is relevant evidence and what isn't relevant, relevant,
finding evidence, and then come to a conclusion based off of that,
		
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			your job is just to pick one and follow it.
		
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			And my job as just a, someone who studied a little bit is to make you aware of the room, you have to
maneuver.
		
00:30:36 --> 00:30:46
			Some might not like the style of covering the thick of anything, some people would prefer that I
come and just tell you to do this simple.
		
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			That would be true, that would be a fine way to do things. But when you combine people from
Pakistan, and people from Egypt, and people from Burma, and people from India,
		
00:31:01 --> 00:31:06
			and people from Somalia, okay, if I'm just going to teach it one way,
		
00:31:07 --> 00:31:15
			I'm going to end up bringing things that are completely alien to somebody, they're gonna be like,
well, that's not what I heard growing up. And that's not right.
		
00:31:17 --> 00:31:31
			And then the second problem happens, which is that if you only know one way to do things, and you
live in a diverse community, such as ours, you go to the masjid or you go over someone's house and
you see someone doing something different.
		
00:31:32 --> 00:31:36
			Your first thought is, I need to tell this person that what they're doing is wrong.
		
00:31:39 --> 00:31:41
			And so the purpose of explaining
		
00:31:42 --> 00:31:53
			the purpose of explaining how the other man looked at these things, and how much flexibility there
is, is to develop appreciation.
		
00:31:54 --> 00:31:59
			And to understand that it's not always an issue.
		
00:32:00 --> 00:32:10
			It's not always an issue. That is right and wrong, that there are different ways to do it. Can you
follow different muda had across different issues?
		
00:32:12 --> 00:32:25
			Depending on your intention, yes, there are some people that abuse this, this sort of idea, because
they're always looking for like the least common denominator. So we make a joke, right? If you have
a marriage contract, you can.
		
00:32:26 --> 00:32:46
			And if you follow the most permissible opinion on every issue, then you can come up with a marriage
contract that nobody said is correct, in totality, because Malik said that it's the witnesses are
not required. And Abu Hanifa said that the Willie is not required, and
		
00:32:47 --> 00:33:13
			so on and so forth. So if you mix them all up and come together with the intent to kind of find a
loophole, and this is sinful. But if you listen to different rationales and different evidence, and
you say, You know what, yes, I you know, I'm from Pakistan, for example, we're Hanafi. I follow the
Hanafi school on most things, but in this particular issue, I really, really sympathize with Mr.
Musharraf for ease rationale,
		
00:33:14 --> 00:33:19
			then there's nothing. Inshallah that's wrong with following that.
		
00:33:21 --> 00:33:28
			And if someone says that people nowadays are using differences of opinion to say that there's a
contradiction in the snap,
		
00:33:29 --> 00:33:33
			then this is something that's very, very superficial assessment. Okay.
		
00:33:35 --> 00:33:37
			Why is it superficial? Because
		
00:33:39 --> 00:33:41
			contradictions happen in theology?
		
00:33:42 --> 00:33:43
			Okay.
		
00:33:44 --> 00:33:46
			Hubba versus insha? Allah.
		
00:33:48 --> 00:33:52
			If Allah were to tell us, for example, that he is one.
		
00:33:54 --> 00:33:59
			And then later on, he were to tell us, no, wait a second. He's not actually one. He's three.
		
00:34:00 --> 00:34:01
			That's a contradiction.
		
00:34:03 --> 00:34:06
			Okay, this is something that's small, this is something blameworthy.
		
00:34:07 --> 00:34:20
			However, when it comes to in sharp, when it comes to what is our responsibility? What's the action
that's required of us, given the reality that Allah's pounds Allah is informing us of,
		
00:34:21 --> 00:34:23
			then this comes down to
		
00:34:24 --> 00:34:28
			either issues of consensus or issues of interpretation?
		
00:34:30 --> 00:35:00
			Issues of consensus, we've talked about them, that's the strongest that gets issues of
interpretation. Of course, there have to be different interpretations and the read on that have
tried very hard to distill and codify the rules for what makes an interpretation valid, and what
makes an interpretation invalid. Right. So there's no contradiction when it comes to. Yes, there are
different interpretations of things, even scientists today, you do a study
		
00:35:00 --> 00:35:06
			The different sciences can have different interpretations about the same set of data. Is this a
contradiction?
		
00:35:08 --> 00:35:21
			No, it's an interpretation. And in fact, the vast majority of times you'll find that there are 11
that are dealing with the same Adela, the same evidence, but they're looking at it and interpreting
different things or taking away different things from
		
00:35:23 --> 00:35:32
			and at the end of the day, we are only held responsible for what we're able to do and for our Nia
for our intention. So if we intend well, and we're interested,
		
00:35:33 --> 00:35:47
			we're interested and we're trying to follow the truth, what makes the most what's most convincing,
then Allah is going to have mercy on us we expect and we have personally learned about Allah azza wa
jal.
		
00:35:53 --> 00:36:09
			Right, very good point, Sheikh family that this mechanism of interpretation is also what provides
flexibility to Islamic law I was talking with with Adi Kabir this morning, it could be or comes in
Sunday mornings, and we talk shop and study together.
		
00:36:11 --> 00:36:14
			And subhanAllah, sometimes even a minority opinion, and
		
00:36:16 --> 00:36:22
			will become apparent how strong it is, after centuries of history. I'll give you a very small
example.
		
00:36:24 --> 00:36:31
			In the book of jihad, right, there is an issue or there's a question that the scholars ask, we know
that
		
00:36:33 --> 00:36:43
			in a battle, Muslim soldiers are not allowed to run away retreat, in general. But there's a certain
time or a certain
		
00:36:44 --> 00:36:51
			there's a certain time in which it is permissible to retreat. And due to the I think, either in sort
of unfairness sort of Toba.
		
00:36:52 --> 00:37:03
			Most scholars opine or take the position that if the opposing army is twice as numerous as the
Muslim army and the Muslim army is allowed to retreat.
		
00:37:04 --> 00:37:27
			Imam Malik has a minority opinion that says it's not just based off of number, but it's also based
off of strength of force. And back then they only had horses and camels and swords and shields and
arrows, right. But now we've reached a time where some countries have jets and some countries have
nuclear weapons in some countries have, right? The
		
00:37:28 --> 00:37:51
			stratification or the inequality between forces of army is way more now than it was in the pre
modern period. And so we see that the interpretation of medic had some really important insight that
we can now avail ourselves of in these times. And there's many issues like this, but I could talk
about was sort of luck and legal theory all day.
		
00:37:52 --> 00:37:58
			And we have just a couple issues to get back to when it comes to fasting and Sharla. Before we
finish the book, there's only a few.
		
00:38:00 --> 00:38:11
			Okay, so we covered that issue about do the penalties stack up if they are if they occur on
different days. And Abu Hanifa said, No, the majority said yes.
		
00:38:17 --> 00:38:21
			Okay, we said that there is a certain order that you have to go in.
		
00:38:23 --> 00:38:24
			When it comes to
		
00:38:27 --> 00:38:32
			the cathodic the penalty, somebody is intimate with their spouse during the day of Ramadan.
		
00:38:34 --> 00:38:47
			They break their fast, they're not they knowingly, they have to free a slave, okay, there's no
slaves, they have to fast 60 days consecutively. Can't do that too hard. They have to feed 64
people, but say that they're poor.
		
00:38:49 --> 00:39:08
			by consensus, if the person is not able to do it, then they have no penalty to pay. And this is
actually the pneus of the Hadith. Right, the situation that happened at the time of the prophesy. So
then this is exactly what happened. The man who came to the prophesy centum he didn't have any
money. He was poor. He didn't have anything.
		
00:39:09 --> 00:39:15
			And so he was forgiven from following this sort of order. Okay.
		
00:39:16 --> 00:39:21
			But what if we have someone who's poor and then at a later date,
		
00:39:22 --> 00:39:23
			they
		
00:39:24 --> 00:39:38
			become rich or become wealthy enough to be able to afford paying that penalty from Ramadan's gone by
do they have to pay the penalty? retroactively? Yes, or No?
		
00:39:54 --> 00:39:58
			Yeah, yes and no. And those are the two opinions in the in the masala
		
00:39:59 --> 00:39:59
			say family
		
00:40:00 --> 00:40:00
			says not
		
00:40:04 --> 00:40:06
			all of those yes question mark
		
00:40:09 --> 00:40:11
			no majority in this issue said yes.
		
00:40:12 --> 00:40:35
			I will Hanifa and Malik and a Shafi they said yes, if the person becomes wealthy enough so that they
can afford it, bins entire life, then he has to pay that penalty. Whereas, mm Ashman Rahim Allah, He
dissented from the majority, and he said, Nope, he does not. It's wiped clean from his slate and so
he's got nothing to do with it.
		
00:40:36 --> 00:40:38
			That's not relevant to us.
		
00:40:44 --> 00:40:54
			Similar situation, but a little bit different. What about somebody who breaks their fast in an
illegitimate way?
		
00:40:55 --> 00:41:08
			They're intimate with their spouse at 10 o'clock in the morning, okay. And then something happens to
them later on in that day, which permits them to break their fast. Let's say they they fall ill
		
00:41:10 --> 00:41:13
			or something else they travel?
		
00:41:14 --> 00:41:16
			Right, is this sort of thing?
		
00:41:18 --> 00:41:25
			Does it excuse the infraction or the violation that happened earlier in the day?
		
00:41:45 --> 00:42:12
			Right, this issue seems a little bit more straightforward than the last one. And the majority said,
what you're saying no, this doesn't excuse it. They still have to pay the penalty. The dissenting
opinion was Abu Hanifa Abu Hanifa Rahim Allah He said, Now the day is taken as a package. And if a
person has a legitimate excuse later in the day, that it wipes out the kuthodaw that was due earlier
in the day
		
00:42:17 --> 00:42:27
			let's say for example, okay, che family says something interesting. I'm gonna get back to that I was
hit these two issues and the last issues and then whoever wants to go can go and then I'll, I'll
deal with that.
		
00:42:28 --> 00:42:31
			Let's say someone's making up they're fast. Okay.
		
00:42:33 --> 00:42:34
			They
		
00:42:35 --> 00:42:38
			are maybe they missed a day of Ramadan
		
00:42:40 --> 00:42:43
			because they were sick, or because they were traveling.
		
00:42:44 --> 00:42:53
			So they're making it up later outside of Ramadan. What if they break their fast intentionally during
that makeup fast?
		
00:42:55 --> 00:43:00
			Do they have to pay the same penalty as if it were in Ramadan?
		
00:43:20 --> 00:43:49
			All four schools of law agree on this issue. There's other Tabby rain and Salah who, who have other
opinions, but the four schools of law said that no, no penalty. The penalty is specifically for
violating the sanctity of a month of Ramadan. And if you're making up a fast outside of Ramadan, it
doesn't have the same sanctity. And so even if you break it intentionally, you simply have to make
up that day of fasting and you don't have to pay a penalty.
		
00:43:53 --> 00:44:04
			This is a good one. We hear about this. Every Ramadan. Somebody who lies or somebody who mocks other
people during Ramadan. Have they broken their fast or no?
		
00:44:16 --> 00:44:18
			Almost like that almost.
		
00:44:20 --> 00:44:22
			Of course, it's not great. It's a sin.
		
00:44:23 --> 00:44:24
			But those that break the fast
		
00:44:25 --> 00:44:31
			here's the source of doubt. The source of doubt is the Prophet Mohammed Ali Salam he said scmo JANA
		
00:44:33 --> 00:44:35
			the fifth one a huge hurdle.
		
00:44:38 --> 00:44:41
			He said that the fast is a shield.
		
00:44:42 --> 00:44:44
			And so when he's fasting, he shouldn't
		
00:44:45 --> 00:44:48
			say idle things or harmful things.
		
00:44:50 --> 00:45:00
			But the vast majority of scholars and all four schools interpreted this hadith as not a strict
prohibition but a wreck.
		
00:45:00 --> 00:45:00
			mendation
		
00:45:01 --> 00:45:12
			are a discouragement and so they said that no, even if lying and treachery and slander and all these
sort of thing is haram and even a major sin, it does not break your fast.
		
00:45:14 --> 00:45:29
			And so you do not need to make it up. Okay, previous questions. And that's the last issue of the
chapter in sha Allah. We'll deal with issues that are specific to women. We covered some of them,
but mostly issues of menstruation and so so on and so forth. Next week.
		
00:45:32 --> 00:45:39
			Same rule for Sunday fasts. That was a question from the sheikh family, you're talking about
breaking a sunnah fast.
		
00:45:41 --> 00:45:44
			Um, that's an area of difference of opinion as well.
		
00:45:45 --> 00:45:47
			Nobody said that you have to pay a
		
00:45:48 --> 00:45:49
			penalty,
		
00:45:50 --> 00:46:14
			as in Ramadan, but there's a difference of opinion as to whether you're sinful or not. Okay, and I
believe a sheffey and admin say that you're not sinful that this is you're allowed to do it to break
and a non obligatory fast at will, for any reason. Whereas Abu Hanifa and Malik, if I'm remembering
correctly say that no, you're sinful for doing so. And you're required to complete your, your fast.
		
00:46:15 --> 00:46:15
			Um,
		
00:46:17 --> 00:46:27
			and the last issue for those interested the sheikh family had also brought up about is can we call
debt slavery? Or can we imagine modern forms of slavery?
		
00:46:30 --> 00:46:35
			Would that be considered freeing a poor person, somebody's in a debt trap?
		
00:46:36 --> 00:46:38
			And the short answer is, I don't know.
		
00:46:39 --> 00:46:43
			I'm intrigued. I've heard this idea before. I'm interested in that the idea
		
00:46:44 --> 00:46:47
			but I need to research it more to
		
00:46:49 --> 00:46:58
			to come to any sort of clarity on whether I can say I lean one way or another. Obviously, this
wasn't a classical issue.
		
00:46:59 --> 00:47:04
			I'm not aware of its presence in any of the classical books. It seems like a more modern issue.
		
00:47:06 --> 00:47:09
			Though I could be wrong about that. That would also take research
		
00:47:10 --> 00:47:16
			but I'm not I'm not aware. I need to do some reading. Good question. Anyone else any questions?
		
00:47:29 --> 00:47:39
			Meanwhile, yeah, thank you very much everybody, Mashallah. We got through everything. We're skipping
babble to cath because COVID regulations make it impossible this year. Anyway.
		
00:47:41 --> 00:47:51
			Inshallah, in future years, we'll come to that. And pleasure to have you all with us. Very good
turnout tonight. Thank you for showing up. And we'll see you soon in sha Allah. Assalamu aleikum wa
rahmatullah.