Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 8

بسم الله الرحمن الرحيم

TRANSCRIBERS NOTE: Inshaa’Allaah we will begin updating and adding the rest of the notes on these classes – The links to the WIZIQ recordings are now kept at: Establishing the Principles

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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Al-Adillatul-latee yustamaddu minhal-fiqhu arba`atun: means: “The evidences which fiqh is derived from are four”

  • Al-Adillah is the plural of daleel and daleel  is “proof/evidence”
  • Allatee means:  “which”

-17 Al-Kitaabu was-Sunnatu means:  the Book (the Qur’aan) and the Sunnah (the way of  the Prophet Sallallaahu`alayhi wasallam)

wa humal-aslul-ladhee khuutiba bihil-mukallafuuna wanbanaa deenuhum `alayhi means: “they are both the foundation by which the “mukallafuun” (sane, mature  individuals) are addressed. and their religion was based upon it (the Asl-  the Kitaab and Sunnah)”

  • Humaa is  the dhameer meaning “both of them”  (referring to Al-Kitaab was-Sunnah)
  • Bihi means: “by”
  • Allaadhee means: “which”
  • khuutiba means: “spoken to”, here we say “addressed” (it has a better meaning in this context)
  • inbanaa means:  “was based on”  –  a five letter verb on the scale of infa`ala
  • Deenuhum inbanaa `alayhi  – the default form of this sentence.  “Their religion was based upon it”
  • Deenuhum is  the faa’il of inbanaa (f’il)
  • `alayhi is referring to  the  Asl.

We are addressed by those two foundations, the two  main evidences that all evidences go back to:  The  Kitaab and the Sunnah.

– 18  Wal-ijmaa`u wal-qiyaasus-saheeh means: And the unanymous agreement of the scholars and the valid qiyaas ( Basing an issue which does not have a mentioned ruling on one which does have a mentioned ruling because of a resemblance between them)

He started this new point here because both of these two (al Ijmaa and Al qiyaas) go back to the main evidences- kitaab and sunnah.  Hw wanted to clarify that they all go  back to  the two main sources of evidences. That is why he did not put them all together (as in –  ” Al-Kittab was-sunnah wal-ijmaa wal-qiyaas).

Not every Qiyaas is valid and not everyone can do qiyaas- only the people of knowledge. An incorrect qiyaas would be basing an issue on another that has a ruling when there is no resemblance, such a false qiyaas is like when Iblees claimed that he was better tham Aadam because he was made of fire and Aadam was made from clay.

wa humaa mustanidaani illal-Kitaabi was-sunnah means: And both of  them are depending on Al Kitaab and the Sunnah.

  • Mustanidaan is from the verb istanada which means “leaning on something” – something leaning on something else. as in the saying:  “zawjee mustanidee” means:  “My husband is the person I lean on – meaning I depend on.”

– 19 fal-fiqhu min awwalihi ilaa aakhirihi laa yakhruju `an haadhihil-usuulil-arba`ati   means: Therefore, Al- Fiqh, from its beginning to  its end, is not out of those four foundations.

All  Fiqh goes back to those four.

-20 wa Aktharul-ahkaamil-muhimmati: tajtami`u `alayhaa  “Al-adillatul-arb`atu”means:  Most of the important rulings are proven by  the four evidences all together. ” 

  •  Most of the rulings are proven by the first three  (Qur’aan Sunnah Ijmaa’) and if there is not a clear evidence from the first three, we take  by Al-Qiyaas.  (Shaykh Abdullaah Fawzaan said explaining this part of  the book of Shaykh As-Sa`di: It means that all of the issues  of fiqh which the people need are proven by  those four  evidences, and  the leading evidences is an-nas (the texts of Quran and/or Sunnah) wal-ijma’.  then if there is no clear evidence for this issue from the Kitaab the Sunnah or  the ijma’, then we take by Al-Qiyaas)  So  qiyaas is in the case when there is  no clear evidence from the previous three. …  THIS ISSUE HAS BEEN CLARIFIED IN CLASS 9 NOTES
    *** Those four evidences prove many important rulings ***
    Our Ustaadh will ask his Shuyookh for clarification regarding the correct meaning of the point 20 and the point that comes after it.

One thought on “Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 8

  1. alia August 18, 2012 at 6:10 pm Reply

    as salaamu alaykum, jazaiku Allaahu khayren katheeren. May Allaah blesses w/ more knowledge, patience, and jannah in shaa Allaah.

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