Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 5

بسم الله الرحمن الرحيم

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, what follows:

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In previous class, our Ustaadh had translated for us that which meant:

“Those proofs are of two types:

1-General: It encompasses and covers every ruling from one type from the beginning of fiqh until the end.  Like our saying: “Command is  for obligation and forbiddance is for impermissibility” and the likes of  those two.  And this  is  Usuulul-Fiqh. 

2-And particular detailed proofs which are in desperate need to be based upon the general proofs (which are the principles themselves). If  it is done,  then it was judged by it on the rulings.  (derived by those general principles).”

Continuing with the translation >>>

5- Fal-Ahkaamu: mudhtarratun ilaa adillatihat-tafseeliyyati. waladillatut-tafseeliyyatu: mudhtarratun ilal-adillatil-kulliyyah.  means: “Therefore the rulings (meaning the rulings themselves –  haraamun, halaalun, manduubun, makruuhun, mubaahun) are in desperate need of their particular evidences. And the particular evidences are in desperate need of the general principles.

  • If we say “prayer is obligatory” then what will support this verdict?  The evidence of course.  and what is your evidence?  maa huwa daleeluka?  What is the position of the evidence to the rulings?  Those rulings are based upon their particular evidences –  they need them  theyare in desperate need of them.

How will it be understood that this particular evidence proves that particular ruling?  –  by the general evidence which are the principles themselves.  For example:   Prayer is Waajib.  How is that?  we say: “Allaah’s saying “Aqeemus-salaah” proves prayer to be waajib.  And how does Allaah’s saying: “Aqeemus salaat”  prove that salaah is waajib?  Because (we go back to the principle that Al-Amru lilwujuub) the command implies the obligation –  and Aqeemu is a command therefore the command to pray means that salaah is waajibah.

* Our teacher stressed the importance of understanding Arabic language and Usuulul-Fiqh – he cited a few detailed examples concerning those who have good intentions for following the Sunnah but they go to extremes – saying that what they see about a certain issue is the only haqq because it is based upon the Sunnah of Ar-Rasuul (sallalaahu` alayhi wassallam) according to what they see until they say that people who understood otherwise from the same hadeeth, are wrong.*

How does Allaahs saying “aqeemus salaah”prove that prayer is being waajib? If we never knew the principle, Al-Amru lilwujuub”, would we be able to answer that question?  NO.

Another question:  Aqeemu is a command, but how do we know that it is a command?  Because we learned the Arabic language. If we did not know that the scale “if`al” is for command, would we know that Aqeemu is a command?  NO. That is why we say that you could never understand the Qur’aan and Sunnah correctly without understanding the Arabic language because the Qur’aan and theSunnah are in Arabic.

So this is a command and the principle says that:  “The command is for obligation.  The conlusion then is that “Prayer is an obligation.”  So we have proved that these detailed and particular evidences are in desperate need of those general principles/evidences.  That is why they author said waladillatut-tafseeliyyatu: mudhtarratun ilal-adillatil-kulliyyah (  And the particular evidences are in desperate need of the general principles.)

The meaning thus far is:  The rulings are in desperate need of  their  particular evidences and the particular eviddences are in desperate need of  the general evidences (which are the principles here).     Why is this?  Because  you can never get to derive the rulings from the detailed evidences unless by the way of the general principles.  In other words, the general principles is the only proper methodology in understanding how the detailed evidences prove their rulings. 

  • You can never get to the rulings except by  the  detailed evidences
  • And you can never understand the detailed evidences except by the general evidences which are the principles 

6 – wabihaadhaa na`rifudh-dharuurati wal-haajata ilaa ma`rifati “Usuulil-Fiqhi” wa annahaa mu`eenatun `alayhi, wahiya asaasun-nathari walijtihaadi fil-ahkaami. means: “And by this we know the necessity and the need of knowing “Usuulil-Fiqh” and that it is helpful on it. And it (usuulul-fiqh) is the foundation of investigating and putting forth the effort into knowing the rulings.”

  • wabihaadhaameans: “And by  this”
    • What is “this”  it  is   what was previously stated and proven.
  • Na`rifu means:  “we know” ( mudhaari` on scale of Naf`ilu)
  • Adh-dharuurah means: “the necessity”
  • Al-Haajah means: “the need”
  • Ma`rifah means “knowing”  – it is the verbal noun
  • Wa Annahaa means: “and that it  is ”
    • haa means “it”  –  a feminine pronoun referring to “Usuul” which is feminine in the plural.
  • mu`eenah means: “helpful”
  • `Alayhi means: “on it”
    • Here the  pronoun “hi” which is masculine is referring to “fiqh” –   because you can never reach to knowing Fiqh until you know the general principles which it is based upon – usuulul-fiqh).
  • wa hiya means: “and it”
    • Now with the feminine form of “it” we are referring back to “usuul”  (usuul is feminine, Fiqh is masculine
  • Asaasun-nathar means: “foundation of investigating”
  • Al-ijtihaad means: “striving or putting forth the effort”  technically it is putting an effort to reach to the ruling.
  • Fil-ahkaam means here:   Fee ma`rifatil-ahkaam’ –  in knowing the rulings.

So the meaning of point 6 again is: And by this we know the necessity and the need in knowing the fundamental principles of Jurisprudence and that they are helpful on it (fiqh) and they are the foundations of investigating and the effort in knowing the Rulings.

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The author defined the following by mentioning its outcome or ruling

Al-Ahkaamul-latee yaduurul-fiqhu `alayhaa khamsatun means:  “The rulings around  which Al Fiqh circulates are five:”

  • Al Ahkaam means: “the rulings”
  • Allatee means: “which”
  • yaduuru means: “circulates around”
  • Al Fiqh means: ‘Jurisprudence”
  • `Alayhaa  means: “on it”
  • Khamsah means: “Five”

This means that in Jurisprudence the only rulings regarding the acts of a certain individual …. are five.

 7 – “Al Waajib” -Alladhee yuthaabu faa`iluhu wa yu`aaqabu taarikuhu means: “The obligatory: is the thing which its  doer gets rewarded and its leaver gets punished.”

  • Al Waajibu means: “the obligatory”
  • Alladhee means: “the thing which or the one who”
  • Yuthaabu means: ” Gets rewarded”
  • Faa`iluhu means: “it’s doer”
  • wa Yu`aaqabu means: “and gets pounished”
  •  Taarikuhu means: “its leaver”  (the person who leaves it)

From the Questions >>>

The slight difference between al-`ilmu and  ma`rifah – marifah is restricted to a knowledge that occurs after ignorance and Al ilm is  not so.

Some examples from Quran for the deriving of the general principles:   24/63:  …And let those who oppose the Messenger’s (Muhammad) commandment (i.e. his Sunnah— legal ways, orders, acts of worship, statements) (among the sects) beware, lest some Fitnah (disbelief, trials, afflictions, earthquakes, killing, overpowered by a tyrant) should befall them or a painful torment be inflicted on them.  The verse clearly stateds that whenever there is an Amr then this command implies obligation becuase it warned what will happen if the command is not followed.  is a torment given for something which you have an oprion to do?  No it  is only given if  you leave something that  you have to do …  and other examples of  this principle as well …  In a Hadeeth the Rasool stated which means:  had it  not been that I would place a burden upon my Ummah I would have ordered them to use siwak.  So the  burden would have come with the obligation,

Difference between Dharuurah and Haajah is  that dharuuru is the only way to get to what you need but with Al haajah  there could be abother option.  Both are needs but  dharuurah is the need you cant except by taking it.

SCREEN SHOTS

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