Yaser Birjas – TaSeel Class 57

Yaser Birjas
AI: Summary ©
The speakers discuss the qualities and manners of sohoots, including loyalty, friendships, and manners. They stress the importance of avoiding harm in situations where one is not a Muslim and avoiding contact with people who commit suicide by drinking or committing suicide. They also discuss various narratives and rules related to the hadith, including the rule of being neutral and avoiding obligations. The speakers stress the importance of understanding the meaning of "has" in sharia language and emphasize the need for further research to determine its meaning. They stress the importance of investigating and avoiding information, avoiding topics like alcohol and drugs, and disregarding certain qualities in sharia language.
AI: Transcript ©
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Alhamdulillah rabbil alameen, salallahu wa sallam wa baraka

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nabiyyin wa muhammadin wa ala alihi wa sahbihi

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wa sallam wa tasliman kathira, thumma ma ba'd.

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Welcome you back with the Book of Imam

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Ibn Qudamah, rahimahullah wa ta'ala, mukhtasar minhaj

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al qasideen, in which we discuss the refinement

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of character.

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We came to the chapter on kitab wa

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adab as-sohbah.

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This chapter is about the qualities and the

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traits of sohbah, which means your friendship and

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the people that you associate yourself with.

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And he talked about what makes al-as

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-sohbah, good sohbah, companionship.

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What brings unity in companionship?

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He summarizes in one particular trait, do you

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guys remember it?

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What is it?

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Good character, good manners, husnul khuluq.

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Husnul khuluq brings people together.

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So what divides people then?

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Bad manners, bad akhlaq and bad manners.

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Who is the best of course of all

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akhlaq that we follow his example?

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Rasulullah sallallahu alayhi wasallam.

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What is the virtue?

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What do you get out of being with

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good akhlaq and good manners?

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What do you get out of that?

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Brings you what?

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Jannah.

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Jannah?

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Where in Jannah?

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What part of Jannah?

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The closest to who?

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The Prophet sallallahu alayhi wa sallam, VIP basically

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seating.

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As the Prophet sallallahu alayhi wa sallam mentioned

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that those who have the best akhlaq will

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be the closest to me in Jannah.

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And obviously those who have bad akhlaq will

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be farthest from the Prophet sallallahu alayhi wasallam.

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So he rahimallahu wa ta'ala now he's

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going to be talking about the concept of

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of course loyalty of akhlaq and manners had

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to do with the subject of faith.

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How close you are to Allah subhanahu wa

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ta'ala or far from Allah azza wa

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jal.

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So he's going to bring now three different

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people or at least categories of people that

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he says beware of these people.

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Like keep yourself associated with people with good

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akhlaq and good manners but avoid these three

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categories.

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Who are these people?

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Let's see what he says now.

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Bismillah walhamdulillah.

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Assalatu wassalamu ala rasulillah wa ala alihi wa

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man wala.

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So Imam Ibn Qudama, he continues.

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Know that those who go against Allah's command

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are of different types.

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The first type is an unbeliever.

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Qafir.

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So the first category he says al-kafir

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and you're going to see that the categories

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that he will be talking about, it goes

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from kafir to mubtadi' to fasiq or asi,

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sinner.

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So it goes from the highest to the

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lowest.

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From the most, the worst to the least.

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So that's how he's talking about them right

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now.

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So because the first category that you need

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to be aware of is unbeliever.

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Let's see what he says about it now.

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If he is a warmonger, harbi, he deserves

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to be disciplined or put into captivity.

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So that's because al-harbi, what does that

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mean?

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If someone with whom you have war and

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you meet them basically on a hostile ground,

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the expectation is that this is going to,

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the wars, it continues.

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So he goes look, those, they deserve to

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be captured.

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If you meet them in a battleground or

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a place where it's considered a hostile ground,

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then you capture them.

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That's the treatment for the harbi.

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Those who are warmongers with whom you have

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declared war against, as opposed to nation to

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nation.

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There is no humiliation beyond these two.

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Now.

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So that's the first category of the non

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-believers.

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The second category.

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If he is a subject of the Muslim

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state, the only harm that can be done

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to him is avoidance and scorn by forcing

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him to the narrow side of the road

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and not greeting him first.

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If he greets a Muslim by salam, the

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reply is alaikum, which means upon you.

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So let's repeat this again.

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So he says the second category right now

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is the person who is considered a subject

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of the Muslim state.

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The Arabic terminology back in the books of

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fiqh back then, they used to call them

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adh-dhimmi.

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Adh-dhimmi is somebody with whom you have

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contract.

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Somebody whom you have contract.

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Now back in the days, keep in mind,

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there were no system like we have today.

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The nation states.

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Because back then, citizenship was based on what?

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Based on where you belong, in which country

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you were born, and which society you belong

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to, who's your king, who's your lord.

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That's the kind of loyalty people had back

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then.

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Nowadays, that kind of system ended.

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So it's no longer about geographical location anymore,

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as much as political boundaries.

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Those are the imagined boundaries to say the

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state of such and such belongs, begins from

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this land to that land.

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These mountains and these rivers, so they create

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these borders, and they create a nation state.

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And everybody in that state is subject to

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the state, regardless of their faith, regardless of

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their background.

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Even if that line that they drew split

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an entire nation into two groups, like what

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happens in many countries today.

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We see, for example, Kurdistan.

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The Kurds are divided between four or five

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countries in the Middle East.

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And they're forced to be subject of different

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states, simply because somebody, the colonizers back then,

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they drew these lines, regardless of the people

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lived there, obviously, and they create these nation

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states.

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And now the loyalty expected of these people,

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who are cousins across the land, across the

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border, is to be from different countries.

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You belong to different countries, you have different

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loyalties right now.

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In many countries, they've done the same thing

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as well, too.

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So there's a kind of citizenship of that

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time.

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Today, citizenship is, again, considered based on the

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passport that you hold and the country that

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you belong to.

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At the time of the Muslim state, anybody

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who is non-Muslim, who lived in the

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Muslim state under the contract of al-Jizya.

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So al-Jizya worked like the contract back

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in the days.

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So if you pay the jizya, this is

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the official contract that you are citizen of

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this land and the state vows for your

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protection.

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If you pay the jizya, then the Muslim

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state is responsible to protect you and guard

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you and take care of you.

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Now, there are specific rules he mentioned over

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here, such as, if he's a subject of

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Muslim state, then the only harm that can

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be done to him is avoidance.

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Now the word harm, I think it's a

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poor translation over here to what's mentioned in

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the Arabic text.

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Basically, like, in this situation, you don't need

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to associate yourself with them.

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It's not like fighting the combatant over here.

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Instead, he said, you know what, you don't

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have to associate with them.

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That's what it means.

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And some of these examples is basically, like

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nowadays we have, if someone in this country,

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you are a citizen, you should have specific

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priorities.

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You have a specific, let's say, treatment, versus

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if you're coming on a visa, which is

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the contract nowadays.

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Or if you're, for example, someone living here,

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illegal for instance, right, they have a special

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treatment based on these classifications.

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So at that time, he says that in

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this situation, that society, so if the person

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was walking in the same road like yours,

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some of them, they misinterpret that, like, force

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them to take the narrow side of the

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road.

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It doesn't mean if the road is wide,

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you go and you force them to go

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to the wall.

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That's not what it means, actually.

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Instead, they say, if the road or the

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path that you're going through is an alley,

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for example, and it's narrow, so now one

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of you had to yield.

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That's what it means.

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He goes, don't yield.

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That's what the instruction gives.

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Don't yield, let them yield for you.

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That's it.

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So that's the meaning of this actual statement

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over here.

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And then he says, if they start with

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Salaam.

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If they start with Salaam, the ulema, they

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say, if the word is As-Salaamu Alaikum,

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somebody tells you As-Salaamu Alaikum, and you

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know for sure what they pronounced is As

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-Salaamu Alaikum, which means peace be with you,

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you respond Wa Alaikum As-Salaam.

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Because they pronounce it with peace be with

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you.

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But if you doubt what they pronounce, because

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the reason why the Prophet Sallallahu Alaihi Wasallam,

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he gave that instruction, is because the non

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-Muslims in Medina back then, the Jewish tribes,

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they used to pass by the Prophet Sallallahu

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Alaihi Wasallam and the munafiqeenah, they would say

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As-Salaamu Alaikum Muhammad, As-Salaamu Alaikum, which

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is like saying death, like may death be

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upon you.

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So the Prophet Sallallahu Alaihi Wasallam, he said

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Wa Alaikum, and you too.

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So Aisha radiallahu anha, she heard the Prophet

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saying that, she couldn't stay quiet.

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So she said, Wa Alaikum As-Salaam wa

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la'na, no, may you face death and

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curse of God.

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And the Prophet Sallallahu Alaihi Wasallam said, Mahi

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Aisha, easy, what are you saying?

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She said, didn't you hear what they said?

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He goes, yeah I did.

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That's why I said, and you too.

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Like if it was good, then good to

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you too, if it was otherwise, same thing

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to you.

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Because the Prophet Sallallahu Alaihi Wasallam was not

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fahish wa la'an, he was not someone

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who curses or speaks ill, Sallallahu Alaihi Wasallam

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wa alaik.

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So again, if you doubt what they said,

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then you say Wa Alaikum, and you too.

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But if you're sure, they say it's okay,

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they say Wa Alaikum As-Salaam.

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Okay, are you allowed to begin your co

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-worker, the non-Muslim co-worker, neighbor, with

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the greeting besides As-Salaamu Alaikum?

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Like, are you allowed to say, good morning,

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good evening, how are you doing, howdy?

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Are you allowed to say that?

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Of course, you are allowed to say that.

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That's part of being a good neighbor, of

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course, and a good co-worker and so

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on.

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The restriction was for the word Salaam.

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But here, again, if they say it to

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you first, you say Wa Alaikum As-Salaam.

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And he said next, It is best to

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refrain from accompanying him and dealing and eating

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with him.

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It is disliked to be totally relaxed and

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joyful with him, like one is with friends.

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So this is a general rule.

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It really depends on the person that we're

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talking about.

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Because some other ulama, they would say, sometimes,

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sometimes, the non-Muslim, the non-Muslim can

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be more trustworthy than some of the Muslims.

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Why is that?

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Because a non-Muslim who is faithful to

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his religion, like he is really loyal to

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the principles of faith.

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So he fears God, he understands the meaning

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of truthfulness and honesty and decency.

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He is much more religious than a Muslim

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in his faith, who is not necessarily following

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the principles of Islam.

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Because based on that, you can trust a

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non-Muslim more than the Muslim over here.

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So the standard rule over here is the

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subject of decency, honesty, akhlaq, and manners.

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That doesn't mean you prefer to be with

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a Muslim whose akhlaq are horrible.

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That's better for you to be accompanied of

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this person than being accompanied of someone who

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you can be safe for your iman and

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your deen with them, even though they're non

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-Muslims.

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You can sometimes be safe for your deen

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and iman with a non-Muslim who is

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respectful, who is actually loyal to the principles

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of their faith in that regard, that makes

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them behave in good akhlaq and good manners,

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than some Muslims who might be a danger

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to your faith if they drag you into

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the lap of sin.

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So that's something to be taken into consideration

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from the statements of these ulema.

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The second type is an innovator, muqtadir.

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If he invites others to accept an innovation,

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bid'ah, that leads to apostasy, his case

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is more severe than that of the non

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-Muslim subject because unlike a non-Muslim subject,

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he cannot be made to pay the jizya

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and is not excused by a contract.

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So let's talk first of all about the

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meaning of bid'ah over here.

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The second category, al-imam bin al-qudamah

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rahimahullah wa ta'ala speaking about to avoid

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having companionship with them, qal al-mubtadir, al

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-mubtadir, the innovator.

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So first of all let's talk about the

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meaning of innovator, al-mubtadir.

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So this has come from the word bid

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'ah, and the bid'ah means what?

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Innovation.

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So what is innovation?

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Al-bid'ah, as it was defined by

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ahl al-ilm, is like a pronoun that

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encompasses many things.

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What are these things?

00:12:56 --> 00:12:59

Anything that's been invented in matters of shari

00:12:59 --> 00:12:59

'ah.

00:13:01 --> 00:13:03

Anything that has been invented or that was

00:13:03 --> 00:13:05

invented in matters of shari'ah.

00:13:06 --> 00:13:08

So this first of all invented, which means

00:13:08 --> 00:13:08

what?

00:13:09 --> 00:13:12

It was not something we're used to, it's

00:13:12 --> 00:13:12

something new.

00:13:13 --> 00:13:17

In matters of shari'ah, meaning if it

00:13:17 --> 00:13:20

was matters of dunya, that's okay, we accept

00:13:20 --> 00:13:21

that.

00:13:21 --> 00:13:24

But in matters of shari'ah, yudaha fis

00:13:24 --> 00:13:27

shari'ah, wa yuqsadu bihi ttaqarrubu ila Allah,

00:13:27 --> 00:13:29

and the intention of doing it is to

00:13:29 --> 00:13:31

draw yourself nearer to Allah azza wa jalla,

00:13:31 --> 00:13:32

which means you seek reward for that.

00:13:33 --> 00:13:34

Let's give an example.

00:13:35 --> 00:13:40

If somebody decided that fasting is good for

00:13:40 --> 00:13:42

me, alhamdulillah, so I'm going to be fasting

00:13:42 --> 00:13:46

Mondays and Thursdays, however, sunset is too soon

00:13:46 --> 00:13:48

for me, so insha'Allah I'm going to

00:13:48 --> 00:13:50

be adding an extra hour, I'm going to

00:13:50 --> 00:13:52

break my fast at isha' time.

00:13:52 --> 00:13:54

What do you guys think of that?

00:13:55 --> 00:13:57

Ya jama'ah, what do you think of

00:13:57 --> 00:13:58

that?

00:13:58 --> 00:13:59

Why?

00:14:00 --> 00:14:01

Isn't he fasting?

00:14:02 --> 00:14:03

Isn't he doing something good?

00:14:04 --> 00:14:04

Right?

00:14:05 --> 00:14:07

And if the shari'ah allowed him to

00:14:07 --> 00:14:09

break his fast at sunset, he wants to

00:14:09 --> 00:14:11

extend until isha' insha'Allah ta'ala.

00:14:11 --> 00:14:13

That's more dedication, isn't it?

00:14:14 --> 00:14:16

And it sounds like devotion, right?

00:14:16 --> 00:14:18

But it's bid'ah, no doubt it's bid

00:14:18 --> 00:14:18

'ah.

00:14:19 --> 00:14:20

Because the Prophet sallallahu alayhi wa sallam didn't

00:14:20 --> 00:14:20

do that.

00:14:20 --> 00:14:23

That's now matters in shari'ah, invented in

00:14:23 --> 00:14:24

matters of religion.

00:14:24 --> 00:14:26

And what is he doing this for?

00:14:26 --> 00:14:28

To draw himself nearer to Allah subhanahu wa

00:14:28 --> 00:14:28

ta'ala.

00:14:29 --> 00:14:31

This is bid'ah, because it's in matters

00:14:31 --> 00:14:32

of deen.

00:14:33 --> 00:14:36

Someone says for Eid al-Adha this year

00:14:36 --> 00:14:39

insha'Allah ta'ala, I am going to

00:14:39 --> 00:14:43

buy a stallion, a one million dollar stallion

00:14:43 --> 00:14:45

and I'm going to make my udhiyah this

00:14:45 --> 00:14:46

animal, a horse.

00:14:46 --> 00:14:47

What do you guys think of that?

00:14:49 --> 00:14:51

Ya jama'ah, this guy is paying a

00:14:51 --> 00:14:53

million dollar for a horse to give it

00:14:53 --> 00:14:54

as an udhiyah.

00:14:54 --> 00:14:55

What's wrong with that?

00:14:55 --> 00:14:58

Tell me what's wrong with that?

00:14:58 --> 00:15:00

Just say it, bid'ah.

00:15:01 --> 00:15:02

Why is this bid'ah?

00:15:04 --> 00:15:06

Because horse is not one of the types

00:15:06 --> 00:15:08

of al-an'am that we use for

00:15:08 --> 00:15:08

udhiyah.

00:15:09 --> 00:15:11

It doesn't matter how expensive or how precious

00:15:11 --> 00:15:11

it is.

00:15:11 --> 00:15:14

Even if you're sacrificing a million dollar for

00:15:14 --> 00:15:15

the sake of Allah and for this animal,

00:15:16 --> 00:15:18

it doesn't make it qualified for that, right?

00:15:19 --> 00:15:19

Okay.

00:15:19 --> 00:15:22

Some of us might say, you know, five

00:15:22 --> 00:15:25

times a day, wallahi that's nothing.

00:15:25 --> 00:15:26

Allah deserves more than that.

00:15:26 --> 00:15:28

I'm going to make them ten salawat insha

00:15:28 --> 00:15:28

'Allah ta'ala.

00:15:29 --> 00:15:30

What do you guys think of this person?

00:15:31 --> 00:15:32

Absolutely bid'ah.

00:15:33 --> 00:15:34

Why is that?

00:15:34 --> 00:15:36

Because now you're adding number of salawat that

00:15:36 --> 00:15:38

Allah did not prescribe to us.

00:15:38 --> 00:15:40

So these now are matters of dunya, matters

00:15:40 --> 00:15:40

of shari'ah.

00:15:41 --> 00:15:42

So whether it's the bid'ah can be

00:15:42 --> 00:15:45

in terms of type, in terms of number,

00:15:45 --> 00:15:48

in terms of timing, in terms of quality,

00:15:49 --> 00:15:51

there are many different categories that make something

00:15:51 --> 00:15:53

or a matter that's done can be considered

00:15:53 --> 00:15:53

bid'ah.

00:15:54 --> 00:15:56

Now in matters of dunya, it's different.

00:15:56 --> 00:15:57

Like what?

00:15:57 --> 00:15:58

Somebody might say, wait a minute.

00:15:58 --> 00:16:00

I'm going to say this is something new

00:16:00 --> 00:16:01

that wasn't at the time of the Prophet

00:16:01 --> 00:16:03

ﷺ, that the Prophet didn't do it.

00:16:03 --> 00:16:05

So why are you driving cars?

00:16:06 --> 00:16:07

Why are you driving?

00:16:07 --> 00:16:08

Isn't it bid'ah to drive cars?

00:16:09 --> 00:16:10

What do you guys think?

00:16:10 --> 00:16:11

Why not?

00:16:13 --> 00:16:14

Because that's not a matter of akhirah, that's

00:16:14 --> 00:16:15

not a matter of deen, that's a matter

00:16:15 --> 00:16:16

of dunya.

00:16:16 --> 00:16:17

Matter of dunya is okay.

00:16:18 --> 00:16:20

Oh, look at you, masha'Allah, using microphones

00:16:20 --> 00:16:22

and laptops and the Prophet did that before?

00:16:23 --> 00:16:24

So this is bid'ah.

00:16:24 --> 00:16:25

You shouldn't be using it.

00:16:25 --> 00:16:25

What do you tell them?

00:16:26 --> 00:16:27

No, it's not.

00:16:27 --> 00:16:28

Why is that?

00:16:28 --> 00:16:30

Because these are matters of dunya, it's technology,

00:16:30 --> 00:16:31

matters of dunya, right?

00:16:32 --> 00:16:35

So we don't use this to take reward,

00:16:36 --> 00:16:37

we're using this to make it easy to

00:16:37 --> 00:16:38

spread that knowledge.

00:16:38 --> 00:16:39

The reward is in the spread of the

00:16:39 --> 00:16:41

knowledge itself, not the actual use of technology

00:16:41 --> 00:16:42

in that sense.

00:16:44 --> 00:16:46

Anything that is matters of dunya is acceptable

00:16:46 --> 00:16:48

because we learn that, if you remember in

00:16:48 --> 00:16:54

the previous hadith, the standard rule of matters

00:16:54 --> 00:16:57

of dunya is to be permissible unless you

00:16:57 --> 00:16:59

bring an evidence to suggest otherwise.

00:17:00 --> 00:17:02

And the standard rules of matters of deen

00:17:02 --> 00:17:03

is considered what?

00:17:04 --> 00:17:05

Impermissible.

00:17:06 --> 00:17:09

And you can't allow anything in our deen

00:17:09 --> 00:17:10

unless you have a proof or an evidence

00:17:10 --> 00:17:11

to suggest that.

00:17:12 --> 00:17:13

Are we clear on this, jama'at?

00:17:13 --> 00:17:16

So here when we say mubtada', someone mubtada',

00:17:16 --> 00:17:19

meaning someone who is inventing something in matters

00:17:19 --> 00:17:20

of deen.

00:17:20 --> 00:17:23

Also, inventions or at least innovations I would

00:17:23 --> 00:17:27

say, can be in matters of aqeedah and

00:17:27 --> 00:17:29

matters of a'mal, practice.

00:17:30 --> 00:17:31

Aqeedah like what?

00:17:32 --> 00:17:35

Like people start creating aqaid about Allah subhanahu

00:17:35 --> 00:17:37

wa ta'ala, about the Prophet ﷺ and

00:17:37 --> 00:17:38

so on.

00:17:38 --> 00:17:42

For example, when people start claiming, they claim

00:17:42 --> 00:17:46

that those saints, they give name to certain

00:17:46 --> 00:17:50

saints from history of Islam, these people, you

00:17:50 --> 00:17:51

know, they answer your call.

00:17:52 --> 00:17:53

If you ask them, they will help you.

00:17:53 --> 00:17:56

If you say, ya fulan, ya Hussain, ya

00:17:56 --> 00:17:58

Ali, ya kada', they will answer your call.

00:17:59 --> 00:18:00

That is bid'ah.

00:18:01 --> 00:18:03

And this bid'ah can be a bid

00:18:03 --> 00:18:05

'ah mukaffirah, like he said in the first

00:18:05 --> 00:18:08

category, if he invites others to accept an

00:18:08 --> 00:18:12

innovation that leads to apostasy, it's called bid

00:18:12 --> 00:18:15

'ah mukaffirah, that can lead a person to

00:18:15 --> 00:18:15

commit kufr.

00:18:17 --> 00:18:19

Like I remember one man, one day actually

00:18:19 --> 00:18:20

he asked a sheikh, the sheikh was my

00:18:20 --> 00:18:22

friend, he told me the story.

00:18:22 --> 00:18:24

So this man, he visited a Muslim country

00:18:24 --> 00:18:26

and in that Muslim country he entered a

00:18:26 --> 00:18:29

masjid and he didn't know, this man was

00:18:29 --> 00:18:30

just from the awam, so he entered the

00:18:30 --> 00:18:33

masjid and there in the masjid as he

00:18:33 --> 00:18:36

finished his salah, on his way out, he

00:18:36 --> 00:18:37

noticed there was a grave in the masjid.

00:18:38 --> 00:18:40

There was a grave in the masjid.

00:18:40 --> 00:18:42

He goes, what is this?

00:18:42 --> 00:18:46

He said, this is a grave of one

00:18:46 --> 00:18:47

of the great imams of Islam.

00:18:48 --> 00:18:50

And he asked, he said, who is he?

00:18:50 --> 00:18:52

So the custodian of the grave, he asked

00:18:52 --> 00:18:54

the man, he goes, what is your madhhab?

00:18:55 --> 00:18:56

What's your madhhab?

00:18:56 --> 00:18:58

He said, Shafi'i.

00:18:58 --> 00:19:00

He goes, well, this is Imam Shafi'i

00:19:00 --> 00:19:03

and you should be actually praying two rak

00:19:03 --> 00:19:03

'ah for him.

00:19:04 --> 00:19:06

So the sheikh, he told him, so what

00:19:06 --> 00:19:07

did you do?

00:19:07 --> 00:19:09

He goes, I prayed two rak'ah for

00:19:09 --> 00:19:09

the grave.

00:19:10 --> 00:19:11

Did I do anything wrong?

00:19:13 --> 00:19:16

So the man, subhanallah, his fitrah kicked in.

00:19:17 --> 00:19:19

Like he prayed two rak'ah towards the

00:19:19 --> 00:19:22

grave, but then his fitrah made him feel

00:19:22 --> 00:19:25

uncomfortable, like something was wrong.

00:19:25 --> 00:19:27

It didn't feel right, what he did.

00:19:27 --> 00:19:29

But under the moment and the pressure and

00:19:29 --> 00:19:32

ignorance in that moment, he thought, whatever.

00:19:33 --> 00:19:33

Right?

00:19:33 --> 00:19:33

So he did it.

00:19:34 --> 00:19:34

Alhamdulillah.

00:19:35 --> 00:19:36

So the sheikh, when he asked the sheikh,

00:19:36 --> 00:19:38

so did I do anything wrong?

00:19:39 --> 00:19:40

The sheikh said, no, nothing, you just commit

00:19:40 --> 00:19:41

kufr, yaani.

00:19:43 --> 00:19:46

Like you pray to a grave, are you

00:19:46 --> 00:19:46

out of your mind?

00:19:47 --> 00:19:50

So if people start creating these bid'ah,

00:19:51 --> 00:19:55

to pray around these graves, wiping over the

00:19:55 --> 00:19:58

fence for the barakah and the blessings, or

00:19:58 --> 00:20:01

putting sacrifices there for the sake of some

00:20:02 --> 00:20:04

dua to be accepted, all these are considered

00:20:04 --> 00:20:07

innovations and now these are innovations in aqeedah

00:20:07 --> 00:20:10

and they're extremely dangerous because they can take

00:20:10 --> 00:20:12

the person out of the fold of Islam.

00:20:12 --> 00:20:13

So that's the first one.

00:20:14 --> 00:20:15

The second, and he says, in this case,

00:20:15 --> 00:20:18

he says, if this person is actively calling

00:20:18 --> 00:20:21

people to this type of bid'ah, so

00:20:21 --> 00:20:22

what do we do?

00:20:22 --> 00:20:23

His case is…

00:20:23 --> 00:20:23

Go ahead.

00:20:25 --> 00:20:28

If the innovation is not of the sort

00:20:28 --> 00:20:29

that…

00:20:29 --> 00:20:29

No, no.

00:20:29 --> 00:20:30

His case is more severe.

00:20:31 --> 00:20:31

Say it again.

00:20:32 --> 00:20:33

If you go back to 63.

00:20:35 --> 00:20:36

In the first paragraph.

00:20:36 --> 00:20:38

So this one who leads to…

00:20:38 --> 00:20:39

his bid'ah leads to apostasy.

00:20:40 --> 00:20:43

His case is more severe than that of

00:20:43 --> 00:20:44

a non-Muslim subject.

00:20:48 --> 00:20:51

Because unlike a non-Muslim subject, he cannot

00:20:51 --> 00:20:53

be made to pay the jizya and is

00:20:53 --> 00:20:55

not excused by a contract.

00:20:55 --> 00:20:58

Like the non-Muslim, at least we can

00:20:58 --> 00:21:01

have him obey and listen because he's under

00:21:01 --> 00:21:02

contract.

00:21:03 --> 00:21:05

But this one, he's under no contract like

00:21:05 --> 00:21:06

this to follow the rules.

00:21:06 --> 00:21:07

So he's making his own rules.

00:21:07 --> 00:21:08

I'm a Muslim.

00:21:08 --> 00:21:09

This is actually the deen of Allah Azza

00:21:09 --> 00:21:09

wa Jalla.

00:21:09 --> 00:21:11

He's imposing this as being the deen of

00:21:11 --> 00:21:13

Allah subhanahu wa ta'ala.

00:21:13 --> 00:21:13

Yes.

00:21:14 --> 00:21:16

If the innovation is not of the sort

00:21:16 --> 00:21:19

that renders one an apostate, his case is

00:21:19 --> 00:21:24

undoubtedly less serious than that of an unbeliever.

00:21:25 --> 00:21:25

Like what?

00:21:26 --> 00:21:27

I don't know if you've seen some of

00:21:27 --> 00:21:29

these bid'ah that came about around the

00:21:29 --> 00:21:32

time of the Prophet's, as people, they would

00:21:32 --> 00:21:33

like to celebrate.

00:21:33 --> 00:21:36

So we've seen all these videos where people

00:21:36 --> 00:21:39

are standing in circles and shaking their heads

00:21:39 --> 00:21:39

and their bodies.

00:21:40 --> 00:21:42

And some people, they wear all these funny

00:21:42 --> 00:21:47

clothes with all the different colors to show

00:21:47 --> 00:21:49

poverty and need to Allah subhanahu wa ta

00:21:49 --> 00:21:52

'ala and then jumping and bouncing while they're

00:21:52 --> 00:21:55

just pronouncing nothing but uh, uh, uh, calling

00:21:55 --> 00:21:56

this dhikr and so forth.

00:21:56 --> 00:21:57

These are bid'ah.

00:21:57 --> 00:21:58

No doubt about it.

00:21:58 --> 00:22:01

They don't necessarily take the person out of

00:22:01 --> 00:22:04

the fold of Islam, but definitely they're not

00:22:04 --> 00:22:04

right.

00:22:06 --> 00:22:08

And it takes the person to stray away

00:22:08 --> 00:22:11

from the true path to Allah subhanahu wa

00:22:11 --> 00:22:11

ta'ala.

00:22:11 --> 00:22:12

So what's the ruling on this?

00:22:12 --> 00:22:13

He said his case is?

00:22:14 --> 00:22:21

His case is undoubtedly less serious than that

00:22:21 --> 00:22:25

of an unbeliever, but this is regarding the

00:22:25 --> 00:22:27

relation between him and Allah.

00:22:27 --> 00:22:29

Like as you have seen, this is, this

00:22:29 --> 00:22:32

is bad for this individual, but that's between

00:22:32 --> 00:22:33

him and Allah subhanahu wa ta'ala.

00:22:33 --> 00:22:34

May Allah guide his heart and forgive him.

00:22:35 --> 00:22:35

So it's still easier.

00:22:36 --> 00:22:36

Then?

00:22:37 --> 00:22:40

As for the rebuke that he faces, it

00:22:40 --> 00:22:43

is more severe than that faced by an

00:22:43 --> 00:22:47

unbeliever because the mischief of the latter affects

00:22:47 --> 00:22:50

him alone as no one cares what he

00:22:50 --> 00:22:51

says.

00:22:51 --> 00:22:55

He says, therefore your position or your treatment

00:22:55 --> 00:22:59

to this Mubtada supposed to be worse or

00:22:59 --> 00:23:00

this more severe than the way you deal

00:23:00 --> 00:23:01

with the non-Muslim.

00:23:02 --> 00:23:03

Why is that?

00:23:03 --> 00:23:05

Because if a non-Muslim speaks, no one's

00:23:05 --> 00:23:08

going to listen because they know he's speaking

00:23:08 --> 00:23:10

from his faith and he's not Muslim.

00:23:10 --> 00:23:12

So we don't really make big deal of

00:23:12 --> 00:23:13

what he says because we don't believe in

00:23:13 --> 00:23:14

it anyway to begin with.

00:23:15 --> 00:23:17

But if someone comes to you wearing mashallah

00:23:17 --> 00:23:19

the clothes of the ulama and he speaks

00:23:19 --> 00:23:21

the language of the ulama and he starts

00:23:21 --> 00:23:24

promoting these issues to the people, it's dangerous

00:23:24 --> 00:23:27

because the average person, he looks at the

00:23:27 --> 00:23:28

beard, he looks at the amama, he looks

00:23:28 --> 00:23:30

at this clothing, mashallah it's the clothes of

00:23:30 --> 00:23:31

the alim.

00:23:31 --> 00:23:33

So whatever he says, it must be true.

00:23:34 --> 00:23:35

So the people, they fall for the bid

00:23:35 --> 00:23:38

'ah because they just be deceived by the

00:23:38 --> 00:23:39

looks as a result of that.

00:23:40 --> 00:23:41

But if you know someone is non-Muslim

00:23:41 --> 00:23:42

and tells you something to do, you know,

00:23:42 --> 00:23:45

thank you very much, I'm not interested because

00:23:45 --> 00:23:46

you know this is not coming from a

00:23:46 --> 00:23:46

non-Muslim.

00:23:46 --> 00:23:49

But from a Muslim and he's mubtada, that

00:23:49 --> 00:23:50

can be dangerous.

00:23:50 --> 00:23:51

Now.

00:23:51 --> 00:23:54

This is not the case with an innovator

00:23:54 --> 00:23:56

who tells others to follow him as he

00:23:56 --> 00:24:00

claims that his views are correct and is

00:24:00 --> 00:24:03

thus a potential reason for the misguidance of

00:24:03 --> 00:24:04

others.

00:24:04 --> 00:24:06

That's the difference between him and the non

00:24:06 --> 00:24:06

-believer.

00:24:07 --> 00:24:08

The non-believer, when they speak, people say

00:24:08 --> 00:24:11

not interested, but someone who speaks as a

00:24:11 --> 00:24:13

Muslim, mashallah as a alim and they gives

00:24:13 --> 00:24:16

you all these false proofs and evidence that

00:24:16 --> 00:24:16

is halal.

00:24:17 --> 00:24:19

Yes, you are allowed to chant like this

00:24:19 --> 00:24:20

and do it in this fashion.

00:24:21 --> 00:24:23

And they give you all these weird evidence

00:24:23 --> 00:24:25

and proofs and a person who has not

00:24:25 --> 00:24:28

learned enough to know the right from wrong

00:24:28 --> 00:24:30

in these matters, they would say, yeah, this

00:24:30 --> 00:24:31

should be right.

00:24:31 --> 00:24:31

Now.

00:24:33 --> 00:24:36

Because the mischief of his innovation affects others,

00:24:37 --> 00:24:42

the hate, cutting of relations, enmity, scorn, condemnation

00:24:42 --> 00:24:46

and warning is more severe.

00:24:46 --> 00:24:48

So like because his effect might be more

00:24:48 --> 00:24:51

dangerous on the people, that's why warning against

00:24:51 --> 00:24:54

this individual and making sure people understand how

00:24:54 --> 00:24:56

wrong this is, is much more important than

00:24:56 --> 00:24:59

dealing with the non-believer in that case.

00:24:59 --> 00:24:59

Now.

00:25:17 --> 00:25:19

This is now somebody who is not a

00:25:19 --> 00:25:22

da'ia to his bid'ah, someone who

00:25:22 --> 00:25:24

is not actively calling others to follow his

00:25:24 --> 00:25:24

way.

00:25:24 --> 00:25:26

He's doing his own thing.

00:25:26 --> 00:25:26

That's it.

00:25:27 --> 00:25:29

So you see this individual after salah, he

00:25:29 --> 00:25:31

sits down and he starts making certain, you

00:25:31 --> 00:25:34

know, practices that he's not really inviting anybody

00:25:34 --> 00:25:36

and he's not causing any damage to anybody

00:25:36 --> 00:25:38

or he does.

00:25:38 --> 00:25:40

He says few things for him to himself,

00:25:40 --> 00:25:42

making specific dua and so on.

00:25:42 --> 00:25:43

That is not proper.

00:25:43 --> 00:25:46

For example, in terms of our deen, in

00:25:46 --> 00:25:47

this case, that's his own bid'ah.

00:25:48 --> 00:25:49

So he's not calling other people.

00:25:49 --> 00:25:50

And when you ask him, why you do

00:25:50 --> 00:25:51

that for?

00:25:52 --> 00:25:53

It's just like, I don't know.

00:25:53 --> 00:25:54

I just feel good about it.

00:25:54 --> 00:25:57

For example, like one time a brother, he's

00:25:57 --> 00:25:59

a revert, he joined a group of Sufi

00:25:59 --> 00:26:02

groups in which he goes to shake himself

00:26:02 --> 00:26:04

in the dhikr, the so-called dhikr, and

00:26:04 --> 00:26:05

he comes out sweating and so on.

00:26:05 --> 00:26:07

Somebody told him, why you do this for?

00:26:07 --> 00:26:09

He goes, please, please don't, don't stop me.

00:26:09 --> 00:26:10

I just love it.

00:26:11 --> 00:26:12

I just love it.

00:26:12 --> 00:26:15

So there is no religious justification other than

00:26:15 --> 00:26:16

just, I just love doing it.

00:26:17 --> 00:26:18

Is that good?

00:26:18 --> 00:26:19

No, it's not.

00:26:20 --> 00:26:22

But he's not calling anybody to come and

00:26:22 --> 00:26:22

join.

00:26:22 --> 00:26:24

So therefore, it's easier now.

00:26:26 --> 00:26:28

It is better to give gentle advice to

00:26:28 --> 00:26:31

a person like this, for the hearts of

00:26:31 --> 00:26:33

the laypeople are quick to change.

00:26:33 --> 00:26:36

Because your advice might subhanAllah awaken someone's heart

00:26:36 --> 00:26:36

like that.

00:26:37 --> 00:26:41

If advising him does not help, and one

00:26:41 --> 00:26:44

holds that avoiding him will make him realize

00:26:44 --> 00:26:47

the ugly nature of his innovation, there is

00:26:47 --> 00:26:50

no doubt that turning away from him is

00:26:50 --> 00:26:50

recommended.

00:26:50 --> 00:26:52

Like if you stop associating yourself with this

00:26:52 --> 00:26:55

individual and keep calling him, hey, what's wrong?

00:26:55 --> 00:26:56

Why don't you come again?

00:26:57 --> 00:26:58

Look, honestly, I don't want to be around

00:26:58 --> 00:27:00

these things that you do.

00:27:00 --> 00:27:02

I don't like going to this place where

00:27:02 --> 00:27:04

you have these things hanging around.

00:27:05 --> 00:27:06

And if you know that this will maybe

00:27:06 --> 00:27:09

make him change his ways, then avoiding him

00:27:09 --> 00:27:10

will be good.

00:27:10 --> 00:27:11

Now.

00:27:12 --> 00:27:15

If one knows that this would have no

00:27:15 --> 00:27:19

effect because of the person's stubbornness and firm

00:27:19 --> 00:27:21

conviction, it is still best to turn away.

00:27:22 --> 00:27:24

This is simple due to the fact that

00:27:24 --> 00:27:28

if the vileness of innovation is not magnified,

00:27:28 --> 00:27:31

it will spread among the people and ruin

00:27:31 --> 00:27:31

them.

00:27:31 --> 00:27:34

Like if he is not calling to it,

00:27:34 --> 00:27:36

and you know that avoiding him is going

00:27:36 --> 00:27:38

to help change him, it's good to avoid

00:27:38 --> 00:27:38

him.

00:27:39 --> 00:27:41

But if he's stubborn, and no matter how

00:27:41 --> 00:27:42

much you try, he's not going to even

00:27:42 --> 00:27:45

change that, then stay away from him otherwise,

00:27:46 --> 00:27:48

out of fear that you or others who

00:27:48 --> 00:27:50

come with you might be affected by some

00:27:50 --> 00:27:51

of those bid'ah and innovation that they

00:27:51 --> 00:27:52

practice.

00:27:52 --> 00:27:54

So that's the second category.

00:27:54 --> 00:27:56

The third category right now that you need

00:27:56 --> 00:27:57

to avoid.

00:27:58 --> 00:28:02

The third type is a sinner, asi, who

00:28:02 --> 00:28:04

does not believe his sin is permissible.

00:28:05 --> 00:28:07

So he's now talking about al-asi, somebody

00:28:07 --> 00:28:10

who is a sinner, commits sins, and they

00:28:10 --> 00:28:14

don't claim this to be okay, or halal,

00:28:14 --> 00:28:14

or right.

00:28:15 --> 00:28:18

Like for example, you ask people who drink,

00:28:18 --> 00:28:19

why are you doing that for?

00:28:20 --> 00:28:21

He's not going to say, why not?

00:28:23 --> 00:28:24

He's not going to say, why not?

00:28:24 --> 00:28:26

He will say, please make du'a for

00:28:26 --> 00:28:26

me.

00:28:28 --> 00:28:30

Basically he knows that he's doing wrong, but

00:28:30 --> 00:28:32

he's too weak to change himself.

00:28:32 --> 00:28:34

So he says, this is different, yes.

00:28:35 --> 00:28:39

If the sin is of the type that

00:28:39 --> 00:28:45

affects others, like oppression, dhulm, forceful seizure, ghazb,

00:28:46 --> 00:28:51

false witness, shahadat az-zuhr, backbiting, ghibah, and

00:28:51 --> 00:28:54

slander, namima, it is best to turn away

00:28:54 --> 00:28:58

from him by abstaining from his company and

00:28:58 --> 00:28:59

any dealings with him?

00:28:59 --> 00:29:05

So if somebody's sin extends beyond himself to

00:29:05 --> 00:29:07

others around him, then you need to avoid

00:29:07 --> 00:29:07

that.

00:29:07 --> 00:29:09

Like you don't want to sit with somebody

00:29:09 --> 00:29:12

and witness with your own eyes how they

00:29:12 --> 00:29:15

cheat people, how they assert their wealth or

00:29:15 --> 00:29:17

their properties in front of your eyes, or

00:29:17 --> 00:29:20

commit dhulm, injustice against them while you're present

00:29:20 --> 00:29:21

over there.

00:29:21 --> 00:29:22

You don't want to be around these people.

00:29:23 --> 00:29:24

You don't want to be around people who

00:29:24 --> 00:29:27

are sitting there, backbiting, slandering others that makes

00:29:27 --> 00:29:30

you start developing hate or maybe grudge against

00:29:30 --> 00:29:30

innocent people.

00:29:31 --> 00:29:32

So you stay away from those people who

00:29:32 --> 00:29:34

keep backbiting and so on.

00:29:34 --> 00:29:36

You stay away from these people.

00:29:37 --> 00:29:40

The sin applies to a person who incites

00:29:40 --> 00:29:44

others to adopt corruptive ways by, for example,

00:29:45 --> 00:29:48

bringing men and women together and facilitating drinking

00:29:48 --> 00:29:49

for the corrupt.

00:29:49 --> 00:29:51

Like basically creating parties, for example.

00:29:52 --> 00:29:55

Somebody's inviting people to a party where men

00:29:55 --> 00:29:56

and women will be mixed all together with

00:29:56 --> 00:29:58

all the haram things involved.

00:29:58 --> 00:30:00

So in this case, be aware of that

00:30:00 --> 00:30:01

and stay away from them.

00:30:01 --> 00:30:05

Such people should be humiliated and all ties

00:30:05 --> 00:30:07

to them should be cut.

00:30:07 --> 00:30:09

Like stay away from these people so that

00:30:09 --> 00:30:11

you don't get affected by their sin.

00:30:12 --> 00:30:15

The third, the last portion, the matter.

00:30:15 --> 00:30:18

The matter is not as severe with someone

00:30:18 --> 00:30:22

who sins by himself by drinking wine, khamar,

00:30:23 --> 00:30:28

fornicating, zina, stealing or neglecting an obligation, wajib.

00:30:28 --> 00:30:31

But if he is caught in the act,

00:30:31 --> 00:30:34

he must be stopped with what is necessary.

00:30:34 --> 00:30:36

Like if you see somebody, you know that

00:30:36 --> 00:30:37

this person, he goes to clubs.

00:30:39 --> 00:30:39

But you know what?

00:30:40 --> 00:30:41

He still comes to the masjid.

00:30:42 --> 00:30:45

You know the sister, for example, she out

00:30:45 --> 00:30:48

there, she's not wearing her hijab, for example.

00:30:48 --> 00:30:50

But she comes to the masjid.

00:30:50 --> 00:30:52

Do you cut them off?

00:30:52 --> 00:30:53

You don't.

00:30:53 --> 00:30:54

You be kind to them.

00:30:54 --> 00:30:55

You be gentle with them.

00:30:55 --> 00:30:57

And of course, give them the advice and

00:30:57 --> 00:30:58

hopefully Allah subhanahu wa ta'ala will guide

00:30:58 --> 00:31:00

their heart through your words.

00:31:00 --> 00:31:00

Now.

00:31:01 --> 00:31:05

If advice makes him stop and helps him

00:31:05 --> 00:31:08

the most, he should be advised.

00:31:08 --> 00:31:11

But if it is not of no use,

00:31:12 --> 00:31:16

it is of no use, harshness is resorted

00:31:16 --> 00:31:16

to.

00:31:16 --> 00:31:18

I think he's referring to hadith of Nabi

00:31:18 --> 00:31:20

sallallahu alayhi wa sallam that if someone sees

00:31:20 --> 00:31:23

a munkar, if someone sees a munkar, means

00:31:23 --> 00:31:26

a wrongdoing, you should try to change that.

00:31:27 --> 00:31:29

If you can change that by means of

00:31:29 --> 00:31:31

your authority, meaning physically, then you should.

00:31:32 --> 00:31:34

If not, then speak about it.

00:31:34 --> 00:31:35

If not, then with your heart and at

00:31:35 --> 00:31:37

the least level of iman.

00:31:38 --> 00:31:40

So if you can help by changing, by

00:31:40 --> 00:31:42

physically moving them from one place to the

00:31:42 --> 00:31:44

other one, or maybe turn off the TV

00:31:44 --> 00:31:45

or the laptop, for example, in front of

00:31:45 --> 00:31:47

their eyes, that they're watching something haram, then

00:31:47 --> 00:31:48

you should do that.

00:31:48 --> 00:31:50

So the advice right now is not enough.

00:31:52 --> 00:31:53

Closing the laptop in front of their face,

00:31:53 --> 00:31:55

for example, would be the thing to do.

00:31:56 --> 00:31:58

Of course, provided that you have that level

00:31:58 --> 00:32:00

of authority with them, like being a friend

00:32:00 --> 00:32:02

or being an older sibling or being in

00:32:02 --> 00:32:04

the house with you, something like that.

00:32:04 --> 00:32:07

So we need to maintain that and to

00:32:07 --> 00:32:09

make sure that they don't continue to fall

00:32:09 --> 00:32:10

into the sin.

00:32:11 --> 00:32:14

So here Imam Ibn Qudamah said, look, out

00:32:14 --> 00:32:16

of all the people, three categories avoid them.

00:32:17 --> 00:32:20

Someone who doesn't believe in Allah subhanahu wa

00:32:20 --> 00:32:23

ta'ala and being around them might affect

00:32:23 --> 00:32:24

your dhikr and iman.

00:32:24 --> 00:32:27

Number two, someone who's a Muslim but an

00:32:27 --> 00:32:30

innovator, that his bid'ah might affect the

00:32:30 --> 00:32:31

quality of your practice of your dhikr and

00:32:31 --> 00:32:32

your iman.

00:32:32 --> 00:32:33

Stay away from them.

00:32:33 --> 00:32:36

And someone who commits a sin, and that

00:32:36 --> 00:32:38

sin that they're committing, it might affect you

00:32:38 --> 00:32:40

and the people around you, like injustice and

00:32:40 --> 00:32:41

so on.

00:32:41 --> 00:32:44

But if their sin is not to that

00:32:44 --> 00:32:47

level, then your duty towards them is to

00:32:47 --> 00:32:50

keep good companionship and try to advise them.

00:32:50 --> 00:32:53

If that advice is not helping, and they're

00:32:53 --> 00:32:55

not changing, and staying around them might affect

00:32:55 --> 00:32:57

you, that's when you decide to say, you

00:32:57 --> 00:33:00

know what, okay, we're going to go separate

00:33:00 --> 00:33:00

ways.

00:33:01 --> 00:33:03

Now what about the best qualities?

00:33:04 --> 00:33:05

What are the qualities we should be looking

00:33:05 --> 00:33:08

for in the people that we associate ourselves

00:33:08 --> 00:33:08

with?

00:33:08 --> 00:33:10

That's going to be our discussion in the

00:33:10 --> 00:33:12

next chapter insha'Allah wa tabarak wa ta

00:33:12 --> 00:33:12

'ala.

00:33:13 --> 00:33:15

There's going to be next week, but just

00:33:15 --> 00:33:17

remember that next week our session will be

00:33:17 --> 00:33:19

after Isha, not after Maghrib, insha'Allah.

00:33:19 --> 00:33:21

So we will continue with the second book,

00:33:22 --> 00:33:22

bismillah.

00:33:46 --> 00:33:49

I believe we're at page 486, is that

00:33:49 --> 00:33:50

what the page we're running from today?

00:33:53 --> 00:33:54

Yes, we're going to go a little bit,

00:33:55 --> 00:33:56

two paragraphs, so we're going to start from

00:33:56 --> 00:34:00

page 486 insha'Allah wa ta'ala, with

00:34:00 --> 00:34:02

the fourth category that was mentioned in the

00:34:02 --> 00:34:02

hadith insha'Allah.

00:34:02 --> 00:34:04

So those with us who have the book

00:34:04 --> 00:34:06

with you, it's going to be page 486

00:34:06 --> 00:34:06

insha'Allah.

00:34:08 --> 00:34:11

Alhamdulillah rabbil alameen, salallahu wasalam, wa baraka nabina

00:34:11 --> 00:34:13

muhammadin wa ala alihi wa sahbihi wasalam, tasliman

00:34:13 --> 00:34:15

kathira, thumma amma ba'd.

00:34:16 --> 00:34:20

We're still reading from hadith number 30, hadith

00:34:20 --> 00:34:21

Abu Tha'alib al-Khushani radiyallahu ta'ala

00:34:21 --> 00:34:23

wa rada'a, in which the Prophet sallallahu

00:34:23 --> 00:34:28

alaihi wa sallam said, inna allaha farada fara

00:34:28 --> 00:34:31

'idha, as he says, salallahu alaihi wa sallam,

00:34:31 --> 00:34:33

falatu dayu'uha, don't waste them.

00:34:33 --> 00:34:36

wa hadda hududan fala ta'taduha, and he put

00:34:36 --> 00:34:38

some limits, don't cross them, don't exceed them.

00:34:39 --> 00:34:41

wa harrama ashyaa, and he made things prohibited,

00:34:41 --> 00:34:44

fala tantahikuha, don't violate them.

00:34:44 --> 00:34:47

wa sakata'an ashyaa rahmatan bikum ghayra nisyan,

00:34:47 --> 00:34:50

and he remains silent over certain matters, out

00:34:50 --> 00:34:54

of mercy, not out of forgetfulness, fala tabhathu

00:34:54 --> 00:34:56

anha, don't investigate these matters.

00:34:56 --> 00:34:57

So the last thing we talked about last

00:34:57 --> 00:35:01

time was, we started actually with category number

00:35:01 --> 00:35:03

four, but we need to go back a

00:35:03 --> 00:35:04

little bit so we can start from the

00:35:04 --> 00:35:05

beginning with it insha'Allah wa ta'ala,

00:35:06 --> 00:35:07

starting from the point where it says, as

00:35:07 --> 00:35:10

for that on which he has been silent.

00:35:10 --> 00:35:10

Bismillah.

00:35:11 --> 00:35:16

The Prophet sallallahu alaihi wa sallam writes, as

00:35:16 --> 00:35:18

for that on which he has been silent,

00:35:18 --> 00:35:21

it is those matters whose judgment, whether permissibility,

00:35:21 --> 00:35:25

obligation, or prohibition, is not mentioned, so that

00:35:25 --> 00:35:26

it is pardoned, and there is nothing against

00:35:26 --> 00:35:27

somebody who does them.

00:35:27 --> 00:35:30

It is this which those aforementioned hadith, such

00:35:30 --> 00:35:32

as the hadith of Abu Talib, show.

00:35:32 --> 00:35:35

So this hadith, like he says, look, the

00:35:35 --> 00:35:37

matters on which the shari'ah is not

00:35:37 --> 00:35:39

saying anything, so there is no rule in

00:35:39 --> 00:35:41

the shari'ah to say it's halal, though

00:35:41 --> 00:35:44

it says it's haram, there's nothing to say

00:35:44 --> 00:35:44

about it.

00:35:44 --> 00:35:45

What's the ruling?

00:35:45 --> 00:35:47

So he gave the standard rule immediately.

00:35:48 --> 00:35:50

He goes, the standard rule, that is to

00:35:50 --> 00:35:55

be considered neutral, and that's what the hadith

00:35:55 --> 00:35:57

indicates, he said, that we should look at

00:35:57 --> 00:35:59

these matters to be neutral, and that's what

00:35:59 --> 00:36:01

the hadith that we have indicates.

00:36:01 --> 00:36:04

However, he now is going to explain that

00:36:04 --> 00:36:07

everything the shari'ah is silent about is

00:36:07 --> 00:36:11

considered neutral, because there are specific indications in

00:36:11 --> 00:36:12

the text of the Qur'an and the

00:36:12 --> 00:36:14

sunnah of the Prophet sallallahu alaihi wa sallam,

00:36:14 --> 00:36:18

things implied, those implications right now will be

00:36:18 --> 00:36:21

taken into consideration to decide if it's permissible

00:36:21 --> 00:36:21

or otherwise.

00:36:21 --> 00:36:23

So he's going to continue with that inshallah

00:36:23 --> 00:36:23

ta'ala.

00:36:24 --> 00:36:24

Let's see what he says.

00:36:25 --> 00:36:27

There are different wordings of the hadith of

00:36:27 --> 00:36:27

Abu Thaliba.

00:36:28 --> 00:36:30

It has been narrated with the aforementioned wording,

00:36:30 --> 00:36:32

and it has been narrated with another wording

00:36:32 --> 00:36:35

which is, Allah has made obligations obligatory, so

00:36:35 --> 00:36:37

do not waste them, and He has forbidden

00:36:37 --> 00:36:39

some things, so do not violate them, and

00:36:39 --> 00:36:41

He has pardoned some things not out of

00:36:41 --> 00:36:43

forgetfulness, so do not investigate them.

00:36:44 --> 00:36:46

This hadith is narrated by Ishaq ibn Rahway.

00:36:47 --> 00:36:49

It is narrated in another wording which is,

00:36:49 --> 00:36:51

Allah has made obligations obligatory, so do not

00:36:51 --> 00:36:54

waste them, and He laid down sunnahs for

00:36:54 --> 00:36:56

you, so do not violate them, and He

00:36:56 --> 00:36:58

has made some things haram for you, so

00:36:58 --> 00:37:00

do not overstep them, and between that He

00:37:00 --> 00:37:03

left some things without forgetfulness as a mercy

00:37:03 --> 00:37:05

for you, so accept them and do not

00:37:05 --> 00:37:05

investigate them.

00:37:05 --> 00:37:07

So all these narrations right now that he's

00:37:07 --> 00:37:09

referring to, they all indicate the same rule.

00:37:10 --> 00:37:10

What is that?

00:37:11 --> 00:37:13

What is haram in the text is clear,

00:37:13 --> 00:37:15

what is halal is clear in the text

00:37:15 --> 00:37:17

right now, anything the sharia did not say

00:37:17 --> 00:37:19

anything about remains silent, it should be neutral.

00:37:20 --> 00:37:21

It should be neutral.

00:37:21 --> 00:37:22

Then he's going to explain further now in

00:37:22 --> 00:37:24

details in the next paragraph.

00:37:24 --> 00:37:26

However something, However something that ought to be

00:37:26 --> 00:37:28

known is that the mention of something in

00:37:28 --> 00:37:31

terms of making it haram or halal is

00:37:31 --> 00:37:33

of those things whose understanding may be concealed

00:37:33 --> 00:37:35

of text from the book and the sunnah,

00:37:36 --> 00:37:38

because the implication of these texts may be

00:37:38 --> 00:37:40

by means of the letter of the text

00:37:40 --> 00:37:41

and clear declaration.

00:37:41 --> 00:37:43

Okay, before we continue here, this paragraph is

00:37:43 --> 00:37:44

extremely extremely important.

00:37:45 --> 00:37:48

Imam ibn Rajab rahimallah, he jumped straight right

00:37:48 --> 00:37:50

now into usul al-fiqh.

00:37:50 --> 00:37:51

So he moved straight to usul al-fiqh,

00:37:51 --> 00:37:53

this is now the theory of law.

00:37:53 --> 00:37:57

He's going to explain right now how a

00:37:57 --> 00:38:01

sukoot, like being silent over matter, is understood

00:38:01 --> 00:38:02

from the text.

00:38:02 --> 00:38:04

So the text of the Quran and the

00:38:04 --> 00:38:05

sunnah of the Prophet sallallahu alayhi wa sallam.

00:38:05 --> 00:38:06

You can't invent these rules.

00:38:07 --> 00:38:09

It has to be somehow mentioned in the

00:38:09 --> 00:38:11

Quran or the sunnah of the Prophet sallallahu

00:38:11 --> 00:38:11

alayhi wa sallam.

00:38:11 --> 00:38:13

You said, wait a minute, I thought you

00:38:13 --> 00:38:15

said that, you know, if it's something silent

00:38:15 --> 00:38:15

then it's supposed to be neutral.

00:38:16 --> 00:38:16

Yes.

00:38:16 --> 00:38:19

But it also needs to be understood from

00:38:19 --> 00:38:20

the text of the Quran and the sunnah

00:38:20 --> 00:38:22

of the Prophet sallallahu alayhi wa sallam in

00:38:22 --> 00:38:22

different format.

00:38:23 --> 00:38:28

These principles are called dalalatul alfad, which means

00:38:28 --> 00:38:31

textual implications, textual implication.

00:38:32 --> 00:38:34

Give an example before we get to this

00:38:34 --> 00:38:34

point.

00:38:35 --> 00:38:37

The Arabic language, the Arabic language and grammar

00:38:37 --> 00:38:40

is important to understand the specific rules of

00:38:40 --> 00:38:42

sharia, the specific rules of the sharia.

00:38:43 --> 00:38:45

Like if Allah subhanahu wa ta'ala says,

00:38:45 --> 00:38:49

and establish the prayers.

00:38:49 --> 00:38:50

What do you understand from this ayah?

00:38:52 --> 00:38:53

What does it mean?

00:38:54 --> 00:38:54

Establish Salah.

00:38:54 --> 00:38:55

What does it mean?

00:38:56 --> 00:38:58

Is it, is it recommended or mandatory?

00:39:00 --> 00:39:01

Recommended or mandatory, jama'a?

00:39:01 --> 00:39:03

What do you say is mandatory?

00:39:05 --> 00:39:06

Because of the verb that is used over

00:39:06 --> 00:39:10

there is what imperative verb, aqeemu, means establish,

00:39:10 --> 00:39:11

do it.

00:39:11 --> 00:39:14

So in the Arabic language, any imperative verb,

00:39:14 --> 00:39:17

the standard indication is to be an obligation

00:39:17 --> 00:39:19

unless there is an evidence to suggest otherwise.

00:39:19 --> 00:39:22

So it's always binding unless there is a

00:39:22 --> 00:39:25

suggestion to, an evidence to suggest otherwise.

00:39:25 --> 00:39:28

Okay, is that command right now?

00:39:28 --> 00:39:31

Is that command should be done immediately or

00:39:31 --> 00:39:32

at your convenience?

00:39:34 --> 00:39:36

Ya jama'a, like, do you have a

00:39:36 --> 00:39:37

choice?

00:39:37 --> 00:39:38

And can you say, well, I'll do it,

00:39:38 --> 00:39:39

thank you.

00:39:39 --> 00:39:40

But maybe when I have, when I have

00:39:40 --> 00:39:41

time insha'Allah wa ta'ala.

00:39:41 --> 00:39:42

The answer is no.

00:39:43 --> 00:39:45

Because what's the major implication of an imperative

00:39:45 --> 00:39:45

verb?

00:39:45 --> 00:39:46

It's supposed to be what?

00:39:47 --> 00:39:47

Immediately.

00:39:48 --> 00:39:50

Unless it suggests, suggests something otherwise.

00:39:51 --> 00:39:53

Like if someone, if your dad, for example,

00:39:53 --> 00:39:56

your parent asks you, bring me a cup

00:39:56 --> 00:39:56

of water.

00:39:58 --> 00:39:59

When should you do that?

00:40:00 --> 00:40:02

What if you do it after 10 minutes?

00:40:03 --> 00:40:04

You'll be smacked on the head, right?

00:40:05 --> 00:40:05

And say, why?

00:40:06 --> 00:40:07

I got you the cup of water.

00:40:07 --> 00:40:09

Ya, after 10 minutes?

00:40:10 --> 00:40:12

Because in the language, if someone gives you

00:40:12 --> 00:40:15

an order, the implication is to be understood

00:40:15 --> 00:40:16

immediately, right?

00:40:16 --> 00:40:19

So the Arabic language and the grammar and

00:40:19 --> 00:40:21

the phrase of the Arabic language has the

00:40:21 --> 00:40:24

power to give you specific understanding and meaning.

00:40:24 --> 00:40:28

These understandings and meanings called dalalatul alfad, textual

00:40:28 --> 00:40:29

implications.

00:40:29 --> 00:40:32

Here he's going to speak about how the

00:40:32 --> 00:40:35

shari'a, how the shari'a, even though

00:40:35 --> 00:40:40

it's technically silent about certain matters, but that

00:40:40 --> 00:40:44

silence right now can be negated by specific

00:40:44 --> 00:40:44

indications.

00:40:45 --> 00:40:47

Even though it's not mentioned in the shari

00:40:47 --> 00:40:50

'a, but it's implied in the text.

00:40:50 --> 00:40:53

And those implications, even though they're not spoken,

00:40:54 --> 00:40:56

but they still need to be taken to

00:40:56 --> 00:40:57

consideration.

00:40:57 --> 00:40:59

Let's see what are these implications he's talking

00:40:59 --> 00:40:59

about here.

00:40:59 --> 00:41:02

So he says, so basically those things whose

00:41:02 --> 00:41:05

understanding may be concealed of text from the

00:41:05 --> 00:41:09

book and the sunnah, because the implication of

00:41:09 --> 00:41:10

these texts may.

00:41:10 --> 00:41:14

Now, how can we reveal or understand these

00:41:14 --> 00:41:14

implications?

00:41:15 --> 00:41:15

Let's see the example.

00:41:16 --> 00:41:16

Number one.

00:41:17 --> 00:41:18

They may be by means of the letter

00:41:18 --> 00:41:20

of the text and clear declaration.

00:41:20 --> 00:41:24

So this is called dalalatul nas, al nas,

00:41:24 --> 00:41:28

meaning the haram and halal is clearly mentioned

00:41:28 --> 00:41:30

to you in the Quran by the actual

00:41:30 --> 00:41:30

text.

00:41:30 --> 00:41:32

And we talked about earlier before, in the

00:41:32 --> 00:41:33

first two categories.

00:41:33 --> 00:41:37

When Allah says, it's haram to you to

00:41:37 --> 00:41:37

do this.

00:41:38 --> 00:41:40

And the Prophet sallallahu alayhi wa sallam says,

00:41:41 --> 00:41:43

and Allah made halal sale and trade for

00:41:43 --> 00:41:44

you.

00:41:44 --> 00:41:46

So the text, the clarity of the text

00:41:46 --> 00:41:49

is obvious that it says halal and haram

00:41:49 --> 00:41:49

over here.

00:41:50 --> 00:41:56

And the second, so it could be through

00:41:56 --> 00:41:57

the generality of the text.

00:41:58 --> 00:42:00

Like what Allah sallallahu alayhi wa sallam says

00:42:00 --> 00:42:00

over here.

00:42:04 --> 00:42:06

What's the meaning of ahallallahu albay' means Allah

00:42:06 --> 00:42:06

made what?

00:42:07 --> 00:42:09

Trade and sale, halal, right?

00:42:10 --> 00:42:14

So the sharia right now is remain silent,

00:42:14 --> 00:42:16

remain silent on specific sales and trades.

00:42:17 --> 00:42:18

Like what?

00:42:21 --> 00:42:23

Be'il ajaf for example, installments for example.

00:42:25 --> 00:42:27

If you'd like to trade, let's say, can

00:42:27 --> 00:42:28

you sell your cars?

00:42:29 --> 00:42:30

Can you sell camels?

00:42:31 --> 00:42:32

Can you sell watches?

00:42:33 --> 00:42:34

Can you sell laptops?

00:42:34 --> 00:42:36

Does the sharia have to speak about everything?

00:42:36 --> 00:42:38

No, but it's implied.

00:42:38 --> 00:42:41

Halallahu albay' So therefore it's implied over here.

00:42:41 --> 00:42:44

And riba is considered haram.

00:42:44 --> 00:42:47

Doesn't have to tell you everything in details.

00:42:47 --> 00:42:49

If it has riba, then khalas, it's haram.

00:42:49 --> 00:42:49

It's over.

00:42:50 --> 00:42:53

So by the generality of the text, it's

00:42:53 --> 00:42:53

included.

00:42:53 --> 00:42:56

The third category, which is the more technical

00:42:56 --> 00:42:56

here.

00:42:56 --> 00:42:59

Or they may be by means of eliciting

00:42:59 --> 00:43:01

what is intended and drawing attention to it.

00:43:01 --> 00:43:03

As in his saying, exalted is he.

00:43:03 --> 00:43:05

Fala taqullahu ma' uf Do not say uf

00:43:05 --> 00:43:06

to them.

00:43:06 --> 00:43:09

Because this comprises those harmful and injurious matters

00:43:09 --> 00:43:11

which are more serious than saying uf by

00:43:11 --> 00:43:13

following the logic of what is more fittingly

00:43:13 --> 00:43:16

and appropriately considered an expression of disrespect.

00:43:18 --> 00:43:18

Go on.

00:43:19 --> 00:43:21

That is called understanding derived from agreement.

00:43:22 --> 00:43:25

Mafoom al muwafaqa It is proof It's proof

00:43:25 --> 00:43:28

may come by way of understanding the contrary.

00:43:28 --> 00:43:31

Mafoom al muwafaqa Such as in his saying,

00:43:31 --> 00:43:33

on pasturing animals there is no zakah.

00:43:34 --> 00:43:35

There is what?

00:43:35 --> 00:43:36

On pasturing animals there is?

00:43:37 --> 00:43:38

There is no zakah due.

00:43:38 --> 00:43:41

Because it shows by what is understood from

00:43:41 --> 00:43:43

it that there is no zakah on non

00:43:43 --> 00:43:45

-pasturing animals which most have taken to be

00:43:45 --> 00:43:47

the case in which they reckon as understanding

00:43:47 --> 00:43:50

an implied contrary in which they regard as

00:43:50 --> 00:43:51

a proof.

00:43:51 --> 00:43:54

So the third category of how to recognize

00:43:54 --> 00:43:55

that he says when you go up here

00:43:55 --> 00:43:59

in the paragraph or they may be means

00:43:59 --> 00:44:02

of elucidating what is intended and drawing attention

00:44:02 --> 00:44:02

to it.

00:44:02 --> 00:44:04

So there are two principles of it.

00:44:04 --> 00:44:06

This is called fahwa al khitab in the

00:44:06 --> 00:44:09

Arabic language or fahwa al khitab which means

00:44:09 --> 00:44:12

it's kind of drawing attention to something it

00:44:12 --> 00:44:14

draws your attention to something that's what it

00:44:14 --> 00:44:17

means or fahwa which means implication or intended

00:44:17 --> 00:44:18

in the statement.

00:44:18 --> 00:44:20

Even though it's not spoken but it's intended.

00:44:21 --> 00:44:22

And there are two ways for doing that.

00:44:23 --> 00:44:25

Number one or A is what we call

00:44:25 --> 00:44:32

mafhumul muwafaqa saying something and you mean to

00:44:32 --> 00:44:34

include something else with it.

00:44:34 --> 00:44:36

Even though you don't speak it but it's

00:44:36 --> 00:44:37

implied and intended.

00:44:37 --> 00:44:38

Why?

00:44:38 --> 00:44:40

So you go from the lower to the

00:44:40 --> 00:44:41

higher.

00:44:41 --> 00:44:45

Such as the ayah that he quoted never

00:44:45 --> 00:44:48

ever say to your parents.

00:44:49 --> 00:44:50

So that's what he said.

00:44:50 --> 00:44:52

What does that mean right now?

00:44:52 --> 00:44:56

Are you allowed to hit them?

00:44:57 --> 00:44:58

Are you allowed to hit them?

00:44:59 --> 00:45:01

Are you allowed to insult them with words?

00:45:02 --> 00:45:03

Yeah but the ayah doesn't say anything.

00:45:03 --> 00:45:05

The ayah just prohibits you from saying or

00:45:05 --> 00:45:05

off.

00:45:06 --> 00:45:06

That's it.

00:45:07 --> 00:45:09

So now this is called mafhumul muwafaqa which

00:45:09 --> 00:45:12

means the ayah only mentioned what?

00:45:12 --> 00:45:13

The bare minimum.

00:45:14 --> 00:45:19

So the highest degree is already intended in

00:45:19 --> 00:45:19

the text.

00:45:19 --> 00:45:21

Even though it's not spoken.

00:45:21 --> 00:45:23

So even though the sharia or the text

00:45:23 --> 00:45:27

is silent about this bad behavior such as

00:45:27 --> 00:45:29

insulting parents or being physical with them and

00:45:29 --> 00:45:30

so on in that manner.

00:45:30 --> 00:45:32

It's not mentioned in the sharia.

00:45:32 --> 00:45:32

Right?

00:45:33 --> 00:45:36

Does it mean it's considered neutral and permissible?

00:45:36 --> 00:45:37

Of course not.

00:45:37 --> 00:45:40

Because that's called right now mafhumul muwafaqa.

00:45:40 --> 00:45:42

It goes from the lower to the higher

00:45:42 --> 00:45:44

understanding of it.

00:45:44 --> 00:45:47

The second category B is the opposite.

00:45:47 --> 00:45:50

What is known as understanding the contrary or

00:45:50 --> 00:45:52

mafhumul mukhalafa.

00:45:54 --> 00:45:57

So mafhumul mukhalafa is basically, it's the opposite

00:45:57 --> 00:45:57

round.

00:45:58 --> 00:46:00

So the Prophet ﷺ mentioned the hadith laisa

00:46:00 --> 00:46:02

or fil ghanam he said, fil ghanam al

00:46:02 --> 00:46:06

saimat al zakah The pasturing animals you pay

00:46:06 --> 00:46:06

zakah on.

00:46:07 --> 00:46:08

Because it's eating from what?

00:46:08 --> 00:46:10

From what Allah has provided.

00:46:11 --> 00:46:14

But if you feed your animal if you

00:46:14 --> 00:46:18

feed and most of it's feeding is on

00:46:18 --> 00:46:20

you, then there is no zakah on it.

00:46:21 --> 00:46:25

If 55% for example feeding the animals,

00:46:25 --> 00:46:27

let's say you have sheep, and you provide

00:46:27 --> 00:46:30

55% of the food and the other

00:46:30 --> 00:46:32

45, you know they graze in the field.

00:46:33 --> 00:46:35

So in this case, you are actually responsible

00:46:35 --> 00:46:37

55% of the feeding, there is no

00:46:37 --> 00:46:38

zakah on that animal.

00:46:39 --> 00:46:41

But if your animal, most of it's feeding

00:46:41 --> 00:46:44

from the pasture, you pay zakah on it.

00:46:44 --> 00:46:46

So here the Prophet ﷺ did not say

00:46:46 --> 00:46:48

that if you feed it you don't pay

00:46:48 --> 00:46:49

zakah.

00:46:49 --> 00:46:50

But it's already implied.

00:46:51 --> 00:46:52

Because the Prophet ﷺ says, only the one

00:46:52 --> 00:46:55

that eats from the pasture, the one that

00:46:55 --> 00:46:56

you pay zakah on.

00:46:56 --> 00:46:59

So mafhumul mukhalafa the understanding of contrary that

00:46:59 --> 00:47:01

if it doesn't eat from the pasture, then

00:47:01 --> 00:47:02

you don't pay zakah on it.

00:47:02 --> 00:47:04

You don't pay zakah on that.

00:47:04 --> 00:47:08

Another example Allah ﷻ says about a divorcee

00:47:08 --> 00:47:15

after the third divorce, He said She is

00:47:15 --> 00:47:18

not permissible for him anymore, you can't remarry

00:47:18 --> 00:47:21

her again until she marries somebody else.

00:47:21 --> 00:47:24

Who can tell me what is mafhumul mukhalafa

00:47:24 --> 00:47:26

the understanding of the contrary from this ayah.

00:47:30 --> 00:47:33

You can't remarry her again until she marries

00:47:33 --> 00:47:34

somebody else.

00:47:34 --> 00:47:36

What is the understanding of contrary?

00:47:45 --> 00:47:48

No, she is already divorced and now she

00:47:48 --> 00:47:50

is three times divorced so she can't remarry

00:47:50 --> 00:47:51

her first husband.

00:47:52 --> 00:47:56

But the ayah says She is not permissible

00:47:56 --> 00:47:58

for him anymore until she marries somebody else.

00:47:58 --> 00:48:00

What is the mafhumul mukhalafa, the contrary?

00:48:01 --> 00:48:05

That if she doesn't marry somebody else, he

00:48:05 --> 00:48:06

can never marry her.

00:48:07 --> 00:48:10

If she doesn't marry somebody else, he can

00:48:10 --> 00:48:11

never marry her.

00:48:12 --> 00:48:14

Similarly, between husband and wife, Allah ﷻ says

00:48:14 --> 00:48:21

after she finishes her period, He said Don't

00:48:21 --> 00:48:23

approach them until they become tahir, which means

00:48:23 --> 00:48:26

according to the majority taking the shower right

00:48:26 --> 00:48:26

now.

00:48:26 --> 00:48:28

So what is mafhumul mukhalafa over here, the

00:48:28 --> 00:48:29

understanding of contrary?

00:48:31 --> 00:48:32

If they are not tahir yet, if they

00:48:32 --> 00:48:34

are not taking shower, you can't approach them.

00:48:35 --> 00:48:36

That's mafhumul mukhalafa.

00:48:36 --> 00:48:40

And there is a mafhumul muwafaqa, mafhumul muwafaqa,

00:48:40 --> 00:48:41

like what?

00:48:41 --> 00:48:44

Now the understanding of agreement.

00:48:44 --> 00:48:46

Like drawing attention to that part right now.

00:48:46 --> 00:48:54

Allah ﷻ forbade us from Don't come near

00:48:54 --> 00:48:56

the wealth of the yateem, the orphan.

00:48:57 --> 00:48:59

So, what's mafhumul muwafaqa right now?

00:49:01 --> 00:49:03

Mafhum, the understanding of agreement.

00:49:04 --> 00:49:06

Give me something higher, like what?

00:49:06 --> 00:49:07

That implied in the text.

00:49:10 --> 00:49:11

Don't destroy it.

00:49:13 --> 00:49:13

Don't destroy it.

00:49:14 --> 00:49:17

If come near it, it's not permissible, so

00:49:17 --> 00:49:19

don't destroy it, it's worse.

00:49:20 --> 00:49:21

That's the higher level right now.

00:49:21 --> 00:49:24

So that's mafhumul muwafaqa as well too.

00:49:24 --> 00:49:26

So there's many examples from the sharia in

00:49:26 --> 00:49:27

that regard, but that's in usulul fiqh.

00:49:27 --> 00:49:28

I just wanted to let you know here,

00:49:29 --> 00:49:33

that just because the sharia doesn't say a

00:49:33 --> 00:49:36

specific manners on something, it doesn't mean it's

00:49:36 --> 00:49:37

neutral or permissible.

00:49:38 --> 00:49:41

If the sharia, if the text has that

00:49:42 --> 00:49:45

textual implication, it needs to be taken into

00:49:45 --> 00:49:47

consideration as part of the hukum and part

00:49:47 --> 00:49:48

of the ruling in the sharia.

00:49:48 --> 00:49:51

So you cannot come and say, well, show

00:49:51 --> 00:49:52

me where in the Quran it says haram.

00:49:54 --> 00:49:54

Where does it say it's haram?

00:49:54 --> 00:49:56

Like for example, the ayah, when Allah ﷻ

00:49:56 --> 00:49:59

spoke about al-khamr, wine, what did He

00:49:59 --> 00:50:00

say?

00:50:00 --> 00:50:02

Qal, fajtanibu.

00:50:03 --> 00:50:04

Don't come near it.

00:50:04 --> 00:50:05

Avoid it.

00:50:06 --> 00:50:08

Who can give me what's mafhumul muwafaqa over

00:50:08 --> 00:50:08

here?

00:50:10 --> 00:50:16

Like the understanding or deriving understanding of agreement

00:50:16 --> 00:50:17

from this.

00:50:17 --> 00:50:17

What does it mean then?

00:50:19 --> 00:50:22

If coming near it is prohibited, what does

00:50:22 --> 00:50:23

that mean?

00:50:23 --> 00:50:26

Touching it, holding it, drinking it, making it,

00:50:26 --> 00:50:29

all of this becomes prohibited simply by understanding

00:50:29 --> 00:50:33

that coming near this issue or this matter

00:50:33 --> 00:50:34

or this product is haram.

00:50:34 --> 00:50:36

That's called mafhumul muwafaqa.

00:50:36 --> 00:50:37

So no one can come and say, well,

00:50:38 --> 00:50:39

show me where it says in the Quran

00:50:39 --> 00:50:40

you can't drink it.

00:50:41 --> 00:50:43

You will quote them by saying it, fajtanibu.

00:50:43 --> 00:50:44

He would say, where?

00:50:44 --> 00:50:45

It doesn't say drink it.

00:50:45 --> 00:50:47

It says you cannot come near it.

00:50:48 --> 00:50:50

He said, yeah, but in the language, this

00:50:50 --> 00:50:52

is an textual implication.

00:50:52 --> 00:50:55

It means whatever is worse than that is

00:50:55 --> 00:50:56

also implied in the matter over here.

00:50:56 --> 00:50:58

So that's the third category over here.

00:50:59 --> 00:50:59

Then it continues.

00:51:00 --> 00:51:03

It's proof may arise from the category of

00:51:03 --> 00:51:04

analogical reasoning.

00:51:04 --> 00:51:05

So this is now al-qiyas.

00:51:05 --> 00:51:10

The fourth category of fahwal, I mean, the

00:51:10 --> 00:51:12

letter al-fad, the analogical reasoning.

00:51:12 --> 00:51:15

Analogical reasoning, like it might not be mentioned

00:51:15 --> 00:51:17

in the shari'ah, but the shari'ah

00:51:17 --> 00:51:20

allows us to draw analogical reasoning on some

00:51:20 --> 00:51:20

matters.

00:51:21 --> 00:51:24

Like for example, who can claim today that

00:51:24 --> 00:51:25

drugs are considered haram?

00:51:27 --> 00:51:29

Is using drugs haram?

00:51:30 --> 00:51:31

Where?

00:51:33 --> 00:51:35

Where in the Qur'an is it said

00:51:35 --> 00:51:35

haram?

00:51:37 --> 00:51:38

It says khamr, it doesn't say drugs.

00:51:40 --> 00:51:41

So if someone is going to try to

00:51:41 --> 00:51:43

be philosophical with you, show me where in

00:51:43 --> 00:51:45

the Qur'an it says, this is where

00:51:45 --> 00:51:46

we bring the subject of ijtihan, the subject

00:51:46 --> 00:51:47

of qiyas.

00:51:47 --> 00:51:49

Because the Qur'an used qiyas, the prophets

00:51:49 --> 00:51:51

of them used qiyas, which means analogical reasoning.

00:51:51 --> 00:51:56

So, the analogical reasoning is basically, you have

00:51:56 --> 00:51:59

an original case that there's a text about,

00:51:59 --> 00:52:04

such as al-khamr, drinking wine.

00:52:04 --> 00:52:07

Drinking wine, what's the ruling on drinking wine?

00:52:08 --> 00:52:09

Prohibited, haram.

00:52:09 --> 00:52:12

So we have an original case, which is

00:52:12 --> 00:52:13

al-khamr, it's haram.

00:52:13 --> 00:52:16

And we have now a new case.

00:52:16 --> 00:52:19

That new case is drugs, for example.

00:52:19 --> 00:52:24

How can we make, let's say parallels between

00:52:24 --> 00:52:25

drugs and alcohol?

00:52:26 --> 00:52:27

We have to look for something, al ulama

00:52:27 --> 00:52:29

they call it, illat al-hukm.

00:52:29 --> 00:52:32

Which means the effective cause for making it

00:52:32 --> 00:52:32

haram.

00:52:33 --> 00:52:35

Why the wine was made haram?

00:52:36 --> 00:52:37

Because of what?

00:52:37 --> 00:52:39

Because it was made from grapes?

00:52:40 --> 00:52:42

Because it was made by Budweiser?

00:52:43 --> 00:52:45

What's the main reason, illat al-hukm, what

00:52:45 --> 00:52:45

was it exactly?

00:52:47 --> 00:52:47

Intoxication.

00:52:48 --> 00:52:49

It's not because of the color, not because

00:52:49 --> 00:52:53

of the smell, it's because of intoxication.

00:52:53 --> 00:52:56

So because it's intoxicant, then it became haram.

00:52:57 --> 00:53:00

So based on that, any new case that

00:53:00 --> 00:53:03

shares the same effective cause with the original

00:53:03 --> 00:53:05

case, it will share with what?

00:53:05 --> 00:53:07

The hukm as well too.

00:53:07 --> 00:53:10

So if we bring drugs right now, even

00:53:10 --> 00:53:11

though it's not mentioned in the Quran, the

00:53:11 --> 00:53:14

sharia is silent about drugs in terms of

00:53:14 --> 00:53:15

its actual letter of the text.

00:53:16 --> 00:53:18

However, using drugs leads to what?

00:53:21 --> 00:53:22

Intoxication.

00:53:22 --> 00:53:24

They go high, people they lose their mind

00:53:24 --> 00:53:25

and so on.

00:53:25 --> 00:53:28

So because it has the exact same effect,

00:53:28 --> 00:53:29

what do we say?

00:53:29 --> 00:53:32

It shares the effective cause with the original

00:53:32 --> 00:53:34

case, which is wine, therefore the new case

00:53:34 --> 00:53:37

has to also be haram as well, to

00:53:37 --> 00:53:38

share the same ruling.

00:53:39 --> 00:53:40

That's what we call analogical reasoning.

00:53:41 --> 00:53:43

So even though the sharia might not be

00:53:43 --> 00:53:47

vocal about a specific ruling, but if it

00:53:47 --> 00:53:50

has these parallels, then we draw the same

00:53:50 --> 00:53:50

ruling for it.

00:53:51 --> 00:53:55

Another example, what's the ruling on using credit

00:53:55 --> 00:53:56

card jama'ah?

00:54:01 --> 00:54:01

Silence.

00:54:03 --> 00:54:04

No one wants to open their mouth now.

00:54:05 --> 00:54:07

It's like, shaykh, please man, I have five

00:54:07 --> 00:54:08

in my pocket.

00:54:08 --> 00:54:12

No, the standard rule on using credit card

00:54:13 --> 00:54:16

is a contract of what, the jama'ah?

00:54:16 --> 00:54:17

Contract of riba.

00:54:17 --> 00:54:18

Let's be real about it.

00:54:18 --> 00:54:20

Because when you sign the contract, they tell

00:54:20 --> 00:54:22

you that you are allowed to take a

00:54:22 --> 00:54:24

loan from us when you swipe the card

00:54:24 --> 00:54:27

with the deferred, of course, payment that you're

00:54:27 --> 00:54:29

going to be charged 18%, 26%, whatever that

00:54:29 --> 00:54:30

percentage is, for example.

00:54:31 --> 00:54:32

So that's a contract of riba.

00:54:33 --> 00:54:36

So Islamically speaking, you say it's khalas, because

00:54:36 --> 00:54:37

the riba is clear about it over here.

00:54:38 --> 00:54:39

Because it's mentioned over here.

00:54:40 --> 00:54:41

But you say, but wait a minute, it's

00:54:41 --> 00:54:42

actually, it's a plastic.

00:54:42 --> 00:54:43

I'm using a plastic card.

00:54:44 --> 00:54:44

I'm not using cash money.

00:54:46 --> 00:54:46

So you say, no, no, no, wait a

00:54:46 --> 00:54:47

minute here.

00:54:47 --> 00:54:48

It's the exact same thing.

00:54:49 --> 00:54:50

We draw the exact same parallels.

00:54:50 --> 00:54:51

This is used for money, this is used

00:54:51 --> 00:54:53

for payments, this is used for price of

00:54:53 --> 00:54:54

commodities.

00:54:54 --> 00:54:56

So whether you're using actually plastic, using your

00:54:56 --> 00:54:58

watch, using whatever that you're using right now,

00:54:59 --> 00:55:00

it has the exact same ruling.

00:55:00 --> 00:55:02

So even though the sharia might be silent

00:55:02 --> 00:55:06

about specific practices, specific products, but from the

00:55:06 --> 00:55:09

implication of these texts, that now silence is

00:55:09 --> 00:55:11

completely now negated.

00:55:12 --> 00:55:14

So the sharia actually implies a ruling on

00:55:14 --> 00:55:17

this matter, even though it's being silent about.

00:55:17 --> 00:55:19

So when we say, yeah, and whatever the

00:55:19 --> 00:55:22

sharia remains silent about, should always be neutral,

00:55:22 --> 00:55:24

there are specific rules for that, as we

00:55:24 --> 00:55:25

explained over here.

00:55:25 --> 00:55:26

So that's I wanted to mention this actually

00:55:26 --> 00:55:29

more in details for you, inshaAllah wa ta

00:55:29 --> 00:55:29

'ala.

00:55:29 --> 00:55:30

I'm going to go over what is left

00:55:30 --> 00:55:32

from the text here, inshaAllah.

00:55:32 --> 00:55:34

So what is next after that, he says

00:55:34 --> 00:55:37

here in this paragraph, as for that which

00:55:37 --> 00:55:39

is devoid of all that.

00:55:40 --> 00:55:42

So there is no text, there is no

00:55:42 --> 00:55:45

implications, those are the ones that the ulema

00:55:45 --> 00:55:47

they say, it stays neutral.

00:55:48 --> 00:55:50

And it stays neutral because of one of

00:55:50 --> 00:55:50

two reasons.

00:55:51 --> 00:55:53

Number one, the absence of textual proof, which

00:55:53 --> 00:55:54

I already explained to you, there is no

00:55:54 --> 00:55:56

text to prove that, to be it haram

00:55:56 --> 00:55:59

or halal, such as the example of ad

00:55:59 --> 00:56:01

-dab, ad-dab or that lizard, the Prophet

00:56:01 --> 00:56:03

sallallahu alayhi wa sallam, one day he was

00:56:03 --> 00:56:05

about to eat something that was presented to

00:56:05 --> 00:56:07

him, someone told him, Ya Rasulallah, it's ad

00:56:07 --> 00:56:09

-dab, so he pulled his hand back.

00:56:09 --> 00:56:13

Khalid was there, he goes, Ya Rasulallah, haram

00:56:13 --> 00:56:13

on who?

00:56:13 --> 00:56:16

The Prophet says, no, it just it wasn't

00:56:16 --> 00:56:18

common in my hometown, so never really any,

00:56:18 --> 00:56:19

I don't like it.

00:56:20 --> 00:56:22

So he said, he asked the Prophet permission

00:56:22 --> 00:56:23

to eat it, and he ate it while

00:56:23 --> 00:56:24

the Prophet sallallahu alayhi wa sallam was watching.

00:56:25 --> 00:56:26

So the Prophet sallallahu alayhi wa sallam watching

00:56:26 --> 00:56:28

him eating it is a proving of that.

00:56:29 --> 00:56:29

Right?

00:56:30 --> 00:56:33

So if there is no clear haram, halal,

00:56:33 --> 00:56:34

the Prophet didn't say haram, halal to him,

00:56:35 --> 00:56:37

he said, it wasn't common in my hometown.

00:56:38 --> 00:56:40

So it's implied over here, so he said,

00:56:40 --> 00:56:40

fine.

00:56:41 --> 00:56:45

Now, there's a principle called istashabu bara'at

00:56:45 --> 00:56:46

al-dhimma What does that mean here?

00:56:46 --> 00:56:48

Assuming a freedom of duty.

00:56:48 --> 00:56:50

I don't know about that translation, but I

00:56:50 --> 00:56:51

think it's called, it's supposed to be called

00:56:51 --> 00:56:53

assuming freedom of liability.

00:56:54 --> 00:56:57

You're free from liability, or otherwise.

00:56:58 --> 00:57:01

So if there is no assumption of liability,

00:57:02 --> 00:57:04

then we assume freedom from that liability.

00:57:04 --> 00:57:06

To show an example of how you are

00:57:06 --> 00:57:07

liable, even though you're not sure.

00:57:08 --> 00:57:11

For example, if you think that today you

00:57:11 --> 00:57:12

sat down as you were thinking about it,

00:57:13 --> 00:57:15

wait a minute, did I pay zakah last

00:57:15 --> 00:57:15

Ramadan?

00:57:17 --> 00:57:18

Did I pay my zakat al-mal?

00:57:18 --> 00:57:20

Because you usually pay your zakat al-mal

00:57:20 --> 00:57:21

in Ramadan.

00:57:21 --> 00:57:23

And now you're sitting here wondering, did I

00:57:23 --> 00:57:24

pay zakah or not?

00:57:24 --> 00:57:25

Did I pay zakah or not?

00:57:26 --> 00:57:28

What's the hukum on this right now for

00:57:28 --> 00:57:28

you?

00:57:29 --> 00:57:30

Do you pay zakah again or not?

00:57:32 --> 00:57:35

Do you still, are you still liable or

00:57:35 --> 00:57:36

free from liability for that zakah?

00:57:38 --> 00:57:39

You're still liable.

00:57:40 --> 00:57:42

Because you know and you agree that your

00:57:42 --> 00:57:44

zakah is due, but you're not sure if

00:57:44 --> 00:57:45

you did it or not.

00:57:46 --> 00:57:49

So your dhimma, it's still liable to pay

00:57:49 --> 00:57:51

until you have a proof that you did.

00:57:52 --> 00:57:53

You check your account, you check your cash,

00:57:53 --> 00:57:54

you check whatever that is.

00:57:54 --> 00:57:56

Oh, alhamdulillah, I did.

00:57:56 --> 00:57:57

Then your dhimma is over.

00:57:58 --> 00:57:58

You're not liable anymore.

00:58:01 --> 00:58:03

Similarly, let's say somebody comes and claims that

00:58:03 --> 00:58:04

you owe me money.

00:58:05 --> 00:58:07

And you say to the guy, well I

00:58:07 --> 00:58:08

paid you.

00:58:08 --> 00:58:10

He said, no you never paid me.

00:58:10 --> 00:58:11

Yes I did.

00:58:11 --> 00:58:12

So what's the ruling over here?

00:58:12 --> 00:58:13

How are you going to rule for this?

00:58:14 --> 00:58:16

Does he owe him the money or not?

00:58:17 --> 00:58:18

What do you guys think?

00:58:20 --> 00:58:21

Ya jamaah.

00:58:21 --> 00:58:23

The guy says, you owe me the money.

00:58:24 --> 00:58:25

And the guy says, I paid you.

00:58:26 --> 00:58:28

Now the creditor, he says, no you didn't.

00:58:29 --> 00:58:30

The other guy says, yes I did.

00:58:31 --> 00:58:32

So does he owe him money or not?

00:58:33 --> 00:58:36

Based on his confession, I paid you.

00:58:36 --> 00:58:37

What does that mean?

00:58:38 --> 00:58:39

I owe you money.

00:58:40 --> 00:58:40

Right?

00:58:40 --> 00:58:40

I owe you the money.

00:58:41 --> 00:58:42

Where's the problem right now?

00:58:43 --> 00:58:45

The proof that he did pay it back.

00:58:45 --> 00:58:48

If he cannot provide a proof, then his

00:58:48 --> 00:58:51

dhimma is still liable to pay for that

00:58:51 --> 00:58:51

debt.

00:58:52 --> 00:58:54

Because he admitted that he borrowed the money.

00:58:55 --> 00:58:56

But he has no proof that he paid

00:58:56 --> 00:58:56

it off.

00:58:57 --> 00:58:59

So therefore, these rules need to be also

00:58:59 --> 00:59:01

again taken into consideration as we think about

00:59:01 --> 00:59:04

the sharia as silent over certain rules.

00:59:04 --> 00:59:07

Another example here, he says, as for the

00:59:07 --> 00:59:10

other way of knowing the sharia and remaining

00:59:10 --> 00:59:14

silent is the inclusivity of the text.

00:59:14 --> 00:59:15

So the inclusivity of the text has the

00:59:15 --> 00:59:18

implication that we talked about it earlier, as

00:59:18 --> 00:59:21

we mentioned in the five different examples of

00:59:21 --> 00:59:23

textual implications.

00:59:24 --> 00:59:26

There's a point he mentioned here.

00:59:26 --> 00:59:27

I don't want to make a detail on

00:59:27 --> 00:59:29

it because it's actually a philosophical point in

00:59:29 --> 00:59:29

Asul al-Fiqh.

00:59:30 --> 00:59:33

حكم الأعيان قبل ورود الشرع What's the ruling

00:59:33 --> 00:59:37

on certain items before the revolution came down?

00:59:38 --> 00:59:39

Things were used before Islam.

00:59:40 --> 00:59:41

What's the ruling on that?

00:59:41 --> 00:59:45

Using specific pots, for example, or specific food

00:59:45 --> 00:59:47

items and so on, if the sharia did

00:59:47 --> 00:59:48

not say anything about them.

00:59:49 --> 00:59:52

That's a philosophical point in Asul they mentioned.

00:59:52 --> 00:59:56

However, it led to a discussion, a specific

00:59:56 --> 00:59:58

discussion that's relevant to our time.

00:59:59 --> 00:59:59

Like what?

01:00:00 --> 01:00:01

Cheese.

01:00:03 --> 01:00:03

Can you eat cheese?

01:00:03 --> 01:00:07

I mean, it's on the boycott list, that's

01:00:07 --> 01:00:07

okay.

01:00:07 --> 01:00:09

But if it's not on the boycott list,

01:00:09 --> 01:00:11

can you eat, for example, cheese?

01:00:11 --> 01:00:12

He said, but wait a minute, this cheese

01:00:12 --> 01:00:16

is actually, obviously, the cheese comes, you have

01:00:16 --> 01:00:18

to use rennet to produce cheese.

01:00:18 --> 01:00:20

And if the rennet was produced, came from

01:00:20 --> 01:00:23

an animal that was not properly slaughtered, so

01:00:23 --> 01:00:24

are you allowed to use that rennet right

01:00:24 --> 01:00:26

now that will produce this cheese for you?

01:00:27 --> 01:00:28

That's where the argument comes in.

01:00:29 --> 01:00:31

So the question the ulema, they ask, should

01:00:31 --> 01:00:34

you investigate and ask or not?

01:00:34 --> 01:00:36

Should you open every box and check every

01:00:36 --> 01:00:38

ingredient and call the 1-800 number to

01:00:38 --> 01:00:40

say what type of this and that?

01:00:40 --> 01:00:41

Should you go that far?

01:00:41 --> 01:00:42

Now that depends.

01:00:42 --> 01:00:45

Some of ulema, they say, you don't need

01:00:45 --> 01:00:48

to ask and they have proofs that would

01:00:48 --> 01:00:50

be mentioned on page 490.

01:00:51 --> 01:00:52

You can check them out on your book,

01:00:52 --> 01:00:54

insha'Allah ta'ala, all the proofs to

01:00:54 --> 01:00:55

suggest that that you don't need to investigate.

01:00:56 --> 01:00:59

Or, the other opinion, you do need to

01:00:59 --> 01:01:01

investigate and the proofs he suggested, he brought,

01:01:01 --> 01:01:03

he mentioned in the following page, which is

01:01:03 --> 01:01:04

491.

01:01:05 --> 01:01:07

So there are two opinions for the mas

01:01:07 --> 01:01:08

'ala among the ulema.

01:01:08 --> 01:01:11

In summary, he says, the disagreement in this

01:01:11 --> 01:01:14

resembles the disagreement concerning the permissibility of the

01:01:14 --> 01:01:15

food of the people of the book.

01:01:15 --> 01:01:17

The same argument about the people of the

01:01:17 --> 01:01:18

book.

01:01:18 --> 01:01:19

Do you ask or not?

01:01:20 --> 01:01:23

Because what we see, al-asl, bara'at

01:01:23 --> 01:01:26

al-dhimma, and what we see is different.

01:01:26 --> 01:01:28

It's something different than what we assume.

01:01:29 --> 01:01:32

However, specifically for the cheese, so don't get

01:01:32 --> 01:01:33

scared right now and throw all the cheese

01:01:33 --> 01:01:34

in from the fridge.

01:01:35 --> 01:01:39

Our ulema, and even the Rasulullah, did not

01:01:39 --> 01:01:41

investigate on the subject of cheese.

01:01:41 --> 01:01:43

Even though it was coming from Persia, who

01:01:43 --> 01:01:44

are not from the people of the book,

01:01:45 --> 01:01:46

he said, it's okay, and it should be

01:01:46 --> 01:01:48

permissible, insha'Allah ta'ala.

01:01:49 --> 01:01:54

So, finally, insha'Allah, if you, the last

01:01:54 --> 01:01:56

thing he said basically is in regards to

01:01:57 --> 01:01:59

this investigation, don't be too excessive.

01:02:00 --> 01:02:03

Being too excessive, as was mentioned, page 492,

01:02:04 --> 01:02:06

he says, don't be so excessive, because actually

01:02:06 --> 01:02:09

that can make things harsh and difficult for

01:02:09 --> 01:02:14

you, in terms of making your focus so

01:02:14 --> 01:02:16

much, until you become obsessed.

01:02:16 --> 01:02:19

It becomes an OCD thing about halal or

01:02:19 --> 01:02:21

haram, to the extent making some people's life

01:02:21 --> 01:02:23

so hard and so difficult.

01:02:23 --> 01:02:26

But, you don't investigate over the matters of

01:02:26 --> 01:02:27

the unseen.

01:02:28 --> 01:02:31

Like, investigate about how does Allah subhanahu wa

01:02:31 --> 01:02:31

ta'ala look like.

01:02:32 --> 01:02:38

Being too investigative of specific details of Jannah

01:02:38 --> 01:02:40

and Jahannam, to the extent that people become

01:02:40 --> 01:02:43

very obsessed about this matter, that it would

01:02:43 --> 01:02:45

even ruin their aqeedah in Jannah and Jahannam.

01:02:45 --> 01:02:47

So, you don't need to investigate too much

01:02:47 --> 01:02:48

in these matters, to keep yourself free from

01:02:48 --> 01:02:50

that, insha'Allah ta'ala.

01:02:51 --> 01:02:52

If there's any question on the subject, insha

01:02:52 --> 01:02:54

'Allah, you can ask me, or we can

01:02:54 --> 01:02:55

revisit that next week.

01:02:55 --> 01:02:57

Otherwise, next week we will continue with hadith

01:02:57 --> 01:02:58

number 31, insha'Allah.

01:02:59 --> 01:03:00

Wallahu ta'ala.

01:03:00 --> 01:03:02

We'll have our Q&A session after Salatul

01:03:02 --> 01:03:03

Isha, insha'Allah.

01:03:03 --> 01:03:05

If the brothers just wait for a few

01:03:05 --> 01:03:06

seconds, insha'Allah, until everybody just moves in.

01:03:07 --> 01:03:07

Jazakumullah khair.

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