Category Archives: ESTABLISHING THE PRINCIPLES: Fiqh & Ettiquettes

Establishing the Principles: Fiqh & Ettiquettes – Book 1- Class 14

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 with a recap of the poetry that has been covered before the break…

عَبْدُ الإِلَهِ الشنجطي يَشْتَرِي  

                                        بِعِقْدِهِ المنْظوُمِ تِبْرَ الأخْضَرِي

Abdul-illaah Al-Shinqeetiyy buys the scattered gold crumbs of Al-Akhdariyy’s with his poetry.

      • Ash-Shinjitee here is Abdullah ibn Ahmad ibn al-Haaj [d.1208] (the author).
      • Abdul-ilaah is the same as Abdullah; as Al-ilaah is the same as Allah – as in the verse: “It is He (Allah) Who is the only Ilah in the heaven and the only Ilah on the earth…” (Quran 43:84) – so Allah is used ilaah here instead of Allah.
      • The meaning of ‘iqd here is poetry.

وَرُبَّ مَنْ عَقْدِي اضْــطِرَاراً حَسَّنَهْ

لَـــعَـــــلَّـــنِـــــي أَنَــالُ الأَجْرَ والــــزِّنَـــهْ                       

And many people appreciated this deal of mine, out of the necessity. That I may get the reward and the heaviness (of my scale)..

      • He meant people appreciated it because of the ease in memorizing – however, this does not mean that memorizing the original text is difficult; rather it is difficult when compared to the poetry.
      • This poem is on the scale مستفعلون mustaf’ilun 6 times.

فَالْحَمْدُ للهِ مُرَبِّي الْعَالَمِينْ

   ثُــمَّ الصَّلاَةُ وَالسَّلاَمُ لِلأَمِينْ                    

So (I say): All the praise is to Allah, The One bringing up the worlds (i.e. creation).Then the salaah and the salaam goes to the trustworthy (Muhammad)..

      •  The Prophet (sallAllahu alayhi wa salam) was known for his trustworthiness even before prophethood.

سَـــيّـــــِدِنَــــا مـُـــــحَـــــمّــــــَدٍ إِمَــــــامِ

رُسُـــلِـــــنَــــا وَالأَنـــــبِـــــيَـــــا الــخِــــتَــــامِ          

Our Master Muhammad, the leader of our Messenger and Prophets; the last one..

      •   Imaam here means leader in prayer (as he led the prophets and messengers in prayer on the night of Al-Isra), and leader in rank.

~ Al-`Aqeedah ~

أَوَّلُ وَاجِـــبٍ عَــلَـــى مَــنْ كُـــلِّـــفــا

تَصْــحِــيــحُـــهُ إِيـــــمَـــانَـــهُ وَيَـــعْرِفَا                

The first obligation upon whom the command applies to, is correcting his belief; and that he knows .

مُــصْـــلِـــحَ فــَرْضِ الــْعــَـيْــنِ كَالأَحْكـــَامِ

 لِــــلــطَّــــهْــــرِ وَالـــــصَّــــلاَةِ وَالــــصِّـــيَــــامِ                 

that which corrects the individual obligations; such as the rulings of purification, prayer and fasting.

      •     فَرْضِ الْعَيْنِ means: individual obligations. And the obligations are of two types:
        1. Fard ‘ayn: obligatory upon each and every individual,
        2. FardKifaayah: obligatory only upon a group of people to the point that they would suffice the rest.

وَوَاجِــــبٌ حِـــفْــــظ حُــــدودِ الْـــحَـــيِّ

بِــــالْـــــوَقْــــفِ عِــــنــــدَ أَمْــــرِهِ وَالــــــنَّـــهْـــيِ          

And obligatory is preserving the laws of the Ever-Living; by stopping at His commands and forbiddings.

وَأَنْ يَّــــــتُـــــوبَ قَـــــبْـــلَ سُـــخْــــــطِ اللهِ

سُــــــبْــــحَــــانَهُ عَــــــلَــــيْــــهِ بِـــــالْــــمَــــلاَهِـــي                    

And (it is obligatory also) that he repents before deserving the wrath of Allah–glorified is He – upon him, becauseof the distractions (from obedience).

وَشَـــــرْطُــــهَـــــا الــــنَّـــــدَمُ وَالـــــنِّـــيَــــةُ أَنْ

يــــكـــفَّ وَالإِقْــــلاَعُ عَــــنْ غَـــــيْــــرِ الـــحَــسَــــنْ                 


And its (i.e. repentance) conditions are; regretting, the intention to abstain, and abandoning that which isn’t good (i.e. the sin).

      •  The Prophet (sallAllahu alayhi wa salam) said: “Regretting is repentance.”

وَلاَ يُـــــؤَخِّــــــرْ أَوْ يَـــــقُـــــلْ حَـــتَّــــى تَـــــعِــنْ

هــــدَايَــــةُ اللهِ لَــهُ فَـــذَاكَ مِـــنْ                   


And let him not delay, or say until the guidance of Allah comes to him; for that is of
.

عَـــــلاَمَـــــةِ الــــشَّـــــقَـــــاءِ وَالْـــــخِــــذْلاَنِ

وَطَــــمْـــــسِ قَـــــلْـــبِـــهِ عَـــنِ الإِيــــــمَانِ                 

the sign of wretchedness, and misguidance, and extinguishing his heart from eeman.

الحمد لله والصلاة والسلام على رسول الله

Transcribed by: Bint Abdul Hadi

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Establishing the Principles: Fiqh & Ettiquettes – Book 1- Class 13

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:

 

   وَالْحِفْظُ لِلْبَصَرِ عَنْ حَرَامِ          كَنَظْرَةٍ تُؤْذِي أَخَا الإِسْلاَمِ      

And preserving the eyesight from that which is impermissible. Such as a look which annoys the brother in Islam.

–          الحِفْظ means: the preserving

–          البَصَر means: the eyesight.

–          حَرَام means: impermissible; and there are many things which are impermissible to look at; such as the man looking at a marriageable women (without a valid excuse or necessity), as Allah says:

قُل لِّلۡمُؤۡمِنِينَ يَغُضُّواْ مِنۡ أَبۡصَـٰرِهِمۡ وَيَحۡفَظُواْ فُرُوجَهُمۡ‌ۚ ذَٲلِكَ أَزۡكَىٰ لَهُمۡ‌ۗ إِنَّ ٱللَّهَ خَبِيرُۢ بِمَا يَصۡنَعُونَ

“Tell the believing men to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts, etc.). That is purer for them. Verily, Allah is All-Aware of what they do.” (Quran 24:30)

Principle: whatever was made impermissible (not for itself but) for what it leads to, becomes permissible if the advantage in it is greater. Such as a man looking at a marriageable women – it is originally impermissible; however, if he wants to marry her it becomes permissible because the advantage in looking here is greater than the disadvantage, as it leads them to marriage. And it is a sunnah to look at the one whom you want to marry, as it was narrated that when one of the companions wanted to get married, the Prophet (sallAllahu alayhi wa salam) said: “go look at her”; so he (sallAllahu alayhi wa salam) urged him to go and look at her.

And the scholars have also mentioned that it is not preferred for the man to stare at young boys or young girls, especially if it was out of desire; and this is all in order to close the doors of fitnah.

It is also impermissible to look at a certain possession of your brother Muslim which he does not want you to look at, such as a book or diary he has, or something he is writing etc. – anything which he has which is private and he does not want you to look at, is impermissible for you to look at; as this all falls under annoying your brother Muslim as in the verse:

وَٱلَّذِينَ يُؤۡذُونَ ٱلۡمُؤۡمِنِينَ وَٱلۡمُؤۡمِنَـٰتِ بِغَيۡرِ مَا ٱڪۡتَسَبُواْ فَقَدِ ٱحۡتَمَلُواْ بُهۡتَـٰنً۬ا وَإِثۡمً۬ا مُّبِينً۬ا

“And those who annoy believing men and women undeservedly, bear on themselves the crime of slander and plain sin.” (Quran 33: 58)

The impermissible looking includes any look which disturbs your brother Muslim, such as giving him an insulting look which annoys or disturbs him.

Likewise, peeking into people’s homes while you pass by, looking through the windows etc. (whether out of curiosity or spying); this is not permissible because it also falls under annoying your brother Muslim (as in the verse above).

And the general way to know what is permissible and what is not in this regard is: ‘annoying your brother Muslim’ –if that is what it leads to, then this thing is impermissible.

الحمد لله والصلاة والسلام على رسول الله

Transcribed by: Bint Abdul Hadi

Establishing the Principles: Fiqh & Ettiquettes – Book 1- Class 8

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:

 FE 8.1

“The preserving of the tongue from any foul speech and every wretched word” 

This is a continuation of the commandments mentioned by the author above.

  •  الحِفظ  means: preserving.
  • لِسَا ن  means: tongue.

One is obliged to preserve his tongue from any wrteched or foul speech.This tongue is one of the blessings which Allah has bestowed upon us, as Allah said: “Have We not made for him a pair of eyes? And a tongue and a pair of lips?” (Quran 90: 8-9). Therefore, every blessing deserves thankfulness – and how do we thank this blessing? By using it only in what pleases Allah, and by preserving it from every act which does not please Allah.

This body part in particular is the most disobdeient; this great blessing – the ability to express what is in your heart and on your mind, and the ability to communicate with others. The tongue is the easiest part in the body to move, and it takes very little effort to work – therefore it is the easiest and most daring to disobedience; thus it should be monitored at all times.

The Prophet (sallAllahu alayhi wa salam) said: “Whoever believed in Allah and the Day of Judgment, let him say good or remain silent”. This tongue –although of an insiginificnat size; is of a significant obedience or crime. Why? Because disbelief from belief isn’t shown except through the testimony of the tongue; therefore, by this body part Allah is obeyed or disobeyed.

The Prophet (sallAllahu alayhi wa salam) said: “Eeman is over seventy parts; the highest of them is the saying of ‘Laa ilaaha illah Allah’…” (Muslim); therefore, one of the greatest acts of obedience is done by this body part in particular. Likewise, one of the greatest sins could be done by this body part in particular, as Allah said (which means): “If you ask them (about this), they declare: “We were only talking idly and joking. Say: ‘Was it at Allah, and His Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking? Make no excuse; you have disbelieved after you had believed…’” (Quran 9: 65-66); this act of disbelief happened by the saying of the tongue – even if the heart did not mean it.

Abu Musa narrated: “I said: Oh Messenger of Allah, which of the Muslims are best? So he (sallAllahu alayhi wa salam) said: Whoever the Muslims were safe from his tongue and his hands.’” (Al-Bukhari)

And the Prophet (sallAllahu alayhi wa salam) said : “Truth leads to piety, and piety leads to Paradise; and lying leads to wretchedness, and wretchedness leads to th Hellfire.”

And one of the greatest means of spreading love and affection among the Muslims, is done through the tongue; as it was narrated that the Prophet (sallAllahu alayhi wa salam) said: “You will not enter Paradise until you believe; and you will not believe until you love one another. Should I not lead you to something if you do it you will love eachother?”  They said: “Yes Oh Messenger of Allah” He (sallAllahu alayhi wa salam) said: “Spread the greeting among you.”

 Likewise, Allah made one of the rights that a Muslim has over his brother Muslim, to be done and paid by the tongue; as the Prophet (sallAllahu alayhi wa salam) said: The rights of the Muslim upon the Muslim are five…” –and  he mentioned that if he meets him let him greet him. And the Prophet (sallAllahu alayhi wa salam) also made the good word a sadaqah; and Allah made the greatest jihaad done by the tongue – for the greatest jihad is done by the scholars through clarifying and calling/inviting to the religion of Allah.

It is narrated that Mu’ath once asked the Prophet (sallAllahu alayih wa salam): “Is what we say taken into account against us?”And he (sallAllahu alayhi wa salam) replied: “Of course oh Mu’ath!  Isn’t what the tongue stores the thing which causes people to fall in the Hellfire on their faces?!” – because when a person falls, he usually falls the other way, but because of how heavy the tongue becomes from what it has earned, it will cause the slave to fall into the Hellfire the other way around (i.e. on his face). Therefore, the only one who is saved from the Hellfire is he who tied down hit tongue with the rope of Islamic discipline, not letting it loose except in what brings benefit to him in this world and the next.  And disciplining the tongue upon the religion of Allah needs a lot of effort; as it is the easiest body part of the body to move; there is no burden at all in moving it, and one can talk all day and night and his tongue never gets tired of moving (when compared to the rest of the body parts); and most of the time one finds pleasure in moving this particualr body part –especially when talking about people.

The Prophet (sallAllahu alayhi wa salam) gave us a comprehensive statement, which if we act upon it, we will surely get rid of the dangers of the tongue and be safe from its problems; he (sallAllahu alayhi wa salam) said: “Whoever believed in Allah and the Last Day, let him say good or remain silent.”  (Al-Bukhari); Shaykh Uthaymeen mentioned the quote of An-Nawawi (regarding when backbiting is permissible), he (An-Nawawi) said: “Know that it is upon every mukallaf (sane adult) that he preserves his tongue from all speech; except speech where the advantage of it is apparent (i.e. except what was an advantage to him)…”

Shaykh Uthaymeen said in commentry of this quote of An-Nawawi: “And this instruction is taken from the saying of the Prophet (sallAllahu alayhi wa salam): ‘Whoever believed in Allah and the Last Day let him say good or remain silent.’”

An-Nawawi continued: “Whenever speaking or not was the same (i.e. whether you speak or not there is no advantage), then the Sunnah (i.e. the way of the Prophet) is to not speak it…”

Shaykh Uthaymeen commented: “If the two things are equal, being quiet or speaking, then safety is better” – meaning, he doesn’t speak if he was in doubt as to whether what he will say is good or not; because there is nothing like safety from whatever is a means of punishment. Otherewise if it was necessary that you speak or say something, then you say it; and sometimes speaking is obligatory, such as seeing an evil which you can forbid with your tongue –then you must forbid it; because here speaking is the advantage and remaining silent is the disadvantage.

Shaykh Uthaymeen continued: “In opposition, this hadeeth means that it is obligatory upon the person that he remains quiet if what he was going to say is not good, because the Prophet (sallAllahu alayhi wa salam) here made it a condition to completing one’s eeman, as he (sallAllahu alayhi wa salam) said: ‘whoever believed in Allah and the Last Day, let him say good or reamin silent.’”

Imam An-Nawawi continued: “Because the lawful speech might drag you into an impermissible or disliked speech; and that usually happens a lot (i.e. that a person starts with speech which is permissible and then is dragged into speech wich is impersissible or disliked).”

And it was narrated on the authority of Sahl Ibn Sa’ad that the Prophet (sallAllahu alayhi wa salam) said: “Whoever gaurantees to keep preserved what is between his jaws and his legs, I will gaurantee for him Paradise.” (Al-Bukhari)

And it was narrated on the authority of Abu Hurayrah (radhiAllahu anhu) that the Prophet (sallAllahu alayhi wa salam) said: “A person utters a word thoughtlessly (i.e. without thinking about its being good or not) and, as a result of this, he will fall down into the fire of Hell deeper than the distance between the east and the west.” (Al-Bukhari)

It was narrated that Ibn Mas’ud (radhiAllahu anhu) said: “By Allah – Who is the only One deserving to be worshipped – there isn’t a thing more in need of imprisoning than the tongue.”

And Hassan Al-Basri said: “He hasn’t preserved his religion, who hasn’t preserved his tongue.”

And one of the predecessors said: “Preserving the tongue is harder to people than preserving the wealth.”

So if this was the matter of the tongue; then it became mandatory and highly important for one to know the different dangers of it.

-End of Dars-

Allaah Ta’Aalaa Knows Best, All the praise and thanks are for him and may the salaah and salaam be upon His Prophet  Muhammad  Sallallaahu Alayhi wasallam.

Transcribed by: Karima Muslimah

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FE 8.2

Establishing the Principles: Fiqh & Ettiquettes – Book 1- Class 12

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:

 Notes >>>

 وَأَيْمُنِ الطَّلاَقِ وانتِهَارِ    مُسْلِمٍ أَوْ أَهَانَهُ بِعَارِ         

  مِنْ سَبٍّ أَوْ تَخْوِيفِهِ لِمَنْعِ   جَمِيعِهَا فِي غَيْرِ حَقٍّ شَرْعِي       

And swearing to divorce; and using rough speech with a Muslim, or insulting/criticizing him or cursing or scaring him, is forbidden all of it, in other than an Islaamic right
.

  • أَيمُن is the plural of yameen, which means the right (i.e. the right hand); here, it means the oath.  It (the oath) was called a yameen because when the Arabs used to give an oath, one would hold the right hand of his partner (i.e. one would put his right hand in the hand of the one he is making this oath with). However, here the author said  أيمن طلاق, so he means the oath of divorce.
  • الطّلَاق means: divorce; and this [swearing to divorce] was a habit in the old days, and is so even until now; so for example, one says when wanting to invite his friend over: ‘if you don’t come then divorcing my wife is upon me!’ etc.  The least in the ruling of this is that it is disliked; and in some schools of thought it is considered Haraam. And Allah ordered us to preserve our oaths, in His saying: “…And protect your oaths (i.e. do not swear much). Thus Allah make clear to you His Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) that you may be grateful.” (Quran 5: 89)

One should seek to take oaths as little as possible, and should seek to avoid it as much as possible; and he should only do so when it is necessary –otherwise, making it a habit is disliked, and some consider it Haraam –especially those based upon divorce.And Allah said:(What translates to mean)  “Allah will not call you to account for that which is unintentional in your oaths, but He will call you to account for that which your hearts have earned. And Allah is Oft-Forgiving, Most-Forbearing.” (Quran 2: 225); therefore, if (for example) you tell someone to go through the door, and this person instead insists that you go first, and says: “no, wallahi you go first” –here, this is not an intentional oath, rather he was just insisting that you go first. 

Allah said these verses speaking in the sequence of divorce, and He said at the end: “… And treat not the Verses (Laws) of Allah as a jest, but remember Allah’s Favours on you (i.e. Islam), and that which He has sent down to you of the Book (i.e. the Quran) and Al-Hikmah (the Prophet’s Sunnah – legal ways – Islamic jurisprudence, etc.) whereby He instructs you. And fear Allah, and know that Allah is All-Aware of everything.” (Quran 2: 231); meaning, do not play around with the laws of Allah, because talaq (divorce) is one of the laws of Allah.

And talaq in the pre-Islamic days was not limited; to the point that one would divorce his woman and leave her for as long as he wanted, and then return and take her back, and then divorce her –and so on. And in some religions, divorce is not allowed completely. Thus, Islam came to give the best solution, and it did not deny that divorce could be a solution; however, Islam limited divorce to three times –after which you can no longer take her back.

Allah’s detailing this issue (of divorce) shows its importance, and that it should be carried out only after much thought. Therefore, one should not play around with the laws of Allah by making oaths with one’s talaq. As for the ruling, there is dispute – some scholars say if one swears upon talaq and the things which he swore upon take place, then his talaq takes place even if he did it out of joking, and the intention is not looked at here due to certain ahadeeth which give that meaning.

Shaykh ibn Baaz said in his fataawa speaking about this issue: “The believer shouldn’t do it a lot; rather, it is disliked for him to do so, and he should preserve his tongue… so the believer should verify in different matters, and to be concerned with preserving the tongue from anything which shouldn’t be done –and of that is divorce. So he shouldn’t divorce except after much thought and caution; then if the advantage and benefit shows in divorcing, he then divorces a single time only; because he might regret, then take back his wife; and what is meant –that doing much swearing by divorce is dangerous, and leads to this divorce taking place, for he could swear by divorce not meaning it, but it does take place if he does what he swore not to do, or left what he said he would do. As for the case where he only wanted to threaten and scare off [his wife], such as him saying: “if you speak to so and so then you are divorced”… this issue in the strongest saying according to the scholars, does not make the divorce take place; but there is an expiation, which is the expiation of an oath.”

And divorce is not in the hands of the women, as due to her nature, she tends to be emotional more than she is rational; as she may realize at the end that she really did not want to leave her husband, and she would then want to go back to him; that is why, because of her nature, the divorce was not placed in her hands. And this is in order to protect her, so that she does not divorce and then regret it and want to go back to her husband; and so she does not end up lost with no one to take care of her. However, she can seek a khula, but this is only an asking for divorce; however, divorcing is in the hands of the man.

  •  انتِهَار means: to tell someone off with rough speech; as Allah said:(what translates to mean) “… say not to them [so much as], “uff,” and do not repel them but speak to them a noble word.” (Quran 17: 23)

As-Sayooti said (about the word intihaar): “It is az-zajar” (i.e. driving someone away with harsh words or angry tone etc).

So it is not permissible to use harsh or rough speech with a Muslim; either by way of insulting him, or cursing him etc.

  •  أَهَانَهُ means: insult; and here you can say it as ahaanahu or ihaanihi –as both are the same and give the same meaning to the sentence.
  • عَارِ means: defect; and the author did not intend here to restrict the insulting to being only due to a defect, rather this is just an example he gave.
  •   مِنmeans: of.
  •   سَبٍّ means: cursing.

All of the mentioned things are impermissible.  The Prophet (sallAllahu alayhi wa salam) said about cursing: Cursing a Muslim, is fusooq (i.e. being rebellious)”; i.e. it is one of the major sins.

The definition of a major sin in Islam is: every sin which was specified with:

  1. A penalty in this worldly life: such as someone accusing a chaste woman/man of committing zina; as Allah said: (what translates to mean) “And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever, they indeed are the Fasiqun (liars, rebellious, disobedient to Allah).” (Quran 24: 4)
  1. A threat of punishment in the Hereafter: such as the narration of the Prophet (sallAllahu alayhi wa salam) in which he said that he saw people having their jaws sawed, and when he asked Jibreel about them, Jibreel said that they were the people who fabricate lies and they spread.
  1. A cursing from Allah or His Messenger (sallAllahu alayhi wa salam), or their being free from someone: such as the saying of the Prophet (sallAllahu alayhi wa salam): “May Allah curse he who cursed his parents” or his saying: Tell the people that whoever hangs a tameemah, then Muhammad is free from him.”

It is not permissible to annoy your brother, as the Prophet (sallAllahu alayhi wa salam) said: “Don’t harm yourself, neither harm others.”

 And Allah said: (What translates to mean)  “And those who annoy believing men and women undeservedly, bear on themselves the crime of slander and plain sin.” (Quran 33: 58); and this verse is not restricted to slander –rather any type of annoyance falls under this verse.

And the Prophet (sallAllahu alayhi wa salam) said: “The Muslim is the brother of the Muslim, he doesn’t oppress him.”

Any type of calling names is impermissible, as Allah said: (what translates to mean) “O you who believe! Let not a group scoff at another group, it may be that the latter are better than the former; nor let (some) women scoff at other women, it may be that the latter are better than the former, nor defame one another, nor insult one another by nicknames. How bad is it, to insult one’s brother after having Faith [i.e. to call your Muslim brother (a faithful believer) as: “O sinner”, or “O wicked”, etc.]. And whosoever does not repent, then such are indeed Zalimun (wrong-doers, etc.).” (Quran 49: 11)

Speaking about a Muslim, or cursing him, or defaming him and criticizing him –this is by default impermissible; as the Muslims reputation is sacred and preserved, and it is not to be abused in any way. And Allah said: (what translates to mean) “… Allah will bring a people whom He will love and they will love Him; humble towards the believers, stern towards the disbelievers…” (Quran 5: 54); thus, your duty towards your Muslim brother is that you love him for the sake of Allah and because of his eeman and worshipping of Allah; and love is one of the conditions of ‘Laa ilaaha illah Allah’, and one does not fully achieve it unless he loves he who says it with him.

Allah loves the believers; therefore, whoever doesn’t do so as well, is contradicting what Allah loves. Rather, one must love what Allah loves and hate what Allah hates; and if one doesn’t, then there is a problem with his eeman.

And Allah said: (what translates to mean)  “And He has united their (i.e. believers’) hearts. If you had spent all that is in the earth, you could not have united their hearts, but Allah has united them…” (Quran 8: 63)  And He said: And hold fast, all of you together, to the Rope of Allah (i.e. this Quran), and be not divided among yourselves, and remember Allah’s Favour on you, for you were enemies one to another but He joined your hearts together, so that, by His Grace, you became brethren (in Islamic Faith), and you were on the brink of a pit of Fire, and He saved you from it. Thus Allah makes His Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.,) clear to you, that you may be guided.” (Quran 3: 103)

  •  أَوْ تَخْوِيفِهِ means: or scaring him; such as threatening him, or pointing a weapon at him even as a joke etc.
  •  لِمَنْعِ means: is forbidden.
  • جَمِيعِهَا means: all of it.
  • فِي غَيْرِ حَقٍّ شَرْعِي means: in other than a given Islaamic right.

Abu Hurayrah (radhiAllahu anhu) reported that Allah’s Messenger (sallAllahu alayhi wa salam) said: “Do you know who is poor?” they (the Companions) said: “A poor man amongst us is one who has neither dirham with him nor wealth.” He (sallAllahu alayhi wa salam) said: “the poor of my Ummah would be he who would come on the Day of Resurrection with prayers and fasts and Zakat but (he would find himself bankrupt on that day as he would have exhausted his funds of virtues) since he hurled abuses upon others, brought calumny against others and unlawfully consumed the wealth of others and shed the blood of others and beat others, and his virtues would be credited to the account of one (who suffered at his hand). And if his good deeds fall short to clear the account, then his sins would be entered in (his account) and he would be thrown in the hell-Fire.” (Muslim)

And he (sallAllahu alayhi wa salam) said: “Of the most sever usury, is detracting from the Muslims reputation without a given right.” (Sahih Jaami’)

And he (sallAllahu alayhi wa salam) said: “The worst usury is slandering the reputations.” (Sahih Jaami’)

And he (sallAllahu alayhi wa salam) said: “Usury is seventy doors; the lowest of those doors is the man fornicating with his mother, and verily the worst of those doors is extending in detracting from the Muslims reputation.” (Authenticated by Al-Albaanee)

الحمد لله والصلاة والسلام على رسول الله

 

Transcribed by: Bint Abdul Hadi

 

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FE 12.1

Establishing the Principles: Fiqh & Ettiquettes – Book 1- Class 11

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:

The Explanation >>>

وَأَيْمُنِ الطَّلاَقِ وانتِهَارِ    مُسْلِمٍ أَوْ أَهَانَهُ بِعَارِ

  • أَيمُن is the plural of yameen, which means the right (i.e. the right hand); here, it means the oath.   It (the oath) was called a yameen because when the Arabs used to give an oath, one would hold the right hand of his partner (i.e. one would put his right hand in the hand of the one he is making this oath with).  There are two plural words  for yameen –  Aymun and ayman However, here the author said  أيمن طلاق(aymunit’talaaq), so he means the oath of divorce.
  •    الطّلَاق means: divorce; and this [swearing to divorce] was a habit in the old days, and is so even until now; so for example, one says when wanting to invite his friend over: ‘if you don’t come then divorcing my wife is upon me!’ etc.  The least in the ruling of this is that it is disliked; and in some schools of thought it is considered Haraam. And Allah ordered us to preserve our oaths, in His saying:

وَٱحۡفَظُوٓاْ أَيۡمَـٰنَكُمۡ‌ۚ كَذَٲلِكَ يُبَيِّنُ ٱللَّهُ لَكُمۡ ءَايَـٰتِهِۦ لَعَلَّكُمۡ تَشۡكُرُونَ

“…And protect your oaths (i.e. do not swear much). Thus Allah make clear to you His Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) that you may be grateful.”  (Quran 5: 89)

One should seek to take oaths as little as possible, and should seek to avoid it as much as possible; and he should only do so when it is necessary –otherwise, making it a habit is disliked, and some consider it Haraam –especially those based upon divorce.  And Allah said:

لَّا يُؤَاخِذُكُمُ ٱللَّهُ بِٱللَّغۡوِ فِىٓ أَيۡمَـٰنِكُمۡ وَلَـٰكِن يُؤَاخِذُكُم بِمَا كَسَبَتۡ قُلُوبُكُمۡ‌ۗ وَٱللَّهُ غَفُورٌ حَلِيمٌ۬

“Allah will not call you to account for that which is unintentional in your oaths, but He will call you to account for that which your hearts have earned. And Allah is Oft-Forgiving, Most-Forbearing.” (Quran 2: 225)

Therefore, if (for example) you tell someone to go through the door, and this person instead insists that you go first, and says: “no, wallahi you go first” –here, this is not an intentional oath, rather he was just insisting that you go first.

Allah said these verses speaking in the sequence of divorce, and He said at the end:

وَإِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَبَلَغۡنَ أَجَلَهُنَّ فَأَمۡسِكُوهُنَّ بِمَعۡرُوفٍ أَوۡ سَرِّحُوهُنَّ بِمَعۡرُوفٍ۬‌ۚ وَلَا تُمۡسِكُوهُنَّ ضِرَارً۬ا لِّتَعۡتَدُواْ‌ۚ وَمَن يَفۡعَلۡ ذَٲلِكَ فَقَدۡ ظَلَمَ نَفۡسَهُ ۥ‌ۚ وَلَا تَتَّخِذُوٓاْ ءَايَـٰتِ ٱللَّهِ هُزُوً۬ا‌ۚ وَٱذۡكُرُواْ نِعۡمَتَ ٱللَّهِ عَلَيۡكُمۡ وَمَآ أَنزَلَ عَلَيۡكُم مِّنَ ٱلۡكِتَـٰبِ وَٱلۡحِكۡمَةِ يَعِظُكُم بِهِۦ‌ۚ وَٱتَّقُواْ ٱللَّهَ وَٱعۡلَمُوٓاْ أَنَّ ٱللَّهَ بِكُلِّ شَىۡءٍ عَلِيمٌ۬

“And when you have divorced women and they have fulfilled the term of their prescribed period, either take them back on reasonable basis or set them free on reasonable basis. But do not take them back to hurt them, and whoever does that, then he has wronged himself. And treat not the Verses (Laws) of Allah as a jest, but remember Allah’s Favours on you (i.e. Islam), and that which He has sent down to you of the Book (i.e. the Quran) and Al-Hikmah (the Prophet’s Sunnah – legal ways – Islamic jurisprudence, etc.) whereby He instructs you. And fear Allah, and know that Allah is All-Aware of everything.” (Quran 2: 231)

 Meaning, do not play around with the laws of Allah, because talaq (divorce) is one of the laws of Allah.  And talaq in the pre-Islamic days was not limited; to the point that one would divorce his woman and leave her for as long as he wanted, and then return and take her back, and then divorce her –and so on. And in some religions, divorce is not allowed completely. Thus, Islam came to give the best solution, and it did not deny that divorce could be a solution; however, Islam limited divorce to three times –after which you can no longer take her back.

Allah’s detailing this issue (of divorce) shows its importance, and that it should be carried out only after much thought. Therefore, one should not play around with the laws of Allah by making oaths with one’s talaq. As for the ruling, there is dispute – some scholars say if one swears upon talaq and the things which he swore upon take place, then his talaq takes place even if he did it out of joking, and the intention is not looked at here due to certain ahadeeth which give that meaning.

Shaykh ibn Baaz said in his fataawa speaking about this issue: “The believer shouldn’t do it a lot; rather, it is disliked for him to do so, and he should preserve his tongue… so the believer should verify in different matters, and to be concerned with preserving the tongue from anything which shouldn’t be done –and of that is divorce. So he shouldn’t divorce except after much thought and caution; then if the advantage and benefit shows in divorcing, he then divorces a single time only; because he might regret, then take back his wife; and what is meant –that doing much swearing by divorce is dangerous, and leads to this divorce taking place, for he could swear by divorce not meaning it, but it does take place if he does what he swore not to do, or left what he said he would do. As for the case where he only wanted to threaten and scare off [his wife], such as him saying: “if you speak to so and so then you are divorced”… this issue in the strongest saying according to the scholars, does not make the divorce take place; but there is an expiation, which is the expiation of an oath.”

And divorce is not in the hands of the women, as due to her nature, she tends to be emotional more than she is rational; as she may realize at the end that she really did not want to leave her husband, and she would then want to go back to him; that is why, because of her nature, the divorce was not placed in her hands. And this is in order to protect her, so that she does not divorce and then regret it and want to go back to her husband; and so she does not end up lost with no one to take care of her. However, she can seek a khula, but this is only an asking for divorce; however, divorcing is in the hands of the man.

الحمد لله والصلاة والسلام على رسول الله

Transcribed by: Karima Muslimah

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FE 11.1

Establishing the Principles: Fiqh & Ettiquettes – Book 1- Class 10

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:

Continuing with the Dangers of the Tongue >>>

Our Ustaadh is taking several lessons to clarify the dangers of the tongue for surely we need to remedy this in several sessions so that we realize the significance of what we fall into and the consequences of what we engage our tongues in and often lose control.  The dangers of the tongue are plenty – it rushes to the tongue and the tongue doesn’t find it heavy,   rather one might find a taste of it in the heart and is pushed to it by the devil and human nature once it starts.

It was narrated by the authority of Ash-Shaqeeq (one of the followers) that Abdullah ibn Mas’ud (radhiAllahu `anhu) was uttering at’talbiyah [i.e. la bayka allahuma la bayk] on as’Saffa, and he said: “O tongue! Say good and you shall gain [good]; remain silent and you shall be safe, before you become sorry” So they said to him: “Oh Abaa ‘AbdirRahmaan, is this something you say, or something you have heard?” He replied: “Nay! But I heard the Messenger of Allah (sallAllahu alayhi wa salam) saying: ‘Most of the sins of the son of Adam are in his tongue!’”

    • In his tongue meaning:  “gained by his tongue”

How was the tongue of the Prophet (sallAllahu alayhi wa salam)?

 Anas (radhiAllahu anhu) said: “I haven’t touched silk smoother than the palm of the Prophet (sallAllahu alayhi wa salam), neither have I smelt a scent better than the Messenger’s (sallAllahu alayhi wa salam); and I have served the Messenger of Allah (sallAllahu alayhi wa salam) for 10 years, and he hasn’t said to me  ‘uff’ ever; neither has he said about something I did ‘why did you do it?’, nor about something I didn’t do: ‘why didn’t you do it?’”

Ustaadh is giving us many authentic hadeeth about this topic which goes to show how weighty it is.

It was narrated that the Prophet (sallAllahu alayhi wa salam) was of long silence, and little laughter.

And the Prophet (sallAllahu alayhi wa salam) said: “There isn’t a part of the body not complaining of the tongue’s sharpness.”

    • Meaning the one who is of a wicked tongue and an indecent or obcene language, there isnt a part of his body not complaining of his tongues sharpness

Mujaahid (the student of Ibn Abbaas) said: “They used to settle of speech with the little.”

Haatim Al-Asumm said: “If a writer was to sit with you taking down all your words, you would’ve taken much caution [of what you say]; and your words are about to be brought before Allah, and you take no caution!”

Ma’ruf Al-Karkhiyy said: “The slave talking in what doesn’t concern him, is a misguiding from Allah.”

And one of them said: “The tongue is a snake, to which the mouth is a dwelling.”

Going back to another important hadeeth of the Rasool  (sallAllahu alayhi wa salam):

The Prophet (sallAllahu alayhi wa salam) said: “Of the best submission [to Allah] of a person, is leaving off what doesn’t concern him.”

    • What is considered of the total submissiveness to Allaah i that you do not engage your self with that which doesnt concern you.

One of the scholars said: “And know that if you ask someone of that which doesn’t concern you, you have not only wasted your time, but also drove the one you have asked to waste his time by answering; and it might be that you sometimes ask someone saying: “where were you?”, and he hates to tell it to you; then if he says the truth, it will annoy him, and if he lies he will fall into sin.”

    • All of this would be because of you asked what does not concern you.
    • It does not concern you to ask someone that you meet:  Where were you, what did you do, etc…
    • Maybe someone does not eamt t mention what they were doing or where they were …
    • As it was mentioned that someone once asked Abu Hanifa about his age, and he replied to them: “Mind your own business.”

Another of the dangers of the tongue is: excessive talk

Abdullah ibn Mas’ud (radhiAllahu anhu) said: “I warned you of excessive talk; it is sufficient for any of you, what serves his purpose.”

    • Meaning what serves the purpose is enough –  don’t over do it.

Ataa’ ibnu Rabaah said: “Those before you used to hate excessive talk. Aren’t any of you ashamed of his sheet [of what his tongue earned] from the beginning of his day; that most of what is in it doesn’t concern his worldly life neither his hereafter?”

    • The sheet being the record  that which you will receive on Yawma Qiyaamah as in Surah 18/49:

وَوُضِعَ الْكِتَابُ فَتَرَى الْمُجْرِمِينَ مُشْفِقِينَ مِمَّا فِيهِ وَيَقُولُونَ يَا وَيْلَتَنَا مَالِ هَـٰذَا الْكِتَابِ لَا يُغَادِرُ صَغِيرَةً وَلَا كَبِيرَةً إِلَّا أَحْصَاهَا ۚ وَوَجَدُوا مَا عَمِلُوا حَاضِرًا ۗ وَلَا يَظْلِمُ رَبُّكَ أَحَدً

And the Book (one’s Record) will be placed (in the right hand for a believer in the Oneness of Allah, and in the left hand for a disbeliever in the Oneness of Allah), and you will see the Mujrimun (criminals, polytheists, sinners, etc.), fearful of that which is (recorded) therein. They will say: “Woe to us! What sort of Book is this that leaves neither a small thing nor a big thing, but has recorded it with numbers!” And they will find all that they did, placed before them, and your Lord treats no one with injustice.

 Ibn Jawzi (rahimahullah) said: “Excessive talk includes: engaging into what doesn’t concern you; speaking more than what is necessary in what does concern you; and whenever the purpose is served by two words, then the third is excess talk –unless you want to emphasize it, then it is a valid cause.”

Umar ibn Abdil -‘Azeez said: “It sure stops me from much of talk, the fear of pride.”

    • Meaning the fear of being fond of himself and what he would say

Another of the dangers of the tongue is: Engaging in falsehood

Ibn Jawzi (rahimahullah) gave examples to this, he said: “like speaking about sins; like mentioning the drinking hours or encounters of the evil doers.”  (like this man once did this and this and he had an affair with a woman and did this and did that …)

Alqamah used to say: “So much talk, what prevented me from saying it, is the hadeeth of Bilaal”; which is the hadeeth regarding the word which is said by a person without precaution which causes him to be thrown in the Hellfire further than what is between the east and the west.

The Prophet (sallAllahu alayhi wa salam) said: “Of the signs of the last hour is Al-fuhsh (indecency)” – and indecency of the tongue falls under this category.

Continuing with the Text >>>

   وَالْحِفْظُ لِلِّسَانِ عَنْ صَرِيحِ      فُحْشِ وَكُلّ كَلِمٍ قَبِيحِ     

And preserving of the tongue from open obscene language; and from every wretched talk.

  •   الحفظ means: the preserving.
  •  لسان means: tongue.
  •   صريح is something which is said openly and directly or frankly etc.
  • الفحش is obscene or indecent language; such as one describing what he did in the restroom instead of merely saying he was using the restroom.
  •  كلّ means: every.

 

الحمد لله والصلاة والسلام على رسول الله

Transcribed by: Karima Muslimah

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Establishing the Principles: Fiqh & Ettiquettes – Book 1- Class 9

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:

CONTINUING WITH THE DANGERS OF THE TONGUE >>>

The Prophet (sallAllahu alayhi wa salam) said: “When the son of Adam enters day, all of his body parts humble themselves  before the tongue, saying: ‘Fear Allah, for we are only taken in account of what you utter; if you are upright, so will we be; and if you transgress, so will we.’” (Tirmidhi, no. 2407)

And one of the pious predecessors said: “My tongue is a beast; if I let it loose it will eat me.”

Maalik ibn Deenar said: “If you notice a harshness in your heart, and a weakness in your body, and a restriction in provision; then know that you have spoken in that which does not concern you”;  meaning, if you notice that your heart became harsh and free of mercy, and you became weak with regards to acts of worship, and your provision became restricted; then know that this is of the consequences and results of letting your tongue loose in that which doesn’t concern you.

It was narrated in Saheeh Muslim that a man said: “By Allah, Allah will not forgive so and so.” So then Allah said: “Who is this who dares to swear that I won’t forgive so and so; I hereby forgive him, and corrupted your deeds.”   Shaykh Al-Fawzan said commenting on this hadeeth: “This is one word, which has resulted in the corruption of his deeds; because he was daring, and being disrespectful with Allah. That is why Abu Hurayrah (radhiAllahu anhu) said: ‘He said a word which ruined his life, and his Hereafter.’

~~~~~

The most severe of the dangers of the tongue (are):

  • Polytheism;  associating other than Allah with Him in Du’aa by asking that which only Allah can do as Allah said (that which means):

“And whoever invokes (or worships), besides Allah, any other ilah (god), of whom he has no proof, then his reckoning is only with his Lord. Surely! Al-Kafirun (the disbelievers in Allah and in the Oneness of Allah, polytheists, pagans, idolaters, etc.) will not be successful.” (Quran 23: 117)

  • Giving vows to other than Allah as Allah said (that which means):

“They (are those who) fulfill (their) vows, and they fear a Day whose evil will be wide-spreading.” (Quran: 76: 7)

  • Speaking about Allah with no knowledge as Allah said (that which means):

“Say, ‘My Lord has only forbidden immoralities – what is apparent of them and what is concealed – and sin, and oppression without right, and that you associate with Allah that for which He has not sent down authority, and that you say about Allah that which you do not know.”  (Quran 7: 33)

and Ibnul Qayyim said about this verse, after mentioning  Allah  went gradually from the smaller sins to the bigger (sins), (in reference to the servants)  he said: “There is no polytheism except from saying things about Allah with no knowledge.” And Allah said  (that which means):

 “And do not pursue that of which you have no knowledge. Indeed, the hearing, the sight and the heart – about all those [one] will be questioned.” (Quran 17: 36)

  • Permitting that which is impermissible and vice versa as Allah said (that which means):

“And do not say about what your tongues assert of untruth, “This is lawful and this is unlawful,” to invent falsehood about Allah . Indeed, those who invent falsehood about Allah will not succeed.” (Quran 16:116)

 And:

“…Those will have lost who killed their children in foolishness without knowledge and prohibited what Allah had provided for them, inventing untruth about Allah . They have gone astray and were not [rightly] guided.” (Quran 6: 140).

~~~~~

Of the signs of eeman is the increase in mentioning Allah; and of the signs of hypocrisy is the little mentioning of Allah as Allah said (that which means):

“Verily, the hypocrites seek to deceive Allah, but it is He Who deceives them. And when they stand up for As-Salat (the prayer), they stand with laziness and to be seen of men, and they do not remember Allah but little” (Quran 4: 142)

 And:

“… and the men and the women who remember Allah much with their hearts and tongues (while sitting, standing, lying, etc. for more than 300 times extra over the remembrance of Allah during the five compulsory congregational prayers) or praying extra additional Nawafil prayers of night in the last part of night, etc.) Allah has prepared for them forgiveness and a great reward (i.e. Paradise).” (Quran 33: 35)

Therefore, if you want to speak more, then let it be with the invocations, reading of the Quran – and this is the best – , teaching beneficial knowledge, adjusting matters among the people, preaching, enjoining good and forbidding evil; and there are many options.

~~~~~

(And of the dangers of the tongue is) Excessive talk: (it) hardens the heart, because it makes one in heedlessness of Allah’s remembrance; and if so, then his heart will become harsh; and the furthest of hearts away from Allah is the hard one, which doesn’t soften by the mentioning of Allah as Allah said(that which means):

“Has not the time come for the hearts of those who believe (in the Oneness of Allah – Islamic Monotheism) to be affected by Allah’s Reminder (this Quran), and that which has been revealed of the truth, lest they become as those who received the Scripture [the Taurat (Torah) and the Injeel (Gospel)] before (i.e. Jews and Christians), and the term was prolonged for them and so their hearts were hardened? And many of them were Fasiqun (rebellious, disobedient to Allah).” (Quran 57: 16)

So the heart hardens, even though it is a tender piece of flesh; but it hardens, until it becomes hard as a rock, as Allah said (that which means):

“Then, after that, your hearts were hardened and became as stones or even worse in hardness. And indeed, there are stones out of which rivers gush forth, and indeed, there are of them (stones) which split asunder so that water flows from them, and indeed, there are of them (stones) which fall down for fear of Allah. And Allah is not unaware of what you do.” (Quran 2:74)

~END of DARS~

الحمد لله والصلاة والسلام على رسول الله

Transcribed by: Karima Muslimah

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Click the image to view it at 100% and clearly inshaa’Allaah

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