Explaining (A Fine Comprehensive Treatise on Usoolul’ Fiqh) 3

  • Bismillaahir-Rahmaanir-Raheem

Our Teacher began with praising Allaah Ta’Aalaa seeking His aid and forgiveness, then sending salaat and salaam on the Messenger of Allaah, Muhammad (sallallaahu`alayhi wasallam) and on his house of kin and companions and all those who follow them exactly until the Day of Judgement

A Clarification from the Previous Class >>>

Ustaadh explained that after the last class he went back to the phrase where it was said “Alladhee bayyina al-hukm wal-ahkaam“, and he realized it should have said: “Al-hikm wal-Ahkaam“.  But the tashkeel in the copy we are using is wrong and this deceived us.  Ustaadh checked what he thought to be the correct tashkeel against another copy of his of this treatise and what was apparent to him was correct – what is meant is Al-Hikm (not al-hukm) – it is the plural of Hikmah and means “the wisdoms.”   The phrase should say:  الَّذِي بَيَّنَ الْحِكَمَ وَالْأَحْكَامَ  what is meant is: “the one who has clarified the wisdoms and the rulings, or the rulings and the wisdoms out of those rulings.” This correction has been applied to the notes from Class 2.

The second correction he applied was already given in the last class concerning the words:  Muta’ammilin ma`anee should be muta’ammilin mu`anin. 

A Great Benefit >>>

Q: This is a treatise in which subject?

A: Usuulul-Fiqh.

So  there are terms that are commonly used in Usuulul-Fiqh . Our Ustaadh said: “consider carefully the words I have underlined” –

We have something called (in the etiquettes of writing books), muqaddimatul-kitaab. It means:  The introduction of the Book.

Then we have something else concerning the subject which is also in the beginning of books called:  Muqaddimatul-`Ilm.  It means:  The introduction of the Science.

*Remember to left click the image to view the text clearly and at 100%

The first four contained in the introduction of the book are a must – this doesn’t mean that whoever doesn’t do it is a sinner,  but it is just part of the etiquettes of writing books.

The second introduction to the subject/science  should contain the TEN CONCEPTS which are outlined in Ustaadh’s Sarf Level One Book in poetry form:
الْحَـدُّ وَالْمَوْضُوعُ ثُمَّ الثّـَمَرَةْ إِنَّ مَـبَادِي كُـلِّ فَنٍّ عَشَرَةْ    
وَالِاسْمُ الِاسْتِمْدَادُ حُكْمُ الشَّارِعْ وَفَـضْلُهُ وَنَسْـبَةٌ وَالْوَاضِـعْ
وَمَنْ دَرَى الْجَمِيعَ حَـازَ الشَّرَفَا مَسَائِلٌ وَالْبَعْضُ بِالْبَعْضِ اكْتَفَى

           

 

Inna mabaadee kulli fannin `asharah *  Al-haddu wal-mawdhuu`u thummath-thamarah

Wafadhluhu wanisbatun wal-waadhi`  *  Walismulistimdaadu hukmush-shaari`

Masaa’ilun wal-ba`dhu bil-ba`dhiktafaa  *  Waman daral-jamee`a haazash-sharrafaa

1. Al-Haddu (الْحَدُّ) – The definition of the science

2. Al-Mawdhoo`u (الْمَوْضُوعُ) – The subject of the science

3.  Ath-Thamarah   (الثَّمَرَة) – The fruit or benefit of the science

4. Al-Fadhlu (الْفَضْلُ) – The merit of the science

5. An-Nisbatu (النِّسْبَةُ) – The position it takes from other sciences

6. Al-Waadhi` (الْوَاضِع) – The one who invented the science

7. Alismu (الِاسْمُ) – The name of the science

8. Alistimdaada (الِاسْتِمْدَادُ) – The source of the science

9. Hukmush-Shaari` (حُكْمُ الشَّارِعْ) – The Islaamic ruling (This is most   important.  The One who gives the   rulings is Allaah)

10. Al Masaa’il (المَسَائِلُ) – These are the issues   of the science.

These points are contained in the Introduction to the Science  (مقدّمة العلم).

As for the Introduction to the Book (مقدّمة الكتاب), you may find that some only mention “Bismillaahir Rahmaanir Raheem” and straight to the topic, (without mentioning the other three of the first four which have been distiguished from the last (a total of 8) ) or they say only “alhamdulillaah wasalaatu wassalaam alaa Rasoolillaah”  so if you wonder why they leave the two testimonies- it is because this saying encompasses the meaning of the two testimonies. Because if you praise Allaah and send your salawaat and blessings upon Muhammad Sallallaahu alayhi wassallam – this contains your shahada…

We find these eight etiquettes are mentioned in this treatise here: starting with the Basmalah and there is the praising of Allaah. mentioning the two testimonies, the salawaat and salaam on the Messenger sallallaahu`alayhi wasallam.  In our teachers print there is from the last four etiquettes, the name of the author, the title of the book, and ammaa Ba’ad –  And we also find the eighth ettiquette which is the benefit we will mention now-  the 8th is called Baraa`atustihlaal.. براعة استهلال means a “skillful start” as in skillful introduction.  Baraa`ah means “skilled” and Istihlaal means “start.”  It’s definition is that:  the author mentions within his introduction or at the beginning of his book, words which point to the topic he is going to speak about.” 

  • An Example:  Let us say that our teacher was going to give us a lecture about praying, he would start in his introduction with something like:  “All praise is to Allaah the one Who orederes us to pray…” or  “All praise to Allaah Who has prescribed for usto pray five prayers in the day and night.”   So this gives us a hint about the topic he is going to speak about.
  • Another Example:  Before talking about the ruling of oppressing someone, he may say: Alhamdulillaah,  Alladhee harrama Dhulma`alaa Nafsee” – “all the praises to Allaah the One who has forbidden oppression from Himself.”

Here he is using words which point out to the reader the subject he is going to talk about –  his words bring your heart close to the subject he will speak about.  It is like a subliminal message –  you read between the lines to get the subject that will be the topic of the speech or book.

And if we refer back to the introduction, the screen shot above where Ustaadh underlined in red several words- “ahkaam”, “al-hikm” and like this….and this is what is the subject of this treatise –  wisdoms and rulings …

He mentioned: وَأَحْكَمِهِ الشَّرْعِيَّةِ   because it  is relevant to the topic.

And he also mentioned it here: وَأَشْهَدُ أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَحْدَهُ لَا شَرِيكَ لَهُ فِي الْأَسْمَاءِ وَالصَّفَاتِ وَ الْعِبَادَةِ وَالْأَحْكَامِ.  becuase he is speaking about a science which is related to Ahkaam (the rulings), he said “There is no partner with Allaah in those rulings. (which we are about to speak about)”

He mentioned “al-hikm” (the plural of hikmah)  and many of the rulings are tied to their pemits, like for example: Al- khamr being impermissible due to the intoxication it does. This is the hikmah (wisdom) behind khamr being impermmisible (the ruling- Al Ahkaam).

The terms “al-Halaal” and “al-Haraam” –  these are two terms used in Usuulul fiqh

The term, “Assala-Usuul” … Al Usuul are foundations and we are going to speak about the foundations of Fiqh 

The term “fassalaha” is something which is detailed.  and what is it’s opposite is that which is left undetailed and this is something learned in Usuulul-Fiqh.  For example Allaah says in the Qur’aan (what means): “Enjoin prayer”… is this detailed in the Qur’aan?  It is not- and that is called Mujmal in Usuulul fiqh.  Who put int into detail?  The Prophet Sallallaahu `alayhi wasallam, and that is called Mufassal in Usuulul-fiqh. Mujmal and Mufassal are 2 terms you will come across inUsuulul-Fiqh.

In his introduction to the book, the author has used many words to give a hint what the topic is about. This is called Barra`atustihlaal   – a skillful introduction – an intorduction in which there is using words with two causes:

    1. It is part of the introduction
    2.  It draws the readers attention to the subject he is going to speak about.
In the future, Inshaa’Allaah we will come across with many of these examples.

Continuing with the translation>>>

This is now going on to the introduction of the Science. – we are jumping into topic.  He starts with the definition of this knowledge:

Usuulul-Fiqh Hiyal-`ilmu Bi’adillatil -fiqhhil-kuliyyah means:  “Usuulul-Fiqh is knowing the general foundations of Jurisprudence.”

  • Usuulul-Fiqh means: ” foundations of  Jurisprudence”
  • Hiyal-`ilmu means: “it is knowledge (understanding)”.
    • Being knowledgeable of what?
  • bi’adillah means “of the evidences”
    • here it means “the foundations” – “Al qawaa`id wal-usuul”
    • one of the technical meanings of “adillah”  is “al-Qaa`idah”
  • Al Fiqh means “jurisprudence”
  • Al-kuliyyah means “the general”

So the meaning of the first point is: Usuulul-Fiqh is knowing the general foundations of Jurisprudence.

Now he further clarifies this definition with a second point:

Wadhaalika Innal-Fiqha:  means: “That is because Jurisprudence:”

  • Imma Masaa’ilu yutlabul-hukma `alayhaa biahadil-ahkaamil-khamsah   means: ” it is either issues for which one of the five rulings is (sought or required.)”  (issues which you give one of the five rulings – for example:  you have  an issue such as praying alone or  praying in a group,  –  this requires a ruling.)  You may also say:  “it is either issues which require to be given one of the five rulings.”
    • Imma is for meaning:  “it is either”  “Imma is brought to mention some details after it.  (imma wa imma –  either …or….)
    • Masaa’il means: “issues”
    • alayhaa means: “for which”
    • biahadil-ahkaamil-khamsah means: “one of the five rulings”  (Al-Waajib, Al-Mustahaab, Al-Mubaah, Al-Makruuh, Al-Haraam)
    • Yutlabu means: “is sought/required”
  • Wa Imma dalaa’il yustadallu bihaa `alaa haadhihil-masaa’ilmeans: “or evidences used to support those issues.”  (the evidences of those issues which you use to base it upon)
    • Dalaa’il means:”evidences ” or “proofs”

The third point states:

Falfiqhu: huwa ma`rifatu “al masaa’ili” wad-“dalaa’ili” means:  “So fiqh is knowing “the issues” and “the proofs/evidences.” “

  • So fiqh is not about desires and whims and ‘my heart chooses this and chooses that’  or ‘I saw in my dream…’

It is ‘this is the issue and this is the evidence’  – The ruling in this issue that it is haraam and this is the evidence…this issue is waajib and this  is the evidence –  etc.  This is what Fiqh is all about.  Since it is both issues and proofs …

Intro to the fourth point to be explained in next dars:

Wa haadhihid-dalaa’ilu naw`aan means:  “And those proofs are two types”

In the next class it will be explained that these two types are general (kuliyyah) and particular (juz’iyyatun tafseeliyyah)…

~END of DARS~

Walhamdulilaah was-salaatu wassalaam alaa Rasuulilllaah

If anyone notices any errors in the notes kindly point them out through the comments section or in an email to: sarf4sisters@gmail.com

2 thoughts on “Explaining (A Fine Comprehensive Treatise on Usoolul’ Fiqh) 3

  1. Eliyas February 24, 2013 at 12:45 am Reply

    Assalamu alaikum
    I think it is not pronounced as salaat rather it should be salaah. Please make this correction wherever it is applicable as it is incorrect in the waqf. If you continue you can say salaat. So in the fourth point it should be sending salaah to the Prophet. If Ustaadh agrees with this Alhamdulillah! If i am wrong and if he corrects me Alhamdulillah!

    • sarf4sisters February 24, 2013 at 10:36 am Reply

      walaykumus salaam wa rahmatullaah, naam this is a good point and going with the principle that the Arab stops with a sukoon -jazaakallaahu khayran. It can also be noted that when continuing with that word, a harakah is placed on the last letter (salaatu, salaata, or salaati) We will seek the teachers input regarding changing the screen shot In shaa’ Allaah. Baarakallaahu feekum.

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