Ask Shaykh YQ #69

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Yasir Qadhi

Channel: Yasir Qadhi

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Episode Notes

The Impermissibility of Recreational Marijuana & The Ruling on Medical Marijuana

Episode Transcript

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The next question we have brother schlemiel from the UK says that someone in his family has terminal cancer and that the doctors have advised him to use cannabis oil that has both THC and CBD B. So he says part one, is it helpful to use cannabis oil as a medicine especially in light of the treatment of cancer for his relative and point number be that if it is helpful, then one of the side effects of using THC is that it puts you to sleep for extended periods of time. And so what can one do with regards to their Salah? Is the Salah forgiven or must the Salah be prayed in this case

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COVID in reinjure

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II him fast

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Jade So this question is about cannabis or you know the technical term you know, the cannabis is the technical term. Of course the popular term is marijuana. And of course cannabis is a psychoactive drug that is made from the cannabis plant. And the main psychoactive ingredient is THC or tetra hydro cannabinoid THC tetrahydrocannabinol. So remember this THC. Now, there is absolutely no difference of opinion amongst medical experts amongst scientists that THC has mental effects, it affects the brain. And these effects include euphoria, altered states of mind, distortion of the sense of time, diluting one's sense of concentration, impaired memory, impaired body movement, it

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also gives you a sense of relaxation. And so it all it does, it doesn't just affect your mental state. It also affects your physical state because it impairs your reaction time and it makes you lethargic, and therefore it is very clear there is no doubt that cannabis is a narcotic. This is something that is crystal clear. cannabis is a narcotic marijuana is a narcotic and the Sherry the term for narcotics in this area is Mahabharat Mahabharat. So a mohawk there. It is a drug that induces symptoms like numbness like drowsiness, like stupor, like lethargy, like like basically wanting to fall asleep, this is a Mahadev now, there is a technical difference between the musky rot

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and the Mahabharat. Okay, this is a bit of fit here and inshallah will come in handy. We all know that alcohol is a must scale. Alcohol is a type of, you know, by alcohol, of course I mean, alcoholic drinks, obviously we talked about in another q&a. I talked about alcohol that is used as a solvent, you know, that we talked about? We're not talking about beer and whiskey and wine, we're talking about fermented drinks Hama, Hama is a mosquito and our Prophet sallallahu Sallam said whatever intoxicating in large quantities is how long in small quantities, this is mosquito. Now, according to the stronger position amongst the scholars of our religion, the Mahabharat and the

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musky rot are not exactly the same in ruling Okay, not every Muhammad there is going to be considered of the musky rot okay. Therefore, there are more HUD deals that are broader than the musky rot and the Mahabharata have a different status than the mosquito the Shetty looks at the Mahabharat in a different category with a different lens than it does with the musky rot. And when it comes to the Mohawk deal or when it comes to these narcotic substances, the shehryar does look at the uses and the causes generally speaking, the Mahabharat you can look at the reason why it is used and and pronounce a verdict based upon that. Whereas with the musky rot, it doesn't matter what you

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use it for the mosquitoes are all how long and the simplest example that all of us will understand is that before you do an operation, you know that the anesthesiologist comes and he knocks you out okay? After the operation, you know, you might have to take morphine, okay? morphine is a type of model, okay? Or when you're knocked out that's a type of you know, you can put that you can categories that is a type of mud and it is permissible to be knocked out before you get into surgery. Okay, that's not whiskey rot. It is not an intoxication. It is something that has effects that in at some level they overlap, but there is also a difference between them. And with this in

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mind, we also need to before we move on, so I talked about THC in the cannabis and the THC is what causes the high or the elation. There is one more substance that you should be familiar

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With and that is cannabinoid or the CBD, and the CBD is different than the THC the CBD is that which causes the numbness or the lethargy, that's different okay to to feel numb and to feel calm that generally comes with the CBD. The THC is what makes you euphoric or your mind goes as the they go you get stoned or you get high. That's what the THC does. Now both of these substances are are present in in the the cannabis however, how it is produced, how it is manufactured, how it is sold, you have different percentages and concentrations of THC and CBD. I hope that is clear. Okay, that the final product, you know, these days in America, almost half the states they permit cannabis use

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for medicinal purposes. And very few states even have it for recreational purposes as well. And so the final product, it has many different varieties is not just one and some of these products, they have higher percentages of CBD and others have higher percentages of THC. And remember it is the THC that causes you to be high, and it is the CBD that causes you to be more on the calm side. Now, given that overall, cannabis or marijuana does indeed cause that feeling of euphoria, along with the clouding of the senses. Okay, there is no question that when cannabis is used recreationally, ie to have fun, ie to get high, when you use cannabis just for the sake of entertainment, right just for

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the sake of fun, there is no question and I do not know of any reputable scholar that has another opinion that this Muhammad there will take the ruling of the mosquito it will take the ruling of alcohol and therefore what intoxicating in large quantities will be held on in small quantities. And that is why the position of all of the focus that I'm familiar with is that marijuana in all of its forms is impermissible to use or to inhale or to in any way in just for the sake of pleasure and recreation. So marijuana, Cannabis, anything that is derived from this that is ingested for the purpose of pleasure for the purpose of recreation, it takes the ruling of the mosquito and it will

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be how long and anybody who does so is sinful in the eyes of Allah subhanho wa Taala. That having been said, as we said the Mahabharata and the Mascherano are not always the same. And therefore, there are variations of cannabis in which the CBD component is found in the more higher concentrations than the THC. And generally speaking, it is those products that are said to be of benefit for very, very specific, very narrow range of medicinal issues. For example, epilepsy, for example, to numb the side effects of radiotherapy. So I'm assuming your relative your cousin or whoever it is your sister, by the way, Eliza, cure her and or him and make it easy for them. And for

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all of you. It's a very difficult situation terminal cancer. And I can only you know, you know, make Dhawan and you know, it's a very difficult situation and May Allah make it all easy for for the entire family. So generally speaking, the cannabis that is prescribed for, for cancer patients or for epileptic patients, it is a type of cannabis in which the CBD component is the more pronounced one rather than the THC. And there is some discernible effect, as far as the modern literature says, for very specific issues, like as we said epilepsy or like the side effects of some types of radiotherapy, where the CBD does actually have a calming and soothing effect. And it helps to cope

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with that pain or with the bouts of epilepsy. And therefore, with respect to medicinal usages, a number of modern councils, including the fifth Council of North America have said that in genuine cases of medicinal need, and every council that says this stresses that don't make it a game, don't just say oh, I have a headache, and I have a need. Everybody knows that that's what's happening in you know, the modern world that you just go and say I have a migraine, I need my prescription for for marijuana. You know, that doesn't work that way. That's why most fifth councils they say, in order to allow for this concession because it is going to be allowed in the end, as you already have

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figured out. You must have a reputable Muslim doctor why a Muslim doctor is not that we don't trust a non Muslim, but we expect the Muslim to understand the dangers of opening this door because marijuana is a gateway drug. Everybody knows this. Every study has shown this that even if marijuana is not as bad as let's say crack cocaine, the idea is not based on is it as bad as or not when it comes to

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Do heroin or heroin when something is wrong, no doubt the sin might be worse if it is worse, but it is still how long just because beer is not as intoxicating as vodka or rum. It doesn't mean that beer is heroin, you know, it's still how long beer is how long and vodka is heroin. So a lot of these youth, a lot of our youth, they feel that, you know, our scholars are not aware of the photos of marijuana, and whatnot. And they feel that, oh, it's no big deal. And the fact of the matter is that we are fully aware of this issue. And we understand that it's not as bad as other drugs out there. But it does not change the fact that it is a narcotic. And even if it is the least narcotic,

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it is still narcotic. And it is a gateway as study after study has shown that once you open this door, you want more and more. And so even from the, from the venue of closing the avenues, there's something called closing the doors to evil in the shady I said to Dr. Evil from this

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avenue, that we're going to shut this door and also from the fact that there is no doubt that marijuana is a narcotic and a drug, we say that it is held on recreationally. However, as we said, muhajir and muschietti are not the same ruling according to the more precise definition of the more there are some otomo By the way, they just lump them all together. And that's any I can understand that but it's not the same and I'll give you some examples at the end that clearly demonstrate that it is not the same then it is not the same as the musket and I gave you examples of morphine as well for example and others of this nature. Now, as I said here that the fifth Council and others they

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have said that if there is a genuine medicinal need that has been testified by a reputable Muslim doctor who understands how evil this this chapter is, that it is the lesser of the two evils if a child is having epileptic fits and taking a type of cannabis, you know, that has CBD in it that calms the epilepsy or there's somebody struggling with a great amount of pain because of the cancer radio radiation and the the the cannabis helps them to cope with that and helps them to cope with the side effects of not vomiting and what not in this case is the lesser of two evils right this is not recreational and therefore in that case, it will be allowed because the muhajir is not muscular.

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You are never allowed to take muscular for the sake of medicine. Our profits are seldom said when a person came and said I take a drink alcohol to help me you know with my disease the profitsystem said it is not to cure it is a disease alcohol when I say alcohol I mean of course alcoholic drinks, they are the disease there is never a circumstance that you will take you know wine or beer for the sake of medicine that's not gonna work. It's not a medicine it is the disease. However, the mo hudud is not the musket as we said and the Hadeeth are the mosquito that the profitsystem said that it is not a cure it is a disease it does not apply to the other category of substances called the

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Mahabharat and it is allowed to ingest that witches Muhammad did for the sake of averting a bigger disaster or a bigger calamity and I gave the examples of epileptic fits or people that are having side effects because of radiation or whatever that if it is noticed and and demonstrated. And of course, you know, the doctors, the Muslim doctor will know the cases then inshallah Tada. It is permissible to do and by the way, just as a footnote here, that this whole, this whole conversation about mohiuddin and mysskin. It plays a broader role than just cannabis. The classic example here is nutmeg. One can even say vanilla extract, in some sense, even though that's a slightly different

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case. But still, nutmeg is the classic example here. In our culture in Indian Pakistani culture, nutmeg is very, very common. We use it for many, many cuisines and the average, you know, Pakistan, Indian Bengali household, it has nutmeg in its cabinet. And a lot of people don't know this, but in fact, not mag is a type of Mahadev that if it is used in large quantities, and it has been used by the native Indians, they would use it to get high on nutmeg, they have a way that they would do this and they would become high and every few years or something you hear a case in the news of, you know, some lady or some man, they drink too much of their nutmeg, you know, they have a drink,

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eggnog that they put not magnetic and so sometimes they put by accident or sometimes on purpose, and they become, you know, intoxicated by the nutmeg or they have effects and they have to go to the hospital. So nutmeg is a mohiuddin now is not Meg How long? If we were to say it is how long a lot of our you know, cooks and our Auntie's will be very angry that How dare you are making this How long? And the response is that? Well, firstly, at some time, I did say that nutmeg is how long because as I said, some earlimart did not differentiate between 100 and Moscow, and they said everything that is modern will take the ruling of Moscow and it is there that position however, the

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more discerning of the relevant

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The more research and the based and the ones who look in deeper and are not superficial or simplistic, they understand that Mohammed is not the same as muscular. And this is something that I get to have many quotes here. So for example, the famous shaffir de familia rumley. He was asked in his fatawa is it allowed to, you know, use nutmeg or not. And he said, by the way, nutmeg is called Jews asleep. Is it allowed to use nutmeg or not? And he said, yes, it is allowed if it is used in small quantities. However, if it is used in large quantities, it will be how long this is one of the greatest chefs and moms are wrongly.

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Also in the Hanafi vokra de matar. Again, they were asked about nutmeg. And he said that, that which is used for fitness for in this demo that led men who is becolourful other modera in the hoh room that it is permissible to use small quantities of nutmeg and other substances. He has a list over here what what what constitutes 100 why because in small quantities, as all of us know, from our culture, a small quantity of nutmeg has no impact whatsoever, you don't get high or elation or euphoria, nothing, it's nothing that happens, a large quantity will impact you now, if nutmeg had been more skilled, then it would be held on to take even a speck of it because what did the

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processor say? mascara Kathy ruffolo, her arm whatever and toxic is enlarge, will be held on in small but nutmeg is not a mosquito. And similarly, CBD is not a miscarriage, it is invalid. So if there is a reason to do it, that is greater and this is something that again, you weigh every substance so don't assume that nutmeg and CBD have the same ruling. They're in the same category, the same genus, they're both Mahabharat. But then the scholar definitely looks at the impact of CBD looks at the impact of nutmeg. So yes, nutmeg and CBD are in the same category of moderate, but the ruling is not going to be exactly the same because we know CBD does have an impact even at small

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quantities that not make does not nothing that gets small quantities has no impact other than flavor, absolutely no impact other than flavor. So there is no you know, even Corolla, you can use it without any prohibition, a small quantity for your food to change the taste. As for CBD, it does have an impact and that impact should not therefore be done recreationally we don't want to open this door whatsoever. If it is something that is genuinely done, for the sake of battling a bigger issue or a bigger disease, then inshallah it is permissible and I want to read to you the the fatwa from the Council of North America. You will find it on its website but I want to read to you so that

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you are familiar with it. The field Council has a fatwa that is was issued on December 2 2018 on the use of marijuana question, what is the Islamic stance on using marijuana for recreational or medical or medical purposes? Answer. The fifth council recognizes that the cannabis plant, which is used to produce marijuana contains high concentrations of two chemicals tetrahydrocannabinol THC and cannabidiol which is CBD. THC is the psychoactive and causes consumers to alter their experience of reality, causing them to become high or intoxicated. CBD on the other hand does not cause such an effect. The prohibition of alcoholic beverages is well known in Islam. Muslims called throughout

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history have explained that wine was prohibited due to its intoxicating effects is scarred and that any other substance which results in the same must have the same ruling. Furthermore, the Prophet sallallahu Sallam said every intoxicant is like wine, and every intoxicant is how long. Therefore, any use of marijuana, which can make a user intoxicated is forbidden in Islam. This is the recreational side. Now, the Federal goes on. Some contemporary research argues that cannabis with varying concentrations of THC and CBD may be an effective treatment for certain diseases such as relieving nausea for chemotherapy patients, or increasing appetite for HIV AIDS patients or reducing

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pain for neurological disorders and autoimmune diseases like arthritis. Some preparations of cannabis of the cannabis plant contain a higher amount of CBD and a lower amount of THC. If these products do not intoxicate a user when consumed in large quantities, they are permissible to use in Islam for medical purposes only. Okay so this is very clear in this fatwa that if it does not intoxicated and it is needed, and this as I said, this is when the CBD is, is the one that is emphasized rather than the THC the federal goes on. There are some preparations of the cannabis plant with higher levels of THC, that are claimed to be more effective for certain illnesses when

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used as medicine. Now we're entering a gray area here

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Many scholars at the Hanafi and shafr School of Islamic law accept that it is permissible to use unlawful substances such as pig byproducts for medicinal purposes, when there is no alternative available, and it is known that the cure lies in the medication. The council adopts a similar position but cautions that these conditions must strictly be observed, since it is common for people to claim flimsy excuses, such as minor aches and pains as an excuse to use marijuana in order to get intoxicated. Now before I move on, so the fifth council demarcate to carry categories of substances The first of them is that the product that is being used has, the emphasis is on the CBD, there's a

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high amount of CBD and a lower amount of THC. And generally speaking, such substances do not intoxicated even when used in larger quantities. And in that circumstance, there is really no problem to use these products for medicinal purposes. And by the way, there are certain creams and lotions and whatnot that have CBD and hardly any THC. And if you were to apply, you know, the whole bottle on you, it will not impact you in any manner that is of course permitted because there is no THC or the THC is so negligible that it has no impact on you. We're not talking about the photo is not talking about that, because that doesn't even apply. The effect we're saying is that there is an

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amount of THC, but it's not enough to really bring about an intoxication. And the main purpose would be to combat the effective to have an effective treatment for certain diseases. In this case, they said it is permissible for medicinal use. Now, they then entered a gray area, what if the THC is indeed higher? What if there is an amount of intoxication? And the fatwa simply says, it's a gray area? You know, really, it's a case by case basis? Look at the the the the sickness and how bad it is? And is it really worth getting this, you know, substance involved, and if there is no alternative, then some odema have allowed the use of how long by how long we eat, we mean here non

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alcoholic? How long because there's, as we said, well, hudud and there's, as we said, whiskey rot. And there's other things as well. So, again, pick products, for example, right? I mean, again, the issue comes for example, there was a case that I had to deal with that

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the the heart of a young girl was you know, there was some issue and there was some tissue that needed to be put in the heart. And the doctor said that you know, for whatever reason, the only tissue that would work is that is coming from a pig, okay? And obviously the only the fatwa here is completely permissible, she's not going to live if she doesn't get that tissue replacement. And so, you use that you know, pig part, because it is load aura, it is something that is necessity and in that type of life and death situation then of course, it is completely permitted. So, the point being that when the pain or when the suffering is so bad, and a substance is calming or helping in a

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certain level, the substance is not going to be musket is going to be more HUD there. In this case, the Hanafi and Shafi schools, many of them they allow the use of that which is haram, for medicinal purposes, if it is proven that there is no alternative and there is cure in that. And the final point of the fifth Council is that the field councils warns Muslims from investing in the marijuana industry since the overwhelming majority of his business is for recreational purposes. The Council also encourages that more research be done on the medical benefits of marijuana to determine whether there is any other substitutes for the psychoactive preparations of the product and treating

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illnesses and quote, in other words, sorry, you can't invest in marijuana stocks, you're not going to get rich off of that. And even if you do this is going to be no Baraka do not invest in marijuana stocks. And the Federal Council is saying that Muslim doctors need to verify, because we don't know, is this being hyped up the use of medicinal marijuana? Is there an alternative or not? We don't know. So we encourage doctors, we encourage scientists to do research to find out that is there an alternative that we don't have to worry about those invalid or not? And whether this is an actual genuine medicine in the circumstances, because still, you know, I mean, again, I'm not a medical

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expert, but what I've spoken to a number of doctors in the field. Doctors themselves disagree amongst themselves that is this something effective or not. So it's not the job of Rama to give specific prescriptions there are there must speak in generalities. And the doctors then take those generalities the general rule has been explained to you. And that is that the Mahathir and the mosquito are not the same, and the muhajir can be used if there is an overwhelming need a medicinal need and that is why morphine is allowed when you're in extreme pain. Even though there are effects of morphine that are generally speaking not to allow you would not be allowed to take morphine from

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recreational use, but it is allowed. When you need to numb the pain. When you go into an operation, you need to basically be knocked out, that is completely allowed. Otherwise, you're not supposed to do that for recreational purposes, you're not supposed to take anything that will intentionally knock you out, you don't do that. But now there's a greater good and that greater good is the surgery is the procedure that needs to be done. It cannot be done when you are awake. So understand this point, we'll head there and musco and generally speaking, Mahabharat take the ruling of muscular art when they are used for pleasure. Is that clear? That should be very clear. Now, the

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Mahabharat and the most gorod take the same ruling, I need to point out here.

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They take the same ruling that it is how long but some of our fuqaha have said that the head punishment will be less for the Mahathir than it will be for the musket and some of us. So again, that's a bit of a controversy. But that's a separate, but they are they will take the same ruling when it comes to a sin. However, if the Muhammad is used for medicinal purposes, then the ruling changes. And we have a little bit more leeway as we said in this regard. Now, the final question that our brother had here is that the cancer patient,

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he says that if he or she has to take it, and then they are knocked out, they're otherwise incapacitated, they cannot pray. He is asking, is the prayer forgiven? Or should we have the person make up the prayer afterwards? So to answer this question, we can state that generally speaking, when a person is sick, especially in this type of extreme pain, high fever or terminal cancer and radiotherapy going on, then it is completely permissible 100% highlight to combine vote and answer and macaronesia as if you were traveling right so just like when you're traveling up the hill and also together at one time and then Macedonia at one time so to when you're in extreme illness or

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pain radio, you know therapy all of this stuff. It is permissible that you do so if you're able to take this you know substance this cannabis this medicinal cannabis, such that you've prayed Judo harasser and then you take this for pain relief and then by the time you wake up or you you're you're able to then your motivation will come without any harder than inshallah that is ideal. And again, so go ahead and also do take it as one timeframe at the beginning of modern all the way till fudger that is one timeframe. And if you're able to do that perfect However, if you're not able to and the pain is too severe and you are forced to take and the the amount basically knocks you out.

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In this case you are forgiven from the job of praying but you are not forgiven from the job of Cabo. So, and this goes back to the Hadith of the Prophet sallallahu Sallam that manana and the Salah to Vanessa Halford use only her indica raha lack of Allah tala Illa Dally that whoever amongst you forgets to pray or you know, accidentally oversteps the prayer, then let him pray when he remembers, there is no co founder, other than there is no expiration, you're not you don't have to do anything more other than to make up the prayer that you missed. Now, in this case, you know, we can give him the same ruling, even though he didn't forget, but he intentionally went to sleep but he was excused

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like he needed to put himself to sleep or he needed to take the medication for the pain. So in this case, we say that dear brother or sister if you must take this medication to battle your pain, and it knocks you out, if you are not able to, you know, schedule it such that your daughter Nasir, and then mother who is prayed in his proper time, then you may take it now you can default low enough scintilla was aha wama Giada. La confit de name and heritage when a new shirt the harder Dena whodunnit la holla so many a hadith about don't make Islam difficult hola como de not their own. Those who make Islam too strict and whatnot have destroyed themselves. You need a lot of income

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producer allow us to make things easy. Now bado went out there on the shehryar has come for you. So for some out here, there are so many principles of that state, we do not make the religion more difficult. This is a person suffering from terminal cancer, they're having serious pain Subhanallah you're going to tell this person that don't take the medication. On the contrary, if they're able to, as we said scheduled, go ahead. If not take the medication. If you're knocked out, when you wake up, then you make up the Salawat that you missed when you were knocked out and Subhanallah if you're not able to pray standing then pray sitting if not then lying down. This is a Hadith of the prophets

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of the law I send them suddenly caught him and failed them to study for clarity and for them to certify that Jim prays standing up if you cannot then pray sitting down. If you cannot, then on your side, whatever situation you can do. And if you cannot even you know go to the bathroom and then do we'll do in front of you a little bit of water if water cannot touch your skin due to mom Subhanallah don't make Islam more difficult. Allah wants to make them easy. And the media has given you all of these concessions. So the bottom line is to summarize and conclude long photo but it was necessary. There is no question that marijuana in

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all of its forms is how wrong when it is used for recreation. And I remind all of my brothers and sisters especially the young brothers and sisters to fear Allah subhanho wa Taala and do not take this as a joke. This is not a joke. This is not a joke you're opening up the door of shavon when you think that is a trivial matter, you're opening up the door of shavonne you're causing issues with your prayer with your concentration with spending money, you're causing issue with having companions that are evil, everything about the industry is evil. And the whole entertainment the whole issue of this this this drug, it is a

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stepping stone, a gateway gateway to for worse than this and it is something that is definitely sinful in the eyes of Allah subhanho wa Taala repent to Allah subhanho wa Taala and get rid of this. As for those that have genuine medical issues and reputable Muslim doctors have said to them that certain you know compounds that have CBD would help them in sha Allah for them it is not the same as the recreational use and if there is a need than indeed and they and Allah knows and they have to answer to in front of Allah you don't come to me you know whether you need it or not and your doctor will consult with you if there is a genuine need, then inshallah to Allah it is permitted for the

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greater good and Allah subhana wa tada knows best. I will see you in sha Allah tala next week for our next q&a set. I'm wondering what amis will lie about a cattle