 دبطه آدك الأيام فتاة وتنح دي مندوب لاس لسن ونحن في المباح which is أقسام الحكم التكليفة so we're in مباح we spoke about last lesson the ways that the مباح comes in the شريعة how we know that something is مباح we said ونثبت الإباحة بسيغ كثيرة وردت في النصوص الشرعية ومنها the first one was نفع الإثم والجناح والحرج that Allah He removes إثم, سن, بادن and all from the people now we gave evidences from the Quran the second way we said that something can be known that it's مباح is a text comes and it says it's حلال and we gave the example of the آية أحل لكم ليلة الصيام الرفث إلى نسائكم أحل ميت حلال the third one we said it was that a text is not present to say that it's حرام there's no present text that says it's حرام so we leave it at its original form which is that everything is permissible until proven it's حرام and we said that this is meant by المعاملات as for عبادات we said انتفاء الدليل دليل على بدعية وتحريني and we wrote the call of sheikh al-sambil bin-utamiya and he said انتفاء الدليل تحريني دليل على عدن التحريني which basically is الأصل في الأشياء إنها فرعة الحد جزاقة قائدة that every single thing is permissible every beneficial thing is permissible until a text comes and says it's not and that's of course transactions and you know not عبادة عبادة needs evidence to do it then what we said was the first two that were mentioned the first two which is نفيل إثم والجلاح والحرج and نصع على الحل the first two we said those are called إباحة الشرعية the third type that was mentioned we said it's called إباحة أصلية and we spoke about that last lesson we spoke about that and we gave evidence for the third one which is وهو الذي خلق علىكم ما في الأرضي جميعا الله created everything on the face of this earth for you all سألعوك as long as there comes no text and says it's حرام today we're going to go to the fourth way to find out if something is مباح الإمتنان بما في الأعيان من المنافع وما يتعلق بها من الأفعال تقوله تعالى ومن أو صافيها وأو باريها واشعاريها أثاثا ومتاعا إلاحين نمو فور الإمتنان الله mentions a blessing in which he's bestowed the people in a particular matter in which they are allowed to benefit from الله says I have brought this for you I have bestowed this for you I've given you this for you to benefit and use it so this is to show that it's مباح you're allowed to use it because الله تبارك وتعالى will not say I did this for you and show that he blessed us with something unless it's مباح if it's حرام then there's no need for Allah to tell us that he blessed us with it no we've mentioned it it's types to know how they are the ways that they come in the texts okay number five okay the fifth one is in the text in the text unless we don't want to go into much details because insha'Allah it will come to us when we come to the chapter of which is a text comes and then in that text there's a command and that command gets diverted from its obligation which the command generally what does it indicate a command that comes in the generally indicates that it's obligatory it's mandatory but unless there comes a text and diverts it from that original essence correct this is called a kareena I think that turns it away from its original essence which is that we have to do this thing it's called what a kareena this kareena makes it what it takes it away to إباحة sometimes sometimes and this is one of the ways to know that something is مباح I'll give you an example and with an example it becomes clear if you go to Surat al-Ma'idah if you go to Surat al-Ma'idah ayat 2 Allah says وَإِذَا حَلَلْتُمْ فَصْطَادُوْ when you وَإِذَا حَلَلْتُمْ this ayah says وَإِذَا حَلَلْتُمْ when you finish Hajj and you become Halal because in Hajj what were you محرم you were in a state of إحرام if you go to a state of حلال when you get out of إحرام and you leave the Hajj what did Allah say فَصْطَادُوْ go and hunt is it obligatory to hunt does one have to go and hunt even if it's a command now the علماء they say they say الأمر الأمر أودة that comes بعد الحذري after a prohibition if a command comes that command before it was what before it was what a prohibition that command will not show obligation it will show that what the thing that which the thing was before it was prohibited it will go back to its original form that which it was before it was prohibited are you all with me for example take this verse as an example الله tells us what وَإِذَا حَلَلْتُمْ فَصْطَادُوْ hunting at its original essence was what مُبَع مُبَع it got prohibited right are you all with me did it get prohibited yes in a state of إحرام are you allowed to hunt you're not allowed to hunt الله prohibited us not to hunt whilst you're in a state of إحرام are you all with me then you got ordered to go and hunt this order goes back to its original essence of what it used to be before it got prohibited what was it before it got prohibited مُبَع this is called قرينة القرينة التي تصرف الأمر من الوجوب إلى الاباحت تقوله تعالى such as وَإِذَا حَلَلْتُمْ فَصْطَادُوْ these are ways to find out that something is مُبَع so the one that we mentioned before this one is called الامتنان بما في الأعيان من الملافع وما يتعلق بها من الأفعال to say الله says that I blessed you with this you guys can benefit from it وما يتعلق بها من الأفعال from those evidence for that is what the evidence for that is the قول of الله تباركو تعالى the fourth one I missed which is the verse of الله in Surat Al-Nahr I-80 الله says وَمِنْ أَصْوَافِيهَا أَصْوَافِيهَا أَصْوَافِيهَا أَصْوَافِيهَا أَصْوَافِيهَا وَأُبَارِهَا إِسْفَا وَأشْعَارِهَا أَثَاتَااااااااااااااااا او إِسْفَا وَمَتْهَااااااااااااااا وَمَتَاعَاااااااااااااااااااااااااااااااااااااااااااا إن أحيني for a very short time الله said so the word the wool comes from the goat the fur comes from the camel and the ash'ar comes from the lamb الله is saying I bestowed these ones only so you can benefit from them it's in Arabic that's what Allah is saying the fifth one I said is القراءين التي تصرف يدفع هذا الوصول من المساعدة ويدفعها إلى إباحة مثل الثالث في سورة المائدة وإذا حلالتهم فسطادي هذا سيأتي لنا في أشخاص أشخاص أشخاص إن شاء الله في this book when we come to the chapter of al-amr commands so we're not going to dwell too much into it ويطلقوا المباح على المباح لفضل حلالي the word مباح is used sometimes as the word حلال حلال takes the past sometimes so there are synonyms of each other حلال even that though the word حلال is more general the word حلال is what عمو وعلي أنه يطلقوا على الأربعة because it's used for the four واجبه حلال مندوبه حلال مقروه حلال and even مباحه حلال so four of them are حلال so مباح حلال is slightly more comprehensive more general the question that now arises brothers is why is مباح أحكام التكليفية we took at the beginning when we were talking about أحكام التكليفية you all know about the تحكام التكليفي when we were speaking about it what did we say أحكام التكليفية what did we say أحكام التكليفية is إلزامو ما فيه مكلفة right we said anything that is in it we said شرعن it means what طلبو ما فيه مشقة it is to be requested of something that has a burning in it you see how does مباح enter that because مباح we know there is no there is no ما وجو إدخال المباح في الأحكام التكليفية معانه أولا كلفة فيه when there is no there is no there is no there is no there is no there is no there is no ما قاله جمهور الأصوليين what the majority of the أصوليين said what the majority of the أصوليين said which is من أن إدخال المباح في الأحكام التكليفية إنما هو على سبيل التغليب the وسوليين they said the reason why مباح was put under أحكام التكليفي is what are you with me is from the angle of تغليب تغليب means under generalization from the angle of generalizing something under something like the same way وها دستعمالوا مقلوف ومعروف بلوة العربية العربية that is something that this chapter of which is سبيل التغليب it's something that's very common amongst Arabic language we'll see the example for it وأسالي بها in the usage and in the words of the Arabs they use that type of thing such as for example they say ألس وداني the two blacks when in reality the only one that's black is water the date the water is a black even though they call the water and the water and the date Arabs they call it ألس وداني the two blacks which one is black the date is but then what happened they put the water under it this is the second example is the two fathers it's not two fathers it's it's like ها يبكر المعمر أسالي مين وعلى أبو بكر was why I called two Umarans that is called سبيل التغليب Arabs do use that it's common and that's why the majority of the are you with me the majority of the أصولين they say that's why مباح one enter it from that I'll go سبيل التغليب that's how he entered it that's the قول of the Jumu'ur that's the first view the second view is قول الشيخ ونعفيني said it is أصول من علم الأصول is one of the best if not the best he said no مباح has تكليف in it and he said تكليف because تكليف he said طالب is to be requested of something that has تكليف that has a burn in it right شيخ أبو عثمي he said it does have in it you have to believe that this مباح is a legislation from Allah and that's requested from you the belief is requested from you and if you choose to not believe it that is Allah permitted you can become a Catholic of it قاعد the belief he said is a مشقة it's a طلب does it is it not it's a طلب which you have to come with so the شيخ رحمه الله he said it does here رحمه الله he said what it is is مباح from there that's the second explanation the third one is the third explanation is that the usage of the word تكليف itself is a question who used this word و هذا الاشكال مبنوه على أن أحكام الشرعية this first of all the use of the word تكليف تكليف is actually saying that the Quran the Kitab and the Sunnah are hard burdens و هذا فيه نظر and this is there's a look to this not as as it should that's not the case فإن وصف أوامر الله to ascribe and to describe the orders of Allah و نواه and his prohibitions بأن تكليف that they are burdens قول المستحدث it's a newly introduced speech that word تكليف أول من استعماله the first person to ever use it or the first people to ever use it are المعتزلة the معتزلة or the first to use that word تكليف و لا يصيحوا إطلاقوا and it's not even allowed to generalize the word تكليف it's not allowed على جميع حكام الشرعية to generalize the usage of the word تكليف in all of the sharia of Allah فإن كثيرا من الفروض والواجبات فضل عن المباحات ليس التكليف ولا مشقات rather you can find some things are wajib and they are obligatory that don't have no take leave in it and no hardship in it لأ لون تكليف are مباح you see بل هي راحة و هداية و نور rather it's a it's راحة relaxation و هداية and guidance و نور and light from Allah this is how you should describe as Allah mentioned in the Quran الله كوزه راحة الله كوزه هداية و الله تبارك تعالى كوزه نور و قد وصف الله و تعالى حكام الشرعية باليصر and Allah referred to it as what يصر إن دينة يصر إن مع العسري يصر and Allah referred to it as ease و نفع عنها الحرج and Allah actually negated from his village any form of burden يقول الشيخ لسام إبليوتيميا إبليوتيميا و ليهادا because of that لم يجئ في الكتاب والسنة و كلام السلف it has not come in the Kitab nor the Sunnah not even the speech of the Salaf of this Ummah إطلاق القول على الإيمان ولا عمل الصالف إنه تكليف it has not come in the Kitab nor the Sunnah nor the speech of the Salaf to use to generalize the speech that the iman and righteous actions are تكليف burden كما يطلق ذلك كثير من المتكلمة والمتفقها the same way a lot of people who are the people of speech and also the people who claim to be فقهاء و إنما جاء ذكر تكليف في مضع النفي rather the usage of the word تكليف in the Kitab and the Sunnah you find it is used in a form of negation كقوله تعالى لك الله said لا يكليف الله نفسا إلا وسعها أي وإن وقع في الأمر تكليف فلا يكلف إلا قدر وصع أن if the تكليف does happen in the sharia then you are only requested to come with what you are able to do لأنه يسمى جميع الشريعة تكليفا not that the whole الشريعة can be called تكليف معانا غالبها قرة العيون والصرور القلوب والذات الأرواح وكامال النعيم even the majority of it is that which your eyes will find warmth in it your heart will find tranquility and ease you see your soul will find sweetness in it and it's completeness of blessing to call it what to call it تكليف all of it so according to that view every matter doesn't have to become a burden in order for us to say it's what for us to say that this is تكليف there are some ما جبات ما جبات لما even have مشق just because a person finds the Salah having no hardship in the prayer can we say that this Salah is not تكليف anymore so the issue here right now that's what شكل السلام المحضور والمكروه we're now going to go to the fourth and the fifth المحضور والمكروه والمحضور ما يثاب when we're now going to go to the fourth one which is اقسم the fourth one المحضور والمكروه what does محضور mean محضور means as مؤلف of the كتابinen says المعالم الجبل وасть is المجموع والمحضور محضور mean ما يثاب it is the thing that you will be rewarded على تركي by le equipped ويعاقب it will be punished على فعليه by doing it والمكروه and as for the مكروه ما يثابه it is the thing that you are going to be rewarded على تركيه to leave it ولا يعقبه and you are not going to be punished على فعليه by doing it so محضور is is the same as the word محرم it's حرام and it is حرام and محضور are the same meaning okay and what is the word محضور the sheikh used what does it linguistically mean اسم مفعول من الحضري it's an اسم مفعول and it comes from the word حضري which means المنع prohibition prohibition you قالوا they say حضرت الشيء إذا حرامته you قالوا the person says حضرت الشيء I prohibit حضرت الشيء is when you make something حرام you prohibit it راجع إلى المنع and it goes back to prohibition it goes back to prohibition such as as Allah said in the Quran ومنه قوله تعالى وما كان عطاء ربك محضورا and it isn't that which your Lord gave محضورا اي ممنوعا it is not something that can be prohibited again this definition of the author is تعليف الشيء defining the thing by what في اعتبار الرسل it's defining it by its outcome its result it's not really defining it by حقيقة وما هي حقيقة وما هي of it the real essence of it it hasn't defined it also as we mentioned in our previous definitions the user would have been better if he said ما يثابه على تركه in detail and it's antidated ويستحق عقابه ويستحق ويستحق فعيله العقاب ويستحق فعيله العقاب and the one who does it he deserves to be punished and remember paying attention that not all the prohibitions are the same in terms of rulings now some prohibited see something that are prohibited are you are a sinner for doing it some you are a magesine duo what you're doing is a magesine and some you become a disbeliever because of it something which you're prohibited from if you do it you become a disbeliever such as شرك such as abandoning the prayer they are things if you if you don't listen to the command or you don't stay away from that which you're prohibited from شرك you're prohibited from you're also prohibited from تركه صلاة abandoning the prayer you become a disbeliever because of it that is what it means linguistically technically it means ما طالب الشرع تركه طالبا جازمة it is what the شريع the كتابة النسونة have requested from you to leave it in a forceful manner from the actions are like اقوق الواردين the disobedience towards your parents وإسبالوا في يام letting your garment below your ankles from the speeches like what also speech كالغيبة والنميمة غيبة النميمة backbiting النميمة bringing problems between the brothers two brothers or two sisters the last one which is اعمالوا قلوب actions of the heart that are prohibited for you to come with as well which is what كالحققدي والحسن enmity and jealousy so when we said when we said ما طالب الشرع that which the شريع are requested you تركه to leave it what left تركه what the شريع are requested for you to leave what leaves that definition الواجب والمندوب والمباح because the wajb the sharia are didn't request for you to leave the mandob the sharia are did not request for you to leave the مباح the sharia are did not request for you to leave then the the second part طالب جازمان what left the مكروه because the مكروه is not طالب جازمان so that's how a definition should be والحرامو the حرام brothers is which is the محضور is ضد الحلال is the opposite of حلال the واد محضور حرام are the same so حرام is the opposite of what حلال so for example you say هذا حلال وهذا حرام for example you say this is حلال this is حرام the opposite of each other as Allah said in the ayah ولا تقول لما تصف ألسينتكم الكذبة هذا حلال وهذا حرام لتفتروا على الله الكذب you see ولا تقولوا دناسي لما remember we took that واد محضور we took the music of the واد محضور ten from them was what مزدرية وما is a مزدرية so what do you say you say ولا تقولوا دناسي لما تصفوا so you say ولا تقولوا لواصف ألسينتكم otherwise مزدرية so you say لواصف ألسينتكم the describing of your tongue الكذب الله هذا حلال you say this is حلال وهذا حرامو and this is حرام لتفتروا على الله الكذب say about Allah that which is lies so حرام and حلال opposite to each other in that same verse وقائي one hundred and sixteen صورة النحل also the أصوليين sometimes they say حرام is the opposite to واجب they say الحرامو ضدوا الواجب حرام is the opposite to واجب that also isn't a wrong definition that's also not wrong because why فإنما هو باعتمال تقسيم أحكام تكليفي فيعرفوا الحرامو بضد التعريف واجب كما تقدم the same way look if you look at it they are referring to when it's in أحكام تكليفي the way you will define the رسم the result of the واجب and the way you define the result of the حرام is the same how do you define the واجب you define the واجب by saying ما يتابع على فعليه إمتثالم it is that which you will be rewarded doing if you're following it by saying that Allah is command isn't that right also ويستحق ويستحق تاريك العقاب and the one who leaves it deserves to be punished the opposite to that is what حرام حرام is what ما يثاب على تركيب تثالب by you be rewarded if you leave it by following the شريعة ويستحق تفاعله العقاب and the one who leaves it sorry the one that does it deserves to be punished so the opposite to each other that's what the أصولين actually mean by it when they say that the حرام is the opposite to واجب and the rolling of حرام is الشيخ عبد الله يبنو صالح الفوزان said في الشرح he said وحكم المحربي the hukum the rolling of the محضور of the حرام is ما ذكره المؤلين because his definition is the hukum remember the rolling that comes out of it is أنه يثابع على تركيب that the person will be punished by what brothers you know you sorry he will be rewarded sorry sorry he will be rewarded for what على تركيب leaving it but when لكن بقص ديلم تتال with the condition he does it with what submission by saying that الله legislated it that I am not allowed to do this action and I'm going to leave it he gets rewarded for it to them وذلك and that is بأي كفة for him to leave off عن المحرم انتثال that he leaves off the haram by following the kitab and the sunnah in the legislation قاس دا مدالكة واجه الله and he also is doing it for the sake of who for the sake of الله تباركه تهاله فلو عبدالله الفوزان say فلو تركه لنحوي خوفي من مخلوق or حياة or رياة or عجزين سلمة من الإفن he says عبدالله الفوزان عبدالله الفوزان says if he leaves it because he is scared of a creation or he is shy or he is showing off or he is unable to do it he tried his best but he is unable to do it سلمة من الإفن he is safe from sin he is safe from what? sin so no sin is going to be written for him لأنه why لأنه لم يرتكي بحراما because he has not done a haram ولكن لا أجل الله but he doesn't have a reward no sin on him but he also doesn't have a reward لأنه لم يقصد وجه الله بتركي للحرام because he did not intend the face of Allah by leaving this haram that's the speech of the sheikh فيه النظر there's a note I'll ask for the case رمامه وتوقل about أو أشرح إن أكتاب عمدة الحكام للمام الحافظ عبدالغني عبدالواحد المقدسي دشرح إن كتاب حديث عمر عمر من خاطاب إنما لاعماله بالنيد we said that the turuk the turuk leaving something off of her four times we said that if the person leaves it because first of all something comes to his mind are you with me a whisper comes to his head a little whisper a whisper and that whisper it comes and he leaves it comes and he leaves and he just goes that individual he will get no sin on him are you all with me as long as he doesn't speak it or as long as he does not implement it evidence for that when he's a haritha the message so I said when he said إن الله تجاوز عن أمتي ما حدثت بها نفسها ما لم تعمل أو تتكلم Allah has forgiven my nation for that which Allah has forgiven my nation عن أمتي ما حدثت بها نفسها that which your nefs talks to you about your nefs comes to you and says to you do this but he said that it's that moment of whisper Allah says I have forgiven my creation as long as he does not implement it or what he doesn't speak it the second one is a pair so that person nothing on it the second is عزيمة he has the decision to do it he wants to do it he's up to do it he wishes to do it he tried all needs to do it he went out of his way to do it but you know what he wasn't able to do it so he didn't do it he just leaves it then he wants to go and do that it's a strike bus strikes so there's no bus out there how am I going to get there you know what forget it some other time so at that point did he leave it off نعم was there عزيمة لكن was that that the conviction that he wanted to do it he gets a sin for it he has get he gets a sin for it and that is the evidence for this the حديث is the process he said إذا التقى المسلم بسي فيهما فلقاتي والمقتول في النار the third one is which is the two the حديث بكره أبو بكر نفع من حارة فقه في وده مسجه صلى الله عليه وسلم صلى الله عليه وسلم إذا التقى المسلمين مسلمين بسي فيهما if two groups of Muslims me one of them فلقاتي والمقتول في النار the one that's killing and the one that's killed are both in the house fire why they both in the house fire نصح عبد يسر يا رسولة هذا القاتل that's the killer we know the killer he's getting in the house fire we make sense المقتول why the one that's being killed why him يسل لأنه كان حليس على قتل صاحب he also wanted to kill him he was out to strike him he had a conviction he wanted to but the reason he never got it through is because he wasn't as talented as the killer the fourth one is you all with me the fourth one sorry the third one is somebody who the thing came to his mind it whispered to him it bought thoughts to his mind but he remembered the power of الله he remembered the strength and the ability of الله he remembered that which الله could do سبحانه و تعالى and so what did he do he left it for الله six سبحانه و تعالى that person gets rewarded for it gets a reward for it let alone so that person gets a reward for it the fourth one is من لم يقع على البالي somebody لم تقع على لم تقع على بالي somebody who the issues never even come to his mind he's never thought of this wrong has he left it he's never it's never yeah he left it but it never came to his mind to commit that زنا it did not even come to his mind that person will say سليما من الإسمي he is safe from sins و لا أجل له and he has no أجر because he didn't leave for the sake of الله are you with me so if the شغ رحم الله his speech if he broke it up down like that it would have been much better put into those categories and we will stop there إن شاء الله سبحانك الله وبحمدك أشهد والله إله إلا الله أستغفر و قاتول