Category Archives: Usuulul-Fiqh

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

-29 wad-dilaalatu minal-Kitaab was-Sunnati  thalaathatu Aqsaamin:  means: The indications  from the Book and the Sunnah (i.e. the way the evidences prove their rulings) are of three types:

  • Ad-dilaalah means:  “the indication”
  • Thalaathatu Aqsaam means:  “three types”

1-   Dalaalatu Mutaabaqatin: Idhaa tabbaqnal-laftha `alaa jamee`il-ma`naa means: A matching indication: if we applied the text on all of the meaning (i.e. when the text proves its exact meaning).

    • You can say Ad-dalaalah or Ad-dilaalah it is all the same (meaning), but saying Ad-dalaalah is better.
    • Tabbaqnaa means:  “We applied”

Meaning, if we used the text to prove the full meaning the text was used for; like for example when Allah said (what means): “Verily, Allâh commands you that you slaughter a cow” (Quran 2: 67); the exact meaning given by the word “cow” here is, the well known animal called a cow.   Therefore, the word “cow” here indicates its exact meaning.

2-   Wa Dalaalatu Tadhammun: Idhastadlalnaa bil-lafthi `alaa ba`adi* ma`naahu means: An inclusive indication: if we proved, through the text, part of its meaning (i.e. when the text indicates only part of the meaning which it contains).    *ba`adi is missing in the copy of text we are using.

For example: the word “Al-hajj”; the meaning which it indicates completely is the full act of pilgrimage with all its parts; however, when we say: Allah ordered us to do Hajj;  meaning you have to stay in ‘Arafah; here we have not used Al-hajj for its full meaning, rather we have used it for part of its meaning (which it contains).

Another example: regarding the attributes of Allah; the word “Al-Khaaliq” indicates completely both Allah and the attribute of creating; the doer and the attribute it is an indication to the complete meaning.  however, it partially indicates the attribute, meaning it indicates the attribute of creating due to it being  part of its meaning.

Another example: If you read the verse “obey Allah and the messenger”; and so you say that this verse means that you have to pray; here you have proven from this text a partial indication, as you have covered part of what obeying Allah and His messenger – Sallallaahu `alayhi wasallam – include. Likewise if you read the hadeeth: “the dead of the sea are lawful for you to eat”; and so you said: this proves that I can eat squid; here you have indicated a partial meaning from the text.

3-  Wa dalaalatu iltizaamin: Idhastadlalnaa bilafthil-kitaabi was-sunnati, wama`naahumaa `alaa tawaabi`i dhaalika, wa mutammimaatihi, wa shuruutihi.  wa maa laa yutimmu dhaalikal-mahkuumu feehi awil-mukhbaru `anhu illaa bih.  means: The necessitating indication: if we proved through the text of the Quran and the Sunnah and their meanings, the things following those meanings; and the things completing it; and its conditions; and what the issue given a ruling on, or the informed of, is not accomplished except by doing/carrying out.

iltizaam means: ” necessitating”

tawaabi`i means: “things that follow”

mutammimaatihi means:  “its accomplishments”

Meaning; proving something which is outside of the meaning of the text, which is indicated through necessity or dependency. For example, Allah said: “Is there a creator besides Allah?”; this means that there has to be something which was created; this meaning is indicated through necessity, because if there is a creator then it necessitates that something was created.

Another example: if you read the verse: “perform Hajj”; and so you said that this means I have to start saving money; this saving money is not a part of the meaning of hajj; but it is something which the hajj necessitates that you do.

Another example: Allah said: “bow with those who bow”; so we said that this means that we have to pray with the congregation (this is the complete indication); however, if we said that it means that we have to walk to the Masjid, then this is the dalaalatu iltizaam.

Another example: Allah ordered us to pray; the order to pray necessitates that you cover your ‘awrah; this is a condition associated with it; therefore it is something outside of the meaning, which completes the meaning or is a condition to it or it follows it, and it is not part of it.

-Alhamdulillaah wasalaatu wasalaam alaa Rasoolillaah –

Inshaa’Allaah these notes are complete and correct but if anyone notices mistakes, kindly make mention of it in the comments section or in an email to: sarf4sisters@gmail.com

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Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 11

بسم الله الرحمن الرحيم

Our teacher prasied Allaah and sent salaat and salaam on the Rasool- sallallaahu `alayhi wassallam- his family, companions and followers then began:

REVIEW >>>

In the previous class our teacher explained  An-Nass and Ath-Thaahir. An -Nass is the text that does not withstand except one possible meaning which, when spoken, clearly point out and indicates one meaning –  this is the nass.

And Ath-thaahir is the spoken word/phrase/sentence which covers more than one possible meaning but the first meaning is taken for the benefit as being the most apparent meaning. What is  apparent from this word is to be taken but it has the quality of Umoom (the encompassing quality)  meaning the word itself covers more than one meaning- but it is understood that one meaning is stronger than the other because of the apparent meaning – we give the words their Islamic meaning first (just as long as they have one). If the word does not have an Islamic meaning then it is taken back to the linguistic meaning.

Ustaadh once again translated the line for us:

– wa taaratan tu’khadu min thaahirihimaa.  wa huwa:  maa dalla `alaa dhaalika `alaa wajhil-`umuumil-lafthiyyi awil-ma`nawiyyi means: And at times it  is taken from Ath-thaahir (الظَّاهِر) the apparent meaning of both of them (meaning the Quraan and Sunnah) and it is whatever indicated that meaning from the aspect of the inclusiveness of the word (the word is used to express more than one meaning) or (this inclusiveness is taken from ) the meaning.  If the word includes more tahn one meaning because it has more then one usage (islamic usage, linguistic usage, customated usage etc.)  Basically – Ath-Thaahir is a word which could withstand more than one meaning with one of the meaninfs being apparent. Why is this?  Becuase it is inclusive – in both wording and in meaning.

Continuing with the Translation >>>

TheIslamic  legislative rulings are at times taken from An-Nass and at times from Ath-Thaahir  and at times from Al- Mantooq…

– wa taaratan tu’khadu minal-mantuuq.  wa huwa:  maa dalla `alal-hukmi fee mahalin-nutqi means: And sometimes it is taken from Al-mantooq (المَنْطُوق); and it is whatever pointed out to the ruling in the place of speech – in the wording/text (itself) (i.e. the ruling is taken directly from what is said).

Al Mantooq is the maf`uul of natq – uttering or speaking.

–          An example of Al-mantooq is the saying of the Prophet (sallAllahu alayhi wa salam) said: “Whoever Allah wants good for, he gives him understanding of the religion”; there is a ruling taken from within this text; and a ruling taken in opposition to it taken from outside the text. That which is taken from within the text is called mantooq; and that which is taken from outside the text is called mafhoom. From within the text (mantooq) we take that whoever Allah wanted good for He will make him comprehend the religion; and from outside of the text (mafhoom) we understand that whomever Allah didn’t want good for He won’t make him comprehend the religion. So Mantooq is taken from what is said; and Mafhoom is taken from what is meant (other than what is said).

TEACHERS NOTES… (click the screen shot to view at 100%)

– wa taaratan tu’khadu minal-mafhuumi.   means: “And at times it is taken from Al-mafhoom (المَفْهُوم)- what is understood;  “

 – wa huwa:  maa dalla `alal-hukmi bimafhuumi muwaafaqatin in kaana musaawiyan lilmantuuqi aw awlaa minhu aw bimafhuumil-mukhaalafati,  idhaa khaalafal-mantuuqa fee hukmihi likawnil-mantuuqi wusifa biwasfin aw shurita feehi shartun idhaa takhallafa dhaalikal-wasfu awish-shartu: takhallafal-hukmu.  means: “And it is what pointed out the ruling by “mafhuum muwaafaqah”  – a matching understanding – if it was equivalent to al mantooq or greater/worthier/more deserving than it. ”  (meaning of a worse meaning than it)  or by mafhuum mukhaalafah…”

Here ustaadh explained to us the mafhoom (the ruling taken out of the text)

   The Mafhoom are of two types:

  1. Mafhoom al-Muwafaqah: it is the meaning taken from the text which matches and goes according to the text; and it is of two types.
    1. It is either equivalent to the Mantooq; this is called Lahnul Khitaab. For example: according to the verse in the Quran, it is haraam to say “uff” to the parents; thus if one were to say “ugh”, this would be equivalent to the ruling of the mantooq (i.e. “uff”) in the verse; this is lahnul khitaab.
    2. Or it is greater than the Mantooq; this is called Fahwal Khitaab. For example: according to the verse it is haraam to say “uff” to the parents; thus if one were to say “get out of here!!”, this would be greater (more severe) than the mantooq (i.e. “uff”) in the verse; thus it would share the ruling due to it being greater and more worthy of it; this is fahwal khitaab.

2. Mafhoom al-Mukhaalafah: it is the meaning taken from the text which is in opposition to the meaning of the text; it is opposite the understanding of the mantooq in its ruling.

Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 10

بسم الله الرحمن الرحيم

The links to the WIZIQ recordings are now kept at: Establishing the Principles  We ask Allaah to grant a great reward to our fellow student and noble sister who provided summarized notes for the remaining classes.

REVIEW>>>

Fil-Kitaabi was-Sunnah

Regarding the Book (Quran) and the Sunnah

-26 Ammal-Kitaabu

What is the Kitaab?

Fahuwa haadhal-Quraanul-`atheem, kalaamu Raabil-`Aalameen

  It is the great Qur’aan, it is the word of the Lord of the worlds (all that exists).

nazala bihir-ruuhul-ameen `alaa qalbi Muhammadin Rasuulillaahi Sallallaahu`alayhi wasallam 

descended with it, the trustworthy spirit (Jibreel `Alayhis-salaam) onto the heart of Muhammad the Messenger of Allaah (sallallaahu `alayhi wa sallam),

Liyakuuna minal mundhireen, bilisaanin `arabiyyin mubeen, lin-naasi kaffatan, fee kulli maa yahtaajuuna ilayhi min masaalihi deenihim wa dunyaahum

So that he may be of the warners ( because he is  the  Messenger), with a plain/clear/manifest Arabic tongue (language) (fusha),   for all mankind for everything of which they are in need of  –  of the advantages of their religion (deen)  and their life (dunyaa).

CONTINUING WITH CHAPTER: THE QURAN AND SUNNAH >>>

What the Shaykh meant with his saying:  “Everything they are in need of of the advantages of the deen and dunyaa” is that this covers three types:

  1. The rulings related to creed (Aqeedah); such as believing in Allah, His angels, His messengers etc.
  2. The rulings related to behavior and etiquettes; such as the actions of the heart, purifying oneself, manners etc.
  3. The rulings related to practice (i.e. actions); and this is of two types:
    1. Ibaadat: rituals
    2. Mu’aamalaat: worldly dealings; buying, selling, marital etc.

CONTINUING THE TRANSLATION >>>

 – 26 Wa huwal maqruu’u bil-alsinati, almaktuubu fil-masaahifi, almahfuuthu fis-suduuri.  Alladhee: لَّا يَأۡتِيهِ ٱلۡبَـٰطِلُ مِنۢ بَيۡنِ يَدَيۡهِ وَلَا مِنۡ خَلۡفِهِۦ‌ تَنزِيلٌ۬ مِّنۡ حَكِيمٍ حَمِيدٍ۬(fussilat 42)  means: And it is the one read by the tongues; and is written in the Mushafs; preserved in the chests; to which “falsehood cannot come from before it or behind it, it is sent down by the All-Wise, worthy of all Praise. (allaah Subhaanahu wa Ta’Aalaa)” (Fussilat: 42).

–          …and it is the one read by the tongues: meaning Allah commanded us to worship him by reading this Quran; whether in prayer or outside of it.

–          …and is written in the Mushafs: meaning that which is written in the Mushaf today is the word of Allah.

–          …and is preserved in the chests: meaning it is memorized in the hearts -generations after generations memorzied this book unlike any other religion. No one would dare to change a word of  it because of Allaah specifying that He has preserved it both in writing and in the hearts of men.

–          In conclusion, the Shaykh mentioned seven qualities of this Quran:

  1. It is the word of Allah
  2. Sent down by a Messenger (Jibreel- `alayhis-salaam) to a Messenger (Muhammad- sallallaahu `alayhi wasallam), to all of mankind and jinn
  3. In clear manifest Arabic
  4. Read by the tongues
  5. Recorded in the books
  6. Memorized by the hearts
  7. Preserved from corruption

SIDE NOTE *** The Qur’aan has been given many names because of  its many special attributes. ***

This is the first source of evidence in detail.  Then He started talking about the second source of evidence in detail:

-27 wa ammas-sunnatu:  fainnahaa aqwaalun-nabiyyi (Sallallaahu`alayhi was-sallam) wa af`aaluhu, wa taqreeraatuhu `alal-aqwaali wal-af`aali.  means: As for the Sunnah: it is the sayings of the Prophet (sallAllahu alayhi wa sallam), his doings, and his approvals of sayings and doings.

Now the author starts to speak about what the text points out to (what you take  from the Quraanic text or text from Sunnah:

-28 Falahkaamush-shar`iyyatu:  means: Therefore the legislative Islamic rulings:

-taaratan: tu’khadu min nassil-Kitaabi was-Sunnati: wa huwa: Al-lafthul-waadhihul-ladhee laa yahtamilu ilaa dhaalikal-ma`naa  means: at times it is taken from texts – An-nass (النَصّ) from the Quran and Sunnah; And it (النَصّ) is the clear word spoken which does not withhold/tolerate except that meaning (i.e. those text which clearly prove only one meaning).   AN EXAMPLE:  Allaah’s saying in 5/38 about cutting the hand of the thief –  there is no other meaning to be taken from it.

 

–          Shaykh Abdullah Fawzaan (the one who explained this book) mentioned about the ruling of An-nass: “It is obligatory to follow; unless an authentic evidence interprets it otherwise, or specifies it, or abrogates it.”

So for example: there is a verse which states: “do not marry the polytheist women”; and another which states “the chaste women of the people of the scripture are lawful to you”. If we add the two together, it would mean: do not marry the polytheist woman, except the one from the people of the scripture. So the first verse here was An-nass, and the second verse specified it. “The polytheist women” clearly proves its given default meaning; however, the second verse specified/exempted from the polytheist women the ones of the people of the scripture.

– wa taaratan tu’khadu min thaahirihimaa.  wa huwa:  maa dalla `alaa dhaalika `alaa wajhil-`umuumil-lafthiyyi awil-ma`nawiyyi means: And sometimes it is taken from Ath-thaahir (الظَّاهِر); and it is whatever indicated the meaning from the aspect of the inclusiveness either in wording or in meaning (i.e. those text which could withstand more than one meaning; with one of the meanings being more apparent).

–          The scholars of ‘Usool mention as an example to Ath-thahir: the saying of the Prophet (sallAllahu alayhi wa salam): “Make wudhu from camel meat”; wudhu can give the meaning of ablution, or cleanliness (i.e. washing hands and mouth after eating camel meat); as the linguistic meaning of wudhu is cleanliness, and the Islamic meaning is ablution.

The ruling regarding Ath-thahir is: it is obligatory to follow the apparent meaning, unless it is proven otherwise. And if the word had an Islamic (shar’ee) meaning, then we give it this meaning, as this is what is apparent; this is as long as the word has a shar’ee meaning.

In the example regarding camel meat –  we would say the apparent meaning is to make wudhu after eating camel meat, and we have to follow this apparent meaning.  Whoever says that this is only cleaning or that it  is mustahaab and not  waajib –  then he is asked  to bring a proof and if he cannot bring a  proof then it is not permissible  for  him to leave the apparent meaning for the unapparent meaning fi he does not have a  daleel for  that.    …

~END of DARS ~

Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 9

بسم الله الرحمن الرحيم

The links to the WIZIQ recordings are now kept at: Establishing the Principles

Our Teacher began with praising Allaah Ta’Aalaa  then sending salaat and salaam and blessings on the Messenger of Allaah, Muhammad (sallallaahu`alayhi wasallam) and on his house of kin and companions and all those who follow them exactly until the Day of Judgement, what follows:

CLARIFICATION >>>

What was previously mentioned concerning the meaning of Imaam As-Sa`adi’s words:  و أكثر الأحكام المهمّةِ: تجتمع عليها” الأدلّة الأربعةُ” ـ”   … was correct. The Shaykh wants that most of the important rulings have all four evidences gathered together to prove it.  The clearing of this confusion from what Ustaadh understood from what the scholars said is that the condition for Qiyaas is that it does not contradict any of the previous three.  (a Qur’aanic text or a Sunnah text, or an ijmaa’)  Although we said the qiyaas is basing an issue which does not have a mentioned ruling on another which does …  the schoalrs say it is permissible to mentiona qiyaas which the other evidences already proved.  For example:  As-Salaah.  The Qur’aan, the Sunnah, and the Ijmaa’ all prove the obligation of Salaah.  now  can we prove it with qiyaas also?    Remember, we have said that qiyaas is basing an issue which does not have a mentioned ruling on an issue which does, and here we have to do  Qiyaas (as long as we able of that)  But in the second situation –  when there is an evidence from one or all of the previous three, does that  mean we can’t do qiyaas. No  it does not. As long as the Qiyaas does not  contradict the first evidence.  as long as its upports it,then it is allowed.  Thw Qiyaas would now be considered extra proof.  good to good …   such is permissible to strengthen the  importance of  the issue.

THERE ARE TWO TYPES OF QIYAAS:

  1. THE INVALID QIYAAS  is that which  contradicts a given evidence from the Kitaab or Sunnah
  2. THE VALID QIYAAS is that which does not contradict… and it is not a condition when proving an issue by Qiyaas that there is not evidence from the first three sources already in place.  Proving an issue by Qiyaas -which is  already  proven  –  is done so  for extra proof.   Some scholars even bring extra evidence with weak aahaadeeth that have a correct meaning.  ( The scholars that allow for using weak hadeeth do so with conditions:
    1. it falls under a proven ruling  –  it supports a proven evidence.
    2.  it  is  not very weak (fabricated, a lie, )  otherwise if  the weakness was due to the weakening of the  narrators memory for  example- a weakness which could be mended if there was another hadeeth like  it … but  to fully understand this one would have to study the science of  hadeeth)  For example  if thier are two weak hadeeths and they are both not of a strong weakness, then they both strengthen each other thus reaching a levvel of authentication)
    3. we don’t take a ruling from it –  we only use it to strengthen a proof that is already there and authenticated.  There is fourth but not recalled.

Considering those conditions, then bringing the weak hadeeth does not affect the evidence already supporting a ruling on an issue.   Other scholars say that it is not justified that you mention the weak hadeeth not in any case and it may be that this is the  strongest view because in the authentic hadeeth is  SUFFICIENCY.  We dont need the weak aahaadeeth since we have enough Aahaadeeth which are authentic and which can prove the rulings that we want or even proving the merit of a certain act or  certain ritual in Islam.

*** SO if you mention Qiyaas as an additional unnecessary proof to further confirm and support an already proven evidence then there is no harm in that ***

REGARDING Shaykh Abdullah Al-Fawzaan’s explanation of this point (given in previous class) –  it does not necessarily mean that Qiyaas is only used when there is no evidence and it is not permissible to  use  qiyaas when there is an evidence.  The Shaykh only mentioned that when there is no evidence from the first three then Qiyaas is a legal way to prove a ruling.  But he didnt say anything about it being used as an additional supporting evidence.

SO the final translation for the saying:  و أكثر الأحكام المهمّةِ: تجتمع عليها” الأدلّة الأربعةُ” is:  Most of the important rulings have the  four evidences gathered together in proving them.

THE TRANSLATION >>>>

(the following points are referring to the “Aktharul-Ahkaam.”

-21 Tadullu `alayhaa:  Nusuusul-kitaabi was-sunnatimeans:  The Qur’aanic text and the Sunnah prove them.

-22 Wa yujmi`u `alayhaa:  al`ulamaa’u  means: And the scholars unanimously agree upon them

-23 Wa yadullu `alayhaa:  Al-Qiyaasus-Saheehu  means: The valid Qiyaas proves it

The Shaykh mentioned four descriptions so far regarding the important rulings:

  1. All four sources all together prove them  (MEANING:)
    • The context of  Quraan and the Sunnah prove them
    • The scholars unanimously agree upon them
    • The valid qiyaas proves it

The last three points are an explanation to the first point.    Then he gave you a reason as to why most of the rulings have all four sources of evidence proving them all together:

-24 Limaa feehaa minal-manafi`i wal-masaalihi,  in kaanat ma’muuran bihaa, waminal-madhaarri in kaanat manhiyyan  `anhaa means:  “Because of what it holds of the benefits and advantages if they were commanded and of the disadvantages if they were forbidden.

  • limaa feehaa  means “Because of what it holds/contains”
  • min means “of”
  • Al-Manaafi` means: “the benefits”
  • Al-Masaalihi means: “the advantages”

 All of the important rulings have all four sources of evidence proving them all together because of what those important rulings contain of the benefits and the advantages….  because the author told us in the previous page:  “Whatever had a pure or stronger advantage, the Legislator ordered it or commanded it.” 

Then the Shaykh said something which is very  strong because to prove such a  thing it needs deep and great knowledge:

-25 Wal-Qaleelu minal-Ahkaami: yatanaaza`u feehil-`ulamaa’u, wa aqrabuhum ilas-Sawaabi feehaa; man ahsana raddahaa ilaa haadhihi “alusuulil-arba`ati”  means:  “And few of the rulings the scholars dispute in and the closest ones to righteousness concerning those rulings is he who was good  at taking them back  to those four sources of evidence.

Meaning compared to the previous mentioned important rulings, the rulings in which the scholars have disputed in are very few.

One might  ask:  How  is it  there are few when according to what we hear there are alot  of  issues which are disputed amongst the scholars?  The Shaykh gives the answer indirectly,as if he is  saying: “The reasons of dispute are not considered when the dispute is weak.   How  is  that?  The reasons of dispute are many –  (this was related in the series of  classes on the book by  Shaykh Ibn `Uthaymeen –  the differences amongst the scholars …)  And from the reasons would be:

  • not having heard of a hadeeth
  • difference in authentication
  • belief that no contradicting evidence exists

It is also based on the level of knowledge –  those with more knowledge have less disputes.   The scholar that is firmly grounded in knowledge has mastered the tools of understanding to the point that he is able to base the issues that he wants to find a ruling for on the known sources of evidence.  All of the scholars follow the same principles. and they do not differ in the  foundationof the principle but  there may be few differences in how to apply it.

That is why the Shaykh  wanted to get your attention to that point -and right after stating that there are few rulings in which the scholars differ he stated that the one that is closest to righteousness regarding those issues, is he who was very good at basing them and taking them back to those four sources of evidence.

CHAPTER >>>

Fil-Kitaabi was-Sunnah  means:  Regarding the Book (Quran) and the Sunnah

-26 Ammal-Kitaabu means:  What is the Kitaab?

– Fahuwa haadhal-Quraanul-`atheem, kalaamu Raabil-`Aalameen means:  It is the great Qur’aan, it is sthe word of the Lord of the worlds (all that exists).

– nazala bihir-ruuhul-ameen `alaa qalbi Muhammadin Rasuulillaahi Sallallaahu`alayhi wasallam  means:  descended with it, the trustworthy spirit (Jibreel `Alayhis-salaam) onto the heart of Muhammad the Messenger of Allaah (sallallaahu `alayhi wa sallam),

Jibreel heard it from Allaah –  it is the Word of Allaah.  He spoke it like no one else speaks – a speaking that suits His glory and Might like no other speaking (…there is none like Him…) it suits His Majesty –  He spoke it to Jibreel and no one else heard it.  This is what makes Jibreel -alayhis salaam the best angel and the highest ranking –  he is  the  one  trusted with the greatest trust – the Word of Allaah Subhaanahu wa Ta’Aalaa.  JIbreel took it  from Allaah and read it to  Muhammad the Messenger of Allaah (sallallaahu `alayhi wa sallam).

Why was this Qur’aan sent down with Jibreel onto the heart of Muhammad  (sallallaahu `alayhi wa sallam)? …

– Liyakuuna minal mundhireen, bilisaanin `arabiyyin mubeen, lin-naasi kaffatan, fee kulli maa yahtaajuuna ilayhi min masaalihi deenihim wa dunyaahum means:  So that he may be of the warners ( because he is  the  Messenger), with a plain/clear/manifest Arabic tongue (language) (fusha),   for all mankind for everything of which they are in need of  –  of the advantages of their religion (deen)  and their life (dunyaa).

All of the Messengers before Muhammad the Messenger of Allaah (sallallaahu `alayhi wa sallam), were sent strictly to their people but  Muhammad the Messenger of Allaah (sallallaahu `alayhi wa sallam), wassent to all people from the beginning of his message to the Yawmal-Qiyyamah.

Everything that you need is in the Qur’aan whether regarding your Religion or your worldly affairs.

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

بسم الله الرحمن الرحيم

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

Our Teacher began with praising Allaah Ta’Aalaa  then sending salaat and salaam and blessings on the Messenger of Allaah, Muhammad (sallallaahu`alayhi wasallam) and on his house of kin and companions and all those who follow them exactly until the Day of Judgement, what follows:

Next Chapter >>>

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

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

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

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

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

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

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

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

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

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

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

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

All  Fiqh goes back to those four.

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

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

Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 7[2]

 بسم الله الرحمن الرحيم

Our Teacher began with praising Allaah Ta’Aalaa  and sending salaat and salaam and blessings on the Messenger of Allaah, Muhammad (sallallaahu`alayhi wasallam) and on his house of kin and companions and all those who follow them exactly until the Day of Judgement, what follows:

Review and an Exhortation >>>

The author said: Those five rulings vary very much according to its state levels and outcomes. Whatever had an advantage which was pure or stronger, the Legislator ordered it in an obliging manner or a recommended manner. And whatever had a disadvantage which was pure or stronger, the Legislator forbade it in an obliging manner or a recommended manner.  And an example  of an advantage or disadvantage being stronger is in Quran 2/290 … 

So when we look to what is an advantage and what is a disadvatage, we go by what the Legislator says- and accept what He chooses for us  because Allaah knows what is best for us  and He knows us better than we know our ownselves.  So this is all in the consideration of the Legislator Himself.  And that is why the Rasool sallallaahu`alayhi wasallam said what means:  I have not left anything which gets you closer to Paradise except I have ordered you to do neither have I left anything that gets you further away from the hellfire except that I have forbid you to do.  So part of a Muslims belief is that he believes Allaah Subhaanahu wa Ta’Aalaa will never command him to do something that is bad for him, because this is of thinking bad about Allaah.  When Allaah orders you to do something, you should always believe and never doubt- as a Muslim, that Allaah presecribed this upon you because it is what is BEST for you,  Even if you didn’t understand it.  Some things you might not understand at first, especially if you don’t want to believe in it –  but this is very dangerous not to believe that whatever Allaah ordained for us is best for us.  Not even for a second.  This belief might be a reason for your heart to be sealed forever until you meet Allaah with the torment.  Allaah said in the Quraan which means:  And We shall turn their hearts and their eyes away (from guidance), as they refused to believe therein for the first time, and We shall leave them in their trespass to wander blindly. (6/110)  So even refusing it on the first time could be a reason for your heart being sealed from the guidance of Allaah forever.

So when you hear a command from Allaah or His Messenger, never doubt that it is what is best for you even if you dont understand the hikmah out of it –   but that is not a condition for you to obey it – you should start following it right away.  Allaah did not imply upon you that you know the wisdom of something before following  … this is not a choice as Allaah said which means:  It is not for a believer, man or woman, when Allâh and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allâh and His Messenger, he has indeed strayed in a plain error. (33/36) 

And more blessed verses: (24:47-52) which mean: They (hypocrites) say: “We have believed in Allâh and in the Messenger (Muhammad), and we obey,” then a party of them turn away thereafter, such are not believers. (47)   Allah tells us  this not to follow the ways of the disbelievers. (as was taught in Kitaab at Tawheed classes).

And when they are called to Allâh (i.e. His Words, the Qur’ân) and His Messenger, to judge between them, lo! a party of them refuse (to come) and turn away. (48) But if the truth is on their sides, they come to him willingly with submission. (49)  This is not being submissive to Allaah, this is being submissive to your whims and desires.

Is there a disease in their hearts? Or do they doubt or fear lest Allâh and His Messenger  should wrong them in judgement. Nay, it is they themselves who are the Zâlimûn (polytheists, hypocrites and wrong-doers). (50)

Then Allaah Ta’Aalaa said what every believer should say and do:

The only saying of the faithful believers, when they are called to Allâh (His Words, the Qur’ân) and His Messenger, to judge between them, is that they say: “We hear and we obey.” And such are the successful (who will live forever in Paradise). (51) He didnt say: “We hear we think about and then we obey”  or “we hear and if it is convincing to us then we obey.”,  no it is simply:  “we hear and we obey,”  If we believe in Allaah then we believe He has to be obeyed and if  we believe in the Prophet Sallallaahu`alayhi wassallam, we believe he has to be obeyed  because obeying him is obeying Allaah.  And whosoever obeys Allâh and His Messenger, fears Allâh, and keeps his duty (to Him), such are the successful ones. (52)

There are many principles regarding the last two sentences that we read (“so whatever advantage was pure/plain (khaalisah) or  stronger (raajihah),  the Legislator ordered it either in an obliging manner (waajib) or in a recommended manner (mustahaab)”   and  “And whichever had a pure disadvantage or  a stronger one, the Legislator forbade it either in an obliging manner (haraam) or a recommended manner (Makruuh).”)    They are so concise but each sentence contains within it many other principles that are not going to be detailed here.  There are many conditions to those principles and Inshaa’Allaah in the future we will get into understanding them.

New Material >>> 

The Translation >>>

Fahaadhal-Aslu yuheetu bijamee`il-ma’muuraati wal-munhiyyaati.  means:  “This principle (which those two points contained) encompasses all the commandments and the prohibitions.

  • Yuheetu means “encompasses”
  • Jamee` means ” kull”  or “all”

The author is about to talk about a second  type of mubaah- The 2st type is the one which we have defines.  al-mubaah is the permissible and as the author said: mustawit-tarafayn.  It doesn’t concern any praising or dispraising.  Here is the second type of Mubaah:  the mubaah which lead to something else. It became one of  the leading means to something else which has another ruling

14- Wa ammaa “al-mubaahaatu”:  Fainnash-Shaari`a abaahahaa wa adhina feehaa:  wa qad yatawassalu bihaa ilal-khayri, fatulhaqu bil-ma’muuraati wa ilash-sharri fatulhaqu bil-manhiyyaati  means: As for the “permissibles”, the Legislator has made it permissible and  allowed it.  And it (meaning the mubahaat) could be a leading means to good, thus it will be made to fall under the things commanded (the commandments – whether in an obliging manner or a recommended manner)  or to evil thus it will be made tofallunder the things forbidden.

 A precise meaning for the translation is:  “Those things which are permissible might be:

1.  Means leading to good, thus being included in the things commanded. 

2. or to evil thus  being included in the  things forbidden (whether in an obliging manner or in a recommended manner.)

Al Ma’muuraat means:  the things commanded

Tulhaq means: made to follow

  • it is the opposite of passive it does not mean “it follows” but means “it is made to follow” 

Saying: “thus being included” meaning it will be made to fall under the commandments. – Someone included them

This is because Allaah Subhaanahu wa Ta’aalaa through His Prophet sallallaahu`alayhi wasallam taught us that whatever is a means to good is  ordered to do as well, either in an obliging manner or a recommended manner.

It makes it one of the commandments not in itself but because of something else.

Al Mubaah in itself is something which is not  commanded but  this  thing which is permissible might be the only means leading to that which is waajib- like going to a circle of knowledge. How will you go to the  circle of knowledge? Walking in itself is mubaah – no one can make it obligatory upon you to walk or say it is prefered or makrooh or muharram. 

But if there is a circle of knowledge  in your area and the only way you are going to gain that knowledge is if  you go there then this walking to gain that knowledge becomes obligatory becuase it is the only way to get to that  means of seeking knowledge, So the thing which is mubaah and is a means leading to what is waajib or mustahaab, then it becomes included in the commandments.

….or to evil thus being included in the  things forbidden (whether in an obliging manner or in a recommended manner)

So for example: “Sitting down” in itself is mubaah –  it  is  not ordered neither is it forbidden. But if sitting somewhere includes that you participate in somethingwhich is  haram, it will become haraam.  If you are sitting somewhere and suddenly the people start backbiting someone and you try to advise them but they didn’t listen –  they kept on with it –  now you remaining sitting there will be impermissible.  Because now  it has become a means for you to participate in this  haram thing they are doing.  This is why Allaah said in 4/140  which means:  And it has already been revealed to you in the Book (this Qur’ân) that when you hear the Verses of Allâh being denied and mocked at, then sit not with them, until they engage in a talk other than that; (but if you stayed with them) certainly in that case you would be like them. Surely, Allâh will collect the hypocrites and disbelievers all together in Hell,”.  So sitting in itself was not haram but when it was leading to being among the ones who mock the  signs orverses of  Allaah, it was included in the things forbidden. 

So when that thing which is permissible lead to something thatwas waajib then it became commanded itself and when it was leading to something haraam then it  became muharram itself. – 

fahaadhaa aslun kabeer:  Inna wasaa’ila lahaa ahkaamul-maqaasidi  means:  “Therefore, this is  a great principle that the means have the rulings of what they are means to.  (The means have the same ruling of  their outcomes.)”

Aslun means:  “Principle”

Kabeer means: “great”

wasaa’il means: ” the means”

Lahaa means:  “have”

Ahkaamul maqaasid means: “the rulings of  the outcomes”  maqaasid is the plural of maqsad  and maqsad is a goal –  something that you aim to that you want to  reach to.

wa bihi na`lamu anna:means:  “and by it (this great principle) we  know/acknowledge that:

– “maa laa yatimmul- waajibu illa bihi; fahuwa waajibun”  means: Whichever leads to the obligatory is obligatory  (literally it  means: whatever the obligatory isn’t accomplished except through is obligatory)

  • Yatimmu means “complete” but  here in this sequence it means:  “accomplished”
    EXAMPLES: Walking becomes obligatory upon the men in order to go to the masjid to pray salah,  travelling becomes obligatory upon the people in order tomake hajj, buying clothes become obligatory on the people in order to cover the awrah. etc… Walking, travelling and buying are permissible but  in these casesthey become obligatory

-“wamaa laa yutimmul-masnuunu illa bihi; fahuwa masnuunun”  means:  and whatever the recommended is not accomplished except through it is recommended (also).

  • maa means “alladhee”,  “something”,  Here it means “whatever  .”
  • laa is negating
    EXAMPLES:  using Siwak and wearing perfume for jumu`ah are mustahaab and buying those things (perfume, siwak) become mustahaab because they are the means to these outcomes.
    ***BE CAREFUL*** Don’t understand from this principle that we have the right to legislate and make something obligatory which wasn’t made obligatory by the Legislator or something impermissible that wasn’t impermissible – but this principle is just to  clarify to you that whatever was commanded was only commanded because itleadsto what is best for you. So it is like explaining  to you the introduction of each thing that is waajib or  each thing that is  haraam  etc….   So whatever is waajib might be made that way because it LEADS to that which is waajib …

-“wamaa yatawaqqaful-haraamu `alayhi; fahuwa haraamun” means: and what the haraam depends on, then it is a haraam. 

EXAMPLE:  a man staying alone with a woman in a room  or laying your eyes on a woman who is not permissible for you.. this has been made haraam because  it leads to haraam –  it  is the first step to zina. “looking” is mubaah,but looking at a strange woman is haraam except in the condition/case when it is  permissible and that is when looking upon her for  marriage.  Because this type of looking is for a greater advantage (marriage).   And from this you know that the Prophet sallallaahu`alayhi wasallam only made it an exception in the case of marriage.  QUESTION:  if  the Prophet sallallaahu`alayhi wasallam made it an exception to look at a womans face in the case of marriage then what  would be the default ruling?  it is haraam.

  • yatawaqqaf  means “based on”  or ” depends on”

– wa “wasaa’ilul-makruuhi; makruuhatun”  means: “and the means to the things which are disliked, are disliked.”

Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 7

بسم الله الرحمن الرحيم

TRANSCRIBERS NOTE: Inshaa’Allaah we will begin updating and adding the rest of the notes on these classes starting from this class (class 7).   

Our Teacher began with praising Allaah Ta’Aalaa  then sending salaat and salaam and blessings on the Messenger of Allaah, Muhammad (sallallaahu`alayhi wasallam) and on his house of kin and companions and all those who follow them exactly until the Day of Judgement, what follows:

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Al-Waajib is whatever the Legislator commanded in an obliging manner.  (Salah, Zakah, Siyaam, Truthfulness, dutifulness to parents etc…)

Al Haraam is the opposite of Al Waajib.  It is whatever the Legislator forbade in an obliging manner.  (Al-Gheebah, Az-Zina, Al Hiqd, Al-Hasaad etc…)

Al-Masnuun is the preferred.  It is that which you get rewarded for  doing and you don’t get punished for leaving.  (sunan prayers, as-siwaak, wearing perfume and best clothes to Salah (for men). other synonymous words are:  At-tatawwaa, An nafl, mustahaab.

Al-Makruuh is disliked – it is  opposite al-Masnuun.  You get rewarded for leaving it and not punished for doing it. (giving by the left hand, touching private part with right hand while  urinating,)

These definitions are according to the outcome and result, but from the aspect of the actual meaning of al masnuun and al makruuh  is whatever the Legislator commanded not in an obliging manner (alMasnuun) and whatever the Legislator forbade not in an obliging manner (al-makruuh).

Mubaah –  whether you do it or  you don’t do it,  it is the same:  there is no praising in doing it  neither are you criticized if you don’t do it.  It is something which the Legislator made permissible – it is halaal.  (bathing to cool the body, sexual intercourse with spouse in the night of Ramadhaan).  For the sake of something else this can turn to be something else (another ruling)  and that was clarified in the previous class.

Al-Waajib has many aspects regarding the types it parts into.   It is of two types but  from different aspects:  It is of 2 types concerning the doer  of  the waajib  and it is of 2 types concerning the  time of it.  In other words, from the aspect of the time it  is done there  are 2 types and from the aspect of the doer it is  of  2 types.

Concerning the doer the  2 types are:

1. Fardhu `ayn –  whatever is obligatory on each and every person individually  that is why  the author said: It is asked of to do from every mature sane person. and it is most of the  mandatory Islamic rulings.  (most of the mandatory islamic rulings are  of  this type).  like purification, the five daily prayers, being dutiful to parents, keeping the family ties etc…  Everyone has to do for himself as long as he is able  to do it by himself then he has to do it by himself becasue he is ordered to it.  (if he is not able to do it  for himself then that is a different case.

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2. Fardhu Kifaayah –  Al kifaayah means “sufficiency”  Meaning it  is obligatory  depending on sufficiency.  This means that if some do -others don’t have to.  There has to be a sufficient number doing it to the point that they will suffice others.  If some take on the responsibility of doing this and they suffice others, then they drop off  this responsibility from the others.  What is meant is that there is a sufficient number practicing this resposibility to suffice others.   Like learning the beneficial worldly sciences and industries and the athaan, washing the dead corpse and salatul janaazah and burying the  dead, not every individual has to  be a scholar and teach people their deen –  rather it  is fardhu Kifaayah  also practicing judiciary and giving fataawaa…  But this fardhu kifaayah – as regards to the one doing it it is  fardhu `ayn on them.  When there is not a sufficient amount of people practicing this responsibility then all the people are in sin until a good amount of people take upon them this responsibility.

The Translation >>>

wa ilaa fardhi kifaayah wa huwalladhee yutlabu husuuluhu, wa tahseeluhu minal mukallafeen, laa min kulli waahidin bi`aynihi, kata`allumil-`uluumi was-sinaa`aatin-naafi`ati  wal’adhaan wal’amri bil-ma`ruufi wan-nahyi `anil-munkar wa nahwi dhaalika  means: “(just as there is fardhu kifaayah) there is a type of it which is fardhu kifayyah and it is whatever is asked to happen/to be (there) and to be sought from the sane and mature not from each and everyone individually. Like learning the beneficial sciences and craftsmanship  and the prayer call and enjoining the good and forbidding the wrongdoing and so on.”

  • fardhu kifaayah  is the opposite of the first – 
  • sinaa`aat can mean manufacturer or industry but here what is meant is the occupations/professions or the craftsmanship 
  • An naafiah is an adjective to both Aluluum and Sinaa`aat 
  • Enjoining good and forbidding evil is not obligtory on everyone in the sense that not everyone is able to forbid evil by their hands – Yes it is obligatory on everyone to do so by their heart but only those in authority can do so by their hands and only those with knowledge (scholars) can do so by their tongue.    With regards to individuals-  then it is according to ability.  Like doing so within your family and as long as no disadvantage will occur from your forbidding.   From an individual standpoint – is not a matter of choosing but  a matter of ability and taking into consideration that something more evil won’t result from your forbidding.  A similarity is as Allaah forbade us in the Qur’aan to slander the gods of the polytheists (although they deserve every slander)  but this forbiddance was because more evil would result from doing so –  the polytheists would slander Allaah without knowledge.   An in the hadeeth – the Rasool Sallallaahu`alayhi wasalaam, wanted to rebuild the ka`bah and he said to Aaishah:  If it was not that your people just entered into Islam, I would have rebuilt the ka`bah.  So he did not rebuild it because there was more evil in doing it.  …  And teacher gave more example regarding the hasty youth of today busying the new Muslims with slandering people (saying it is allowable in some cases etc.)  and that we should start with the most important things first:  Tawheed, and the foundations of Islaam, etc…) Step by step according to what the individual can understand.  If you start with something like slandering individuals in the first place, that may vause them to leave Islam.  Although it is not truth, they may say that Islaam is tearing people apart.

wa haadhihil-ahkaamul-khamsah tatafaawatu tafawuutan katheeraa,bihasabi haalihaa wamaraatibihaa wa Aathaarihaa  Means:  ” And those five  rulings  – they vary so much, according to  its status, level and outcomes.”

So for example: Is the command of Tawheed and believing in Allaah and His Messenger like the command for wearing your best clothes to the masjid?  Or is it like the command to lick your fingers after you finish eating?  Or is it like the command to step into the masjid with your right foot?  No they are not  of the same level.  Is seeking knowledge like praying  the sunnah?  No- it  is no doubt that seeking knowledge is the best of all voluntary acts, especially considering that some of it is waajib.  And from the aspect of forbidding: Is forbidding Shirk like forbidding fornication and killing?  No and is forbidding fornication like forbidding walking in only one shoe?  No   – so they vary.

Famaa kanaat maslahaatuhu khaalisatan aw raajihatan: amara bihish-Shaari`u amra eejaabin awistihbaab means:  “so whatever advantage was pure/plain (khaalisah) or  stronger (raajihah),  the Legislator ordered it either in an obliging manner (waajib) or in a recommended manner (mustahaab).

  • This is just as what was clarified before.  Whatever Allaah commanded in an obliging manner or recommended manner is “al-Waajib” or “al-Mustahaab” (al-masnuun). That means that Allaah Ta’Aalaa only ordered us  to do that which was a pure advantage to us or a stronger one. It’s advantage is stronger than its disadvantages. For example: Al-Jihaad:  it’s disadvantages are exposing oneself to harm – getting hurt,maimed or killed,  in it is the loss of life  and loss of wealth.  Allaah said in the Qur’an (2:216) what means “Jihaad  is ordained  on you though you hate it.”   The hating it is due to to it risking our lives, leaving our families and wealth etc…  but comparing it to the advantages of it we can see that the advantages outweigh the disadvantages. The advantages being spreading tawheed throughout the land, destroying shirk, attaining martyrdom etc..).
  • A Pure advantage is one that has no disadvantage to it such as being just, being good to parents, being good etc…Tawheed, justice,  all pure advantages.

Famaa kanaat mafsadatuhu khaalisatan aw raajihatan: nahaa `anhush-Shaari`u nahya tahreemin aw karaahatin  means: And whichever had a pure disadvantage or  a stronger one, the Legislator forbade it either in an obliging manner (haraam) or a recommended manner (Makruuh).

A pure disadvantage is Ash-Shirk  and Ath Thulm (oppression).-  it is pure disadvantage  . That which has some advatage but the disadvantage is greater is like Al Khamr and Ar-riba.  The advantage iof Ar riba is an increae in wealth but this leads to oppresion and this is a greater disadvantage..  The advantage in Al Khamr is using it in buying and selling but the disadvatages are more as Allaah said which means:  :They ask you (O Muhammad ) concerning alcoholic drink and gambling. Say: “in them isa great sin, and (some) benefit for men, but the sin of them is greater than their benefit.” And they ask you what they ought to spend. Say: “That which is beyond your needs.” Thus Allâh makes clear to you His Laws in order that you may give thought.” (2/219)

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