Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 4

Bismillaahir-Rahmaanir-Raheem

Our Teacher began with praising Allaah Ta’Aalaa  then sending salaat and salaam and blessings 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,

In this class, our teacher further clarified and gave more details on the text that he translated in the last dars.  This text is in the screen shot below.  Click on the screen shot to view the text clearly at 100%.

Transcribers note: The text in the notes is written in the phonetics as a means of assisting those students who might not read Arabic.  Students who read Arabic should refer to the Screen Shots or the treatise

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Here the phrase: Usuulul-Fiqhi hiyal-`Ilmu bi’adillatil-fiqhil-kulliyyati means: “Usuulul-Fiqh is the knowledge ( Al-`ilmu here means the understanding  –  الفهم ) of the general principles of fiqh.”

  • When we say “general” that means it covers a lot of issues that are applicable with this principle.
  • Al-Kulliyyah is a description of Al-Adillah (because it is mu`annath (feminine)  –  he said kulliyyati and not kulliyyu.)  It is an attribute of the adillah which are the principles.  So it is:  the general principles of fiqh.

wa Dhaalika Annal-Fiqha means:  And that is that Fiqh (is):

  • Here he is further explaining this definition.

Immaa masaa’il… means:  “Either issues”

  • Masaa’il is the plural of mas’ala.
  • the definition of “al-Mas’ala” is: an issue which is supported by an evidence.
  • It is called “Mas’ala” from “su’aal” which is asking or inquiring.
  • It is called that way because you ask about this issue – what is the evidence on this issue?  what is supporting it?

Yutlabul-hukmu `alayhaa means: “for which the ruling is sought”

Bi ahadil-ahkaamil-khamsah means: “by one of the five rulings.”

wa immaa Dalaa’il… means: “or evidences/proofs” (immaa… wa immaa… is a phrase for  “either…(and) or ….)

  • Dalaa’il is the plural of daleel

yustadallu means:  “supported”

bihaa means: “by which”

Alaa haadhihil-masaa’il means: “… those issues”  (teacher did not define “`alaa” here)

  • It means: “by which those issues are supported.”

So altogether it means:  “It is either issues for which a ruling of one of the five rulings is sought, or evidences by which those issues are supported.”

Fal-fiqhu: huwa ma`rifatu “almasaa’ili wad-dalaail” means:  “therefore fiqh is knowing the issues and the evidences”

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

  • Naw`aan is “two types” – it is a muthanaa (مثنى) – A form expressing two (the dual).
    Those types whuch h has just spoken about are of two kinds:

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(1)- Kulliyyah: tashmalu kulla hukmin min jinsin waahidin min awwalil-fiqh ilaa aakhirihi, kaqawlinaa: “al’amru lilwujuubi, wan-nahyulit-tahreemi  wa nahwihimaa wa haadhihi hiya usuulul-fiqh means: “General encompasses/includes every ruling from a certain type from the beginning of fiqh till its end.” Just like our saying: ‘the order/command implies obligation and the Forbidance is for impermissibility and like those two.'”  and this is what is “Usuulul-Fiqh”.

  • Kulliyyah means: “general”
  • Tashmalu means: “encompasses/includes”
  • Kulla Hukmin means: “every ruling”
  • Min jinsin waahidinmeans: “from a certain type”
    • Al jins is what is more general than “the kind”.   It is the type which has many kinds.  For example: At-tamru  (التمر)(dates) are Jins- and under this jins are many kinds such as Rutab, ajwah, lulu, khalas etc…. these are all different kinds of a general type –  type of thing…  the human type is called: Jinsul-insaan and by that we mean anything that is called a human being regardless of race, gender, social status etc….
  • min awwalil-fiqh ilaa aakhirihi, means: “from the beginning of fiqh till its end”- what does this mean?  By the example the saying will be clear – the shaykh now gives the example to make it clear:
  • kaqawlinaa: means: “just as/like our saying”
  • al’amru lilwujuub, means:  “The order/command is for/implies obligation”
    • This is a general principle which includes many issues of its type, meaning it covers and includes every issue which is obligatory.  (jins al-waajib)  Every issue which is obligatory falls under this principle: Al’amru lilwujuub.
    • How is this a general principle and not a specific one?  When we say  it is a general principle we mean that it does not speak about a specific isuue but covers just about every issue that could be called waajib.  For example: praying, fasting, hajj, reading Al-Faatihah in salaat, making rukuu` etc… all of these kinds are obligatory and all of them fall under this general principle.
    • For EXAMPLE:  Aqeemus-Salaah (establish (command) prayer – waajib), aatuz-zakaah (give (command) charity- waajib),  isbir alaa maa asaabik (be patient (command) on what befalls you -waajib), anhi `anil-munkar (forbid (command) evil-waajib), a`budulaah (worship (command)  Allaah- waajib) So all what is waajib is covered under this general principle.
    • In Usuulul fiqh you will be given principles covering many bits of issues of the same type.  this will be your methodology in understanding the evidences.
  • wan-nahyulit-tahreemi means: “Forbidance is for impermissibility”
  • wa nahwihimaa means:  “And like those two”( meaning like those two principles)

Thus far the meaning is:  “General” covers every ruling of one type from the beginning of Fiqh till its end. Just as our saying: “The command is for obligation and the forbidding is for impermissibility and whatever is like those two.”

wa haadhihi hiya usuulul-fiqh means:  “this is Usuulul-Fiqh”

  • Usuulul-fiqh is the general principles.

Another kind of dalaa’il is:

(2) Wa adillatun juz’iyyatun tafseeliyyatun: taftaqiru ilaa an tubnaa `alal-adillatil-kulliyyati. Fa’idhaa tammat hukima `alal-ahkaami bihaa.  means:  “and the partial and detailed proofs (adillah):  Need to be based upon the  general principles.  So if it is done (if basing those particular and detailed proofs on the general principles is done), it is ruled and judged on the rulings by it (by this operation/basing).
  • Juz’iyyah means: “partial/particular” –  it is a reference to “part” (juz’). particular
  • Tafseeliyyah means: “detailed”
  • Taftaqiru means: “desperate”
  • Ilaa an Tubnaa means:  “to  be based”
  • `Alaa means: “upon”
  • Al-adillatil-kulliyyah means: ” the general principles”

What does this mean?  This means that Fiqh is based upon 2 things:

  1. General Evidences which are the fundamental principles ofFiqh
  2. Particular evidences from which the rulings are derived like:  Al-Qur’aan As-Sunnah, and what follows them of Al Ijmaa, Al Qiyaas etc…

The author (rahimahullaah) stated that those particular evidences (what is derived from Qur’aan, Sunnah etc..)  need to be based upon the general principles in order to properlyderive the rulings.

For example:  “Aqeemus Salaah”  this is a daleel –  it is from the Qur’aan  – (a particular daleel [adillatun juz’iyyatun tafseeliyyatun]).  Now in order to derive the ruling on Salaah from this verse, we have to base it upon the general principle (Ad-daleelul-kulliyy).  The general principle states:  “The command implies obligation” (alamru lilwujuub).  And Aqeemu  is a command (al-amr)  therefore we can know that salaah is obligatory based on this general principle which we apply to that particular evidence  – Aqeemus-Salaah.  The scholars way is as such:  Qaalallaahu Ta’Aala: “aqeemus salaah”  – aqeemu Amrun wal amrulil-wujuub = as-salaatu waajibah.

  • Fa’idhaa tammat  means:  “so if it is done”
    • If the basing of the particular evidences on the general principles is done
  • hukima `alal-ahkaami bihaa. means:  “it is ruled and judged on the rulins by it (by this operation/basing)
    • you can pass a ruling –  give a judgement on it  (what is halaal what is haraam what is waajib, makrooh etc…) – a decision is made on the ruling by those general principles.

5 – Fal-ahkaamu mudhtarratun ilaa adillatihat-tafseeliyyati  means:  “So the rulings are desperate (Desperately in need of, can’t do without)  to the detailed evidences.”

  • Fal-ahkaam means: “so the rulings”
  • Mudhtarrah means:  “desperately needs”  it is more powerful then just “depends on” –  it is the only way to reach to the outcome is through it
  • Ilaa adillatihat-tafseeliyyah means: “to the detailed evidences”
    ~END of DARS~

2 thoughts on “Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 4

  1. Eliyas February 24, 2013 at 1:54 am Reply

    It is mentioned as Amma instead of Imma as both are different in meaning. Pls make the change. Jazaakunnallahu khairaa.

    • sarf4sisters February 24, 2013 at 10:29 am Reply

      wa iyaakum – this correction has been applied.

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