بسم الله الرحمن الرحيم
Our teacher began with praising Allaah and sending salaat and salaam on the Messenger of Allaah, his family, companions and followers until the Last Day and began:
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And we said that knowing Usoolul Fiqh is:
وهيَ أساسُ النّظَرِ والاجتهادِ في الأحكامِ.
The foundation of investigating and putting effort to reaching to the ruling
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Then he said:
فَصْلٌ fasl(un) Chapter
A couple of students asked whether الفصل(al Fasl) is synonymous to الباب(al- Baab), and or whether البابmeans also chapter. Ustaadh responded by saying that there’s a difference between باب(baab), كتاب (kitaab),فصل (fasl) , تنبيه(tanbeeh) , مسألة(mas’alah) and تتمّة(tatimmah). These are all technical terms used when writing books, and there’s a slight difference between of them. What is meant here is “a group of certain information”.
For example: كتاب الطهارة Kitaabu’t Taharah (the Book of Purification)
Q. Is Purification just one topic or of different topics?
A. They’re of different topics. Hence they say: كتاب الطهارةKitaab’ut taharah, the Book of Purification. They didn’t mean by “The Book” to be the whole book. What they meant by it was “a grouped information which is separated from the topic coming after it” — they made it into sections; they made it into groups. Any information that talks about Purification has been separated in a certain chapter. And anything that has to do with salah, sawm, hajj has been separated in a certain chapter and called each one of them “KIiaab”, because kitaab is a group of compiled information. Now, that particular group of information, e.g. “Purification” also has many types under it which are then divided and called “Baab” or classification according to subjects.
Purification is different from Salah, Fasting, Hajj, etc., and has many other topics under it viz. types of water to use (which water you can use; which water you can’t use); then there’s a topic which speaks about what is used to preserve the water i.e. bowl and the rulings regarding this container. Then there are rulings that have to do with etiquettes of the toilet; then the rulings which have to do with wudhu’, viz. what invalidates the whudhu’; the things mandatory in wudhu’ etc. All these are different topics that are divided as well.
But are we going to call it “Kitaab” as in the general topic it includes? No, we will call it another name i.e. “Baab”. So, under “Kitaab” there is “Baab”. Hence they say “Baab’ul Miyaah; Baab’ul Ghusul; Baab’ut Tayammum. Then under it, there could be other sub-topics as well which they called it “Fasl”.
What is meant by this categorizing and classification is “grouping the information” regarding one topic or one field of knowledge.
So now he (the Author) said “Fasl” (Chapter) because he is going to talk about a group of information that belongs to one topic on which it circulates around.
الأحْكامُ الَّتِي يَدُورُ الفِقهُ عَليها خَمسَةُ:
Al-Ahkaam’ul latee yadoor’ul Fiqhu ‘alayhaa khamsah:
The Rulings which Jurisprudence circulates around are five:
There are Five Rulings. What are the Rulings? These rulings are not just, for example better; nice; beautiful, there are no such things as that.
The Teacher said we have to get this right and that it is very important for us to know them because knowing them gives us the reward. And that if we know that something is obligatory and not just preferred, then this will correct our niyyah, and that we are going to do this because we believe that Allaah subhaanahu wa ta’aalaa has made this obligatory upon us. And also, if we do that which is preferred, we are also getting a reward because we’ re doing something which Allaah likes although He did not make it obligatory upon us, etc.
The Rulings in Islamic Legislation are five (with regards to the different practices which the human being does.)
It means that the Rulings on which Jurisprudence circulates around at are five, i.e. nothing in Jurisprudence leaves those five rulings.
Q. What is al-Fiqh (Jurisprudence)?
A. Al-Fiqh is issues and their evidences.
Q. What are those Rulings which you are going to give those particular issues at?
A. There are only five (rulings)
It means that every act one does, is not other than those five rulings mentioned.
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“الواجب”: الّذي يُثابُ فاعَلُهُ ويُعاقَبُ تارِكُهُ.
Al-ladhee yuthabu faa’iluhu wa yu’aaqabu taarikuhu
1) Al-Waajib – The Obligatory/Mandatory/Compulsory: that which it’s doer is rewarded and it’s leaver is punished
Q.What is waajib?
A. It is the act which:
- if someone does it, he is going to be rewarded
- if someone does not do it, he is going to be punished
الواجب al-Wajib and الفرض al-Fardh are the same, to the majority of the scholars.
- some made a difference but this difference does not cause much dispute in the outcome, fruit and result—the result is one—you’re going to be punished for leaving fard and wajib
- the School of Thought who differentiates between these two are the Hanifiyyah i.e. the followers of Abu Haneefah
- otherwise the majority or the rest of the scholars—the Shafi’eeyyah, al-Maalikiyyah and al-Hanabilah—do not make a difference, although some of them needed to make a difference in some chapters of Jurisprudence
- in general, there’s no difference between al-Waajib and al-Fardh
Wa’l Haraamu: dhidduh(u)
2) al-Haram – The Prohibited: the opposite of it (al-Waajib)
Q. What is the opposite of al-Waajib?
A. It is that which its doer is punished and its leaver is rewarded. It is the act which if you do, you are punished-the opposite of the one above. And if you leave, you are rewarded.
و”المسنون”: الّذي يُثابُ فاعِلُهُ ولا يُعاقَبُ تارِكُهُ.
Wa’l masnoon: al’ladhee yuthaabu faa’iluhu wa laa yu’aaqabu taarikuh(u)
3) al-Masnoon – The Preferred/Loved by Allaah : that which it’s doer is rewarded, it’s leaver isn’t punished.
المندوب / المستحب / المسنون
al-Masnoon (or as-Sunnah)/al-Mustahabb/al-Mandoob
That which is more common is al-Mustahabb. If you hear those three, they all mean the same to the majority of the scholars.
- it is unlike the al-Waajib whose leaver is punished
- nor is it the same as if it was permissible (al-Mubah)
When something is Mustahabb: (Teacher said to keep this always in mind!)
i. you are getting rewarded for doing it
ii. Allaah loves that you do it
And each of the two is connected to each other.
AQ. And so, that which is mustahabb is loved and made preferred by whom?
- By Allaah through His Prophet صلى الله عليه وسلم.
- it is that which is nearly permissible, but there’s a reward to it.
- some of them call it Sunnah.
Wa’l Makroohu: dhiddu)hu)
4) Al Makrooh – The Disliked: the opposite of it (i.e. al Masnoon/as-Sunnah)
- It is that which its leaver is rewarded and its doer is not punished.
و”المُباحُ”: مُستَوِي الطَّرَفَين
Wal-Mubaah(u) – mustawi’t tarafayn
5) Al Mubaah – The Permissible: of two-even-sides
مُستَوِي Mustawee – leveled
- it’s the same whether you do it or not
- there’s no reward in doing or leaving
- there’s no punishment in doing or leaving.
- unlike the previous ones that are not of two even sides:
- al Waajib – if you do it, you are rewarded and if you leave it your punished
- al Haraam – if you do it you are punished, if you leave it you are not punished
- Al Masnoon – if you do it you are rewarded, if you leave it you are not punished
- Al Makrooh – if you do it you are not punished, if you leave it you are rewarded
- unless if it leads to something else, as sometimes the mubaah leads to something which is makrooh, or to something haraam
- the author will explain this ruling later in shaa Allaah
Examples for the Waajib:
- الصَّلاة As salaah – The Prayers
- الزَّكاة Az zakaah – The Obligatory Charity
- الصِّيام As siyaam – The Fasting in Ramadhaan
- بِرُّ الوالدَين Birr’ul walidayn – Being good to parents
- صِلَةُ الأرحام Silatul arhaam – keeping family ties
- السِّدق As Sidq – Truthfulness
Examples for al Haraam:
- الغيبة al Gheebah – backbiting
- drinking alcohol
- eating pork
This prohibition is for a Muslim and even for a non Muslim. The only difference is that the non Muslim is not asked to leave eating pork before being asked of that which is more important. Otherwise the non Muslim will be asked for every bit of sin in the hereafter. Not because he is a non Muslim, he will be released from being asked of what he did. And it is Allaah who said about the believers saying to the disbelievers: The first answer they will give is that they weren’t of those who used to pray. As in Surah al Muddathir 74:40-47 which translate to mean:
In Gardens (Paradise) they will ask one another, (40) About Al-Mujrimûn (polytheists, criminals, disbelievers), (And they will say to them): (41) “What has caused you to enter Hell?” (42) They will say: “We were not of those who used to offer the Salât (prayers)(43) “Nor we used to feed Al-Miskin (the poor); (44) “And we used to talk falsehood (all that which Allâh hated) with vain talkers (45) “And we used to belie the Day of Recompense (46) “Until there came to us (the death) that is certain.”
So the disbelievers are asked to do whatever the believers are asked to do because they are all servants of Allaah. All of the commandments of Allaah are also directed to the disbelievers. But when a disbeliever enters Islam, he is asked to do the commandments in their order, whatever comes first in the sense of priority. So when a non Muslim reverts to Islam, we ask him first to do the prayer, then zakah then hajj, etc. This is after correcting his Aqeedah of course.
- النَّمِيمَة an Nameemah – tale carrying; “he said, she said”; spreading the talk to cause mischief
This is a big sin, may Allaah protect all of us! And this considered in Sharee’ah a type of Sihr (magic). Scholars considered it to be more dangerous and severe than Sihr. How is Sihr done? It is a way to separate between two people by using a Jinn. It is a hidden means and reasons to separate between two, or more. But the nameemah could do more than just separate between two, it could separate between tribes and it doesn’t stop there, it could cause people to kill each other, countries. There are many tales of this kind especially in our days. And the cause of these diseases of the heart is hatred; enmity; envies, all of those that drive one to this sick behavior, an Nameemah.
Examples of al Mustahabb/al Masnoon
- using the siwak
- any prayer other than the congregational prayer
- fasting other than the fast of Ramadan except if it was due to a vow
- spending which Allaah has bestowed upon you to the needy, unless it was the obligatory charity
- doing the second umrah
- doing the second hajj
Examples of al Makrooh:
- touching the private part with the right hand while urinating
- lying on one’s stomach
- using the water that has been used for an act of worship (to some scholars)
- drinking and eating while standing
- a man taking water for purification from the same bowl as that of a woman’s and vice versa
Examples of al Mubaah
- bathing to cool off
- approaching one’s family in the night of fasting
- eating fruits and vegetables
- looking at the trees, beautiful sights, animals
- eating bananas
Q. What is the proof to eating bananas as al Mubaah? Did the Prophet say eating is permissible or is there a specific verse in the Quran which says eating banana is permissible?
A. The Principle: “Every benefit is Mubaah unless proven otherwise.” Evidence: al Baqarah 2: 29-
هُوَ الَّذِي خَلَقَ لَكُمْ مَا فِي الأرْضِ جَمِيعًا ثُمَّ اسْتَوَى إِلَى السَّمَاءِ فَسَوَّاهُنَّ سَبْعَ سَمَاوَاتٍ وَهُوَ بِكُلِّ شَيْءٍ عَلِيمٌ
He it is who created for You All that is on earth. Then He Istawâ (rose over) towards the heaven and made them seven heavens and He is the All-Knower of everything.
Q. What if someone comes to you and says “what’s your proof that eating is permissible?”
A. We should return back the question to him by saying: “What is your proof that is not permissible” Because by default, every benefit which is in this world which Allaah has created is Mubaah. Everything that Allaah created on this earth of a benefit to us is permissilble. Everything that Allaah created and placed on this earth is for us.
هُوَ الَّذِي خَلَقَ لَكُمْ مَا فِي الأرْضِ جَمِيعًا
Everything which is for us is for us, if its entitled for us that means we can take it.
These are the five rulings and Teacher said we will elaborate more in the next classes.
~~~End of Dars~~~
الحمد لله رب العلمين
Transcribed by UmmuYusuf Iman al-Filibiniyyah
ADDED BENEFIT FROM A PREVIOUS CLASS:
The Author said:
“Al- Haraam (impermissible): it is the opposite of waajib (i.e. that which the one who does it gets punished, and the one who leaves it gets rewarded).” :
– The one leaving it gets rewarded if he left it for the sake of Allah; So for example: if a person left zina not for the sake of Allah and not because it was haraam, but rather he left it merely because it never crossed his mind; in this case he does not get rewarded for leaving it, because his leaving it was not intentional. Therefore if a person leaves a sin for reasons other than fear of Allah, he does not get rewarded for leaving the sin.
Shaykh ‘Uthaymeen further clarified this issue in his book ‘Sharh Riyadh As’Saliheen’; he said regarding the hadeeth:
“If two Muslims meet each other with their swords, then both the killer and the killed will be in the Hell-fire.” Someone said, “O Allaah’s Messenger, that is the case for the killer but why should that be the case for the killed?” He answered, “Because he wanted to kill his companion.” (Bukhari, Muslim)
Shaykh Uthaymeen said: “In this hadeeth there is a proof that actions are only by their intentions, and that when this person intended to kill his partner, he became as if he did it; and by this we know the difference between this hadeeth and the hadeeth:
“Whoever is killed protecting himself is a martyr, whoever is killed protecting his family is a martyr, and whoever is killed protecting his wealth is a martyr.”
So with what was taken before, it is known that whoever killed his brother wanting to kill him is in the Hellfire; and whoever wanted to kill his brother but was unable to, then the one killed is also in the Hellfire. The killer and the one killed are in the Hellfire.” (Sharh Riyadh As’Saliheen, vol. 1 pg. 70)
And regarding the hadeeth: “He who has intended a good deed and does not do it, Allah writes it down with Him as a performed good deed; but if he intends it and does perform it; Allah records for him from ten good deeds to seven hundred times that or more than that. If he intends to do an evil deed and does not do it, then Allah writes it down as a good deed; but if he intends an evil deed and performs it, Allah records it as one evil deed.”
He (Shaykh Uthaymeen) said: “As for the sin; the Prophet (sallAllahu alayhi wa salam) said “If he intends to do an evil deed and does not do it, then Allah writes it down as a good deed”. Just as a man who wanted to steal but remembered Allah, so the fear of Allah caught him and he left stealing; therein it will be written for him a reward because he left doing the sin for the sake of Allah, so he was rewarded for that. And as it was clarified and explained in another hadeeth stating: “He only left it for My sake” (Muslim, hadeeth no. 129); so he was determined to do a sin like al-gheebah for example, but he remembered that this is haraam, so he left it and he left it for Allah; therefore he is given for that a full reward. Then if he did one sin; then one sin is written on him and no more; as Allah said:
Whoever brings a good deed shall have ten times the like thereof to his credit, and whoever brings an evil deed shall have only the recompense of the like thereof, and they will not be wronged.” (Quran 6: 160)
And this hadeeth has an evidence on considering the intention, and that the intention could lead the person to good. And we previously added that if the human intended evil, and he did the act that leads him to evil, but he was unable to do it (the evil); then the sin of the doer is written on him, as what has passed in (the hadeeth of) the Muslims meeting with their swords.” (Sharh Riyadh As’Saliheen, vol. 1 pg. 76)
Transcribed By: Karima Muslimah