Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 6

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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We are on the third page –   explaining the five rulings  starting with Al -Waajib, our teacher had previously defined it for us by the reality of it  –  it is whatever was commanded of in an obliging manner –  It’s ruling is  that whoever does it will get rewarded and whoever leaves it  is  deserving of punishment.

Continuing with the  translation >>>

8 –  Al Haraamu: Dhidduhu  means: “The impermissible: is the opposite of  it”

  • So Al-Waajib is whatever necessitates a reward to the person doing it and a punishment to the person leaving it and Al-Haraam is the exact opposite:  it  is whatever necessitates a reward for the oneLEAVING it and a punishment to the one DOING it.
  • “hu” is a dhameer and it  is  referring to “al-Waajib”
  • An example of Al Haraam is Zina –  whoever does it will get punished and whoever leaves it (out of fear of Allaah) will be rewarded.  If he leaves it just becuase it didnt cross his mind to do it… this is not deserving of a reward.

:::IMPORTANT POINT:::

*The reward for leaving the Haram and doing the Waajib is with the condition of the right intention –  it must be for the Sake of Allaah*

*  POINT: Waajib is the act that has a reward for the doer and a punishment for the leaver .  Waajib and Fardh are the same thing. In the Hanafi method there is made a difference in the level of obligation.  Al Fardh is whatever is proven to be mandatory from the Qur’aan and al Waajib isn’t.  Later the author will teach us what will imply obligation and what will imply impermissibility.

Wal-Masnuun: Alladhee Yuthaabu faa`iluhu wa laa yu`aaqabu taarrikuhu  means: “What is preferred: that  the one who does it has a reward and the one who leaves it does not get punished.”

  • Masnuun is ism maf`ool  it is from sanna/yasunnu  (chaoter 1)  and from sunan meaning “the way”.  Sunnatun wal masnuun- it is the same thing.  It is Mustahaab
  • Masnuun is a technical term that was invented later on. Sunnah has three or four meanings:
  1. Linguistically it is “The way”   (Like saying of Ar-Rasuul…`Alayka bisunnatee…hold on to my WAY)
  2. Islamically it is “the guidance of Muhammad Sallallaahu`alayhi wa sallam”   (Like saying of companions/scholars … laysa min as-sunnati at tasbeehu bimisbaha)- meaning it is not what is legislated. Preferred and mandatory are both legislated.  Shaykh Ul Islaam Ibn Taymiyyah said: “This religion is based on doing the waajib and doing the mustahaab” –
  3. Technically (In Science of fiqh) it is  a preferred act (Scholars made this later)  such as siwaak and salaah taraweeh… bathing on Jumuah is sunnah mu’akkadhah  (this is disputed is it sunnah or waajib?)  a sunnah mu’akkadhah is a confirmed and strong sunnah – it is strongly recommended that you do it for the Prophet never left it.  (all of this will be explained later)
  4. Technically (In Science of Aqeedah) it is what is opposite/opposes a Bid`ah (Scholars of first generations used this).  The people who follow the guidance of Rasuul – sallallaahu 1alayhi wassallam- are called “Ahlus-Sunnah” in opposition to “Ahlul Bid`ah”. This is agreed upon by the truthful scholars. and based on the hadeeth of the Rasuul about the ummah parting into 73 sects…

 wal-makruuhu: Dhidduhu means: And the disliked is opposite it.

  • Meaning opposite of Al Masnuun.  It is that which the person who does it does not get punished and the one who leaves it has a reward.
    Makruuh is ism maf’ool  from kariha/yakrahu (chapter 4)

wal-mubaahaa: mustawit-tarafayn means: the allowed: it is of even/equal sides.

  • mustawee means:”equal” or “even”
  • tarafayn means:  “Two sides”  (at-tarf is “the side”)
  • Meaning in itself there is no reward in doing it and no punishment in leaving it.  *** UNLESS  doing it leads you to one of the other four***   and the example that has been given in a previous class is that of buying water to purify yourself for salah.  Buying and selling is mubaah  (as in Allaah’s saying in 2/276) but buying the water becomes waajib (as long as you have the money to do that and it is the only water available) when you must purify yourself for salah.

12- wa yanqasimul-waajibu  ilaa:  means:  “And the waajib parts into:”

  • Yanqasimu means: “parts”
  • Illaa means:”to”
    • Then he will explain the two parts:  “fardh `Ayn”  and “fardh kifaayah”

1.) fardhi `aynin: yutlabu fi`luhu min kulli mukallifin baalighin `aaqilin.  wa huwa jamhuuru ahkaamish-sharee`atil-waajibatih   means:  that which is  obligatory on each self. Doing it is asked of from every mature sane individual.  the majority of the mandatory commandments of Islamic Legislation is of  Fardh `Ayn.

  • Fardhi means:  waajib
  • `Ayn is the thing itself.  The thing itself is called ‘Ayn”  as in: “Jaa’anee Muhammadun `aynuhu  (Muhammad himself came to me)
  • Yutlabu means:  “it is asked of”
  • Fi`luhu means: Doing it (it is the masdar,  “F’il”  – of fa`ala yaf`alu)
  • Min means: “from”
  • Kulli means:  “every”  Kullu is the most powerful encompassing word.
  • Mukallif is a technical term from At-takleef   (Placing a burden on someone –  giving someone a responsibility which is a burden upon them)  its meaning is  in the two words that come after it which are:  Baaligh + `aaqil = mukallif
  • Baaligh means:  “a person who has reached puberty”
  • `Aaqil means: “sane”

* The mature sane person is called:  Mukallif*

  • wa huwa means:  “and it  is”  (fardh `Ayn)
  • Jamhuur means:  “the majority”
  • Ahkaam means:  “the rulings”
  • Sharee`ah means:  “Islamic legislations”
  • Al Waajibah means:  “The mandatory”
    MOST of what is obligatory in the Islamic legislation is of this type of Waajib-  fardh Ayn.

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