Category Archives: ESTABLISHING THE PRINCIPLES: Usuulul-Fiqh

Establishi​ng the Principles – Principles of Understand​ing – Book 1 – Class 23

بسم الله الرحمن الرحيم

May Allaah reward the sister who provided these notes.  Inshaa’Allaah they will be formatted accordingly.  Baarakallaahu feekum.

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:

Going back to our treatise, belonging to Shaykh as-Sa’dee rahimahullaahu ta’aala, we were explaining what الظاهر is.

USF 23.1

So the author said: and at times, the rulings are taken from what is apparent from the phrase. And the apparent meaning of the phrase, with the possibility of another meaning, this is called الظاهر. This is why he said: وتارة تؤخذ من ظاهرهما – any phrase in Islaam, according to the principles of deriving the rulings from the text from the Qur’aan or he Sunnah, it is not all of one level but there are different levels of indication.

Sometimes the phrase is entirely clear in indicating a single meaning without the possibility of another, so such a phrase which  gives only one meaning without the possibility of another accepted linguistically, this is called النَّص

Sometimes the phrase could withstand more than one meaning, but it is more apparent with one of those meaning and this is what is called الظاهر.

Sometimes the certain phrase could withstand more than one meaning and none of the meanings are known, meaning which meaning is meant is not known, so we have to wait until there is clear proof specifying what is meant. The closet example of this are most of the commandments of the Qur’aan like the order to pray – this order is unknown as it could stand more than one meaning. Then the prophet  came and clarified that the prayer is a group of acts: sayings and doing that begin with takbeer (Allaahu akbar) and end with tasleem (as-salaam). Also, the obligatory charity, because such a phrase az-zakaat, could withstand more than one meaning and more than one description of giving out that obligatory charity so it was left unclarified until the prophet clarified it by the sunnah and so on. This is called al-Mujmal, when a phrase could give more than one meaning but there is no apparent meaning from that phrase, this is called al-Mujmal. The author did not mention the third type, which is al-Mujmal.

Then the author said: ما دل على ذلك على وجه العموم اللفظي أو المعنوي

“Whichever (whatever phrase) indicated that (meaning the meaning referred to here*) from the aspect of the generality taken from the word or the meaning.

* إلا ذلك المعنى

ما means: whatever and it is equal to الذي

Basically, this means that the generality is taken from two types, sometimes the word is upon a certain form which gives the power of generality like جاء الطلاب (the students came) – here the ال when pre-fixed to a type: a certain description fitting a certain race or type, it generalises. So here, where did we take the generality from, the word or the meaning? The word. Meaning that the generality was benefitted from the wording and sometimes the generality is taken from the meaning. For example, the word giving more than one meaning, as we have clarified before.

Then we gave different examples to that:

Student says: Haadha khalqullaah

This is an example of mu’awwal, we want an example from الظاهر. إِذَا دُعِيَ أَحَدُكُمْ فَلْيُجِبْ ،

Student says:  فَإِنْ كَانَ صَائِمًا فَلْيُصَلِّ ، وَإِنْ كَانَ مُفْطِرًا فَلْيُطْعِمْ

This is an example of mu’awwal as well.

An example for الظاهر:

The prophet salallaahu ‘alayhi wasalam was asked about doing وضوء from eating camels meat. This is narrated in Aboo Daawood, hadeeth 184, where the prophet salallaahu ‘alayhi wasalam said: تَوَضَأوا منها

تَوَضَأوا منها means: make وضوء from it.

The word تَوَضَأوا منها has an Islaamic meaning, which specified the linguistic meaning and then there is a linguistic meaning that it has. But we have a principle that says a word is given its Islaamic meaning before it is given its linguistic meaning. This is every word and phrase, which is found in the Qur’aanic text or the text of the Sunnah, it is given the Islaamic meaning, just as long as it has one. If it does not, then we go to the linguistic meaning. Al-وضوء has a linguistic meaning, which is cleanliness. And the Islamic meaning to وضوء is what you know.

So تَوَضَأوا منها could give more than one meaning:

1)      Cleanliness

So the prophet salallaahu ‘alayhi wasalam is telling us to wash ourselves from the camel meat, like to wash our hands and face

2)      The washing ritual before prayer.

The apparent meaning of وضوء, which is the Islaamic meaning and it is washing the body parts in a specific way.

Now if the word has its own Islaamic meaning over the linguistic meaning it has, which closest meaning we have to give it? The Islamic meaning and this is agreed upon.

For example, when the prophet salallaahu ‘alayhi wasalam Islaam: بنية الإسلام على الخامس (Islaam was based upon five), which is the five pillars of Islaam.

Then he mentioned إقامة السلام  – when you mention this word الصلاة, what is the first meaning that comes to mind? Do you understand the linguistic meaning or the Islaamic meaning? Islaamic meaning. Because the linguistic meaning is ad-du’aa (invocation) and the Islaamic meaning is the certain act of worship that we do, the prayer. So the principle to this is, as long as the phrase or the term has its own Islaamic meaning, we give it that meaning and if it does not, we go to the linguistic meaning.

So تَوَضَأوا منها , what does this mean now, according to what we have learnt? Does it mean to do وضوء or clean yourself with it? It means to do وضوء. So the الظاهر of this hadeeth (the parent meaning of this hadeeth) is that the prophet Muhammad is commanding us to do وضوء from Camel’s meat and the furthest meaning is to clean yourself from eating camels meat, but this is not meant. Because phrases in Islaamic resources (Qur’aan and Sunnah) are given the Islaamic meanings, just as long as they have one. This is an example to what is called الظاهر – of the types of الظاهر is العموم, generality. So here generality is a type of الظاهر to most scholars. (See whiteboard*)

Generality, is one of the types of الظاهر, because the general term like المشركات (meaning the polytheist women). The al of المشركات  is in the power of كل, which means all or every.

Let me give you a tip on how to figure it out, any al that can substitute كل with, is the al of generality. Instead of المشركات, if you say كل المشركات , if it gives the same meaning then this is the al of generality.

How is generality considered to be of the types of الظاهر? I will give you an example, what could المشركات means all of them, with the possibility of this generality having exceptions.

If we come across a general term and we were to give it one of two meanings:

Either we give this terms it general meaning –including all the individual things that fall under that term. Eg, with المشركات, all types of polytheists such as the Christians, the Hindu’s, the Jews – all of them without exceptions. All of them mean all of them – every single type of polytheist, without excluding anyone.

The other meaning, which is the furthest meaning, which is it indicating some types of المشركات and excluding others. What is the apparent meaning taken from المشركات? All. If one wants to specific and say this is considered an exception, he cannot do so without a clear proof. Because how many people claim they have a proof but when you ponder on it you see that it is not a proof but a doubt and misconception. This proof has to be from the Qur’aan, Sunnah or ijmaa’. Now we have a verse from the Qur’aan that excludes a certain group of polytheists from this ruling. Which ruling? The ruling we referred to in Surah al-Baqarah: وَلَا تَنكِحُواْ ٱلۡمُشۡرِكَـٰتِ  women. So where is the verse that excludes that? Surah al-Maa’idah, verse 5 because it clearly states that it is permissible or lawful to marry the chaste women of the people of the scripture so this excludes وَلَا تَنكِحُواْ ٱلۡمُشۡرِكَـٰتِ, this verse about the chaste women from the people of the scripture excludes from the verse that is general وَلَا تَنكِحُواْ ٱلۡمُشۡرِكَـٰتِ.

So this is what is meant by the generality taken from the wording and the generality taken from the meaning.

المشركات is the generality taken from the wording and تَوَضَأوا منها is the generality taken from the meaning.

Now there is another types of generality taken from the meanng whichis called al-qiyaas and we will come to that later as the author will speak about that later.

What is the link between الظاهر and generality?

What is the definition of الظاهر? Is it not the word or phrase that gives an apparent meaning with a possibility of a further one? Yes

Likewise المشركات, is a general phrase that gives an apparent meaning; all polytheist women and with a possibility of a further meaning: an exception.

What is the ruling of الظاهر? What is our position of الظاهر as Muslims? We must act upon it and it is impermissible for us to choose the overweighed meaning over the overweighing meaning, without proof.

Here the scholars said that this is where most of the people of deviation deviated. So if you understand this topic of الظاهر and مُؤَوَّل, this is a great door of understanding this issue. Because her you will understand where the deviants went wrong because most deviants chose the overweighed meaning over the overweighing meaning.

Now let us go to another line.

The author says: وتارة تؤخذ من المنطوق

At times the ruling is taken from المطوق and on the other side there is something called المفهوم .

The prophet salallaahu ‘alayhi wasalam said: من يريد الله به خير يفقه في الدين – whoever Allaah wants good for, he gives him understanding of the religion.

Most of you, if not all, know this hadeeth and these are the very words of the hadeeth. What did you understand from the words of the hadeeth? What the hadeeth says?

We understood that if Allaah wanted good for someone, he will make him understand the religion.

This ruling, which is that someone understanding the religion is considered Allaah wanting good for him, this meaning we have taken, where have we taken it from? From the text itself.

There is another meaning which is not taken from the text but from what the text proves. So this meaning you have understood from the very words of the text. There is another meaning e understand in opposition the meaning that we have taken from the text, which is what? Which is if Allah did not want good for His slave, He will not make him understand the religion. (see whiteboard) did we not understand that from the hadeeth as well? Yes we did. But is this latter meaning understood from the very words of the hadeeth? No

The meaning taken from the very meaning of the words is called منطوق and the meaning taken from other than the words of the hadeeth, is called مفهوم .

UF 23.2

منطوق linguistically means spoken and مفهوم  linguistically means understood and this is the literal and linguistic meanings of these words.

The technical meaning of منطوق is: ما دل على الحكم في محل النطق

“Whatever pointed out to the ruling in the place of the text.”

So from the very words of the text, like the aforementioned hadeeth.

Now you can understand another meaning which is in opposition  which is: if Allah did not want good for His slave, He will not make him understand the religion

So what is taken from the very words of the text is called منطوق and whatever meaning is taken from elsewhere is مفهوم .

In the future classes you will take the types of مفهوم , how to understand it, which has a مفهوم , what does and does not have a مفهوم .

As an example, the hadeeth is a condition: that if Allah wants good, this will happen and if he does not want good, this will not happen. So this is based upon this – so understanding the religion is based upon Allaah wanting good for a person. So this conditioning type of text is one that has understanding in opposition to it.

Now this which we have understood: is the منطوق (enter text) and مفهوم (enter text) of the hadeeth equal to one another? No it is not as it is in opposition to it.

From the very words of the hadeeth we proved that  the slave understanding the religion is Allaah wanting good for him and in opposition to this is that if Allaah wants bad for oyu, He will not make you understand the religion. These two are not equal but rather opposite.

This example of the hadeeth is the type of where the منطوق is opposite to the مفهوم .

Let me give you another example of what is considered منطوق and مفهوم  and where the مفهوم  is worse than the منطوق.

Allaah says in Surah al-Israa (17), verse 23:

۞ وَقَضَىٰ رَبُّكَ أَلَّا تَعۡبُدُوٓاْ إِلَّآ إِيَّاهُ وَبِٱلۡوَٲلِدَيۡنِ إِحۡسَـٰنًا‌ۚ إِمَّا يَبۡلُغَنَّ عِندَكَ ٱلۡڪِبَرَ أَحَدُهُمَآ أَوۡ كِلَاهُمَا فَلَا تَقُل لَّهُمَآ أُفٍّ۬ وَلَا تَنۡہَرۡهُمَا وَقُل لَّهُمَا قَوۡلاً۬ ڪَرِيمً۬ا (٢٣)

And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents. If one of them or both of them attain old age in your life, say not to them a word of disrespect, nor shout at them but address them in terms of honour. (23)

Do not say to them: “Uff”.

Now give me the منطوق of this verse.

The منطوق of this verse is that is is impermissible to say “Uff” to your parents.

“It is impermissible to shout at your parents” – is this taken from the very words of the verse? No. so what is it called then? مفهوم

Is the مفهوم  and منطوق opposite? No, the later is worse as shouting is worse as “uff “ expresses discomfort.

So here we have a مفهوم  that is higher and worse/severer than منطوق.

UF 23.3

Let me give you a third example:

Allaah says in Surah an-Nisaa (4), verse 10:

إِنَّ ٱلَّذِينَ يَأۡڪُلُونَ أَمۡوَٲلَ ٱلۡيَتَـٰمَىٰ ظُلۡمًا إِنَّمَا يَأۡڪُلُونَ فِى بُطُونِهِمۡ نَارً۬ا‌ۖ وَسَيَصۡلَوۡنَ سَعِيرً۬ا (١٠)

Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire! (10)

What is the ruling taken from the very words of this verse? That is it not permissible to eat up the property of orphans. This is taken from the very words of the verse.

Let me give you another meaning and you can decide what position it takes; is it opposite, worse, lesser etc.

Other meaning: it is not permissible to ruin the property of orphans.

The meanings are equal as whether you burn, ruin, drown, use it up or destroy it in any way – it is the same as you are eating up the property of the orphans. All of it makes it unusable by the orphans.

Each meaning – when it is opposite to what is understood in the text, worse or equal, all are considered مفهوم  and each one has a specific technical term.

UF 23.4

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UF 23.1

 

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Establishi​ng the Principles – Principles of Understand​ing – Book 1 – Class 19

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:

DETAILED NOTES >>>

UF 19.1

 

27 – And as for the sunnah: then it is the sayings of the prophet sallahu a’layhi wassalam and his doings and his aprovals of sayings and doings.

 

As-sunnah

The word Sunnah has many meanings depending on who uses it.

As-sunnah has a linguistic meaning and a technicle meanings.

–          The meaning of sunnah linguistically is ‘the way’ whether this way is good or bad.

Example- (48:23):

سُنَّةَ اللَّـهِ الَّتِي قَدْ خَلَتْ مِن قَبْلُ وَلَن تَجِدَ لِسُنَّةِ اللَّـهِ تَبْدِيلًا

That has been the Way of Allah already with those who passed away before. And you will not find any change in the Way of Allah.

–          The meaning of this word technically are 3:

  1. That which isnt obligatory, meaning that which is preffered (masnoon- a thing which is made a sunnah).
  • This is what most people know what sunnah is to be but this is a meaning that was originated after the death of the prophet by the schlars to clarify what one should do and shouldn’t.
  • This was chosen by the scholars of jurisprudence.
  • They devoloped this name and gave it t that which is not obligatory ecause they wanted to make clear to people the things which are ordered which if you leave you get punished and also there are things if you leave you wont get punished.

EXAMPLE ONE

A scholar would come to another and they would discuss a certain issue, “did the prophet sallahu a’layhi wassalam do it or not”, so one of the scholars would say, “ I have a sunnah in that.”

So what does he mean here? This means that I have a hadeeth proving that this way is the way of the prophet sallahu a’layhi wassalam.

So what did he mean by the word Sunnah? He meant the hadeeth whih prooves that this issue which they are discussing is the way of the prophet sallahu a’layhi wassalam.

So here he used the term sunnah for other than the meaning of what is preffered.

EXAMPLE TWO

The scholars said “growing the beard is a sunnah”

Now when they say growing the beared is a sunnah a lot of people today understood that this means that growing the beard is preffered and not obligatory, because the first meaning that came across there mind is the meaning of the term used by this field of knowledge which means that which isnt obligatory rather preffered.

So when the scholars said “ growing the beard is a sunnah” they didn’t mean that it wasn’t preferred because there is a unanimous agreement of the scholars  that growing the beard is waajib but they have only differed in the extent of growing the beard.

Therefore this is not what the schlars meant rather they meant that this is of the way of the prophet sallahu a’layhi wassalam. It is of the general way of the prphet sallahu a’layhi wassalam.

  1. What opposes al bidah (innovation)
  • This is used by the schlars of creed.
  • So in this case sunnah means that which is proven by the quran or the hadeeth of the prophet sallahu a’layhi wassalam  or the way of the companions.
  • They mean sunnah here as to the things which the people of guidance were known by (i.e. what opposes Al Bidah).
  1. Whatever is apart from the Quran of the revelation
  • Meaning the sayings of theprophet sallahu a’layhi wassalam or the actions of the prophet or his aproval.
  • And this is what is meant here.

The term As-Sunnah used by the schlars of the books of creed is different when used by the scholars of fiqh and the sunnah used by the scholars of fiqh is different when used by the scholars of usool ul fiqh. So there are different meanings according to the difernt fields of knowledge.

When the scholars of creed use the word sunnah they mean:

  1.  Specific things that the deviants went against.
  2. Things which are considered foundations which sme groups and sects were known to go against.

EXAMPLE THREE

Let’s say you are a group of students and you took a word and used it as a code and whenevr you say that word there is something speciic that you mean. Now this word in your usege does it have a technicle meaning? Yes, because you have specified it to a certain meaning. But does it mean that it doesn’t have an original meaning? No.

So the word sunnah is just like this. It originally has one meaning then many groups took this word and fashioned it to a certain meaing they want.

The scholars of hadeeth used the word sunnah to mean the whole biography of the peophet sallahu a’layhi wassalam. So anything about the prophet sallahu a’layhi wassalm is called a sunah by ahlul hadeeth.

The scholars of fiqh use the word sunnah for a particular meaning they need.

The scholars of Usool Ul Fiqh use the word sunnah for a certain meaning….

Explanation of the authors saying : 27 – And as for the sunnah: then it is the sayings of the prophet sallahu a’layhi wassalam and his doings and his aprovals of sayings and doings.

 

The sayings of the Prophet sallahu a’layhi wassalam

حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ صَفْوَانَ بْنِ سُلَيْمٍ، عَنْ سَعِيدِ بْنِ سَلَمَةَ، – مِنْ آلِ بَنِي الأَزْرَقِ – عَنِ الْمُغِيرَةِ بْنِ أَبِي بُرْدَةَ، – وَهُوَ مِنْ بَنِي عَبْدِ الدَّارِ – أَنَّهُ سَمِعَ أَبَا هُرَيْرَةَ، يَقُولُ جَاءَ رَجُلٌ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ يَا رَسُولَ اللَّهِ إِنَّا نَرْكَبُ الْبَحْرَ وَنَحْمِلُ مَعَنَا الْقَلِيلَ مِنَ الْمَاءِ فَإِنْ تَوَضَّأْنَا بِهِ عَطِشْنَا أَفَنَتَوَضَّأُ بِهِ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏ “‏ هُوَ الطَّهُورُ مَاؤُهُ الْحِلُّ مَيْتَتُهُ ‏”‏ ‏.‏

Yahya related to me from Malik from Safwan ibn Sulaym from Said ibn Salama of the Bani Azraq from al-Mughira ibn Abi Burda of the tribe of Bani Abd ad-Dar that he had heard Abu Hurayra speak about a man who came to the Messenger of Allah, may Allah bless him and grant him peace, and said, “Messenger of Allah! We travel by sea and we do not carry much fresh water with us so if we do wudu with it we go thirsty. Can we do wudu with seawater?” The Messenger of Allah, may Allah bless him and grant him peace, replied, “lts water is pure, and its dead creatures are halal.” (Malik’s muwatta – book of purity, hadeeth no.2.3.12)

 

The doings of the Prophet sallahu a’layhi wassalam

(The slave of ‘Uthman) I saw ‘Uthman bin ‘Affan asking for a tumbler of water (and when it was brought) he poured water over his hands and washed them thrice and then put his right hand in the water container and rinsed his mouth, washed his nose by putting water in it and then blowing it out. Then he washed his face and forearms up to the elbows thrice, passed his wet hands over his head and washed his feet up to the ankles thrice. Then he said, “Allah’s Apostle   said ‘If anyone Performs ablution like that of mine and offers a two-rak’at prayer during which he does not think of anything else (not related to the present prayer) then his past sins will be forgiven.’ ” After performing the ablution ‘Uthman said, “I am going to tell you a Hadith which I would not have told you, had I not been compelled by a certain Holy Verse (the sub narrator ‘Urwa said: This verse is: ‘Verily, those who conceal the clear signs and the guidance which we have sent down…)’ (2:159). I heard the Prophet  saying, ‘If a man performs ablution perfectly and then offers the compulsory congregational prayer, Allah will forgive his sins committed between that (prayer) and the (next) prayer till he offers it.’ (Hadith no. Al-Bukhari 1:161)

The aprovals of sayings and doings by the Prophet sallahu a’layhi wassalam

Narrated Rifa’a bin Rafi Az Zuraqi: One day we were praying behind the Prophet. When he raised his head from bowing, he said, “Sami’a-l-lahu Liman hamida.” A man behind him said, “Rabbana walaka-l hamd hamdan Kathiran taiyiban mubarakan fihi” (O our Lord! All the praises are for You, many good and blessed praises). When the Prophet completed the prayer, he asked, “Who has said these words?” The man replied, “I.” The Prophet said, “I saw over thirty angels competing to write it first.” (Al-Bukhari 799)

الحمد لله والصلاة والسلام على رسول الله

~~ end of dars ~~

Notes transcribe by : zaiba binth shuraiz jawward hashim.

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UF 19.2

Establishi​ng the Principles – Principles of Understand​ing – Book 1 – Class 18

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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The author said:

UF 18.1

20 – And most of the important rulings: have all “four sources of evidences” gathered in proving them.

21 – To it points the texts of the Quran and the Sunnah (whatever is recorded of the doings of the Prophet -Sallallaahu`alayhi wasallam, or his sayings or his approvals).

22 – And the scholars agree upon them (those important rulings).

23 – And to it points out also the correct analogy.

24 – Because of what it includes of benefits and advantages if it was something ordered or because of what it includes of harmful consequences if it was something forbidden.

25 – And only a little rulings: the scholars differ in, and the closest of scholars to the truth to those issues to which the scholars differed, is he who properly took it back to those “four sources”.

UF 18.3

A Chapter Regarding The Quran And The Sunnah

26 – As the for the book

–          It is this great Quran, the words of the Lord of the Worlds.

–          Which the trustworthy Ruh (Gabriel) has brought down, upon the heart of Muhammed (sallahu a’layhi wassalam).

–          That he may be (one) of the warners), in the plain Arabic language, for all people, this Quran covers the ruling for everything.

–          This Quran is what is read by the tongues, and what is written in the books, and the one kept preserved in the chests.

–          “Falsehood cannot come to it from before it or behind it (it is) sent down by the All-Wise, Worthy of all praise (Allah).(41:42)”

Explanation of the authors sayings:

The Shaykh means that most of the important rulings have all four sources of evidence proving them –  he didnt talk about if it is enought to have one of them proving a certain ruling but he is making the point that most of the important rulings have all four evidences proving them together.  For example the rulings on As – salaah, Az-zakaah, Good treatment to parents, they have all four rulings proving them …  good treatment to parents was proven by Qur’aan and Sunnah and Ijmaa and Qiyaas.  Notice the Shaykh did not say “MUST” have all four evidences proving them.  Which brings us to another issue:

Is it permissible to use Qiyaas when the Quran and Sunnah already prove a ruling?

The scholars said that yes it is permissible from the aspect of increasing the number of proofs proving this ruling.  Basically what we need to prove a certain ruling is Al-Qur’aan and As-Sunah.   We cannot prove a ruling depending on just the Qur’aan because we have to (in order to prove a ruling correctly), to understand this order that has been mentioned in the Quran as it should be understood because the Sunnah is the clarification of this Quran.  In order to understand correctly and derive the Rulings properly, we have to take from the Quran by the guidance of the Sunnah –  (and Al Ijmaa` also)  If an issue is proven by Quran and Sunnah and Al Ijmaa’ also, then it is permissible to mention how Qiyaas proves it.

Explanation of the Authors saying: Because of what it includes of benefits and advantages if it was something ordered or because of what it includes of harmful consequences if it was something forbidden.

This statement leads us to what was mentioned previously. As the author mentioned the whole Islamic Shari’ah is based upon gaining and obtaining our advantages and warding off the disadvantages.

Allah said (17:7) –

إِنْ أَحْسَنتُمْ أَحْسَنتُمْ لِأَنفُسِكُمْ ۖ وَإِنْ أَسَأْتُمْ فَلَهَا ۚ فَإِذَا جَاءَ وَعْدُ الْآخِرَةِ لِيَسُوءُوا وُجُوهَكُمْ وَلِيَدْخُلُوا الْمَسْجِدَ كَمَا دَخَلُوهُ أَوَّلَ مَرَّةٍ وَلِيُتَبِّرُوا مَا عَلَوْا تَتْبِيرًا

(And We said): “If you do good, you do good for your ownselves, and if you do evil (you do it) against yourselves.” Then, when the second promise came to pass, (We permitted your enemies) to make your faces sorrowful and to enter the mosque (of Jerusalem) as they had entered it before, and to destroy with utter destruction all that fell in their hands.

–          So Allah did not create us to benefit from us.

Allah said (51:56-58) –

وَمَا خَلَقْتُ الْجِنَّ وَالْإِنسَ إِلَّا لِيَعْبُدُونِ

مَا أُرِيدُ مِنْهُم مِّن رِّزْقٍ وَمَا أُرِيدُ أَن يُطْعِمُونِ

إِنَّ اللَّـهَ هُوَ الرَّزَّاقُ ذُو الْقُوَّةِ الْمَتِينُ

And I (Allah) created not the jinns and humans except they should worship Me (Alone).

I seek not any provision from them (i.e. provision for themselves or for My creatures) nor do I ask that they should feed Me (i.e. feed themselves or My creatures).

Verily, Allah is the All-Provider, Owner of Power, the Most Strong.

Allah said (14:8) –

وَقَالَ مُوسَىٰ إِن تَكْفُرُوا أَنتُمْ وَمَن فِي الْأَرْضِ جَمِيعًا فَإِنَّ اللَّـهَ لَغَنِيٌّ حَمِيدٌ

And Musa (Moses) said: “If you disbelieve, you and all on earth together, then verily! Allah is Rich (Free of all wants), Owner of all Praise.”

Therefore Islaam is based on benefitting the slave and everything which is in his advantage.

 

Explanation of the Authors saying:  And only a little rulings: the scholars differ in, and the closest of scholars to the truth to those issues to which the scholars differed, is he who properly took it back to those “four sources”.

The scholar brings our attention to something very important:

He said “yes” there are many ruling that bring about a matter of dispute but this dispute is quickly resolved.

How? Because most of the rulings which most of the scholars differ in, the answer lies in the Quran and the Sunnah but it is as only who is more knowledgeable to reach to the truth.  So the deeper the scholar is in the Quran and the Sunnah the quicker he will reach to the truth and what is correct in those rulings that are deferred in.

That’s why Ash – Shafi’ee (Rahimahullah) said:

“It is rare to find something they (scholars) have differed in except we would find present with us proof from the book of Allah or the Sunnah of the prophet or the Qiyaas which is based on them or one of them.”

So the scholars differ only in little matters when compared to what they agree upon, if you go back to their (scholars) Fataawa you would find as if it’s a number of bodies with one mind / heart / soul.

This magnifies the importance of Ilm- ul-Usool. Three quarters of the Usool is based upon the Arabic language meaning that most of the principles which we would come across are (Insha’Allah) principles taken from the Arabic language. This is why the one who is well-versed in Arabic he will find the ruling and know what is the truth in most of what the scholars differed in and the one who doesn’t know Arabic you will see him not walking straight, banging from wall to wall and at some cases you will find him saying weird things the scholars haven’t said.

A condition to extract the rulings from the Quran and Sunnah is knowing al Usool and this is agreed upon.

Therefore there is much differing because there is less scholars and there are less people of knowledgeable of the principles.

Sheikh Saleh al Fowzaan (hafidahuAllah) when giving a lecture about (The Scholars And Their Merit) cried because of what we are experiencing now and living in of the few number of the firmly grounded scholars and so many people speaking without knowledge.

And if An-Nawawi said in his time (700 years ago):

 

اعلم أن هذا الباب أعني باب الأمر بالمعروف والنهي عن المنكر قد ضيع أكثره من أزمان متطاولة ، ولم يبق منه في هذه الأزمان إلا رسوم قليلة جدا

“Know: that enjoining good and forbidding evil was neglected for many ages now and it is not left of it (in those days) except a little.”

So what about now?

One of the pious predecessors was sitting with Rabi’ah and they were discussing together matters of knowledge. So they were discussing and issue and they and they agreed upon a certain ruling, regarding it. Then one of the people who were sitting down said: “people are not acting upon this nowadays.” (He was objecting by saying that people aren’t acting by this). So he said to him: “do you reckon that the ignorant people spread and increase in number until they have the authority? Are they going to be evidence against the Sunnah?” (This means, are we going to use them to bombard the Sunnah just because they aren’t acting upon it?). {This is during the first ages after the prophet (sallahu a’layhi wassalam)}.

Imam Ash-Shawkaani (rahimahullahuta’la) (one of the great scholars who died about 300 years ago) said in the introduction of his book when he mentioned the methodology he was going to follow in his book in choosing a ruling over the other: “this book follows the evidence even if it went against the majority.”

The Prophet said:

بَدَأَ الإِسْلامُ غَرِيبًا ، وَسَيَعُودُ كَمَا بَدَأَ غَرِيبًا ، فَطُوبَى لِلْغُرَبَاءِ

Abu Huraira reported: The Messenger of Allah, peace and blessings be upon him, said, “Islam began as a stranger and it will return to being a stranger, so blessed are the strangers.”  [Sahih Muslim, Book 1, Number 270]

So if you are upon the truth be firm upon it no matter what people say, follow the truth.

The proof for (and the closest of scholars to the truth to those issues to which the scholars differed, is he who properly took it back to those “four sources”.):

Allah said in (4:59):

يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ ۖ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّـهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّـهِ وَالْيَوْمِ الْآخِرِ ۚ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا

O you who believe! Obey Allah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and in the Last Day. That is better and more suitable for final determination.

Allah said in (4:60-65):

أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُوا بِمَا أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُوا إِلَى الطَّاغُوتِ وَقَدْ أُمِرُوا أَن يَكْفُرُوا بِهِ وَيُرِيدُ الشَّيْطَانُ أَن يُضِلَّهُمْ ضَلَالًا بَعِيدًا

وَإِذَا قِيلَ لَهُمْ تَعَالَوْا إِلَىٰ مَا أَنزَلَ اللَّـهُ وَإِلَى الرَّسُولِ رَأَيْتَ الْمُنَافِقِينَ يَصُدُّونَ عَنكَ صُدُودًا

فَكَيْفَ إِذَا أَصَابَتْهُم مُّصِيبَةٌ بِمَا قَدَّمَتْ أَيْدِيهِمْ ثُمَّ جَاءُوكَ يَحْلِفُونَ بِاللَّـهِ إِنْ أَرَدْنَا إِلَّا إِحْسَانًا وَتَوْفِيقًا

أُولَـٰئِكَ الَّذِينَ يَعْلَمُ اللَّـهُ مَا فِي قُلُوبِهِمْ فَأَعْرِضْ عَنْهُمْ وَعِظْهُمْ وَقُل لَّهُمْ فِي أَنفُسِهِمْ قَوْلًا بَلِيغًا

وَمَا أَرْسَلْنَا مِن رَّسُولٍ إِلَّا لِيُطَاعَ بِإِذْنِ اللَّـهِ ۚ وَلَوْ أَنَّهُمْ إِذ ظَّلَمُوا أَنفُسَهُمْ جَاءُوكَ فَاسْتَغْفَرُوا اللَّـهَ وَاسْتَغْفَرَ لَهُمُ الرَّسُولُ لَوَجَدُوا اللَّـهَ تَوَّابًا رَّحِيمًا

فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنفُسِهِمْ حَرَجًا مِّمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا

Have you seen those (hyprocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taghut (false judges, etc.) while they have been ordered to reject them. But Shaitan (Satan) wishes to lead them far astray.

And when it is said to them: “Come to what Allah has sent down and to the Messenger (Muhammad SAW),” you (Muhammad) see the hypocrites turn away from you (Muhammad) with aversion.

How then, when a catastrophe befalls them because of what their hands have sent forth, they come to you swearing by Allah, “We meant no more than goodwill and conciliation!”

They (hypocrites) are those of whom Allah knows what is in their hearts; so turn aside from them (do not punish them) but admonish them, and speak to them an effective word (i.e. to believe in Allah, worship Him, obey Him, and be afraid of Him) to reach their innerselves.

We sent no Messenger, but to be obeyed by Allah’s Leave. If they (hypocrites), when they had been unjust to themselves, had come to you (Muhammad) and begged Allah’s Forgiveness, and the Messenger had begged forgiveness for them: indeed, they would have found Allah All-Forgiving (One Who accepts repentance), Most Merciful.

But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.

~~~~~

Explanation of the Authors saying:

26 – As the for the book

–          It is this great Quran, the words of the Lord of the Worlds.

–          Which the trustworthy Ruh (Gabriel) has brought down, upon the heart of Muhammed (sallahu a’layhi wassalam).

–          That he may be (one) of the warners), in the plain Arabic language, for all people, this Quran covers the ruling for everything.

–          This Quran is what is read by the tongues, and what is written in the books, and the one kept preserved in the chests.

–          “Falsehood cannot come to it from before it or behind it (it is) sent down by the All-Wise, Worthy of all praise (Allah).(41:42)”

 

  • The author took this from (26:192-195):

وَإِنَّهُ لَتَنزِيلُ رَبِّ الْعَالَمِينَ نَزَلَ بِهِ الرُّوحُ الْأَمِينُ  عَلَىٰ قَلْبِكَ لِتَكُونَ مِنَ الْمُنذِرِينَ بِلِسَانٍ عَرَبِيٍّ مُّبِينٍ

And truly, this (the Quran) is a revelation from the Lord of the ‘Alamin (mankind, jinns and all that exists), Which the trustworthy Ruh [Jibrael (Gabriel)] has brought down; Upon your heart (O Muhammad) that you may be (one) of the warners,)In the plain Arabic language.

  • The Author also took the rest of the verses from (34:28):

وَمَا أَرْسَلْنَاكَ إِلَّا كَافَّةً لِّلنَّاسِ بَشِيرًا وَنَذِيرًا وَلَـٰكِنَّ أَكْثَرَ النَّاسِ لَا يَعْلَمُونَ

And We have not sent you (O Muhammad) except as a giver of glad tidings and

a warner to all mankind, but most of men know not.

  • Allah said in (42:10):

وَمَا اخْتَلَفْتُمْ فِيهِ مِن شَيْءٍ فَحُكْمُهُ إِلَى اللَّـهِ ۚ ذَٰلِكُمُ اللَّـهُ رَبِّي عَلَيْهِ تَوَكَّلْتُ وَإِلَيْهِ أُنِيبُ

And in whatsoever you differ, the decision thereof is with Allah (He is the ruling Judge). (And say O Muhammad to these polytheists:) Such is Allah, my Lord in Whom I put my trust, and to Him I turn in all of my affairs and in repentance.

Explanation of the authors saying: “this Quran covers the ruling for everything.”

The Quran covers everything whether:

  1. It be rulings of Aqeedah or creed.
  2. It be rulings concerned with manners, morality, acts of the heart and improving yourself and being a better Muslim.
  3. It includes practical rulings (i.e. the rulings that have to do with practice/action of the limbs.)

The practical rulings include two things:

  1. Rulings to rituals (al-I’baadaath).
  2. Rulings of financial dealings and dealings between people. (i.e. trade)

Explanation of the Authors saying: This Quran is what is read by the tongues, and what is written in the books, and the one kept preserved in the chests.

The author is trying to tell that whoever read it and however it is read it is called the Quran and just because is it written on paper that doesn’t mean it isn’t the word of Allah.

When he says its kept preserved in the chest he means that it is memorized.

So the author means here that whether it is read, written and memorized it is all called the Quran (word of Allah).

 

~~~ End of Dars ~~~

الحمد لله والصلاة والسلام على رسول الله  ~~~  ~~~

Notes transcribed by: zaiba binth shuraiz jawward hashim

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UF 18.2

Establishi​ng the Principles – Principles of Understand​ing – Book 1 – Class 17

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:

NEW MATERIAL >>>

UF 17

Chapter:  The evidences from which jurisprudence is derived/sought are four (4): 

17 – The Book, and the Sunnah.

And they (the Quran and Sunnah) are the foundation by which the sane adults were addressed, (with the commandments) and their religion is based on. 

18 – The unanimous agreement of the scholars and the correct mental analogy.

And both of them (Ijmaa` and the qiyaas) depend on the Book and the way of the Prophet (sallahu a’layhi wassalam)

19 – So “Jurisprudence” – from its beginning to its end – does not come out of those four sources of evidence.

20 – And most of the important rulings, all of the “four sources,”  gather in proving them.

21 – The text of the Quran and Sunnah indicate it.

22 – And the scholars agree upon it.

23 – And the correct Analogy also indicates it.

24 – Because of what benefit and advantages it holds if it was ordered, and of harm if it was forbidden.

EXPLANATION OF THE AUTHORS SAYINGS >>>

Ustaad told us that this chapter which the author is speaking about is a very important and significant chapter because it targets and clarifies to us the source from which we take our religion and when a person knows the sources of his religion he won’t take another source of evidence other than the sources which Allah guided to.  The four sources of evidences are:

1.   Al-Kitaab – The Book (The Quran)

Allah said in (6:155) –

وَهَـٰذَا كِتَابٌ أَنزَلْنَاهُ مُبَارَكٌ فَاتَّبِعُوهُ وَاتَّقُوا لَعَلَّكُمْ تُرْحَمُونَ

And this is a blessed Book (the Quran) which We have sent down, so follow it and fear Allah (i.e. do not disobey His Orders), that you may receive mercy (i.e. saved from the torment of Hell).

Allah said in (7:3) –

اتَّبِعُوا مَا أُنزِلَ إِلَيْكُم مِّن رَّبِّكُمْ وَلَا تَتَّبِعُوا مِن دُونِهِ أَوْلِيَاءَ ۗ قَلِيلًا مَّا تَذَكَّرُونَ

[Say (O Muhammad) to these idolaters (pagan Arabs) of your folk:] Follow what has been sent down unto you from your Lord (the Quran and Prophet Muhammad’s Sunnah), and follow not any Auliya’ (protectors and helpers, etc. who order you to associate partners in worship with Allah), besides Him (Allah). Little do you remember!

Allah said in (5:48-50) –

وَأَنزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ مُصَدِّقًا لِّمَا بَيْنَ يَدَيْهِ مِنَ الْكِتَابِ وَمُهَيْمِنًا عَلَيْهِ ۖ فَاحْكُم بَيْنَهُم بِمَا أَنزَلَ اللَّـهُ ۖ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ عَمَّا جَاءَكَ مِنَ الْحَقِّ ۚ لِكُلٍّ جَعَلْنَا مِنكُمْ شِرْعَةً وَمِنْهَاجًا ۚ وَلَوْ شَاءَ اللَّـهُ لَجَعَلَكُمْ أُمَّةً وَاحِدَةً وَلَـٰكِن لِّيَبْلُوَكُمْ فِي مَا آتَاكُمْ ۖ فَاسْتَبِقُوا الْخَيْرَاتِ ۚ إِلَى اللَّـهِ مَرْجِعُكُمْ جَمِيعًا فَيُنَبِّئُكُم بِمَا كُنتُمْ فِيهِ تَخْتَلِفُونَ

And We have sent down to you (O Muhammad) the Book (this Quran) in truth, confirming the Scripture that came before it and Mohayminan (trustworthy in highness and a witness) over it (old Scriptures). So judge between them by what Allah has revealed, and follow not their vain desires, diverging a away from the truth that has come to you. To each among you, We have prescribed a law and a clear way. If Allah willed, He would have made you one nation, but that (He) may test you in what He has given you; so strive as in a race in good deeds. The return of you (all) is to Allah; then He  will inform you about that in which you used to differ.

وَأَنِ احْكُم بَيْنَهُم بِمَا أَنزَلَ اللَّـهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ

اللَّـهُ إِلَيْكَ ۖ فَإِن تَوَلَّوْا فَاعْلَمْ أَنَّمَا يُرِيدُ اللَّـهُ أَن يُصِيبَهُم بِبَعْضِ ذُنُوبِهِمْ وَإِنَّ كَثِيرًا مِّنَ النَّاسِ لَفَاسِقُونَ

And so judge (you O Muhammad) between them by what Allah has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad) far away from some of that which Allah has sent down to you. And if they turn away, then know that Allah’s Will is to punish them for some sins of theirs. And truly, most of men are Fasiqun (rebellious and disobedient to Allah).

أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ ۚ وَمَنْ أَحْسَنُ مِنَ اللَّـهِ حُكْمًا لِّقَوْمٍ يُوقِنُونَ

Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allah for a people who have firm Faith.

Allah said in (34:50):

قُلْ إِن ضَلَلْتُ فَإِنَّمَا أَضِلُّ عَلَىٰ نَفْسِي وَإِنِ اهْتَدَيْتُ فَبِمَا يُوحِي إِلَيَّ رَبِّي إِنَّهُ سَمِيعٌ قَرِيبٌ

Say: “If (even) I go astray, I shall stray only to my own loss. But if I remain guided, it is because of the Inspiration of my Lord to me. Truly, He is AllHearer, Ever Near (to all things).”

Allah said in (45:18-19):

ثُمَّ جَعَلْنَاكَ عَلَىٰ شَرِيعَةٍ مِّنَ الْأَمْرِ فَاتَّبِعْهَا وَلَا تَتَّبِعْ أَهْوَاءَ الَّذِينَ لَا يَعْلَمُونَ

Then We have put you (O Muhammad ) on a plain way of (Our) commandment [like the one which We commanded Our Messengers before you (i.e. legal ways and laws of the Islamic Monotheism)]. So follow you that (Islamic Monotheism and its laws), and follow not the desires of those who know not.

إِنَّهُمْ لَن يُغْنُوا عَنكَ مِنَ اللَّـهِ شَيْئًا ۚ وَإِنَّ الظَّالِمِينَ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ ۖ وَاللَّـهُ وَلِيُّ

الْمُتَّقِينَ

Verily, they can avail you nothing against Allah (if He wants to punish you). Verily, the Zalimun (polytheists, wrong-doers, etc.) are Auliya’ (protectors, helpers, etc.) to one another, but Allah is the Wali (Helper, Protector, etc.) of the Muttaqun.

2.  As-Sunnah – The way of the Prophet (Sallahu A’layhi wassalam).

The Kitaab (Quran) told us to follow the Sunnah.  Allah said in (4:59):

يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ ۖ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّـهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّـهِ وَالْيَوْمِ الْآخِرِ ۚ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا

O you who believe! Obey Allah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and in the Last Day. That is better and more suitable for final determination.

The verb obey was mentioned twice, one was restricted to Allah and the other restricted to the Prophet (sallahu a’layhi wassalam). So this means that the obedience just as it goes to the Book of Allah and the Sunnah of the Prophet (sallahu a’layhi wassalam).  Allah said in (59:7):

مَّا أَفَاءَ اللَّـهُ عَلَىٰ رَسُولِهِ مِنْ أَهْلِ الْقُرَىٰ فَلِلَّـهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنكُمْ  وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانتَهُوا  وَاتَّقُوا اللَّـهَ  إِنَّ اللَّـهَ شَدِيدُ الْعِقَابِ

What Allah gave as booty (Fai’) to His Messenger (Muhammad) from the people of the townships, – it is for Allah, His Messenger (Muhammad), the kindred (of Messenger Muhammad SAW), the orphans, Al-Masakin (the poor), and the wayfarer, in order that it may not become a fortune used by the rich among you. And whatsoever the Messenger (Muhammad) gives you, take it, and whatsoever he forbids you, abstain (from it), and fear Allah. Verily, Allah is Severe in punishment.

Allah referred us t the Sunnah to get the clarification of the Quran as Allah said in (16:44):

بِالْبَيِّنَاتِ وَالزُّبُرِ ۗ وَأَنزَلْنَا إِلَيْكَ الذِّكْرَ لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيْهِمْ وَلَعَلَّهُمْ يَتَفَكَّرُونَ

With clear signs and Books (We sent the Messengers). And We have also sent down unto you (O Muhammad) the reminder and the advice (the Quran), that you may explain clearly to men what is sent down to them, and that they may give thought.

 ~~~~~

Explanation of the authors sayingAnd they (the Quran and Sunnah) are the foundation by which the sane adults were addressed. (With the commandments) and their religion is based on.

Allah said in (33:21):

لَّقَدْ كَانَ لَكُمْ فِي رَسُولِ اللَّـهِ أُسْوَةٌ حَسَنَةٌ لِّمَن كَانَ يَرْجُو اللَّـهَ وَالْيَوْمَ الْآخِرَ وَذَكَرَ اللَّـهَ كَثِيرًا

Indeed in the Messenger of Allah (Muhammad) you have a good example to follow for him who hopes in (the Meeting with) Allah and the Last Day and remembers Allah much.

Allah said that the mercy is in following the Prophet sallahu a’layhi wassalam in (3:132):

وَأَطِيعُوا اللَّـهَ وَالرَّسُولَ لَعَلَّكُمْ تُرْحَمُونَ

And obey Allah and the Messenger (Muhammad) that you may obtain mercy.

Allah specified the Prophet (sallahu a’layhi wassalam) with the guidance. So if one wants the guidance he can only take it by following the Prophet (sallahu a’layhi wassalam)’s guidance.  Allah said in (24:55):

قُلْ أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّسُولَ ۖ فَإِن تَوَلَّوْا فَإِنَّمَا عَلَيْهِ مَا حُمِّلَ وَعَلَيْكُم مَّا حُمِّلْتُمْ ۖ وَإِن تُطِيعُوهُ تَهْتَدُوا ۚ وَمَا عَلَى الرَّسُولِ إِلَّا الْبَلَاغُ الْمُبِينُ

Say: “Obey Allah and obey the Messenger, but if you turn away, he (Messenger Muhammad ) is only responsible for the duty placed on him (i.e. to convey Allah’s Message) and you for that placed on you. If you obey him, you shall be on the right guidance. The Messenger’s duty is only to convey (the message) in a clear way (i.e. to preach in a plain way).”

Allah said in (24:52)

وَمَن يُطِعِ اللَّـهَ وَرَسُولَهُ وَيَخْشَ اللَّـهَ وَيَتَّقْهِ فَأُولَـٰئِكَ هُمُ الْفَائِزُونَ

And whosoever obeys Allah and His Messenger, fears Allah, and keeps his duty (to Him), such are the successful ones.

Allah said in (24:51)

إِنَّمَا كَانَ قَوْلَ الْمُؤْمِنِينَ إِذَا دُعُوا إِلَى اللَّـهِ وَرَسُولِهِ لِيَحْكُمَ بَيْنَهُمْ أَن يَقُولُوا سَمِعْنَا وَأَطَعْنَا ۚ وَأُولَـٰئِكَ هُمُ الْمُفْلِحُونَ

The only saying of the faithful believers, when they are called to Allah (His Words, the Quran) and His Messenger, to judge between them, is that they say: “We hear and we obey.” And such are the prosperous ones (who will live forever in Paradise).

So Allah made the scale of his love the following of the Prophet (sallahu a’layhi wassalam).  Allah said in (3:31)

قُلْ إِن كُنتُمْ تُحِبُّونَ اللَّـهَ فَاتَّبِعُونِي يُحْبِبْكُمُ اللَّـهُ وَيَغْفِرْ لَكُمْ ذُنُوبَكُمْ ۗ وَاللَّـهُ غَفُورٌ رَّحِيمٌ

Say (O Muhammad to mankind): “If you (really) love Allah then follow me (i.e. accept Islamic Monotheism, follow the Quran and the Sunnah), Allah will love you and forgive you of your sins. And Allah is Oft-Forgiving, Most Merciful.”

We understand from this verse that everyone who says he loves Allah, his saying is a claim until he follows Allah and His messenger. This verse is called the verse of trial because it tries one’s Eeman and your love for Allah.  Allah said in (3:32)

قُلْ أَطِيعُوا اللَّـهَ وَالرَّسُولَ ۖ فَإِن تَوَلَّوْا فَإِنَّ اللَّـهَ لَا يُحِبُّ الْكَافِرِينَ

Say (O Muhammad): “Obey Allah and the Messenger (Muhammad).” But if they turn away, then Allah does not like the disbelievers.

~~~~~

Explanation on: The Authors saying: The Unanimous agreement of the scholars and the correct mental analogy.

3.   Al Ijma – The unanimous agreement of the scholars. (Starting from the end of the revelation onwards).

The highest Ijma’a that one should never think about going against, because denying that Ijma’a is considered as an act of disbelief this is as regards to what the companions have agreed upon.

4.   Al Qiyaas – the correct analogy.

The analogy is of two types:

1.  An analogy which is false and rejected

2.  And an analogy which is correct.

Analogy is basing something on something else because of the reason they share.

Explanation of the Authors saying: And both of them (Ijmaa` and the Qiyaas) depends on the book and the way of the Prophet (sallahu a’layhi wassalam)

This means although Al Ijmaa` and Qiyaas are two sources of evidences according to the people upon true Islam they branch out from the Kitaab and the Sunnah. The Qiyaas is supported by Ijmaa`.  The proof for Al-ijmaa is Allah’s  saying in (4:115)

وَمَن يُشَاقِقِ الرَّسُولَ مِن بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَىٰ وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّىٰ وَنُصْلِهِ جَهَنَّمَ ۖ وَسَاءَتْ مَصِيرًا

And whoever contradicts and opposes the Messenger (Muhammad SAW) after the right path has been shown clearly to him, and follows other than the believers’ way. We shall keep him in the path he has chosen, and burn him in Hell – what an evil destination.

And proof for it in the hadeeth – (3950 sunan ibn maajah, 4253 sunan abee dawood, 2167 tirmidhi)

أَنَسَ بْنَ مَالِكٍ يَقُولُ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ إِنَّ أُمَّتِي لَا تَجْتَمِعُ عَلَى ضَلَالَةٍ فَإِذَا رَأَيْتُمْ اخْتِلَافًا فَعَلَيْكُمْ بِالسَّوَادِ الْأَعْظَمِ

Anas ibn Malik reported: I heard the Messenger of Allah, peace be upon him, saying, “Indeed, my nation will not agree upon misguidance, so if you see differences then follow the greatest majority.”

Explanation of the Author’s saying – so “Jurisprudence” – from it’s beginning to its end – does not come out of those four sources of evidence.

So the rulings given to our acts by the Legislator is sought from those four sources of evidence.

Explanation of the Author’s saying – And most of the important rulings, all of the “four sources,”  gather in proving them.

The explanation to this is point no.21, 22 and 23 (which are):

21 – The text of the Quran and Sunnah indicates them.

22 – And the scholars agree upon them.

23 – And the correct Analogy proves them.

 Explanation of the Author’s sayingBecause of what benefit and advantages it holds if it was ordered, and of harm if it was forbidden.

The author mentioned the reason behind all of the four proving significant rulings. He is trying to say that most of the important rulings have all four sources of evidence proving them because of the important rulings withholding our benefits and advantage.   Example – salah, birrul waalidayn, etc, and because of the harm there is to it if it was something forbidden.  Example – tahreem ash shirk, tahreem uqookul walidayn… etc.

~End of class~

Alhamdulillaah wassalaatu wassalaamu ‘alaa Rasoolillah

Notes transcribed by: Zaiba binth Shuraiz Jawward Hashim

Establishi​ng the Principles – Principles of Understand​ing – Book 1 – Class 16

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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The author said: As for the “permissible” things: The Legislator permitted it and gave permission in doing it: and it could be a means to good, thus it will be added to the list of things commanded, and it also could be a means to evil, thus been added to the forbidden.

Our teacher clarifies to us what the author meant here.

The permissible things are of 2 types,  here he (the author) speaks about the 2nd type: which is the permissible thing which has become a means to something ordered or to something forbidden, thus it takes the same ruling to which it has become a means to.  In other words: things which are originally permissible are of 2 cases:

  1. This leads to good, thus being added to the things commanded.
  2. This leads to evil, thus being added to the things forbidden.

Example – is it permissible to look at thing and use your eyesight? Yes. But if you used that eyesight for something unlawful, that particular look, what ruling does it take? Haraam, even though looking by the eyesight is lawful.

So the thing is given the same ruling whether that thing is used in an obliging manner which is called Waajib or not in an obliging manner which we call Mustahab.  And it also takes the same ruling whether it is forbidden in an obliging manner which is called Haraam or not in an obliging manner which is called makrooh.

Those things which are permitted but lead to something commanded is also of 2 types:

1.  One which is specified with a ruling/command

Example one – walking to jummah prayer or prayer in general (for the men).  Allah said in: (62:9) – regarding going for jummah

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِن يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَىٰ ذِكْرِ اللَّـهِ وَذَرُوا الْبَيْعَ ۚ ذَٰلِكُمْ خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ

O you who believe (Muslims)! When the call is proclaimed for the Salat (prayer) on the day of Friday (Jumu’ah prayer), come to the remembrance of Allah [Jumu’ah religious talk (Khutbah) and Salat (prayer)] and leave off business (and every other thing), that is better for you if you did but know!

And Allah said in: (5:6) – going to prayer in general (for men):

 

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا قُمْتُمْ إِلَى الصَّلَاةِ فَاغْسِلُوا وُجُوهَكُمْ وَأَيْدِيَكُمْ إِلَى الْمَرَافِقِ وَامْسَحُوا بِرُءُوسِكُمْ وَأَرْجُلَكُمْ إِلَى الْكَعْبَيْنِ ۚ وَإِن كُنتُمْ جُنُبًا فَاطَّهَّرُوا

O you who believe! When you intend to offer As-Salat (the prayer), wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to ankles.

Example two – touching a woman or being alone with her.

The prophet (Sallallaahu `alayhi wasalaam) said:It is better for you to be stabbed in the head with an iron needle than to touch the hand of a woman who is not permissible to you.”[At-Tabarani in “Al Kabir, #486. Shaikh Albani said in Sahih al-Jaami’ it is sahih #5045]

And the prophet (Sallallaahu `alayhi wasalaam) said:  “When a man and a woman are together alone, there is a third presence i.e. shaitan.”

2.  Wasn’t specified with a command.

Example one – trade

Example two – using a siwaak

The Author said: therefore that is a grand principle.

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The means take the rulings of the goals and the outcomes.

Regarding expiation of a vow (5:89) which tranlates to mean:

Allah will not punish you for what is uninentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masakin (poor persons), on a scale of the average of that with which you feed your own families; or clothe them; or manumit a slave. But whosoever cannot afford (that), then he should fast for three days. That is the expiation for the oaths when you have sworn. 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.

There are three ways we can do:

  1. Feed ten Masakin (poor persons), on a scale of the average of that with which you feed your own families or clothe them.
  2. Free a slave.
  3. Whosoever cannot afford (that), then he should fast for three days.

The Author said: and through this we know.

–          whatever the Waajib isn’t accomplished except with, is Waajib

–          And whatever the preferred isn’t accomplished except with, is preferred.

–          And whatever leads to the forbidden is forbidden.

–          And the means to that which is unliked is uniked.

 

~~~ End of Dars ~~~ 

الحمد لله والصلاة والسلام على رسول الله

Notes transcribed by : zaiba binth shuraiz jawward hahsim.

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Establishi​ng the Principles – Principles of Understand​ing – Book 1 – Class 15

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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Ustaad in the last class told us that the five rulings vary in themselves and when compared to their rulings as well.

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UF15.1

The author says:

Whatever its advantage was pure or greater: the legislator commanded it, either an order of obligation or preference.
Whatever its disadvantage was pure or greater: the legislator forbid it, either an obliging forbidding or an optional forbidding.

  • I’jaab is taken from Waajib which is obligatory.
  • istihbaab is taken from Mustahab which is preferred.
  • tahreem is taken from Haraam which means the impermissible.
  • karaahah is taken from makrooh which is the disliked.

 The author says:

So this principle encompasses all the commandments.

What should be understood from the authors quote

1.MAJOR PRINCIPLE IN ISLAM – This religion is based upon fulfilling the slaves’ advantage/benefits and warding off disadvantages/harm away from him, in this life or in the Hereafter.

Therefore the legislator doesn’t order/command except what of a pure/greater advantage and He doesn’t forbid except what is of a pure/greater disadvantage.

At the end he (the author) mentioned that the principle is comprehensive to all Islamic legislation, whereas nothing falls out of it.

What is the effect that this leaves with the individual?

The great affect this leaves in the hearts of people is that they are pleased with whatever Allah or his messengers commanded even if they know not the advantage to it or weren’t aware of its benefits because you will know that whatever Allah ordered for me is for my advantage and if he wanted me to do something it will always be for my advantage.

Allah said (53:3-4)

وَمَا يَنطِقُ عَنِ الْهَوَىٰ  إِنْ هُوَ إِلَّا وَحْيٌ يُوحَىٰ

Nor does he speak of (his own) desire. It is only an Inspiration that is inspired.

So whatever the prophet has told to guide his ummah is only a revelation from Allah.

Allah said (4:65)

فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنفُسِهِمْ حَرَجًا مِّمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا

But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.

For this faith to be steadfast there are 3 things one should do:

  1. They make you (O Muhammad) judge in all disputes between them.
  2. Find in themselves no resistance against your decisions.
  3. Accept (them) with full submission.

Allah said in (17:45-46)

وَإِذَا قَرَأْتَ الْقُرْآنَ جَعَلْنَا بَيْنَكَ وَبَيْنَ الَّذِينَ لَا يُؤْمِنُونَ بِالْآخِرَةِ حِجَابًا مَّسْتُورًا

وَجَعَلْنَا عَلَىٰ قُلُوبِهِمْ أَكِنَّةً أَن يَفْقَهُوهُ وَفِي آذَانِهِمْ وَقْرًا ۚ وَإِذَا ذَكَرْتَ رَبَّكَ فِي الْقُرْآنِ وَحْدَهُ وَلَّوْا عَلَىٰ أَدْبَارِهِمْ نُفُورًا

And when you (Muhammad) recite the Quran, We put between you and those who believe not in the Hereafter, an invisible veil (or screen their hearts, so they hear or understand it not). And We have put coverings over their hearts lest, they should understand it (the Quran), and in their ears deafness. And when you make mention of your Lord Alone [La ilaha ill-Allah (none has the right to be worshipped but Allah) Islamic Monotheism ] in the Quran, they turn on their backs, fleeing in extreme dislikeness.

Allah said in (33:36)

وَمَا كَانَ لِمُؤْمِنٍ وَلَا مُؤْمِنَةٍ إِذَا قَضَى اللَّـهُ وَرَسُولُهُ أَمْرًا أَن يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ ۗ وَمَن يَعْصِ اللَّـهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلَالًا مُّبِينًا

It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a plain error.

Allah said in (4:82):

أَفَلَا يَتَدَبَّرُونَ الْقُرْآنَ ۚ وَلَوْ كَانَ مِنْ عِندِ غَيْرِ اللَّـهِ لَوَجَدُوا فِيهِ اخْتِلَافًا كَثِيرًا

Do they not then consider the Quran carefully? Had it been from other than Allah, they would surely have found therein much contradictions.

2. PRINCIPLES – This legislation doesn’t neglect and advantage whatsoever.

Allah said in (17:9)

إِنَّ هَـٰذَا الْقُرْآنَ يَهْدِي لِلَّتِي هِيَ أَقْوَمُ وَيُبَشِّرُ الْمُؤْمِنِينَ الَّذِينَ يَعْمَلُونَ الصَّالِحَاتِ أَنَّ لَهُمْ أَجْرًا كَبِيرًا

Verily, this Quran guides to that which is most just and right and gives glad tidings to the believers (in the Oneness of Allah and His Messenger, Muhammad, etc.). who work deeds of righteousness, that they shall have a great reward (Paradise)

Allah said in (17:82)

وَنُنَزِّلُ مِنَ الْقُرْآنِ مَا هُوَ شِفَاءٌ وَرَحْمَةٌ لِّلْمُؤْمِنِينَ ۙ وَلَا يَزِيدُ الظَّالِمِينَ إِلَّا خَسَارًا

And We send down from the Quran that which is a healing and a mercy to those who believe (in Islamic Monotheism and act on it), and it increases the Zalimun (polytheists and wrong-doers) nothing but loss.

Allah said in (5:15-16)

يَا أَهْلَ الْكِتَابِ قَدْ جَاءَكُمْ رَسُولُنَا يُبَيِّنُ لَكُمْ كَثِيرًا مِّمَّا كُنتُمْ تُخْفُونَ مِنَ الْكِتَابِ وَيَعْفُو عَن كَثِيرٍ ۚ قَدْ جَاءَكُم مِّنَ اللَّـهِ نُورٌ وَكِتَابٌ مُّبِينٌ

يَهْدِي بِهِ اللَّـهُ مَنِ اتَّبَعَ رِضْوَانَهُ سُبُلَ السَّلَامِ وَيُخْرِجُهُم مِّنَ الظُّلُمَاتِ إِلَى النُّورِ بِإِذْنِهِ وَيَهْدِيهِمْ إِلَىٰ صِرَاطٍ مُّسْتَقِيمٍ

O people of the Scripture (Jews and Christians)! Now has come to you Our Messenger (Muhammad) explaining to you much of that which you used to hide from the Scripture and passing over (i.e. leaving out without explaining) much. Indeed, there has come to you from Allah a light (Prophet Muhammad) and a plain Book (this Quran).

 Wherewith Allah guides all those who seek His Good Pleasure to ways of peace, and He brings them out of darkness by His Will unto light and guides them to a Straight Way (Islamic Monotheism).

The sharia’h does not neglect anything whatsoever and whoever thinks that the shari’ah neglects any advantage has surely thought bad of his Lord. (Narrated by Ash –Shafi’yy )The prophet said:

لَيْسَ مِنْ شَيْءٍ يُقَرِّبُكُمْ فِي الْجَنَّةِ ، وَيُبَاعِدُكُمْ مِنَ النَّارِ إِلا وَقَدْ أَمَرْتُكُمْ بِهِ ، وَإِنَّهُ لَيْسَ مِنْ شَيْءٍ يُقَرِّبُكُمْ مِنَ النَّارِ ، وَيُبَاعِدُكُمْ مِنَ الْجَنَّةِ ، إِلا وَقَدْ نَهَيْتُكُمْ عَنْهُ

“There isn’t something which gets you near to paradise except I have commanded you to do it, and there isn’t anything which brings you close to the hellfire except I have forbidden/warned you against.

3. There can’t be a contradiction between the religion (shari’ah) and the advantage (maslaha) of the slave.

4. Whoever claims that there be an advantage which Islam didn’t bring has to be in one of two cases:

  • 1st case – either Allah ordered it but he is unaware of this order.

The religion is complete

Hadeeth – “Allah’s Apostle said, “If a fly falls in the vessel of any of you, let him dip all of it (into the vessel) and then throw it away, for in one of its wings there is a disease and in the other there is healing (antidote for it)”   (Translation of Sahih Bukhari, Volume 7, Book 71, Number 673)

Hadeeth – Narated By Ibn ‘Abbas : (The Prophet said), “Healing is in three things: A gulp of honey, cupping, and branding with fire (cauterizing).” But I forbid my followers to use (cauterization) branding with fire.”    (Sahih Al Bukhari – Book of MedicineVolumn 007, Book 071, Hadith Number 584).

  • 2nd case – or it might be that what he thinks to be an advantage isn’t.

The cancelled advantage in Usool ul fiqh is called   المصلحة الملغاة (al maslahathul mulghaa).

The disadvantages are of 2 types:

  1. Disadvantages which people claim to be an advantage.
  2. Disadvantages that are little when compared to the advantage.

Ibn Al Qayyim said : “The wisest of all people are those who leave whatever is of a greater disadvantage even if it had little pleasure and delight compared to its  disadvantage.”

~~~ End of Dars ~~~

الله تعالى أعلم والحمد لله والصلاة والسلام على رسول الله

 

Notes transcribed by : zaiba binth shuraiz jawward hahsim.

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UF15.2

 

Establishi​ng the Principles – Principles of Understand​ing – 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:

DETAILED NOTES >>>

The teacher wanted shed more light on the five rulings. He says that the variation is not in each ruling by itself rather it is also a difference between each one of those rulings.

For Example – Al Waajib –is certainly more important that Al Mustahab (that which is preferred), and certainly that which is preferred is more important than that which isn’t.

So the varying in the levels of the commandments is not only in the obligatory commandments or the preferred commandments but the varying is also between the Waajib and the Masnoon (that which is obligatory and that which is preferred).

So we would take into consideration the obligatory from the preferred, this is only in the case where the Waajib and the Mustahab are contradicting; meaning when you are faced with either doing a Waajib (practicing that which is a Waajib) or a Masnoon (practicing what is preferred).

FURTHER CLARIFICATION ON THE PREVIOUS SUBJECT >>>

The Author said: “That which is Waajib (obligatory), is higher in rank than that which is Masnoon (preferred).”

Ustaad previously mention different examples for the Masnoon.

That which is obligatory on each and every person individually is not like that which is obligatory on a group of people causing sufficiency.

So Fardhu Al Ain is not like Fardhu Kifaayah, if we were to decide which is greater, we would say that it is Fardhu Al A’yn because it is obligatory upon each and every individual.

Example

The right of Allah comes before the right of His creation.  Allah said in (17:23)

وَقَضَىٰ رَبُّكَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ وَبِالْوَالِدَيْنِ إِحْسَانًا ۚ إِمَّا يَبْلُغَنَّ عِندَكَ الْكِبَرَ أَحَدُهُمَا أَوْ كِلَاهُمَا فَلَا تَقُل لَّهُمَا أُفٍّ وَلَا تَنْهَرْهُمَا وَقُل لَّهُمَا قَوْلًا كَرِيمًا

And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents. If one of them or both of them attain old age in your life, say not to them a word of disrespect, nor shout at them but address them in terms of honor.

Question: In the above verse which came first in mention, the right of Allah or His creation?

Answer: The right of Allah.

So the right of Allah is more obligatory than the right of His creation; therefore the first priority belongs to Allah and his creation comes after.

Example

 Allah said (4:36)

وَاعْبُدُوا اللَّـهَ وَلَا تُشْرِكُوا بِهِ شَيْئًا ۖ وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَىٰ وَالْجَارِ الْجُنُبِ وَالصَّاحِبِ بِالْجَنبِ وَابْنِ السَّبِيلِ وَمَا مَلَكَتْ أَيْمَانُكُمْ ۗ إِنَّ اللَّـهَ لَا يُحِبُّ مَن كَانَ مُخْتَا

Worship Allah and join none with Him in worship, and do good to parents, kinsfolk, orphans, Al-Masakin (the poor), the neighbor who is near of kin, the neighbor who is a stranger, the companion by your side, the wayfarer (you meet), and those (slaves) whom your right hands possess. Verily, Allah does not like such as are proud and boastful.

The order the commandments were laid out in points out the differing and varying between each and every order. Therefore whatever is ordered first comes first.

Example

Hadeeth (Sahih Muslim hadeeth no.35)

الإِيمَانُ بِضْعٌ وَسِتُّونَ ، أَوْ : بِضْعٌ وَسَبْعُونَ ، شُعْبَةً ، أَعْلاهَا شَهَادَةُ أَنْ لا إِلَهَ إِلا اللَّهُ ، وَأَدْنَاهَا إِمَاطَةُ الأَذَى عَنِ الطَّرِيقِ ، وَالْحَيَاءُ شُعْبَةٌ مِنَ الإِيمَانِ

The prophet said”Eeman is 70 so parts, the highest is the saying of (la ilaha illahlah), and the lowest is moving obstacles off the way”

Example

 Hadeeth (Sahih Bukhari, Hadeeth no.7372)

Narrated Ibn Abbas: When the Prophet sent Muadh to Yemen, he said to him, “You are going to a nation from the people of the Scripture, so let the first thing to which you will invite them, be the Tauhid of Allah. If they learn that, tell them that Allah has enjoined on them, five prayers to be offered in one day and one night. And if they pray, tell them that Allah has enjoined on them Zakat of their properties and it is to be taken from the rich among them and given to the poor. And if they agree to that, then take from them Zakat but avoid the best property of the people.”

The word ‘IF’ in the hadeeth proves that the followings acts have to be in an order. There is also a benefit in a commandment of different level not different types. Meaning two acts which are both obligatory but they, in this case that which is more important is brought first and preferred over that which is less important.

For example – if you have had one hour in a day only to spare for seeking knowledge and you also have two fields of knowledge which is prescribed over you which is learning your Tawheed and on the other hand learning the rulings  of Al-Fiqh. And this rarely takes place so you can either give time for both, half of this and half of the other but in this situation where you have to choose then the scholars say that which is more obligatory takes precedence which is the one that is prescribe over you which is learning your tawheed.

These are not merely opinions rather it is taken from a hadeeth

So when you are in between two impermissible acts meaning, you’re in a situation where you have to commit either this impermissible act or that impermissible act, so in this situation you’re going to have to commit that which is lighter than that which is greater. It is also the same with the obligatory act wherein you have to choose between one of them in this situation you choose that which is more obligatory upon you than that which is less.

For example – you are in a situation where you could either fall into Zina (ex: you are locked up somewhere or trapped with someone or some sort of seduction) or release yourself by yourself, so here you are faced with two things. Here we commit that which is lesser to push away that which is greater.

GENERAL PRINCIPLE >>>

The scholars’ guide a person who falls in between to doing two impermissible acts that he does the least.

For example – A friend of Ustaad fell into a situation where he had two options, either going back to his country where he might be exposed to be killed or tortured or to be imprisoned (example: like many people in Iraq are tortured because they follow the sunnah and they aren’t of the Shi’a). So this friend has to return to his country because the embassy told him that he cannot renew his passport unless he does it from the country itself, so he has to go back to his own country and renew his passport from there. Now, if he goes back in a state wherein he had a beard then definitely he would be dealt with secretively or might be even killed openly. So he is now in between two situations which is keeping his beard and being exposed to be killed or either shaving the beard and avoiding falling into risking his life. He then asked the scholars and they told him that in this case he has to do that which is less of a sin to avoid that which is greater which is exposing yourself to be killed because the soul wouldn’t come back but the beard would.

An example for two obligations – you are in a secluded area or country, which is been secluded from the people of knowledge and there isn’t any scholar or student of knowledge in that area teaching the people there religion. Two scholars come. One teaches in an area in your city lessons in fiqh and the other teaches in another area lessons in At-Tawheed. Now both are obligatory upon you because you have to learn the matters of creed just as you learn the matters of Fiqh (jurisprudence) and if you attend one of those classes you cannot attend the other and vice verse. So here we would bring first the classes on tawheed because seeking the knowledge of How one should worship Allah alone is far greater.

The above examples are taken from a hadeeth the prophet said that Allah said:

ما تقرب إلي عبدي بشيء أحب إلي مما افترضت عليه

“And my slave will never get nearer to me with anything better than what I have prescribed upon him…”

So the prescribed act comes before that which is preferred.

Ibnu Hajar said: “one of the great scholars said (of his time in the 800s): “whoever occupied himself with the prescribed over the preferred is pardoned and whoever got occupied with the preferred over the prescribed is deceived.”

Ahmed abdul Haleem (great scholar of the 700s) was asked a question, “which is greater seeking knowledge or memorizing Quran?” He said: “as for the knowledge which is obligatory individually upon the human being such as knowing what Allah has commanded him and what Allah has forbid him, then this is given the priority over memorizing what isn’t obligatory to memorize of the Quran, because seeking the first is obligatory and seeking the second is preferred, and the obligatory is put before what is preferred.” (In the case where they coincide).

Ibnu Rajab (great scholar of the 700s) said: “carrying out the obligatory, all of it, is better than practicing the preferred hajj and umrah and the like because the slave doesn’t get nearer to Allah with anything better than what Allah prescribed upon him.”

IMPORTANT BENEFIT >>>

And the scholars warned against the plot of Satan, where he tries to occupy a person with that which is less important.

And here are some of their quotes:

Ibnul Jazwzi said in (thalbeesu iblees : the deceiving of the devil): “ And Satan has deceived a group of worshippers so they have increased their night prayer (on the account of the obligatory prayers) and some of them stay up the whole  night, and become happy with their night prayer, and Dhuha prayer more than they are with the congregational prayers, then they sleep right before Fajr and miss the obligatory, or wake up to get ready for it and miss the group praying, or wake up lazy and aren’t able to seek provision for their family.”

And when Ibnu Al-Qayyim started mentioning in his book the wonderful benefits (baddai’un fawaaid) the steps of the devil to deviate the son of Adam, he mentioned many levels.

He said: “Ash-Shaytaan will try you in many levels”

1st level – make you fall into polytheism or disbelief.

2nd level – make you fall into innovations.

3rd level – make you fall into major sins.

4th level – make you fall into minor sins, and the prophet did say:”be warned against the sins you look down at, for they surely join together over the slave until they destroy him.”

5th level – occupying you with the permissible acts, which have no reward or punishment, rather a punishment of it, is wasting the time of getting rewarded for other beneficial things one could do.

6th level – occupying you with that which is less important. Over that which is more important to distract him from the merit (of that which is greater), and to put to waste the reward out of it (that which is greater).

Ibn Al-Qayyim said: “And very few people pay attention to this issue because when he (the individual) sees in him powerful zeal and a drive to a type of obedience which he doesn’t doubt to be obedience and a means of nearness to Allah, he will hardly say this thing which is calling me to this obedience is the devil.”

The people of knowledge said: “the devil will open seventy doors of goodness in order to lure you into falling into a door of evil.”

To shed more light on the issue the teacher brought to our attention the hadeeth of the prophet –  Sallallaahu`alayhi wasallam.

Hadeeth (saheeh Bukhari 7:1):

أَخْبَرَنَا أَبُو الْحَسَنِ عَبْدُ الرَّحْمَنِ بْنُ مُحَمَّدٍ الدَّاوُدِيُّ ، أَنَا أَبُو الْحَسَنِ عَلِيُّ بْنُ عُمَرَ بْنِ عَلِيِّ بْنِ إبْرَاهِيمَ التَّمَّارُ ، أَنَا أَبُو بَكْرٍ مُحَمَّدُ بْنُ عُثْمَانَ بْنِ ثَابِتٍ الصَّيْدَلانِيُّ ، نا سَعِيدُ بْنُ الْحَكَمِ بْنِ أَبِي مَرْيَمَ ، أَنَا مُحَمَّدُ بْنُ جَعْفَرٍ ، أَخْبَرَنِي حُمَيْدٌ ، أَنَّهُ سَمِعَ أَنَسًا ، رَضِيَ اللَّهُ تَعَالَى عَنْهُ ، قَالَ : جَاءَ ثَلاثَةُ رَهْطٍ إِلَى أَزْوَاجِ النَّبِيِّ ، صَلَّى اللَّهُ تَعَالَى عَلَيْهِ وَسَلَّمَ يَسْأَلُونَ عَنْ عِبَادَةِ النَّبِيِّ ، صَلَّى اللَّهُ تَعَالَى عَلَيْهِ وَسَلَّمَ ، فَلَمَّا أُخْبَرُوا بِهَا ، كَأَنَّهُمْ تَقَالُّوهَا ، فَقَالُوا : أَيْنَ نَحْنُ مِنَ النَّبِيِّ ، صَلَّى اللَّهُ تَعَالَى عَلَيْهِ وَسَلَّمَ وَقَدْ غَفَرَ اللَّهُ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ وَمَا تَأَخَّرَ ، فَقَالَ أَحَدُهُمْ : أَمَّا أَنَا فَأُصَلِّي اللَّيْلَ أَبَدًا ، وَقَالَ الآخَرُ : أَنَا أَصُومُ النَّهَارَ لا أُفْطِرُ ، وَقَالَ الآخَرُ أَنَا أَعْتَزِلُ النِّسَاءَ فَلا أَتَزَوَّجُ أَبَدًا . فَجَاءَ النَّبِيُّ ، صَلَّى اللَّهُ تَعَالَى عَلَيْهِ وَسَلَّمَ ، إِلَيْهِمْ ، فَقَالَ : أَنْتُمُ الَّذِينَ قُلْتُمْ كَذَا وَكَذَا ؟ أَمَا وَاللَّهِ ، إِنِّي لأَخْشَاكُمْ لِلَّهِ ، وَأَتْقَاكُمْ لَهُ ، لَكِنِّي أَصُومُ وَأُفْطِرُ وَأُصَلِّي وَأَرْقُدُ ، وَأَتَزَوَّجُ النِّسَاءَ ، فَمَنْ رَغِبَ عَنْ سُنَّتِي فَلَيْسَ مِنِّي.

“A group of three men came to the houses of the wives of the Prophet asking how the Prophet worshipped (Allah), and when they were informed about that, they considered their worship insufficient and said, “Where are we from the Prophet as his past and future sins have been forgiven?” Then one of them said, “I will offer the prayer throughout the night forever.” The other said, “I will fast throughout the year and will not break my fast.” The third said, “I will keep away from the women and will not marry forever.” Allah’s Apostle came to them and said, “Are you the same people who said so-and-so? By Allah, I am more submissive to Allah and more afraid of Him than you; yet I fast and break my fast, I do sleep and and I also marry women. So he who does not follow my tradition in religion, is not from me (not one of my followers).”

Ibn Al-Qayyim said: “this individual is excused because his knowledge didn’t reach to the fact that the devil might order him to seek seventy doors of goodness, either to drive him to a door of evil, or to draw him away from what is greater than those seventy doors of goodness and better. And he (the individual) won’t reach to knowing it except with a light which Allah casts in his heart, and the reason of this coming of the light is singling out prophet (sallahu a’layhi wassalam) with following and his extreme concern in the different levels of deeds to Allah and the most preferred to Him and the most beneficial to the slave.”

Basically what ibnul Qayyim says is to seek knowledge and that he has to be aware of the different levels of obedience and you have to be aware what is more pleasing to Allah and what is more beneficial to you in the Aakirah (hereafter).   Then he says “then if he (the devil) doesn’t succeed he will then let loose on him (the individual) his army of humans and jinn with different forms of annoyance and slandering and warning against him to put him down and to put him out and to disturb and confuse his heart and busy his mind with this fight from Satan.”

So he will remain and always remain in this battle with the humans and the jinn who are the servants of the devil. And those forces of evil will never rest until he is down and at that moment the believer forever wears the armor of war and doesn’t take it off until he meets his fate and whenever he does he will be captured or shot, so he remains in this Jihaad and he remains wearing this armor of his and carrying this weapon of his, this weapon of knowledge which he is calling to day and night.

Ibn Al-Qayyim says: “so ponder upon this chapter (what he mentioned) and its great benefit and make it a scale to measure people with and to measure the deeds, for it gives you a good picture of the reality of existence and the levels of people, and from Allah alone we seek aid and from him alone we rely. ”

 

~End of class~

الحمد لله والصلاة والسلام على رسول الله

Notes transcribed by: Zaiba binth Shuraiz Jawward Hashim

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