 الحمد لله رب العالمين له الحمد الحسن والثناء الجميل وأشد أن لا إله إلا الله وحده لا شريك له يقول الحق وهو يهد السبيل وأشد أن سيدنا ونبينا محمد صلى الله عليه وعلى آله وأصحابه والتابعين لهم بحسان إلى يوم الدين أما بعد أمام القوائد الفقية الليغو ماكسيمس نحن نتحدث عن المتحدث عن القوائد الفقية حيث حقيقة القوائد الفقية أين قوائد الفقية تأخذت نحن نتحدث عن المتحدث عن قوائد الفقية ومتحدث عن قوائد الفقية ونهائف العام لنبدأ بتحدث عن المتحدث عن السبيل هل تتحدث عنه؟ نبدأ ونتحدث عن أن هناك أين قوائد الفقية المتحدث عن قوائد الفقية ومتحدث عن متحدث عن القوائد الفقية من كل مغلق نحن أرحبنا الأول العشوار ، كان نحن نحو that last week لننهي الآن بشأن و we are going to go into the next one which is أليا قين و لا يزولوا بالشكل Sirtenty cannot be removed without أليا قين و certainty لا يزولوا بالشكل أنه لا يزولوا بالشكل شك و يعني when many things you don't know which one is right from which you cannot put your finger on which one is right you can't put your finger on what it really is اليقين و سرطنتي cannot be removed with شك if you can strengthen one over the other then it's not called شك are we all together? it's called وان وان means what? okay 60% of your show هاية this 60% of your show is called وان it's called what? وان if you can't it's 50-50 I don't know which one 50-50 or it's 70 if it's 70 it's وان 80% it's done if it reaches 100% it becomes certainty or if it's 40% some scholars they say the 40 here is وان the 30% here is وان 20% here is وان are we all together? it's called وان but if you can't strengthen one from the other you can't say this is what it is and this is what it's not it's called شك what is it called? it's called شك you can't remove it with the certainty that's already there you can't you can't remove the certainty with a شك a speculation معناها the meaning of this principle is أن المرأة إذا كان عنده جزم بالقلبي بثبوتي شيء أو انتفائه فلا يصح أن يتركه لوجوده شك طرأ عليه بل يعمل باقيينه الأول ولا يلتفت لشك طارق if a person جزم بقلبي بثبوتي شيء in your heart there's a conviction unwavering conviction in your heart that something is like this or it's not بثبوتي شيء أو انتفائه or it's not I'm 100% sure this is not or I'm 100% sure it is فلا يصحر at that point it is not correct أن يتركه لوجوده شك a doubt that somebody threw at you you should remove the certainty because of it طرأ عليه that being thrown at you بل يعمل باقيينه if a person acts upon which one باقيينه الأول the certainty that you had at the beginning you hold onto that ولا يلتفت لشك طارق and don't look at the doubt that threw itself at you let me explain this to you you went and you did وضو you went and you did you did وضو after you did وضو you came to the masjid you prayed your Salah and then you sat down and you called your family and a while went by and then دهر came and you said do I still have my وضو or did I break my وضو the question here is are you sure that you did وضو huh that's the thing which is متيقن something you know out of certainty that you did وضو whether you broke it or not is a shak what is it it's a shak it's a doubt don't remove the certainty with this doubt the certainty still stands the certainty what it still stands the evidence for this principle what's the evidence for this قاعدة what is the evidence for this قاعدة the evidence for this قاعدة is the hadith that's on the board for you if you could just look at the hadith everyone what does the hadith say the hadith says إذا وجد أحدكم في بطنه شيء if someone finds something in his stomach your stomach is growling it's making noise فأشكل عليه doubt enters your heart أخرج منه شيء did something come out of you فأشكل عليه doubt entered you did something come out أم لا or it didn't the messenger صلى الله عليه وسلم he said فلا يخرج he should not come out من المسجد حتى يسمع صوتا or يجد ريحا the messenger means the prayer he shouldn't come out of the prayer the message here means what the word message sometimes is used at the word صلى الله عليه وسلم can anyone give us another example when Allah says خذوا زينتكم in the ayah خذوا زينتكم خذوا زينتكم عنده our message is mentioned in the ayah it means every Salah so when you're in the Salah you're praying and your stomach makes noise okay and you say oh no did I pass wind or not the messenger صلى الله عليه وسلم he said to you don't leave the Salah when can you leave the Salah when do you leave the Salah حتى يسمع صوتا until you hear a noise that comes from you oh يجد ريحا or a smell comes to you this is now certainty what is it it's a what it's a certainty it's a it's a certainty this Salah that I'm in the words that I had was it not a certainty I can only remove that certainty with another certainty as strong as it does that make sense that's the evidence for this are we all together brothers now I want to mention a an issue that I want all of you to write is can we as a side point everybody write this can you base evidences on 60 or 70% it was 60 or 70% called Van صح I just mentioned it right Van can you base a حكم شرعي on Van high speculation can you are you allowed to yes you can Van which is 60 or 70% you can base what you can base a حكم شرعي on it الله سبحانه وتعالى سورة البقرة I a 200 and 230 I a 200 and 30 الله says if the man divorces his wife if the man divorces his wife this is after he's finished all of the عدة so she's finished all of the عدة and he's finished all of the طلاق he's finished all he divorced her many times three times so he's finished the message Allah says in the I a if the man divorces her فلا تحل له it is not she's not permissible for him حتى تنكي حزوجا غيره until she goes and marries another man he divorced her he finished it he said it again and again three times now she has to go and get married to who she has to go and get married to another another man this man that she has to get married to it can't be an agreement that her and her husband had no she has to genuinely wants to get married are we all together brothers and they also have to have intimate relationship as the prophet SAW said حتى يدوق عصيلتها until they have intimate relationship are we all together now pay attention the ayah then what is he saying if she got married to another man and when she got married to that man she wanted her old husband her ex husband so she left him she wants to come back to her old husband Allah says فإن طلقها if the new husband divorced her فلا جناحة there is no harm عليهمه on both of them أن يتراجعها to come back she got married again she left her husband the other one she wants to go back to her ex husband Allah said there is no harm for them to come back together إن ونها أن يقيم حدود الله if they have high speculation that they are both going to be within the boundaries of the sharia meaning they are both going to fear Allah in each other's rights what did the ayah say إن ونها if they both have what high speculation she thinks if she goes back to her husband that he is going to take good care of her and he is going to look after her and she can fulfill his rights she is going to fulfill his rights and he believes that when he gets married to her he is going to fulfill her rights and give her what she wants if that happens Allah says they can get back together so the ayah what is it saying that the hukum is based upon here ون here ون is not here it's not shak what is it more than that shak it means that they equal like if ون is higher we will together brothers does everyone understand does that make sense okay I want to mention another thing which is العملو بالون acting according to ون what did I just say are you allowed to do are you allowed to act upon ون what did I just say yes you can there is a type of run that you can act upon مسائل يعمل فيها بالوني some messa'il some issues you act upon ون which is the one I gave you right now are we all together does everyone understand does it make sense okay I want to give another example another example a man divorced his wife what did he do he divorced his wife he said I divorce you when he divorced his wife and they went their separate ways the man came back and he said I never divorced you I never ever divorced you what are you talking about I never divorced you she says I have two witnesses that day when you divorced me two witnesses were sitting there let's go to the coffee let's go to the judge he goes come let's go to the judge they stand in front of the judge he says to the judge I am certain that I was married to this woman are we all together brothers everyone is I got witnesses that I married this woman she knows I got married did I marry you yes I have witnesses from the local community who knew the date of nikah was done she wants to remove that certainty with something two witnesses only believe and I have two 300 people came to my nikah and wedding and she wants to remove the validity of this nikah that we had based on two witnesses what happens here what does the judge do it's true that he was married to her that's he was married to her he is saying this one is not 100% but it's done she has two witnesses who had two reliable witnesses it's not this one is what done what do we do we dismissed the yakin that was there which is that he married her and the nikah was valid and it was done and we take the two witnesses بإجماع أهل العلم the two witnesses are taken consensus there is no difference of opinion in that إجماع we moved away from a yakin a certainty and we took a what ظن الغالب high speculation because the job of these two witnesses is that they say they're reliable no one can crush their integrity and we all together brothers we'll take those two witnesses and we'll say it's gone there is a possibility that two witnesses can't be wrong they're not معصومين they're inspired from the Quran but ظن ظن are we all together brothers ظن ظن ظن this is not a different matter I said it's a consensus there's no difference of opinion it's a consensus keep that in mind so here what did we act upon يعمل فيها بالظن the run is being implemented here مسائل لا يعمل فيها بالظن مسائل where you don't act upon ظن are we all together brothers you do not act upon ظن for example is the hadith that you get in your stomach though you are passing the wind this person is in the salah his stomach grumbles he doesn't smell nor does he hear anything but he has a doubt did I just pass my wind my stomach is fine I'm not grumbling anymore he has a speculation that he might have passed the wind but he didn't smell it he didn't hear it and he's sure that he had it what did we say to him we say to him act upon the certainty that was there the run here is not acted based upon it لا يعمل فيه are we all together now I want to go into القواعد المندرجة تحت هذه القائدة I want to go into other principles that fall under this قائدة other principles that fall under this principle اليقين لا يزولوا بالشك other principles that also come out from it before I go into this I'll leave it because there's too much details I don't want to go into and confuse you القواعد المندرجة principles that come under اليقين لا يزولوا بالشك by the way this قائدة is from one of the one of the قواعد الخمسة الكبرى it's not a little قائدة it's a big قائدة so many قواعدs fall under it and he enters many chapters what does he enter many chapters but I've only just chosen three just to make it easy for you from the قواعد that fall under it is العبادات المنع the default position what is it what is it of عبادات what is the default position for عبادات that is prohibited pay attention to this here it means what the default position this certainty what we're certain about in عبادات is what that is prohibited why pay attention to this when a person does a عبادة why are they doing it for what is the purpose of doing it to get closer to Allah for Allah to love you for Allah to take you to جنة for it to distance you from the hellfire these are the reasons why people do عبادة true or false correct if you do this عبادة okay and you're hoping to get those that speculation what is it whether those things are going to get you closer to Allah whether it's going to take you to جنة speculation based upon what the certainty is that Allah only legislated the path that نبي الله محمد took are we all together brothers you can't leave that certainty for something that's speculative that's all speculation are we all together brothers that's how it falls under this قاعدة does that make sense the أصل of عبادات is المنعو you're not allowed to do عبادة unless you have evidence for it you can't worship Allah in any way shape or form unless you have evidence for it now I want to mention something when we say that you can't do عبادة and it's not allowed unless you have an evidence the prohibition of doing عبادة is divided into two the first one is أصل العبادة this عبادة itself you have to get who did this act عبادة the origin of this عبادة you are actually making a new عبادة that did never exist you're creating it it doesn't exist it's a made up عبادة this one is prohibited as well it's prohibited are we all together brothers the second type of عبادة that's also prohibited is كيفية العبادة which is this عبادة exists you're right it exists but you've made it into a how that Allah's messenger didn't sanction that's also prohibited are we all together brothers I'll give you an example of each one the first one is celebrating the prophet's birthday this عبادة is not permitted it's a made up عبادة this is أصل العبادة أصل العبادة is made it needs evidence you're not allowed where did the issue of celebrating a birthday this is a made عبادة are we all together brothers this one the scholars they call it بدا حقيقية this one is called بدا عبافية which basically means the عبادة does exist but this individual he's doing this عبادة in a way that the messenger didn't do it for instance the خطب he's doing خطبة and when he does خطبة after he finishes the خطبة and he concludes the خطبة what does he do he makes he makes he makes دعا he makes دعا the خطب lifts his hand up and he says and he's the خطب he's standing over there he's doing خطبة and he raises his hand now raising your hand in دعا is established oh yeah is established because the prophet did it in withر he did it in the day of battle of bedr it's it's he raised his hand until the upper garment of the prophet fell from him he's raising his hand high up he also made دعا نبله محمد made دعا on the pulpit but he never raised his hands in this particular place you're right raising your hand for دعا was established in other places but not in this place in this particular place no the same way if you go into the toilet and you say can you raise your hand is it not دعا is it not دعا what's it in this دعا why did a lot of you guys smile because nobody does that right but raising your hand for دعا is a legislative sanctioned thing yes I agree with you but not here are we all together brothers does everybody understand here so sometimes people say that عبادة is originally permitted so why can't I do it in whatever form or way I want it we'll say you have to follow the prophet also in the way that he did it in the form he did it are we all together brothers am I making sense here speak well aware of that both of them are عبادة and a lot of the بداة brothers is بداة الله فيه this is the one that tricks the most people they forget even the number is عبادة عبادة the number is عبادة are we all together brothers for instance the سنة before فجر is how much can I make it more do you see that brothers are we all together brothers because this is number what about if you say what can I just make the سنة before فجر is 4 as well the number is also something you need to follow the messenger in بداة الله فيه if you make it more than 2 you're doing a بداة now are we all together brothers does that make sense the person turns around after doing the the صلاة he turns around and takes the microphone and he makes dua for everybody after صلاة it's a بداة عبادة it's a بداة meaning originally doing dua in congregation in طراوح for instance it's permissible because the messenger did it there but he didn't do it after the صلاة everyone does it for them you do it yourself are we all together brothers this is where the شيطان tricks many people now we're going to go into the next one which is الأصل في الأشياء الإباحة الأصل of things is permissibility things here we mean the people's customs the people's norms is permissibility you can use any technology you like it's permissible are we all together because it's not a عبادة but the عبادة is prohibited until proven otherwise but when it comes to all the issues the أصل is permissibility you can wear whatever you want as long as it does not go against what شرعي ماتا does that make sense the إباحة is the أصل if two people are arguing you can't wear these clothes or you can wear these clothes the one who says you can't has to provide the evidence if two people are arguing you can't eat this food and the other one says no you can the one who says you can't eat has to bring the evidence because you're allowed to eat whatever you want until proven otherwise are we all together brothers you're allowed to because the يقين and the certainty is that it's what that Allah permitted it the doubt could be maybe this might fall under the things Allah prohibited you have to remove that check from us are we all together الأصل براعة ذمة the third one is the أصل is everyone is innocent until proven otherwise no one's guilty everyone is what innocent until proven otherwise الأصل براعة ذمة an example for that is someone is accusing a person of borrowing their money I gave you some money I borrowed you some money and I looked at you and said no you did it the أصل is I'm innocent until you prove otherwise are we all together brothers the أصل is براعة براعة ذمة that the person's innocent until proven otherwise براعة ذمة means you are free from what you've been accused on or accused of innocencey is the أصل and anyone who wants to remove that default position the certainty doubt is not enough doubt is not enough it's been clear things we're all together brothers you can't remove certain persons innocencey with speculation and assumption maybe but what was he doing at that time but why was he like that at that why was he wearing those clothes why was he driving like that those are what those are all check speculation we're going to go into the fourth قاعدة is it fourth third قاعدة now we're going to go into the we're going to go into the third قاعدة the third قاعدة which is تجربت تيسير المشقة تجربت تيسير again is this time تجربت تيسير is it right to say it or is it not a lot of the scholars of صول الفق they are actually against they are against this قاعدة on the wording they don't like that wording do you not want to go into I don't want to go into that now what does it mean المشقة تجربت تيسير معناها the meaning of it is الصعوبة والعناء التي يجيدها المكلف في تنفيذ الحكم الشرعية تصير وسبب الشرعية صحيحة للتسهيل والتخفيفة عنه the hardship there are persons indoors the hardship that the person encounters in fulfilling a jurisprudence ruling makes it a legislative Islamic legislation it makes it a سبب شرعي a sharia based reason for the matter to be made easy for the person let me say in simple terms anything which difficulty and hardship enters the sharia gives you a way out it uplifts that burden of you and it makes it easy for you anything that becomes hard and complicated and difficult on a person are we all together this now becomes becomes easy إنما مع العصري يسرع what's the evidence for this principle what's the deal for this قاعدة many evidences there are what there are many evidences the scholars they say the evidences for this قاعدة is categorized into how many is categorized into it's categorized into three pay attention the evidences for this قاعدة is categorized into how many three write this down everyone the evidences for this principle is categorized is categorized into into three the first one is the texts the texts that state and say hardship is uplifted from a person the texts which say hardship is negated and is uplifted and I gave the example where Allah says يُرِيدُ اللَّهُ بِكُمُ الْيُسْرَاءُ وَلَا يُرِيدُ بِكُمُ الْعُسْرَاءُ يُرِيدُ اللَّهُ بِكُمُ الْيُسْرَاءُ وَلَا يُرِيدُ بِكُمُ الْعُسْرَاءُ is화� it telling us that there is no Allah doesn't want that for us YouFA That's the first type of evidences the second type of evidences for this principle is Some j brushing of rulings the sharia has stated ease for it هناك بعض اللهم يجب أن يتكلم اللهم يجب أن يتكلم about an issue و بعد ذلك اللهم سبحانه وتعالى يجب أن يتكلم هذا يسي for you و الثلاثة إستقراء أحكام الشريعة أي one who does induction induction means what following up all of the evidences in the Quran and the sunnah if you look at it you will realize that Allah who is religion is here to bring ease and good and benefit for you and to repel and push away from you hardship and what and to repel from you hardship those are the three forms in which the principle can be established we don't want to go too much details into that but I already mentioned one evidence for you which is يريد الله بكم اليوسراء الله wants for you what الله wants for you what الله عز و جل he wants ease for you يريد الله بكم اليوسراء he wants for you ease يريد الله بكم اليوسراء ولا يريد بكم اليوسراء أسباب التخفيف here we are going to go into أسباب التخفيف the reasons why the sharia will give ease to you when are the times when you will be given ease and the burden and the difficulty will be uplifted when every time these are the seven these are the seven times when difficulty and hardship is up it's uplifted is what it's uplifted the first one is a traveling traveling ease is brought and difficulty is what is repelled is pushed away there's many things I can say here I can go into but I don't want it to I want to make it easy traveling traveling when can something when can it be considered traveling the scholars they have views the views of the scholars can be categorized into two views when it comes to traveling the first view of scholars they said that traveling is restricted like traveling is a restricted thing we know what it is are we all together and the second view is that the concept of traveling is not restricted but rather it goes back to the custom of the people whatever the people consider to be traveling is traveling and what they don't consider to be traveling is not going to be traveling custom we're going to be taking it in the the fifth قعدة which is we're going to be taking it there so traveling the scholars how many views do they have two views what's the first view that the concept of traveling is restricted the second view is it's unrestricted it refers it goes back to what the custom of the people the first view what was it again it's restricted there is two views the first view is broken into two views the ones who said it's restricted the scholars who said that the traveling is restricted their views is broken into two one group of scholars that said is restricted to a distance oh and we didn't know there's so many views restricted to a what a distance that distance is traveling and a second group they restricted it to a period as in if it's day then they said traveling some said no it's not if it's two days or three days are we all together those are the two views those who restricted it restricted it either to timing or distance and the second view is those who said it's unrestricted and it goes back to the custom of the people and the strongest of the opinion is the second one the latter of the two which is that the concept of traveling goes back to the custom of the people because the Sharia didn't give us a definition to traveling we didn't tell us this how long it is since the Sharia hasn't we go back to the people's customs okay now come back traveling is a what so the person is being given a what is given the right if you want to break your fast you can and if you don't want to it's your choice you uplift the burden from you the scholars who said that this is not good they said traveling in it is what hardship right is it not what about if the person travels and they don't go through hardship does that mean they cannot break their fast are we all together brothers so those scholars they said this Qa'id is not good because a lot of the hardship praying Fajr is hard the concept of it can't be narrow down rather some of the they were pushed on top of us even though it's hard كتب عليكم القتال وهو وهو كره لكم are we all together that the Jihad was made obligatory on you Wali it's what while it's a burden on you hardship on you are we all together brothers am I making sense very important that you understand that so this is that's why the discussion of the Qa'idah is back and forth the second is if a person is sick is and he cries a person to be coerced coercion is a what it's a somebody tells you eat or eat dead animal and they have a gun in your head and you say it الله gives you that ease use it benefit from it when the professor said they told me to insult you and I did it and then the professor said how was your heart when they told you to insult me how did you find your heart and he said my heart was tranquil on e-man I believed in you and I believed in Allah then the messenger said they do it to you again do what you did they say to you insult Muhammad again do it as long as it doesn't go to your heart and then the ayah came down وقلبه وقلبه مطمئن بالإيمان the only person who doesn't become a disbeliever is the one who has been put under coercion are we all together but the the cannot be something equivalent to what is being told to you so for example somebody put a gun on your head go kill another person go kill your wife he said okay I will you can't go home and shoot your wife and I had to do it to save my life your life is not more valuable than her life are we all together you can't does that make sense you were told to rape another person this is not this is no way shape or form permitted I'll take the questions to the end الجهل الجهل means ignorant for example somebody swear by Allah he said wallahi I'm never going to go to Shahid's house wallahi I won't and then I got tricked somebody tricked me and said come I'm going to take you somewhere and then I didn't know and I walked into the house and I'm like uh oh you're inside Shahid's house صح I'm ignorant I don't know right now the Sharia I uplift the oath that I made because of ignorance and Nisyen I forgot you did something you forgot just the same play I went to the house because I forgot again it's uplifted from you the next one is النقص the woman who's on her menstruation النقص means a woman who's on her menstruation okay or a crazy person or a baby a child all of them Allah didn't say to the majnoon person well sorry you still have to pray Allah didn't say to the little child who doesn't know anything you know what no you still have to pray the woman who's on her menstruation Allah didn't say you know what forget you still have to pray no no no because they're going through an issue Allah uplifted that stress and hardship from them just deal with your issue all together last but not least is something that has a harm in it like for example you go to a shop and you say to the owner of the shop oh I'm going to buy this بطيخ from you you don't know what a بطيخ is right water melon I want to buy the watermelon from you but slice it open so I can see what's inside it I really want to look at it well if he does that to all of his بطيخ it's going to be a problem for him are we all together brothers that's going to cause him what harm are we all together brothers so you have to buy it based on what the sharia has given him uplifted that burden from him that he can sell it with a bin for example this concept of عموم البلوة as some of the scholars they talk about is some rulings can change from prohibition to permissibility based on عموم البلوة العصر و عموم البلوة there's no our way out of it like some of the scholars they said picture it's haram but because it became عموم there's no way to stop it everyone has it on his phone there's nothing you can do عموم البلوة they said عموم البلوة عموم البلوة every ID they need this from you and this car this company is going to ask you for this one and this one and that and when you go someone is going to take a picture of you someone is going to do this to you they say they really can't change because of that all of this has more detailed of a discussion we're not unraveling the discussion like that and عموم البلوة the types of we mentioned the reasons we want to talk about the ways that the sharia and the types in how it uplifted in what ways does he do it the first one is what's the first one the first one is and it's called means what it's to remove it and an example for that is the woman whose administration the salah is fully removed from her that's the that's one type is no partial removal partial removal is no the woman doesn't say okay I'll pray half of the half of عصر or I'll pray our first half of the day and I'll relax the next half of the day no this is isqat it's fully dropped the second one is it's reduced it's not removed fully but it's reduced it is what reduced like the traveller he prays 2 عشا he prays 2 Allah didn't say you're a traveller you're like the menstruation woman don't need to pray no no you pray but it's reduced that's one form of تخفيف one way of making it easy تخديم تخديم is that you're allowed to bring it forward you will know the حديث the Salat تخديم when you're a traveller can you bring ذور so now is ذور time can I bring عصر آلية yeah I can do جمع التقديم come by ذور comes in I'm a traveller I bring عصر I bring you early let's جمع التقديم and the opposite here is to delay that's also one of the what I can do is I'm going to miss ذور I'll pray when عصر comes in because I'm a traveller I can also do that ترخيص ترخيص is what is to be given a رخصة it's a what it's a رخصة you have a رخصة and it's like the fasting for the traveller it's a رخصة if you want you come fast and if you want you can leave it's a what it's a رخصة or رخصة what's even better is أكل الميت تتل المضر eating حرام things just because of a state of necessity رخصة something that was حرام is being made for you like for example eating pork you're about to die just to live that's better to call ترخيص what's the next one تغيير means to it is to change an example for that is صلاة الخوف the صلاة الخوف changes based on the army and how close the army that they're fighting is صلاة الخوف changes صلاة الخوف it changes based on on the army is the battle very severe and is it intense or is it not it changes and we spoke about in the شرع of الدورة الربهية the next one is and the final one is إبدال إبدال means what it doesn't drop it from you but it exchanges one with the other and that's like التيمم in the place of وضو for the one who can't use water are we all together or the one that doesn't have water is not fully removed from him إبدال but one عبادة is exchanged with another عبادة all of these are the forms of أنواع التخفيف that the شريع has given you now we're going to talk about أنواع المشقه the types of hardship okay the types of hardship مشقه لا تنفقه عن العبادة the first one is a hardship that does not separate from the عبادة it's attached to this عبادة so it's مشقه لا تنفقه عن العبادة you can't detach it from the عبادة you can't and I gave an example before which is جيهد hardship for جيهد is always what جيهد can never just be walking in the park it's going to be hardship okay important or حج someone goes حج I can't do it هل مشقه تجربة تيسير now we say حج you can't detach it from hardship are we all together good fasting I always eat رأي 6 times a day I can't fast المشقه تجربة تيسير صحب صالح المشقه المشقه تجربة تيسير the scholars they say مشقه لا تنفقه عن العبادة this type that cannot be detached from the عبادة غير معتبرة you're there's hardship in there stop whinging do it stop whinging do it brother that's not the hardship that is removed are we all together brothers does that make sense the second type is مشقه تنفقه عن العبادة غالبا it's a type of hardship that detaches from the عبادة it's overwhelming majority of times غالبا majority of the times it's detached from the عبادة and this is divided into 3 عظيمة سوية خفيفة very easy متوسطة in the middle and all this by the way is غير مضبط I told you before مشقه cannot really be narrowed down hardship تنفقه عن العبادة it can be detached from the عبادة the majority of the times the majority of the times and sometimes it's very severe like a person says I can't stand up in the salah too severe for me okay the salah it's not it can't be this person is finding in that prayer مشقه to stand it's causing him severe pain are we all together brothers so what we say to them is the Hadith of the Prophet where عمران المحسين where the Prophet says to him صلي قائم pray standing up فإن لم تستطع are we all together pay attention here are we all together so he said pray standing up if you can't then sit down if you can't then lie down because majority of the people can't stand up do you find hardship is standing up huh do you find hardship is standing up so hardship can't be detached from it and sometimes it can happen hardship this one we take your pain into consideration we say to sit down the second one is خفيفة is what خفيفة it's easy there is hardship but it's easy he been playing football all day he's a little kid he goes he's running around playing football and now salah time came in he's like whoa I'm tired I'm tired I can't stand up and he wants to pray in a chair yes there is hardship for him because he was playing football but as well as they say غير معتبره خفيفة this is light it didn't come from a physical pain stand up brother if you can pray 2 hours football you can't stand up in the salah for 10 minutes so you'll be told stand up to pray are we all together brothers all this just to get it easy for you الله it's not I can't مشكلة cannot be narrow down it's hard it's very hard but it's just to make it easy and the second one is I'm a I'm a is that is it or is it it's in the middle some scholars are pushing it to the and some scholars are pushing it to the خفيفة and because of the many خلاف happens regarding it some people say it's lifted from you and another group of scholars may say it's a light stand up if that's what changes in this one from person to person are we all together brothers this one differs from person to person now I want to go into these 3 I want to conclude insha'Allah with it today قوائد that fall under this 3 again 3 principles that fall that what 3 principles that fall under what المشقة تجريب التيسر it falls under it what's the first one الضرورات التبيح المحضورات الضرورات means what necessity it permits for you that which is haram I will together brothers okay محضور is something which is haram let me explain something to you something which is محرمر لداته something which is محرمر سدن I want you to understand this when you look at the haram it's 2 types something which is haram in and within itself like زينا or جنك الخمر are we all together brothers or lying أول ذو أحرام لداته in and within itself is haram in and within itself killing is haram in and within itself are we all together زينا is haram in and within itself in and within itself does everyone understand brothers are you with me those things are haram in and within in and within itself حرام in itself is haram the second is it's not haram in and within itself it's not haram in and within itself it's haram because it's going to lead to something haram this thing is not haram it is haram now it's not because of itself it's haram because it's going to lead to something haram and an example for that is looking at a woman looking at a woman is not haram in and within itself it's haram because of what because it's going to lead to زينا it's going to lead to what it was made prohibited for what it was prohibited because it's going to lead to something haram are we all together brothers here is a golden benefit which is anything which is haram in and within itself only becomes permissible when there is a necessity when something is haram not in and within itself but what it's going to lead to it doesn't have to reach the darura less than darura can permit it for you let me repeat that one more time if something is haram in and within itself like drinking it's haram there is no other way you can drink that unless it's a state it's a state of life and death situation darura it's a life and death situation darura, necessity you have to you have no other alternative are we all together brothers that's when it's haram in and within itself lying it only becomes permissible somebody's going to kill you and there's no other way out of it except to lie it's a necessity you can lie are we all together brothers yes or no huh yes or no okay and something which is haram not in and within itself but it's haram because it's going to lead to what it's going to lead to something haram it's going to lead to something haram and that's why it was made haram like looking at a woman the same woman I could not look at what about if I want to marry her if I now want to go marry this woman am I allowed to look at her I'm asking you all a question yeah are you allowed to look at her is it a barura to look at her and marry her when you're marrying her to need to look at her is that a necessity no it's not a necessity is that a life death situation brothers some brothers are like yeah it is a life and death situation for us are we all together brothers it's not a necessity right it doesn't have to reach the necessity it's permitted less than that the fact is just this a need are we all together brothers it's made permissible does that make sense so when you hear this قاعدة the things which are you can't just say there was a little need it has to be a necessity it's a high level which is necessity permits that which is haram in and within itself ما قاعدة ما أبيح علي الضرورة anything that was made permissible based on necessity you can only take from it in accordance to the necessity you قدربي قدريها you have to take the amount of the need let's say for example someone is eating food and something stuck on their throat and they're about to die and they grabbed an alcohol and they opened it and they drank it just to move what's in their throat that's permissible what about if you said well life this is nice let me take it home well I'm going to drink it tomorrow as well no you are only allowed to remove your what from whatever is there now it's fine are you fine go in the middle of the desert we're about to die from hunger we cut it up we ate it we cooked it we ate the brother with me because I wouldn't do that let's take it in our bag we were only allowed to eat now we can fill us taking extra and this is ما أبي حليب ضرورة يقدربي قدريها whatever necessity you have to match it some people they go overboard but a doctor has to see a woman he has to see a woman's a particular part of her body it's a necessity came it has to do surgery he can only see that part of the body where he's doing the surgery he can't take off all of your clothes are we all together يقدربي قدريها if he needs to see her head he can't look at her leg are we all together يقدربي قدريها number three لا يبطلوا حق الغير pay attention I became hungry we're in the middle of the desert we're starving we're about to die we saw a goat necessity allowed us to what? we're about to die, we're allowed to because the قعيدة الضرورة to be true to be true محبورة we're about to die it's a necessity to eat are we all together we're in a state of necessity so we saw a goat what did we do to the goat we slaughtered it we ate it when we ate that the person who owned it he's right will not be lifted as soon as we finish it we say how much is the goat cost are we all together how much is it worth when he goes to my goat it's worth this much why did you ask we were about to die and we ate it he can't say why did you eat it لأن الضرورة to be true but we can't use this as an excuse and say what was the ضرورة we don't have to pay you brother no it doesn't lift the what the rights of others but it does in one situation because that goat wanted to kill us we were defending ourselves we're not going to pay the person who owns it anything are we all together but if we ate out of hunger that we needed to then we have to pay the person who took it from I'll stop there anything which I have said that was wrong or incorrect is from me أشهد إله إلا الله أستغفر أقوى too yeah no but it wasn't yours somebody else's goat he said is the goat haram to eat I said no but the reason why it's haram is because it's someone else's goat he didn't take their permission we saw a goat somewhere by itself and we don't own it someone owns it so we slaughtered it's haram for us to eat somebody else's goat it's a necessity why we're eating it because we're about to die but what do you have to do then have to pay the person their money for their goat any questions last time we took that if two Muslims fight one another both of them are in the hellfire kill one another defending himself anyone who is killed in defending himself he was attacked by someone and he's defending himself then this individual has the right to defend himself the prophet sallallahu alaihi wa sallam he said he's a martyr he's a martyr defending himself but the hadith it's talking about Muslims who are fighting in a what a fight of fitna fitna happening between the Muslims it's talking about Muslims who are fighting in a what a fight of fitna fitna happening between the Muslims and people are fighting for tribal reasons for political reasons worldly reasons they're killing each other for worldly reasons someone said something about you go and you want to kill them and the other wants to kill you or your tribe wants to kill his tribe or haqada no and anyone who is attacked he can defend himself it's true even when it comes to saving yourself it's a darura for you to kill to defend yourself but that defending has to be in accordance to the ability if you know somebody wants to come and he wants to rub your wealth he's a thief he came through the window he has no weapon he just wants to snatch something and leave the house hey I saw you he hears your voice he'll run out but you get a gun out and you shoot him in the head no they're dangerous you're not allowed to or he comes into the house all you just need to do is stick hit him with a stick and he'll run away that's all you need you could only use the force that's needed to repel this harm but you can't get a bazooka and blow him off and he's got nothing he's a Maliki that's a Maliki madhab I didn't go into it I was written on my notes when it comes to they flipped the issue they say the certainty is no one has wudu you never had wudu in the first place that's the certainty prove you have wudu they agree on the qa'idah but the application of the qa'idah Maliki take a route different from the scholars within the Maliki madhab I had that but I didn't want to go into too much too much details but I mentioned it I mentioned it there that which seems apparent to me it goes back to the custom of the people whatever the people consider traveling is traveling if the people don't consider it traveling then it's not traveling it goes back to the people and the land if you've left your yeah if the people of the land consider it and they say that then yes if they say that then yes it is but if within one city from one place to another place is two days and the people don't consider it to be traveling then it's not traveling it goes back to what the people now for example do the people here consider ajman to be traveling yeah ajman is ajman considered yeah اختلف العلماء scholars they differed in this issue some group of the scholars here they said it's no and the scholars here they said who believes ajman is traveling who says that Abu Dhabi is traveling everybody agrees on Abu Dhabi where did you guys find that Abu Dhabi is traveling عرف custom where did you guys get from ajman is not traveling by the way Ajman and Dubai both are two different cities to Dubai Abu Dhabi and Ajman are two different cities are they not how is it that one of them you said what he said it's not traveling and the other one you said it is traveling when they're two different cities if you're coming from جبلعلي and you go to ajman is what it could become an hour or something right and if I was leaving from the edge of Dubai from the Abu Dhabi road I could probably get to Abu Dhabi where the person gets to Ajman this is the same the distance is the same the reality is the if you hold on to this distance and then it's problematic it's better to just look at what the people believe and there's people who say that 80 kilometers and things like that the best thing brothers is Allah mentioned the Quran Allah mentioned how much is did one hadith say that traveling is this amount there isn't there isn't this shari'a the freeze when the shari'a doesn't give a definition to a word where do we go back to we go back to the custom of the people we know that many examples in the Quran say to the people good what good what good do I say to the people it goes back to the custom in one culture if you say this word what did you say but in another culture if you say this very good صح does that make sense I had left it unrestricted because it wants you to use it in your own culture in your own you know the scholars of hadith they never used to take knowledge from a person who was drinking and what he was walking if they saw someone outside drinking standing up and walking no hadith because for them this was it went against what the moral conduct of a Muslim does that apply now does it apply now yeah it doesn't you saw somebody drink outside but what about if you saw a sheikh who was wearing a vest sheikh was wearing a vest I'm asking you guys brothers he was wearing a vest and he was wearing a a coat of length just above his knees and he was wearing a vest because he has arms and everything hey yeah is that alright is that fine what's wrong what's your deal what's your deal to say what he's doing is wrong not deal you can say wrong his body is covered what are you saying why are you saying it's wrong the custom it's the custom you're using what's he doing as soon as he comes in for the khutbah everybody's like but he's nothing wrong he's wearing clothes صاحب brothers the custom is very important are you with me brothers custom is what it's very important say that again it might change the frequency is not an issue but would anybody consider that the time that you go is the traveling so it's still traveling still traveling there's somebody for example every single week 3 days he's in India and the other 4 days he's in Dubai and he's doing that that doesn't change the fact that he's still traveling however frequent he's doing it he's a traveler yeah a traveler for the rest of their life while they're doing that the frequency doesn't change anything now a traveler combining and shorting is the same thing a traveler can combine and he can shorten they don't believe it there are many hadiths that are against them on the issue of الجمع the hadith about the Muslims combining the prayer they don't allow it you don't have to take it you don't have to take it you can take it if you want to when it comes to issues of safety and things like that I always generally like people to go to the senior scholars questions like that are very delicate the very delicate issues of what's taking place right now around the Muslim world matters like that I very strongly encourage people I always say to them those issues that the local Imam or your weekly teacher that's not his job to talk about that but honest truth he needs a legend he needs a committee of scholars for them to give answers and responses to these issues the scholars they said if the one who doesn't know was quiet there will be less dispute in the Muslim just left it to the people of knowledge he let them speak about it I know what's happening around the world I see it I hear it I'm not aware of it but it's not my place to talk about it if I do I'll be questioning it but these issues take it to people who are very senior in age old people of age you'll find an answer that's built upon knowledge and wisdom it's built upon knowledge and a lot of wisdom and I growing up I see so much things are changing in my life the way I see them but the old person he's been through all of those hurdles he's been through all of those hurdles and the knowledge is there for him so when it comes to issues of like that take it to those people and sheikh Salman al-Ruhayli is coming on today is it today sheikh Salman al-Ruhayli I think it's today he's coming it's best to go to him and speak to him about it when you come to your place of residence you're no longer a traveller once you come home you're not a traveller you have to play normal بارك الله فيكم و جزاكم الله خير