Yaser Birjas – TaSeel #60
AI: Summary ©
The conversation covers the importance of protecting loved ones with the right language and finding one's brother for a better understanding of one's. It also touches on the history of the Hadith and the importance of loyalty and sharing experiences to avoid wasting time. The speakers stress the importance of finding one's brother for a better understanding of one's, retaliation, and understanding. They also discuss various examples of behavior and behavior related to traveling, traveling for recreation, and traveling for recreation. They stress the importance of reconciling pride in marriage, the concept of id attrition, and the need for mutual decision between the husband and his wife. Finally, they touch on Darar, a harappens scenario where people are in need of buying something and force someone to sell under pressure, and the price of a car is $15,000. Finally, they discuss Darar, a type of harm that causes harm and alworkers' behavior.
AI: Summary ©
Welcome back to our class in which we
discuss the book of Imam Ibn Qudam and
the book of Imam Ibn Rajab, Jamil Ulum
Al-Hikam.
So in the first book, last night we
started talking about the characteristics and the rights
that you should have between you and your
brothers and sisters.
Like what are the rights that you owe
one another as believers, between brothers and sisters.
We covered the first haq, the second and
the third, and tonight inshallah we will be
covering the fourth.
So if you remember, the first three were
about the tongue, but primarily about preserving the
haq of your brother and sister by being
quiet.
Now it's the other way around.
So he's going to be talking about the
fourth duty, which is how to use your
tongue to preserve the haq of your brother
and sister, inshallah wa ta'ala.
Bismillah.
Alhamdulillah wa salatu wa salam ala Sayyidina Rasulullah,
we continue reading from the beneficial text of
our esteemed author with what follows.
The fourth duty is to use the tongue
for speaking out.
As brotherhood necessitates not mentioning that which your
companion dislikes, it also requires to say that
which is beneficial and good.
This is more emphasized in the case of
friends, because if a person is content with
having a friend who refrains from saying what
he dislikes, then he should accompany the dwellers
of graves.
Alhamdulillah wa salatu wa salam ala Rasulullah.
So the author, rahimahullah wa ta'ala, is
saying here, as for the fourth duty is
to use your tongue for speaking out.
Just like we need to be quiet when
it comes to seeing something bad or maybe
assuming something about your brothers or your sisters,
now when you see something right, you need
to speak out.
There is a duty for you to speak
out on behalf of your brothers.
He says, just like brotherhood requires from you
to be quiet about what you don't like
when you see it from them, also requires
from you to speak out when you see
something good about them.
He says, speaking out in good terms and
good times and good characteristics, more valuable and
more beneficial to your brotherhood with this person
than being quiet about what you dislike when
you see something from them.
So speaking out the khair is more important.
Because if you don't speak out, it's like,
what's the benefit, what's the difference between you
and those on the graves?
He's benefiting nothing from you, basically, no.
The reason people choose to have friends and
companions is that benefit is sought from such
relationships, because controlling the tongue means to protect
your companions from the harm of your tongue.
Thus, one should employ his tongue to make
amorous advances towards his companion and check on
him and show his concerns if he is
concerned, and his happiness if he is happy.
Now, so what he says over here is
that, why do we need brothers for anyway?
I mean, why do we need companionship for?
Is it just to go take a cup
of tea with them?
No, you should benefit from them.
And what kind of benefit?
The benefit that will benefit you in the
dunya and in the akhira as well, too.
That's what we need the brothers for.
So if your brother is not really benefiting
you, is not highlighting the good things that
you do and encourage you to do that,
which is well, and being quiet about the
thing that sometimes, you know, they dislike from
you, but also being beautiful to you.
So what's the point of this brotherhood?
What's the point of this relationship now?
It was narrated in the authentic hadith that
the Prophet ﷺ said, if a person loves
his brother, then he should inform him of
that.
And the Prophet ﷺ, he did that.
The Prophet ﷺ, he spoke to some of
the Sahaba about his love for them for
the sake of Allah Azza wa Jalla.
Who knows who's the Sahabi that got that
privilege from the Prophet ﷺ that the Prophet
ﷺ told him, إِنِّي أُحِبُّكَ فِي اللَّهِ I
love you for the sake of Allah.
Mu'adh ibn Jabal, Mu'adh ibn Jabal.
The Prophet ﷺ, one day he was walking
with Mu'adh, قَالَ يَا مُعَاد إِنِّي أُحِبُّكَ
فِي اللَّهِ فَلَا تَذَرَنَا تَدْعَنَّا فِي دُبُرِ كُلِّ
صَلَاتٍ أَن تَقُولَ اللَّهُمَّ عِنِّي عَلَى ذِكْرِكَ وَشُكْرِكَ
وَحُسْنِ عِبَارَتِكَ He says, يَا مُعَاد I love
you for the sake of Allah, so here's
my advice for you.
Don't miss the opportunity after every Fard Salah
for saying, اللَّهُمَّ إِنِّي أُعُوذُ بِكَ وَشُكْرِكَ وَحُسْنِ
عِبَارَتِكَ اللَّهُمَّ إِنِّي عَلَى ذِكْرِكَ
وَشُكْرِكَ وَحُسْنِ عِبَارَتِكَ So the Prophet Sallallahu Alaihi
Wasallam is encouraging us that if you love
somebody for the sake of Allah, let them
know that.
Let them know that.
You don't love them because they're funny, because
they're cute, whatever that is, no.
You love them because they really, when you
are with them, they inspire you to do
well, to do things for the sake of
Allah Subhanahu Wa Ta'ala, like they're really
inspiration in that sense.
So that's why you tell them, إِنِّي أُحِبُّكَ
فِي اللَّهِ I love you for the sake
of Allah.
In the other narration, the Prophet Sallallahu Alaihi
Wasallam, he mentioned that this will probably maybe
increase that love and make it last longer.
And this includes calling him with names that
he loves the most.
Umar ibn al-Khattab said, Three things make
your brother's love wed for you pure.
That you greet him when you see him,
that you give him space in a gathering,
and that you call him with his names
that you love the most.
Beautiful advice from Umar ibn al-Khattab.
He says, look, if you would like your
brother and your sister to love you for
the sake of Allah Subhanahu Wa Ta'ala,
show them that.
Don't just claim it.
How do you do that?
He says, when you see them, you be
the first to say salam to them.
Like, don't wait for them to come and
say salam.
You greet them with a smile and you
go there to say salam to them.
The second thing, وَتُوَسِّعْ لَهُ فِي الْمَجْلَسِ When
they come into a gathering, what do you
do?
You give them space.
You just see if you can move a
little bit to give them space next to
you.
So they know that you love to be
in their presence as well too.
قَالَ وَتَدْعُوهُ بِحَبِّ الْأَسْمَاءِ إِلَيْهِ And you call
them with the best names that they have.
Or at least what they love to be
called.
So if a brother likes to be called,
for example, Abu Muhammad, Abu Ahmed, then you
call him Abu Ahmed, Abu Muhammad, just like
he wants to be called, right?
Same thing with a sister.
You call her with the same name, the
best name that they love to be called
with.
Things that you, an endearment statement that you
share with them.
This also includes praising him for his fine
qualities that one is aware of when that
influences those who are present.
Basically like, look, if you know that a
certain gathering, his good mention would increase their
status.
Like for example, mentioning them to their parents.
Like when you meet their parents and say,
MashaAllah, may Allah bless you for raising this
daughter or this son.
You know what?
Your son, MashaAllah, I love this man.
Zallah khair for doing this and that.
Like they love to hear that from them.
So obviously when their parents hear this about
their kids from you, and if they're going
to transfer that to their son or their
daughter, you can imagine how much love will
be increased in the hearts of one another.
One should also praise his children, family, and
actions.
Of course, I hope that they deserve it
though.
Like your kids, MashaAllah, good behaved kids, but
overall, we love to hear about our family.
Like you tell them, MashaAllah, Zallah khair, may
Allah bless your family, bless your kids.
At least make dua for them.
The least you could say to them is
you make dua for their families.
In fact, this principle applies even to his
character, intellect, appearance, handwriting, authoring, and everything else
that causes joy, as long as one does
not go too far and does not speak
lies.
SubhanAllah.
I mean, why do you think Imam Ibn
Qudamah, which is originally from Imam, of course,
Abu Talib al-Makki and Imam al-Ghazali,
they say that, and also you praise them
for their handwriting and authoring and so on.
What does that mean, Imam?
What does it tell you about their company?
Who is he talking about?
It's a company of scholars.
I mean, the expectation of any average Muslim
is to have that kind of contribution to
ilm one way or another.
Do you remember the khatrah we gave the
other day?
That we said that, subhanAllah, the average Muslim
back in the days, the average Muslim in
Baghdad, used to probably be in the status
of a talib al-ilm, a student of
knowledge in our time.
The average Muslim, the bakers, like in the
story of Imam al-Quradaghi, bakers would discuss
subject to fiqh at a high level.
That is the level of a student of
knowledge in our time.
So imagine here, he's saying like, you also
praise them for their handwriting and for their
authoring and so on.
Like, do you even have any blogs or
jamaat where you write things about knowledge that
you learn?
Do you share something of knowledge that you
read every now and then?
So that's basically what he's saying in a
subtle way.
That's the standard of sohbah that you need
to have.
People who are always engaged in something good,
they read, they write, they transfer knowledge, they
share good with you and they help you
with these things and so on.
And I hope inshaAllah amongst you guys, we
will have that.
And as a matter of fact, part of
the intensive, taqseer intensive, you guys are going
to have some activities required for you to
write some papers.
And I hope you all participate in that.
Don't say, it's not me, I'm not a,
you know, I don't blog about knowledge, I
don't write about knowledge.
No, no, I want you to do that.
Even if you write something not that great,
it's a good start.
We start somewhere inshaAllah until we start transferring
knowledge inshaAllah in the right way.
So saying that, you know, praising their handwriting
and their authoring under the assumption that you're
dealing with what?
Students of knowledge and ulema as well.
You should also tell him if someone else
has praised him and show him your happiness
for that.
Otherwise, hiding something like this is pure jealousy.
That's a beautiful thing as well too.
Like you hear their teacher, for example, speak
about them or the imam or a friend
or a random person.
SubhanAllah.
And then they come to learn, you know,
the other day I was in that community
and I heard these people talking about you,
mashaAllah, this is something beautiful.
Or hear them, for example, in a gathering
in the community, someone praises somebody else for
their hard work, for their volunteering, for this,
for that.
Bring it to them.
Bring it to them and bring them joy,
alhamdulillah, and feel appreciated by the community.
This also includes thanking him for what he
has done for you and defending him in
his absence if somebody else speaks ill about
him.
The duties of brotherhood include readiness to protect
and help one another.
So he said, he's like taking that task
upon yourself right now.
What does that mean?
Meaning if you hear that they helped defending
you, protecting you, then reach out to them.
Make sure that they understand that you really
appreciate their support and how much you value
your brotherhood with them.
Let them know about this.
Now.
It occurs in a sound hadith, a Muslim
is the brother of another Muslim.
He does not wrong him and he does
not forsake him.
So the first one understood.
You don't wrong them.
The second one, you don't forsake him, meaning
what?
When you see him that he's being wronged
and being, you know, attacked or being spoken
ill about in their absence, you defend him.
Don't let them down.
That's what I mean, don't forsake a person.
Meaning you defend them and you take care
of it inshallah on their behalf.
How would you understand this hadith?
How we do not forsake your brother or
sister in need of a situation like this?
There are two ways.
Think about it in two scenarios.
I think it's very clear.
Like imagine it is him there present when
someone else is speaking ill about you.
What would you want him to say about
you?
Then say the same thing about them.
If it was, if it was you in
that scenario, what would you say about them?
Secondly, assume that he is listening behind the
wall.
Whatever your heart would tell you to say
in his defense and his presence, it should
tell you the same in his absence.
If one is not sincere and muflis in
his brotherhood, he is a pure hypocrite.
So what does that mean?
Imagine him, he's behind the wall, he's hearing
you.
Don't you want him to appreciate you when
he hears you defend him or defend her?
So of course, imagine he's there and he's
going to be hearing that.
So say the best that you can about
them inshallah ta'ala and be sincere about
it.
Just be sincere with your defense of your
brother inshallah ta'ala.
So it's not a matter of hypocrisy.
It's really about defending them and being inshallah
ta'ala a muflis.
Muflis, otherwise if you don't do so, that's
a sign of hypocrisy.
The example of this is for giving Atfu
his errors.
If his error was in a matter related
to religion, then do not give up on
him and continue advising him and admonish him,
but kindly, if he insists on his mistakes,
then show him sternness.
So what it means, look, one of the
also duties that we have for our brothers
and sisters, that if you see them doing
something wrong, then you need to go and
speak and advise them.
Don't abandon them.
Don't forsake them for making something wrong.
Rather go and advise them kindly, and if
you don't listen and they insist on their
disobedience, then you need to have what he
calls here al-musarama, which is being actually
firm with them.
Use firmness with them.
That's what it means.
You don't always kind of like, I'm afraid
to lose their friendship, so I'm not going
to say something bad.
No, no, no, no.
I would lose your friendship with you for
the sake of the haq.
So you be firm with them.
Tell them this is wrong.
I'm not going to accept that from you.
You're better than this.
You can't do this.
You know, I'm not going to let you
do this to yourself.
Like be firm with them.
That's what it means.
Because you care about them.
Now, the fifth duty is to supplicate, make
dua for your brother during his life and
after his death, and you should supplicate for
him as you would supplicate for yourself.
So you don't have anything good to say
in their life.
At least, you know, when they die, just
mention with something khayr.
So with the first four haq when they
were alive, and now that they're not there,
so what do you do?
Make dua for them.
The dua that continue long after they're gone.
Now.
Abu Darda radiallahu anhu narrated that the Prophet
sallallahu alayhi wa sallam said, the supplication of
a Muslim for his brother in his absence
is readily accepted.
An angel is appointed to his side whenever
he makes a beneficial supplication for his brother.
The appointed angel replies, ameen, and may you
also be blessed with the same.
Abu Darda radiallahu anhu used to supplicate for
many of his companions, mentioning each one by
his name in the supplication.
Ahmad ibn Hanbal radiallahu anhu used to supplicate
for six people in the later portion of
the night.
You know, what does that mean?
Some ulema, they used to say, if they
want to make dua for themselves, what do
they do?
They can make that same dua for somebody
else.
Why?
What do they want to get?
The angels say ameen.
Like, you know, I want the angels to
say ameen.
Because his dua might say, your dua might
not be as powerful, but if the angels
will say ameen on my behalf to Allah
subhanahu wa ta'ala, then hopefully my dua
will have a better chance to be accepted.
It's to that level that they prepare their
dua and ascribing it to their brothers and
sisters.
And I hope in this gathering, in this
majlis, in this community, and in this class
really, that you guys remember each other by
name.
And frankly, if we don't know each other
by name, that's a disaster.
By now, we should know each other by
name inshallah wa ta'ala.
And if not, just simply after the class,
go and shake hands with someone that you
doubt their name.
Say, hey, what's your name again?
It's okay.
But we need to connect inshallah wa ta
'ala so I can remember you in my
dua as well, As for supplicating for one's
companions after their death, Amr bin Hurayth said,
if a person supplicates for his deceased friend,
an angel will carry his supplication to his
grave and say, oh stranger living in the
grave, this is a gift from a concerned
friend, shaqeer of yours.
This is of course, it's not a hadith,
it's a statement, like saying, look, if you
make dua for your brother who passed, the
angels will come to that grave and remind
the person there.
She's like, hopefully.
Hey, you got a gift from your brother.
And that gift is dua that would elevate
them inshallah wa ta'ala or relieve them
from whatever they might be going through.
May Allah subhanahu wa ta'ala make it
easy for all of us, ya rabbal alameen.
The sixth duty is to be loyal, wafaa
and sincere, ikhlas.
The meaning of loyalty is to keep the
bond of love with the friend until he
passes away and after his death, to keep
this bond with the children and friends of
his deceased friend.
The Prophet sallallahu alayhi wa sallam honored an
old woman and said, she used to visit
us at the time of Khadija, and loyalty
is part of faith, iman.
Just a reminder actually that parents, inshallah, keep
your kids with you, zakumullahu khair and mami
al mirum, barakallahu fikum wa dadi al mirum.
So here, the sixth right that we owe
each other is al wafaa wal ikhlas.
What does that mean over here?
You know, although the word that we use
for it is loyalty over here, but al
wafaa is much more than just loyalty.
Like this is the fondness of those memories,
just the wala to that level.
Can you imagine, subhanallah, the Prophet sallallahu alayhi
wa sallam, like he did to Khadija radiallahu
anha, even though she is long gone from
his life, khalas, she's gone.
So whatever he's going to do, she's not
going to see it, at least in her
life, yaani, and the Prophet sallallahu alayhi wa
sallam is not going to get anything in
return to his memories with her, for her,
other than himself being fond with his memories,
it brings him that sense of joy and
happiness and comfort.
So you can imagine, so that's basically like
al wafaa wal ikhlas between us, that sincere
loyalty for one another gives us comfort.
Whenever I remember my brothers and my difficulties,
I know alhamdulillah I'm safe, I'm going to
be okay, because I have mashaAllah good brothers
around me, good sisters alhamdulillah taking care of
me.
So I know that I'm going to be
okay.
That sense of sincerity and wala that we
need for one another, inshaAllah tabarakah wa ta
'ala.
So during our life, all the way until
of course our passing from this dunya, naam.
From loyalty is to show humility to brothers
even after assuming better positions, higher status or
more wealth, naam, go ahead.
Know that it is not from loyalty to
accord with your brother in matters contravening religion.
In the early days of Ishaaq'i, he
had a close companion called Muhammad ibn Abd
al-Hakim, who he used to draw him
near and embrace him.
When Ishaaq'i was on his deathbed, he
was asked about the one who he will
appoint to take his place to teach the
people.
On that moment, Muhammad ibn Abd al-Hakim
was sitting next to his head and started
to show himself so that Ishaaq'i selected
him.
However, Ishaaq'i appointed Abu Yaqub al-Bawaiti,
which made Muhammad feel disappointed.
The reason he was not selected is that
Abu Yaqub al-Bawaiti was more pious and
aesthetic though Muhammad was well versed in knowledge.
The sincerity of Ishaaq'i and his loyalty
to the Muslims made him select the best
person for this job and did not let
his friendship have any effect on his decision.
This made Ibn Abd al-Hakim change his
madhhab and follow the madhhab of Imam Malik.
There's a word of the jama'a, like
literally subhanallah, Imam Ishaaq'i, he didn't favor
Muhammad ibn al-Hakim, although he might have
the knowledge, rather he preferred Abu Yaqub al
-Bawaiti because he had not just the knowledge,
the signs of it, like the application of
it in his personal life were visible.
So he preferred Abu Yaqub al-Bawaiti over
Muhammad ibn al-Hakim.
And that's very crucial and very important for
talib al-ilm, that you don't prefer the
friendship based on your personal liking of the
individual as much as for what they represent.
That kind of relationship represents of course the
connection to Allah subhanahu wa ta'ala and
the deen of Allah azza wa jal.
So yeah, Imam Ishaaq ibn al-Hakim, his
loyalty was for the deen of Allah subhanahu
wa ta'ala, not to the people, naam.
From loyalty is not to lend one's ear
to the accusations of people against his friend
Sadiq and not to befriend the enemy, addu
of his friend.
Like if you know that people talk about
your friend and then someone says, hey let
me tell about your friend XYZ, tell them
I don't want to hear that.
I don't want to hear it.
Or someone insists that they're enemy of your
friend, and you know that if you make
any relationship with this individual, it's going to
hurt your friend.
So you just avoid that individual for the
sake of the friendship that you have with
your brother and your sister.
Obviously in moderation we say, if it was
fair and just.
But if it was your friend who was
unfair and the one who was done wrong,
then that's your duty towards them to be
what?
To let them know that they're wrong.
And make sure that insha'Allah wa ta
'ala they amend their affairs with Allah subhanahu
wa ta'ala for anybody else, naam.
The seventh duty is not to overburden his
brother at all and make it easy on
him, meaning one should not take advantage of
his brother's status and wealth.
Rather, one should take his mind from the
stress of his duties and responsibilities.
One should not make his brother feel obliged
to check on him, fulfill his rights and
show humbleness to him.
Rather, the only motive for his love and
relationship with him is the pleasure of Allah
alone and the hope to enjoy the blessings
of his supplications when his brother is supplicating
for him.
And enjoy his company and benefit from his
religiousness and draw oneself near to Allah through
fulfilling his rights and remove all the barriers
so that one deals with his brothers as
if they are himself.
Naam, keep going.
Jafar ibn Muhammad said, the heaviest ones on
my heart from my companions are those who
overburden themselves for me and I do not
feel comfortable to do or say anything I
want in their presence.
The lightest on my heart are those who
I feel so free as I am alone
when I am in their company.
Like one of the best things about being
a brother to someone or sister together subhanAllah
is when I'm with you, I'm with myself.
I don't feel the barriers, I don't feel
formalities.
So therefore, if you invite me, for example,
to have a meal with you, I don't
want you to overkill it.
Just do something that would be easy for
us, alhamdulillah, to connect on.
That's it.
I don't want you to do takalluf for
me.
Otherwise, if I'm going to come to your
house and you hold the whole house being
held hostage for two days just because they
prepared for the day, I don't want to
do this anymore.
I hate for you to take that route
at me with me because it makes me
feel uncomfortable that I put you through all
this takalluf right now.
So that's why he says over here that
I don't want to overburden my brothers and
my sisters.
Just keep it simple.
And that's why we always, when someone invites
us, you just say to them, listen, la
takalluf, which means what?
Please don't overdo it.
Simple meal, whatever you eat, whatever you have.
I'm okay with that.
Don't go over beyond.
Naam.
And a wise man said, a person who
you do not feel to be formal with
is a person whose relationship with lasts.
From the perfect characteristics in this issue is
to see that your brothers have favors on
you and not the other way around.
And so you deal with them as if
you are their servants.
Naam.
SubhanAllah, this is basically one of the highest
probably maybe degrees of brotherhood and sisterhood is
that you see the service of your brothers
and sisters and honor to you.
Which is why we say ameerul qawmi khadimuhum,
the true leader of the people, the one
who is serving them, which means a public
servant to the people.
So there is no shame.
There should be no shame on you serving
your brothers and sisters, for example, in the
classroom, for example, if it was hot, you
go bring water and just, for example, give
it to them.
For example, um, when we go out, for
example, together and you serve each other the
meal and the food and, and bring the
chair to them and help them with their
kids and whatever that you can do to
help one another and serve one another, definitely.
That means alhamdulillah, all these barriers are down
and we are indeed just like one person.
That's the highest, the best level, of course,
the degree of brotherhood and sisterhood.
May Allah subhanahu wa ta'ala make us
among those who are truly brothers and sisters
to one another, ya rabbal alameen.
So we'll stop here inshallah wa ta'ala
and then next week we'll continue with these
adab and etiquette.
Bismillah.
Alhamdulillahi rabbal alameen, wa salallahu wa sallim wa
baraka a nabiyyin wa muhammadin wa ala alihi
wa sahbihi wa sallim, tasliman kathira thumma ma
ba'd.
Tonight inshallah wa ta'ala from the hadith
of Imam al-Nawawi rahimahullah wa ta'ala,
the Arba'oon, we are studying hadith number
32.
Hadith number 32 and that is hadith Abi
Sa'id al-Khudri radiallahu ta'ala wa
rada'a, anna nabiyya sallallahu alayhi wa sallam
qal la dharara wala dhirar.
That's it.
Very simple statement.
La dharara wala dhirar.
We know that the Prophet sallallahu alayhi wa
sallam, when he was given jawami al-kalim,
which means the comprehensive details of his language,
is made in few words.
Like he speaks big concepts, sallallahu alayhi wa
sallam, big principles in few words.
So one of them is this, la dharara
wala dhirar, which in translation it means that
there should be, there is to be no
causing harm and non-returning harm, dhirar.
We're going to come to the meaning of
that in details later inshallah, but I just
want to let you know the meaning of
the hadith overall, la dharara wala dhirar, which
means you shouldn't be causing, you shouldn't actually
cause harm or not being the cause of
harm.
So don't cause any harm and don't let
that basically cause to anybody else.
So we're going to see what does it
mean inshallah ta'ala, but I just want
you to know that this principle, this hadith,
in its actual wording, is considered one of
the five major maxims that governs Islamic law.
If you ever studied usul al-fiqh, which
is the theory of law, it's different degrees.
So you start with the history of Islamic
law, get to know the difference between madhab
al-hanafi, al-shafi'i and these things
and how they all formed throughout the history
of time and so on.
The second degree, you start studying al-ahkam
al-shari'a, al-hukm al-taklifi, al
-hukm al-wada'i, you start understanding what
is haram, what is halal, what is wajib,
what is this, what is that, and what
is related to these principles.
Then you study al-adilla al-shari'a,
the evidences, proofs used in studying Islamic law.
The Qur'an and the sunnah, al-ajma
'a, al-qiyas, all these different rules, and
others of course, there's khilaf among the ulema
about them, such as shara'u man qablana,
the law of those who are before us,
the law of ahl al-madina, and other
things.
Then we go to what we call the
lalat al-alfad, implications of the wordings of
the Qur'an and the sunnah.
So the implications of the language itself, now
we start to understand how do we understand
the Qur'an, the term to be inclusive
versus being exclusive, is it considered private, is
it considered to the public, all these things,
now we're going to advance.
Once you start getting to that level, then
you come to the highest degree right now.
So we go in al-qawa'id al
-fiqhiyya.
So qawa'id al-fiqhiyya comes at that
level.
And what is that?
By that time, you study fiqh, and you
have already in depth studied these different rules
of ahkam al-shari'a, now naturally, you
start kind of like filtering them into specific
principles and rules.
Like these rules, regardless whether they're fiqh of
ibadat, such as tahara, zakah, or mu'amalat,
transaction and so on, they all fall under
specific rules and laws.
These are what we call the maxims that
govern Islamic law.
Like the specific rules that all these ahkam
fall under.
So there are many.
But then when the ulema, they also scrutinize
all these rules or maxims that govern Islamic
law, they found that most of the ahkam
of the shari'a do not escape five
of them.
These are the five major maxims that govern
Islamic law, what the ulema, they call them
al-qawa'id al-fiqh al-kulliyya, qawa
'id al-fiqh al-kulliyya, and they are
the following.
So the first one is, qalu al-umuru
bimaqasidiha, al-umur bimaqasidiha.
What does that mean?
That means matters are determined by their intentions.
Matters are determined by their intentions.
And they got that from hadith an-nabiyeen
sallallahu alayhi wa sallam, innama al-a'malu binniyat.
So whether it's a transaction to buy or
sell, or you want to pray salat al
-duhr, salat al-asr, intentions is important over
here.
The second maxim is what they call al
-yaqeenu la yazulu bishak, al-yaqeen la yazulu
bishak, which means certainty is not overruled by
doubt.
Certainty can never be overruled by doubt.
So whether it's in salah, tahara for example,
let's say you're not sure if you have
wudu or not.
So what is Allah's certainty?
I'm not sure if I paid zakah or
not.
I'm not sure if I pronounced the salat
properly or whatever that you do.
Al-yaqeenu la yazulu bishak, certainty is not
overruled by doubt.
The third one is al-mashakka tu tajlibu
t-tayseer, al-mashakka tajlibu t-tayseer, which
means hardship begets facility or ease.
Hardship begets facility.
If things get difficult, that means it's required
for me to facilitate the matters.
For example, if someone gets sick, you don't
have to fast.
If you're going to be traveling, you shorten
the salah.
So when there's a hardship, it begets facility.
The fifth one, or the fourth one actually,
ad-dararu yuzal, ad-dararu yuzal or la
darara wa la dirar.
So it's usually used those two terms, ad
-dararu yuzal or la darara wa la dirar,
which means harm must be eliminated.
Harm must be eliminated.
And the last one is al-'adatu muhakkama, al-'adatu
muhakkama, which means custom is a basis for
judgment, is a basis for judgment.
So for example, when it comes to customs
in sale and trade, they made a transaction
and now they're arguing about the outcome of
it.
So whose custom should we take in regards
to the size or the measurement or this
or that?
Certain rules that needs to be taken into
consideration.
Also when it comes to, for example, bir
al-walidayn, how do you define bir al
-walidayn, from one custom to the other one?
Depends on how people see it, what's considered
respect and otherwise.
So there are a lot of rules for
this and there are tons of other rules
that fall under each one of them.
But these are the five major rules and
one of them is la darara wa la
dirar or ad-dararu yuzal.
I just want you to know the importance
of this hadith and the value that would
come from this.
So this part of the explanation of this
hadith is going to be a bit technical,
but it's extremely extremely important.
It is a good hadith which Ibn Majah
and others narrated with chains of transmission.
Malik narrated it in the muwatta, in a
mursal form from Amr ibn Yahya, from his
father, from the Prophet ﷺ, and he omitted
Abu Sa'id.
It has different paths of transmission, some of
which reinforce others.
So why is he mentioning all these in
detail?
It's not a custom of Ibn Rajab, I
mean Imam al-Nawawi, to include all these
details when he narrates a hadith.
Because there's a difference of opinion about the
authenticity of the hadith.
So he's trying to now mention the reason
why he chose the hadith to be included
in the four hadith of Imam al-Nawawi.
He deems the hadith to be authentic in
the degree of hasan, which means acceptable or
good as he said.
So it's a good hadith, which means it's
hasan.
It's a lower degree than sahih.
That's terminology we can discuss inshallah later in
Musrah al-Hadith inshallah.
And the reason why he says it's disputable,
because the hadith is known in the most
popular narration by Imam Malik and his muwatta,
it's considered mursal hadith.
And the word mursal is the hadith, it
basically means there is an interruption in the
chain of narrators.
That interruption happens at the category or at
the stage of the tabi'i.
A tabi'i is the follower of the
sahabi.
So when the tabi'i says, qala Rasulallah
sallallahu alayhi wa sallam, if the tabi'i,
who is the companion of the companion of
the Prophet sallallahu alayhi wa sallam, says, the
Prophet sallallahu alayhi wa sallam said so and
so, what do you understand from that?
Somebody's dropped there.
He dropped who?
A sahabi, right?
Or another companion, another actually tabi'i.
A tabi'i, when he drops from the
chain, what's between him and the Prophet sallallahu
alayhi wa sallam, there's a possibility to say
it was sahabi, and there's another possibility it
may be another tabi'i.
So why would that tabi'i drop that
sahabi or tabi'i?
For convenience sometimes.
Or maybe because there was a time when
some of the people, they had issues with
certain tabi'in, ulema and scholars because of
political views, religious views, so they hide the
name.
That's called tadlis.
They hide the name so that at least
they wouldn't be rejected.
And when they're known to be thiqat, which
means they're well known for their character and
for their dhabt and for their trustworthiness, so
the ulema, they accept them if they drop
that.
So the mursal, if it's known to be
dropping a sahabi, and the person does not
drop anybody but the sahabi, the ulema, they
tolerate that and they accept it as it's
connected.
Because the sahabi, they're all considered trustworthy.
But if you're not sure if you dropped
a sahabi or otherwise, that's when they're considered
to be da'if.
So in general, the mursal hadith is considered
da'if because a tabi' dropped the sahabi
and maybe somebody else for them.
So therefore they're considered to be in principle
weak unless you can strengthen that hadith with
other narrations.
Which is why Al-Imam Ibn Rajab extensively,
he added actually eight different narrations for you
so it makes you feel good.
He said, look, listen, I know it's weak,
but just to let you know it's considered
hassan and acceptable for these reasons.
So I just want to go over them
quickly for you.
If you look at the numbers on the
page insha'Allah that we have.
So the first one is Ibn Majah.
And then the second one, Al-Imam Ibn
Abdul Barth, that's on page 521.
The third narration on the following page is
another narration from Ibn Majah.
And there's a fourth narration from Ibn Majah
as well too.
And there's another one from Ad-Dara Qutni,
that's number five, Ad-Dara Qutni.
Number six, At-Tabarani.
Number seven, Ad-Dara Qutni again.
And we have on page 523 on the
top from Kathir Ibn Abdullah, number eight.
So he mentioned multiple narrations and he spoke
about it in detail.
Who was in the chain and who was
dropped and who was not dropped and all
these things and so on.
But I just don't want to go over
the details of these narrations.
We're going to go straight insha'Allah to
page 523 where he says, the Shaykh Rahimah
Allah Ta'ala mentioned.
The Shaykh Rahimah Allah Ta'ala mentioned that
some of the paths of narration strengthen others
and it is as he said.
Who's the Shaykh over here?
Imam An-Nawawi.
Because Imam An-Nawawi mentioned the actual hadith
when he narrated the hadith and then he
mentioned and it's good.
The hadith is considered good.
So now Ibn Rajab Rahimah Allah, what is
he doing right now?
He's actually reviewing Imam An-Nawawi's decision on
the hadith and then he puts his.
So what was the decision of Imam An
-Rajab Rahimah Allah?
What does he say?
Yes.
And Al-Bayhaqi said concerning.
And before the Bayhaqi, he says and it
is.
And it is as he said.
Who's saying that right now?
That's Ibn Rajab.
He said Imam An-Nawawi, he said, the
Shaykh An-Nawawi Rahimah Allah Ta'ala said
the hadith is good because of all these
different narrations.
So it's good.
And then he said, and I agree with
him.
It is as he said.
Okay.
And Al-Bayhaqi said concerning one of the
hadith of Kathir Ibn Abdullah Al-Muzani.
Which is the last one we quoted, number
eight on the top of the page.
When it is considered together with other chains
of transmission in which there is also some
weakness, then it becomes stronger.
So like he said, you know, all of
these narrations are weak collectively together.
They strengthen the hadith to a degree that
is considered hasan, which means good and acceptable.
Now.
Al-Shafi'i Rahimah Allah said about Mursal
Hadith, when it is given a chain of
transmission in another version or it is ascribed
as a Mursal by someone who takes knowledge
from someone other than the one from whom
he took the former Mursal, then it is
acceptable.
Now Imam Ibn Rajab Rahimah Allah Ta'ala,
he is going to basically with the decision
he made on the hadith to be okay,
he wants to bring the authority where I
got that from.
So he is going to bring different example
to say, to tell you, look, these are
not my words.
Imam Al-Shafi'i Rahimah Allah Ta'ala
in his very famous book Al-Risala, the
first ever written book on the subject of
Surah Al-Fiqh.
He detailed the rules by which you accept
the hadith Mursal.
And he gave different opinions.
He said, for example, the one who did
Irsal, which means the Tabi'i, the companion
of the companion who dropped the Sahabi, the
one who did that, he is known not
to drop anybody who is considered Majhool or
unknown.
Like if he drops anybody, it must be
somebody that trustworthy as well too.
And that's usually the specific Ulama known to
do that.
Like I said, for the political reasons, sectarian
reasons and so on.
He goes, if we know that they always
drop somebody reliable, then it's okay, we accept
their hadith.
But if we don't, and sometimes we find
them dropping some Majahid, which means unknown people,
just because they think that if I put
that name in the chain, no one would
take it, so I'd rather drop it, that
makes it worse.
So therefore we don't accept them.
Another condition is that this Mursal, the Aalim
who did the Irsal, the Tabi'i, when
he reports his hadith that were fully connected,
he's always doing it with Ihsan, meaning they
don't contradict the other Huffadh who are stronger
than them in terms of knowledge and ilm
and memorization of the hadith.
So they're good with that.
And the third one he says, if that
Tabi'i was among the major Tabi'in,
the older Tabi'in, not the younger Tabi
'in, so in this case, the major Tabi
'in or the older Tabi'in, they're most
likely dealt with whom?
The major Sahaba, Abd al-Rahman ibn A
'uf, Abu Ubaidah, the major Sahaba.
But younger Tabi'in, they probably, maybe they
caught whom?
The remaining Sahabis of the younger ones, like
Anas, Jibril, Abdullah, and so on.
So the chances for the major Tabi'in
or older Tabi'in to drop a Sahabi
is higher.
And the Tabi'in, the younger Tabi'in,
he might have dropped maybe somebody else because
he didn't get it from Abdullah ibn Umar
himself.
Actually, he took it from someone else who
saw Abdullah ibn Umar before he died.
So that's some of the conditions.
We just wanted to mention it to you.
So he brings three examples here, Imam Ahmad
ibn Hanbal, rahimahullah wa ta'ala, Abu Amr
ibn Salah, rahimahullah, and Abu Amr ibn Salah,
this name is very important because Abu Amr
ibn Salah, rahimahullah, is one of the ulema
of the Shafi'i Madhab, known for his
writings in Ulum al-Hadith, the Science of
Hadith, especially Mustarraf al-Hadith, from which the
discussion, the previous discussion came out.
So he is one of those ulema.
He died in 643 Hijri, the equivalent of
the 1245 in the Gregorian calendar.
His famous book, which is considered like a
textbook for Mustarraf al-Hadith, the Science of
Hadith, is known as Ulum al-Hadith, Ulum
al-Hadith, the Science of Hadith, by al
-Imam Abu Amr ibn Salah, rahimahullah wa ta
'ala.
Now, let's go to page 524, the explanation
of the hadith, the explanation of the hadith.
So Imam al-Nawar, rahimahullah, all the previous
discussion was about authenticating the hadith and the
reliability of the hadith.
So from this, now from this point onward,
he's going to be explaining the hadith, rahimahullah
wa ta'ala, naam.
He's saying, there is to be no causing
harm, no returning harm.
This is the sound narration.
So what's the meaning of no causing harm,
no returning harm?
Meaning no causing harm means what?
You don't initiate that.
And no returning harm means what?
Retaliation, in retaliation.
That's what it means.
So don't cause harm and don't retaliate in
response to harm that has been done to
you.
But of course there's a lot of explanation
here.
So the first thing he's going to be
talking about is the different words mentioned in
the hadith.
La dharar, dhiraar, and idraar.
So dharar, dhiraar, and idraar.
Let's see what he says about that.
Dhiraar, returning harm, is without a hamza.
But it has also been narrated as idraar,
with a hamza, that occurs in some of
the versions of Ibn Majah and al-Darputni
and even in some copies of the Muwatta.
Some affirms this version saying it is said
that dharar, he harmed, and adharra
have the same meaning.
But others reject that and say that it
is not sound.
So he's saying, look, the ulema they say,
la dharar wa la dhiraar, they are the
same.
And therefore it means the Prophet shall be
just emphasizing the principle twice.
He says don't harm, I repeat that, don't
harm again.
That's what it means basically, if you say
they are the same.
But others say no, there are different meanings
of it.
So what does it mean?
How do they differ over this issue?
They differ as to whether or not there
is any difference between the two expressions dharar
and dhiraar.
Some say that they have the same meaning,
and the second is used as a means
of stressing the former.
That's it.
So they are the same thing, but it's
an emphasis.
Like, look, la dharar wa la dhiraar means
don't harm, I repeat that, don't cause any
harm.
That's what it means, based on this opinion.
The second opinion, however, However, the most well
-known view is that there is a difference
between the two.
Then it is said that dharar is a
noun and dhiraar is a verb.
So those who say no, they're different, dharar
and dhiraar, they're different, they also have three
opinions.
And you can see them on the margin
1, 2, and 3.
The first one saying then it is said
that dharar is a noun and dhiraar is
a verb.
Continue.
Meaning that harm itself is negated in the
shari'ah and making harm enter without right
similarly.
So basically it's saying like, they mean here
one is noun, the other one is a
verb.
So dharar is basically the noun and dhiraar
is basically kind of like enter in this
fashion without right.
You have no right to cause harm unless
you have the right to do that.
We're going to explain when is it allowed
to cause harm.
Like for example, capital punishment, for example, in
this case you are, naam.
Some say that dharar is to make harm
enter upon someone else in that which the
person causing the harm himself benefits from and
that dhiraar is that one make harm enter
upon someone else from which the person himself
does not benefit.
Like what?
What does that mean?
So dharar they say, it means if you
do harm but to benefit yourself.
The other one, dhiraar, is to do harm
just for the sake of harm even if
you get no benefit out of it.
Like for example, a dharar based on this
opinion for example, if someone is going to
let's say break someone's wall to get himself
extra space for his car for example.
In the driveway, you just moved some of
the boundaries of the wall so you cause
harm.
But what benefit are you getting out of
this extra space for myself versus someone just
break someone's window.
What benefit are you getting out of this?
No benefit, no real benefit other than just
kind of like hatred and jealousy and so
on.
So that's dharar and dhiraar, naam.
Such as someone who prevents something that will
not harm him but by which the person
prevented will suffer some harm.
A party considered this explanation the weightest of
them Ibn Abdulbar and Ibn Salah.
Like he's saying look, Ibn Abdulbar and Abu
Amr Ibn Salah, the one who was mentioned
earlier, they say this is the right opinion.
That a dharar is when someone is causing
harm of course for a benefit that they
are looking for.
A dhiraar is no benefit, naam.
Some say that a dharar is to harm
someone who has not harmed you and a
dhiraar is to harm someone who has harmed
you but in an impermissible manner.
So the first one he says someone who
did not harm you ever.
Like you initiated harm against somebody that has
not harmed you at all.
A dhiraar is when you now harm somebody
who already harmed you but you crossed the
line and you go way and beyond.
Instead of retaliating properly, you go to something
worse and make things even worse.
That's what a dhiraar means based on these
different opinions.
So we have three opinions here.
One says that's one noun and one verb.
The other one says that look, it depends
exactly on who's benefiting, if there's benefit or
otherwise and the third one says if somebody
has harmed you or otherwise.
Like you initiate without anybody being harmed you
or someone in retaliation.
So there are different opinions for that.
In any case, the Prophet ﷺ has indeed
negated causing harm and returning harm without right.
So what does that mean?
So basically of all these opinions, they all
agree to one thing.
They all agree to one thing.
The hadith is not telling you about causing
harm when it's permissible.
Like if it's for example self-defense for
example.
Or in the case of rules and laws,
in terms of retaliation, like someone says with
all due respect, say you're stupid.
Are you allowed to say you're stupid?
Back to them.
I mean if you want to but you
better not to, right?
So that kind of harm and retaliation, you
have a haqq in doing it.
So that's okay.
Because the hadith doesn't speak about that.
The hadith speaks about when you transgress.
That's when it is considered you shouldn't be
doing that.
Yes.
As for causing harm to someone with a
right to do so, either because of the
fact that they contravened the limits of Allah
and so is punished according to the measure
of his crime, or because of the fact
that he has wronged someone else and so
the wronged person seek redress by inflicting the
equal measure on him in justice.
So retaliation basically.
In equal manners.
Then this is categorically not what is meant.
So basically if there was a haqq behind
that harm, it's okay.
The hadith doesn't speak about that.
The hadith speaks about the second category.
What is meant is only to inflict harm
without right.
And there are two types of it.
First that there is no purpose or aim
in that other than to cause harm to
that other person.
And there is no doubt of the abhorrence
of this and it's being haram.
So basically causing harm to others even if
there is no benefit that comes back to
me.
That's the first example or the first type.
InshaAllah we're going to see that he's going
to bring a lot of examples.
But the second type, look at what page
is this, right now it's 524.
The second type is going to come on
page 529.
So for the next five pages he's going
to be explaining this category.
Remember this category.
Causing harm even if there is no benefit
comes to me.
Like there is no purpose or aim in
the other than just causing harm to them.
That's it.
Do I benefit from it or not?
It doesn't really matter to me.
And he mentioned a few examples.
So the first example is causing harm to
others is forbidden in the Qur'an in
many places.
For example in the case of testaments and
bequests.
So the first example that he mentioned as
causing harm which was mentioned clearly in the
Qur'an and the Sunnah of the Prophet
ﷺ.
Number one is in the wasiya.
The wasiya or the bequest which basically when
someone before they die, they are allowed to
write in their wasiya, you know if they
would like to dedicate some of their inheritance,
some of their legacy to an organization, different
people, I would like to give this person
this much, I would like to give this
person this much.
However, there are certain rules in the sharia
for that.
So one of the rules is that you're
not allowed to give anybody who's already receiving
share from you.
Because that's going to cause harm to the
other inheritors.
Also, you're not allowed to give more than
one third out of your inheritance to a
charitable cause for example.
You cannot give more than that.
Otherwise, you're going to cause harm to the
others.
So not to cause harm in the wasiya
was mentioned in the Qur'an.
Yes.
He says, exalted is he, after any bequests
you make or any deaths, making sure that
no one's rights are prejudiced.
There is in a hadith of Abu Huraira
that the slave will act in obedience to
Allah for sixty years and then death will
attend him and he will harm someone in
his bequests and enter the fire.
Like look, I mean, you live a wonderful
life.
Just like before you die, you would like
to control the inheritance before you die in
a way that is causing harm to others,
that causes all your aman to go, subhanallah,
dropped.
So be careful with that.
So how does that harm happen?
In the next page, if you open the
next page, so there are two ways where
it says A and B over here, causing
some harm.
Causing some harm to others in one's bequests
sometimes consists of selecting one of the inheritors
who obligatorily inherit part of the fixed portions
for some extra inheritance over the obligatory portion
which Allah stipulated.
Like what?
For example, your parents, they would receive from
you anyway.
Your children will receive anyway.
So they already have fixated portion as Allah
ordained in the Quran.
So the parents might receive one-sixth and
sometimes one-third or two-thirds for the
father sometimes, depends.
The children, the boys and the girls, they
receive specific portions and so on.
So they already are getting their portion.
So for a man or a woman before
they die, they say, I would love to
give my son this house.
I would like to give my daughter this
car, for example.
They are not allowed to do that because
the children already receive from their inheritance.
But you are allowed to give it to
whom?
You give it to a cousin, a friend,
a brother or a sister who doesn't receive
the right inheritance at that time, in that
moment.
So anyone who is not receiving, you are
allowed to dedicate that portion to them.
But you cannot dedicate a portion to somebody
who is already receiving.
The second example, B, sometimes.
Sometimes it can be someone makes a bequest
which is larger than the third of this
state which he may legally make a bequest
for a stranger.
For a stranger who has no fixed inheritance,
so that he deprives the lawful inheritors of
their dues.
For this reason, the Prophet ﷺ said, a
third may be given in bequest and a
third is a great deal.
Like it's too much.
If you can reduce giving away to charity
before you die, that's better for you because
leave it to the inheritors so they can
receive their haq from that.
So that was the first example.
The first example of people causing harm even
though there is no benefit coming back to
them.
How so is that there is no benefit
coming to the person who has given a
bequest over here?
He's dying.
What benefit is he going to get out
of it?
He's dying.
So the second example, another example.
Another example is that of the husband's right
to return his wife to him within the
term of the divorce, in marriage.
He says, exalted is he, فَأَمْسِكُهُنَّ بِمَعْرُوفٍ أَوْ
سَرِّحُهُنَّ بِمَعْرُوفٍ وَلَا تُمْسِكُهُنَّ ضِرَارًا لِتَعْتَدُوا وَمَنْ
يَفْعَلْ ذَلِكَ فَقَدْ ظَلَمَ نَفْسَهُ Then either retain
them with correctness and courtesy or release them
with correctness and courtesy.
Do not retain them by force, thus overstepping
the limits.
Anyone who does that has wronged himself.
And he says, وَبْعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ
إِنْ أَرَادُوا إِصْلَاحًا Their husbands have the right
to take them back within that time.
If they desire to be reconciled.
So what does it mean over here?
So whenever there's a divorce happens, the woman
goes into what we call al-'iddah, which is
the waiting period.
So usually three periods of three cycles, sometimes
three months.
During that time, they are allowed to reconcile
and the husband has the right to cancel
the al-'iddah and reinstate the marriage.
That's based on the ayah that we heard
already right now.
But where's the idrar is going to happen
here?
Allah mentioned the idrar in the previous ayah.
He says, وَلَا تُمْسِكُوهُنَّ ضِرَارًا لِتَعْتَدُوهُ What does
that mean?
Some men, unfortunately, out of injustice and out
of dhulm for their wives, what do they
do?
They just want to make it harder.
So he divorced the woman and he waits
for her until the al-'iddah is about to
expire and he has no interest in returning
back to marriage to her.
What does he do?
He cancels the al-'iddah and brings her back
again to marriage.
He says, okay, we're back into the marriage.
And now she thought that she's done with
him and she's back in the marriage.
Because al-'iddah is haqq ar-rajul, it's the
haqq of the man.
Because he did the divorce, initiated the divorce,
so he has the right to cancel it.
A woman can release herself from the marriage
without his control through al-khulu.
If she does khulu, like she releases herself
from the relationship through the court order.
And that's enforced by the law and the
man has no right to cancel the al-'iddah
in that term.
But because he initiated the divorce, so it
says haqq to cancel it and reinstate the
marriage.
So if the man has no interest, he
just wants to torture her.
He brings her back again to marriage, another
month, two months, three months, and then he
divorces her.
And then again he does the exact same
thing.
Just to cause what?
Harm.
He has no interest in sleeping with her.
He has no interest in keeping her as
his wife.
He just wants to torture her with that.
That's a great dhulm.
And Allah SWT says, وَلَا تُمْسِكُونَا دُرَالِ تَعْتَدُ
وَمَن يَفْعَلْ ذَلِكَ فَقَدْ ظَلَمَ نَفْسَهُ You do
that, you wronged yourself, not her.
So that's one of the dhulm that was
mentioned here as an example.
The third example, if we go further to
the third example.
Another example is in the middle of page
526.
Another example is the husband's vowing not to
have * with his wife, Ila.
This is called Al-Ila, which was mentioned
in Surah Al-Baqarah, when Allah SWT says,
وَالَّذِينَ يُؤْلُونَ مِنْ نِسَائِهِمْ تَرَبُّصُوا أَرْبَعَةِ أَشْهَرٍ Those
who pronounce Ila on their wives, they have
up to four months.
And the Prophet ﷺ did Ila on his
wives, and he did it for one month
ﷺ, because it was like a distressful situation.
He said, you know what, this is it,
I'm done with you guys, for a month.
So he kept away from them for a
month ﷺ.
So Al-Ila is up to four months.
Now the ulema, they have different opinions about
what is the ruling that happens after these
four months.
So does that mean it's an automatic divorce,
so the wife is relieved, alhamdulillah, from this
relationship, or it's not an automatic divorce, so
okay, then what do we do next?
Does she have the right to force him
to return back to her, and reconcile with
her?
So that's a discussion that Imam Ibn Rajab
is going to be talking about in this
point over here.
So the ulema, they differ in terms of,
you know, is it an automatic divorce or
otherwise.
They differ on this issue.
Some say it's actually an automatic divorce, because
if he didn't reconcile with her within these
four months, then khalas.
Other ulema say, no, he had to actually
divorce her by court order.
Like the wife, she could sue him in
the court, say, look, for four months we
haven't been together, and he doesn't want to
reconcile with me.
So she will actually take this as a
khulu, and some ulema, even they call it
faskh.
What does that mean?
Like they say even, what if the man
doesn't even pronounce ila?
Instead he abandons his wife for months.
And it took more than four months.
Would that count as ila, even though he
didn't pronounce that ila?
Because now it's being idrar.
He has no reason to do that, except
that he just harms her.
He wants just to harm her.
And there are sometimes some circumstances, that he
mentioned in the book as well.
If you look at the following page, right
before the fourth example, it says, if he
prolongs traveling without excuse, he is just traveling
for work, traveling for recreation, whatever that is,
he's just prolonging his travels over here.
And in this case, does she have the
right to say, you know what, that's ila.
And she needs to cancel that.
Because he's not coming to her, he's not
bringing her with him, he doesn't want to
go back to her, in the time that
she, for example, suggested.
And some ulema, they put certain times for
that.
The idea is that from this paragraph, is
to understand that there is idrar, as it
was mentioned in the Quran, because the word
was mentioned, idrar li ta'tadu, as well, in
this ayat, in regard to al-raja'a,
and al-ila, actually, and not being intimate
with the spouse.
The fourth example.
Another example is in the case of, secondly,
which is al-rada'a.
He says, exalted is he, la tu'dar walidatun
bi waladiha, wala mawludun lahu bi waladih.
No mother should be put under pressure, in
respect of her child, nor any father in
respect of his child.
So here, this example, Allah SWT mentioned the
word, la tu'dar, which means that darar shouldn't
be there, in regards to nursing the child.
And there are many, many examples.
He mentioned multiple examples over here.
Some of those examples is, the lady should
not be prevented from nursing her child.
And Allah SWT, He mentioned that al-rada
'a, and weaning the child, or unweaning the
child, has to be a mutual decision between
the husband and wife, the mother and the
father, within the first two years.
But what if the man, he doesn't want
her to nurse the child, because that's basically
prolonging, he wants to have another child.
Because as long as she is nursing the
child, she cannot, for example, get pregnant, for
instance.
Does he have the right to force her
for that?
That's where the argument comes in.
But if the man, he just doesn't want
her to nurse the child, and he wants
someone else to nurse the child, and he's
going to pay that lady that money.
The ulema, they say, if he's doing it
just to prevent the mother from being the
one who's nursing the child, no, he will
be forced to pay that wife, or ex
-wife, if she was divorced, for example, from
him, to pay her the amount he was
supposed to pay the other lady, for nursing
the child.
So no one is allowed to do that.
And that also extends to the subject of
child custody as well, too.
Now, the other fifth example, which is another
example is?
Another example is in buying and selling.
It has been narrated that the sale of
someone who has been coerced is not permissible.
Abu Dawood narrated it from a hadith of
Ali ibn Abi Talib, that he addressed people
and said, there will come to people a
distressing time in which the affluent person will
hold fast what he owns, and he is
not commanded to do that.
Allah exalted, as he says, So what does
that mean over here?
Some of that darar, or darar that happens
among the people, is when you force someone
to sell under pressure.
Like someone is in need of buying something.
And because you know the need, so you
just jump the prices from $10 to $50,
for example.
That is darar right now.
You know somebody is in need for cash.
They want to sell their car, and the
car is $15,000.
And you're going to tell them, I'll take
it for $5,000.
Now that's darar.
Because you know the person would never accept
that deal unless they're in need for that
money.
So that's darar.
Now the ulema, they argue if the sale
is considered valid or not though.
The majority say that the sale is valid.
But the person is being sinful for coercing
the person in these circumstances, causing darar for
him in that trade and that sale.
That's called bay' al-muttar.
There's also al-ghubn, meaning you know somebody
doesn't know the prices, and you're going to
cheat them.
That's not allowed.
It's called la khilaba.
It shouldn't be actually any deceit over here.
There's another form.
It's called al-tawarruq as well.
Al-tawarruq.
Tawarruq is when someone needs cash, but they
don't have the cash.
So what do they do?
They go and they buy a car for
$50,000 in five years.
And they're going to sell it cash for
$30,000 immediately.
They sell it to somebody else.
That's called tawarruq.
They still owe the $50,000 but in
five years.
But I need the cash right now to
do something with it.
So that's called tawarruq.
There's another example called al-'ina, which is when
you buy the car for five years for
$50,000, and then you sell it back
to the one who sold you the car,
cash immediately for $30,000.
So basically you buy the car on paper
for $50,000.
And then you bring it back again to
the same person.
Would you want to buy this car for
$30,000?
He said, sure, $30,000 cash.
So he gives you $30,000 cash.
But how much do you owe that person
already?
$50,000.
So you simply go around the riba.
You go around the riba because now you're
paying $20,000 extra as riba in the
next five years.
So that's another example of it.
Let's go to the next example.
Actually, I think we're done with these examples
here.
But then we come to, on page 529,
the second type.
Remember, guys, the first type?
The first type, which was on page 524,
is when you cause harm just for the
sake of harm, even if you get no
benefit out of it.
The second type right now, causing harm with
benefit that will come to you.
How is that?
The different scenarios.
But we need to stop here, inshallah ta
'ala.
We're going to discuss this type next week.
I hope you guys go back and read
the first type, inshallah, to adjust that information.
I know it was very technical, but very
important for us to understand, inshallah ta'ala.
Wallahu ta'ala.
So we stop here, inshallah ta'ala.
Bismillah.
Let's see the questions.
So the first question is, based
on this hadith, would it be wrong to
make dua against someone who has harmed you?
For example, making dua that Allah causes him
the same or worse hurt they caused you.
Allah subhanahu wa ta'ala says in the
Quran, Allah does not like a person to
speak ill in any way unless in a
situation of injustice, like against you.
So you are allowed to say that.
However, Allah subhanahu wa ta'ala says, If
someone hurts you, you are allowed to retaliate
equally.
But if you exercise patience, Allah says, Patience
is more rewarding for you.
Befriending the enemy of your friend.
What if you have two friends who became
enemies with each other?
Oh man.
Sometimes it is not clear cut, or you
see each other has a perspective, and it's
difficult to reconcile.
In this scenario, actually, you don't have to
cut them both.
No, you don't have to.
I believe the scenario in the book is
speaking about initiating friendship with someone you know
to be an enemy to your friend.
But if you have many friends and two
of them start fighting against each other, I'm
not going to cut ties with the other
one because of you.
No, I'm not going to do that.
So that should be okay, inshallah.
Street vendors often inflate the price of goods
based on need.
An umbrella salesperson tripping the price, or contributing
the price when it's raining.
Is it permissible because it's a small good?
Well, I don't think this is a necessity
situation right now.
Because if you don't have an umbrella, you
can still get wet, and it's not going
to be a big deal.
Or maybe just put a plastic bag or
whatever.
But if it was something of necessities, that's
when these ahkam becomes haram.
If you have an autistic child and you
get permission from the other children before death
to leave extra inheritance for that child, would
that be okay?
The answer is no.
If you would like to leave them something
extra, it should be during a lifetime before
you die.
So for example, dedicate, let's say, put a
building in their name.
Business, for example, that generates income, so that
takes care of them, inshallah, in their name.
And maybe one of the siblings can be
the word to take care of it on
their behalf, and that should be okay.
However, you should do that also with permission
from others.
And as long as you compensate others in
something that is maybe pleasing to their hearts,
inshallah, that should be okay.
General praise.
I heard that praising flattery of someone in
front of them is not light.
How do we reconcile that with what we
have just learned today?
Basically, flattery is telling them, you are, masha
'Allah, the greatest person on this earth.
You are the smartest person.
And you know they're not.
That's flattery.
That's not allowed.
But if you say, masha'Allah, I appreciate
what you do.
Alhamdulillah, I love it when you do this
and this and that.
You mention things that they really do.
That should be okay.
That's the meaning of it.
Preventing the mom from nursing, does it apply
after the two years?
Yes.
Once the term is complete, two years, does
the husband have the right to tell the
mom to stop nursing the child?
The answer is yes.
Because her haq and the haq of the
child was within the two years.
After that, it's no longer an obligation.
It becomes a privilege.
And if he wants the wife to stop,
he has the right to say no.
You cannot.
Also, the lady, if the husband wants her
to stop within the first two years, she
has the right to tell him, no, I'm
not going to stop.
I want to have the full term.
Unless he has a legitimate reason for that.
Her health, maybe, something like that.
So he has the right to tell her,
no, you're not going to nurse the child
for two years.
It's too much for you.
At what point would you cut off friendship
with a person due to them not taking
advice for their errors?
I think we covered that actually two sessions
ago.
If the person, their ways are now hurting
you, and harming you, and they're causing you
dharar.
In this case, that's when you maybe cut
ties with them.
But if their ways are not causing any
harm or damage, your duty is still to
try to keep advising them.
Whether they take that advice or not, that's
up to you, up to them to take
it or not.
Your job is to advise them.
But if you decide that, you know what,
that's going to harm me, it's going to
cause me damage, I'd rather stay away from
it, then you can.
In case of inheritance, if parents give more
to daughters during their lifetime as sons won't
be taking care of the daughters.
Same thing, it's haram.
You cannot dedicate in the inheritance more than
what Allah SWT has dedicated.
You're not more merciful than Allah SWT.
If Allah SWT chose to give the boys
and the girls in these shares, Allah knows
best.
However, if you have reason to suspect a
situation to happen after your death in that
fashion, you need to dedicate that wealth during
your lifetime when you're healthy and wealthy and
there is nothing to fear.
But if you're already on deathbed, you can't
dedicate anything now that it's over.
You cannot.
Or la qadrallah someone was diagnosed with terminal
illness, that they're dying anyway in six months
or one year.
That's it, you cannot dedicate anything anymore.
Unless you take permission from everybody else.
Without their permission, you cannot designate a specific
wealth or legacy to one of the inheritors.
For the non-Muslim parents, should we tell
them to transfer ownership of assets before they
die?
I mean, if they accept that, why not?
How soon before death do you need to
give a gift to an inheritor for it
not to be considered haram or harm?
As long as you're healthy and wealthy and
there is no, alhamdulillah, urgency on you to
do that because you're not dying or not
diagnosed with anything.
But once a person is already diagnosed with
terminal illness or already on their deathbed, that
money is no longer yours.
So you cannot dedicate to anybody else.
May Allah subhanahu wa ta'ala keep you
all safe.
Assalamualaikum warahmatullahi wabarakatuh.