 فشرف بل اشتغالي بالعلم ولا تبغي به ما عشت يا دا دا دا لا ويا له من شراف عظيمي الحمد لله يا رب العالمين له الحمد الحسن والثناء الجميل وشدوا الله إلا الله وحده لا شريك له يقول الحق وهو يهدي السبيل وشدوا أن سيدنا والنبينا محمد صلى الله عليه وعلى آله وأصحابه والتابعين لهم بإحسان إلى يوم الدين أما بعد إن شاء الله تعالى today we're going to start the كتاب الفرائد البهية في نظم القواعد الفقية written by أبو بكر الأهدى الرحمه الله تعالى will be speaking about the book and matters pertaining to it إن شاء الله تعالى next lesson today we're going to be speaking about القواعد الفقية and the way we're going to be speaking about it is the definition of القواعد الفقية number one today we're going to be speaking about القواعد الفقية what is its definition what does it mean we'll also be speaking about the stages مراتب القواعد الفقية the types and the stages of القواعد الفقية we'll also be touching on what's the difference between القاعدة and الضابط we'll also be speaking about نشأة وتدوين علم القواعد الفقية when قواعد الفقية started and we'll also be speaking about how it was written and how it was made into a subject that is studied also إن شاء الله تعالى I'll be speaking about أهم المؤلفات في القواعد الفقية the well-known the most common books from the books of قواعد الفقية and I'm going to be mentioning each and every one of them in accordance to the مدهب that are out there so the مدهب الحنفية the books that are written in it مدهب المالكية the قواعد books that they have and they have written شافعية أن حنابلة also I will be speaking about استمداد القواعد الفقية where is قواعد الفقية rooted from where is قواعد الفقية rooted from where is it taken from what's the source of قواعد الفقية the مصادر of قواعد الفقية last but not least إن شاء الله تعالى I will be speaking about فوايد the benefits of دراسة القواعد الفقية the benefits of studying قواعد الفقية and these are some of the مبادئ العشرة like in a line of poetry he does say what البعض بالبعض اكتفا ومن درل جميعا حاجة الشرفة that some of them can suffice you from knowing the rest البعض بالبعض اكتفا if you know some of the مبادئ العشرة you don't know all of them of that subject you just know some they suffice you from it but then he goes on to saying ومن درل جميعا حاجة الشرفة but if you know all of the ten it makes you pass and go deep into into honor but so إن شاء الله تعالى we may not have a lot of time to go through each of the عشرة the ten of the مبادئ العشرة regarding قواعد الفقية but these are the the most important ones the first one إن شاء الله تعالى is تعليف القواعد الفقية defining قواعد الفقية to define القواعد الفقية brothers and sisters who are listening قواعد الفقية is a compound it's a compounded word it's a compounded it's a compounded word meaning it consists of two words put together قواعد and الفقية قواعد and الفقية so what we're going to do إن شاء الله تعالى is we're going to define them individually we're going to define what قاعد means and then we're going to define what فق means linguistically and technically so we're going to define قاعدة linguistically and technically we'll also define فق linguistically and technically we'll do that إن شاء الله تعالى we're going to define the two of the compounded the two words that have come together قواعد الفقية together now we're going to define it what it means is that crystal clear so we're the first going to do it قاعدة قواعد what it means and then we're going to do what فق means لغة المصطلاحة لغة المصطلاحة each linguistically and technically and then what we're going to do إن شاء الله تعالى is we're going to bring both of the words together قواعد and الفقية and we're going to define what it means إن شاء الله تعالى and brothers you all need to know and understand the importance of comprehending things definitions and words لذلك الحكم على شيء فرعا عن تصوري فقاها they say مضأسورين they say that to place a ruling on something their first has to be a correct perception الحكم على شيء a ruling on a matter can only come from you after there is what? a perception that you perceive this word and the thing properly وَبِلْ مِتَالْيَةَ تَضَحُ الْمَقَالَ an example will clarify the matter are you with me brothers with an example it becomes clear for example somebody comes up to USA's to you the word تأمين تأمين is what تأمين is insurance this contemporary time that we exist is called insurance so you go to an individual and you say to him حكمه استخدام تأمين what is the ruling using a تأمين and he goes to you إمامه النوى رحمه الله said using I'm doing a تأمين is واجب بطفاق فقاها it is wajib in accordance to what the jurist said so obligatory and he said where did إمامه and now we say this so he brings you the state but if you realize that the تأمين he's talking about تأمين is the تأمين in the تأمين in the you are talking about the insurance are you with me brothers so if the person does not know the that they don't know the and they don't have the correct definition with them a lot of the come deficiency come are you with me and that finds in that deficiency becomes a problem according to yourcheerful that comes out that definition and the perception of the word has now caused the harm to what to your ruling because now he's saying the word which is obligatory according to the Fouqaa and this issue of insurance is something else different to the word Attaanim are you with me brothers so that's why it is very very important that أن يكون هناك شخص مهمة من التعرف والتفنين. مالذي يعني هذا المكتب؟ ماذا يعني هذا المكتب؟ أيضاً another thing that you need to understand which is that the first point was that the importance of learning the definitions. The second thing you need to remember is the definitions differ from one field to another field. In one field the word may mean something and in another field it may mean something different to the other field. Are you with me? So if you do خلق and you mix the two, like for example the word أصال according to the أصولين it has a meaning and according to the صرفيين, the people of صرف, morphology they consider أصول something different. For them it's something different from that which it is. Can anyone else give us another example of what something is in one place? For example the word صحيح فأسس. For the scholars of حديث it means something and from the scholars of صرف. What does the word صحيح mean? When they say this word is word صحيح. There's no حرف إلا in it. There's no و or ألف or يائن it. Correct? So the one that's grammarians or the صرفيين they say this word is صحيح. It means it doesn't have و in it. It doesn't have ألف in it and it doesn't have يائن it meaning it's not a sick letter. So they mean it has all the other alphabet in it. There's none of those three words. But then one of the scholars of scholars of حديث say this is صحيح. What do they mean by it? Did they mean there's no و or ألف or يائن it? They mean it's حديث صحيح. متصل إسناده و لم يشد أو يوعن. يلوه عدل و مبابي طل عميث له معتمده في الطبطه و نقله. The chain of narration is correctly connected. The five conditions that we speak about in حديث are met basically. So you realize that can anyone else give us an example of a word that is different from one field to another field. سنة for instance. For example, scholars who deal with كتب عقائد when they use the word سنة they are referring to what? They are referring to the fundamentals of the religion صحيح. When the فقها I use the word سنة what do they sometimes mean by it? Or what do they mean by it? They mean by the opposite of the opposite of واجب. This is سنة meaning it is not it is not واجب. So you realize if you think for example the problem that can occur if you think to yourself that سنة means that which is opposite to obligation. The سنة is for you. This is the only definition you have of the word سنة. You only think سنة means anything that is opposite to واجب. It's a سنة. Does that make sense? A problem will occur later. You'll start to say if somebody comes up to you and says the bit is a سنة you'll be like it's not واجب. Whereas here سنة means what? The way of the Prophet. Everything he said and did is what? And that which he consented to is a سنة. So when the Prophet said in the حديث of عرباء الإبنسارية عليكم Upon you is my سنة. Did he mean that which is not obligatory? Does that make sense? So it is important. Another issue that you realize is that the word for example قراحة مكروه. The word مكروه. The word مكروه is what? According to who? To the متقدمين as well. The earliest generation, the word قراحة was what? حرام. Why would they use the word قراحة فولاك? The word قراح means disliked. But why would they use that word? Why don't they just use the word حرام? The reason why they did not like to use it the سلافو هادل أمة. The righteous pious predecessors was because they had وارع. They didn't like this kind of you know, a wavering decision to just say حرام like that. They were very pious. So they would use a lighter term. But they referred to something which is حرام. And they meant it from the angle of Allah saying ولا تقولوا لي ما تصفوا ألسيرة تقوموا الكدب هذا حلال وهذا حرام لتفتروا على الله الكدب. إن الذين افترون على الله الكدب لا ينفل حول. So they didn't want to hasten to say حرام. حلال. So they used the term which was قراحة. Disliked. But you sometimes see things that are مجمعون عليه. That are unanimously agreed upon. They would use the word. When that came to a claim in this كتاب إعلان. He expands on that. So what I'm saying to your brothers is that definitions are very important that you understand it properly. Find the example that I want to give which you tend to find. It's another example. Is this concept of people saying لا إنكار في مسائل الخلاف. لا إنكار في مسائل الخلاف. There is no inkar. Meaning like you can't reject. You can't oppose me. You can't rebuke me. Okay. Format is which are difference of opinion. You with me brothers. So they use it. And I want you to ponder here with me because it's very important. And this is something that became common on the people's tongues. And insha'Allah when we speak about قواعد الفقية the benefits that are in قواعد الفقية and صول الفق. One of the things that you benefit most from them is. How to realize or how to speak. You'll be very diligent. And very careful. In the usage of the words that you use. You'll be a person who is محتلس. A person who save God's and gets rid of everything that could be thought of him. Like his words are very clear. This is what قواعد الفقية and صول الفق teach people. That's the benefits that we're going to be speaking about here. But here the reason I'm bringing it here is because knowing definitions is very important. Look at it here. لا انكارا. Do not scald me. Do not rebuke me. For what? في مسائل الخلاف matters which are the difference of opinion. This is wrong. Because خلاف means if you knew the definition of خلاف you know I've said this. خلاف means falls under خلاف is what. A person has an evidence and another person doesn't have an evidence. One has قال الله و قال الله صور. Allah and his messenger said. This person on the other side doesn't have that. يونكر علي he will be refuted for it. Or he would be rejected on it. Or he will be scalded for it. Or he will be rebuked for it. Because we have قال الله و قال رسول. And you don't have it. So in this it becomes what? انكار. انكارا comes. But what those people should say if they knew the definition properly was what. لا انكارا في مسائل الاجتهاد. لا انكارا في مسائل الاجتهاد. There's no inkar in what. In issues which have each tihad involved in it. Are you with me brothers? What's the difference between خلاف والاجتهاد? You see this is where the issue here which comes which is الفروق والتقاصيم. Knowing the differences of issues. And this is why we study الأشباه والنظائر. This is why later. Later. Is knowing what the definition why this one is this and this is this so you know the difference. Each tihad means both of these people are standing over evidences. They've both encountered each other's evidence. They've seen each other's evidence. I know what evidence you're using. You know what evidence I'm using. We're aware of each other's evidence. No one is dismissing anyone's evidence. But the problem with me and you is we're differing on what this means. You and I our issue is what does it mean? Like for example the حديث of placing your knees down or your hands down. The issue is what? How does the camel go down? For example, some would say to you. This is the argument of those who say for example, the camel goes down on what first? Based on you, you would say it goes down on its knees first. And because if you look at the camel, you will realize that the camel folds its front two just like we fold our legs. And the last two are look at like the arms. You see the arms go in and the knees come out. The camel's two back, they go out like they did exactly like our arms. They go backwards like this. And the front two go like the knees. So the front are the knees and the other two are what? The hands of the camel. Or it takes a warning of the hands. Somebody would say to you, I don't even I'm not speaking about that. I'm talking about the hate and the form it goes down. He goes on the first part of it goes down first. The first part of his body goes down and you go down on your first part of your body. Are you with me, brothers? So here the خلاف is the part he goes down and the form he goes down on. This is the discussion that has happened. So this is the same حديث but everyone is extracting it. And somebody is weakening one other person. You're weakening my narration. No, I'm strengthening my narration and weakening yours and you're weakening mine and strengthening your own. This is the this is actually had. لا يقال في. We love. There's no problem. We can have a discussion about it. But it is a خلاف مصوق or a خلاف سائق. Are you with me? So this is why the scholars they say لا ينقار في مسائل الجهد and they don't they don't say one should not say لا ينقار في مسائل الخلاف. Are you with me? لأنه رافضي. He's got a خلاف with you. The معتزلي is a خلاف with you. The خارجي has a خلاف with you. So you're going to say لا ينقار في مسائل الخلاف. Are you with me? But it's a مسائل الجهد. And this issue occurs from the ignorance of the تعريف. The definitions. I'm not knowing what each word means. I'm not comprehending it first. Because now if you say لا ينقار في مسائل الخلاف the rule that comes from the word you used is going to be a problem. The implication of it is a problem now. Now some may say أخي didn't the scholars they did not scholars not say لا مشاحة في الاستطلاح. لا مشاحة في الاستطلاح. Meaning there really isn't don't get stressed out too much and panic over definitions. We can differ on definitions. Not a problem. لا مشاحة. There's no problem with differences of definition. When the scholars they say لا مشاحة في الاستطلاح they are referring to what if the differencing of the definition has no خلاف if there is no differences that are going to differences that are going to cause طبان. Are you with me? Then it becomes لا مشاحة في الاستطلاح. Meaning if your definition is going to go to a ruling which is incorrect then this is a problem now. But if you are for instance defining it and I'm defining it but we're not really we're not differing لا مشاحة في الاستطلاح. لا مشاحة في الاستطلاح. Are you with me? I can talk about تعليف for very long but to summarize it the علماء المنطق the scholars who deal with علم المنطق they call it the منطقيين صح? They say that the definition of a word has to what brothers? It has to have two things. صح? To define something you have to It has to be جامع and it has to be منع. جامع و منع. جامع و منع means what? It's comprehensive. When they say comprehensive it means the thing that you're trying to define has to fully be mentioned in there. Are you with me? You can't partially bring it into the definition. It has to fully be brought into the definition. The second thing they say it has to be منع. Meaning it has to prohibit and it has to prevent any other thing entering into the definition. If I'm trying to define a phone a mobile phone my definition of a mobile phone should get rid of the definition of a telephone. She got rid of it. It should not fall into the definition. If I say for instance a mobile phone is a form of communication that two people are communicating. خلاص I left it like that. There's no difference between a Facebook account Instagram. صح. A mobile phone. A telephone. My definition now is not comprehensive. And of course it is not منع as well. So they say there's two things have to be done. It has to be comprehensive and it has to be what? It has to be منع. منع meaning it has to get rid of. It has to get rid of. Two things that they say it also has to be get rid of. It has to be not mentioned in the definition as well. They say two things have to be found and they say two things have to be absent as well. In anything you define. The first one is what? From the two that it has to be found. What were the two I just mentioned now? It has to be منع. And it has to be what? منع. Also from the definition it has to be what? Two things that shouldn't come into your definition. The two things that shouldn't come into your definition is the thing that you're defining the thing that you're defining any of its root words should not be in your definition. So for example you want to define what knowledge? Not in any way should the I'm I'm letter come into your definition that root word علم. So you can't say علم the definition of knowledge is أن يعلم الإنسان. That's a problem. You're defining علم and you wrote the word يعلمه? How can that work? Are you with me? So you can't bring in the definition the word that you're defining any of its any of its letters should not come into into that definition. When I say any of its letters I don't mean that no عنع or الام can be or me can't be in the whole definition. It can't be as long as it's another word. But anything to do with that word if it comes into the definition عددوا يقولوا مالذي يفعله مانورة لأنه مالذي يفعله؟ دوران يقولوا أنه دوران يعني أن أذهب إلى مجموعة لأنني ستساعداً أسألك ما هو هذا الوحيد ونحن نفعه أمامه ونبقه والدولة صح؟ the second thing that shouldn't come into the definition is that you shouldn't bring in it that the fruits come out of that knowledge so you can't define something with its fruits أو بحيث أنها فوائد و تأتي منها تحاول أن تفعيل، مثل قوائد الفقية لا تستطيع أن تقول لي أن قوائد الفقية تفعيل و تقول لتعرف أحكام الدين لكي تستطيع أن تعرف رولة المنطقة و في تلك الوصولة و هناك سأريك أن هذا حدث أن لا تستطيع أن تفعيل قوائد الفقية بحيث أنه مجموعة التي تتعلم كما تفعيل و ثم تقول أن تعرف رولة المنطقة أن تعرف رولة المنطقة هي فائدة لتفعيلها التي تأتي منها هي أمرحة و أفوض التي تأتي منها لكن لم تخبرني حقيقة حقيقة حقيقة و المفتنة يجب أن تكون أكثر حقيقة و ليس فائدة هل أنت معي أخي و الأمر الذي أقوم بذلك على فرصة تفعيلة is because a lot of the times and I said this many times before the day today that we're living here or day in age the arguments and the disputations and the problems that people face a lot of the times it is terms are used صح term are are used what do you define this term as and what do you detailed so it is important تعريف Define تعريف now insha'Allah تعالى let's go into تعليف القوائد الفقية so the definition of قاعدة linguistically is what it's جمع قاعدة it's the plural of the word قاعدة the singular is قاعدة and the plural is قاعدة and this is called what what type of جمع is this جمع التكسير the broken plural والقاعدة في اللغة قاعدة in the linguistic meaning is يأساس الشي it is the foundation of something the foundation is قاعدة the foundation of this house is قاعدة the word قاعدة is what linguistically the foundation the قاعدة linguistically it is categorized into two when you hear the word قاعدة linguistically تطلق القاعدة و يراد بها the قاعدة قاعدة is said and it's used and what is intended by it is one of two one of these two one is قاعد which are حسية tangible foundations tangible foundations and that is like قاعدة البنيان والبيوت like the houses and that is why Allah said in the Quran in Surat Al-Baqarah الله تبارك وتعالى وإذ يرفع إبراهيم القواعدة من البيت وإسماعيل ربنا تقبل مننا إنك أنت السبيع العليم وإذ يرفع إبراهيم وإبراهيم was lifting القواعدة the قواعد of what من البيت وإسماعيل was also lifting it with his father so the قواعد here is what is what it is tangible it is the foundations of the Ka'bah in which they are what in which they are building the second type is قواعد معنوية the قواعد which are not tangible they are not tangible and that is like the قواعد الفق that we are talking about right now for example لا ضرر ولا ضرار الأمور بمقاصدها you can't put your finger on the word you can't see it can you? and also the قواعد النحو the rule is in the principles in grammar are also قواعد القواعد الأصولية الأمر تقطض الوجوب بألم يأتي قريب تصلف عن الوجوب إلى الندبي these قاعدة right أصولية the قاعدة from the نحوية which is what المبتدأ مرفوع قاعدة is what قاعدة نحوية قاعدة for the grammar can you touch it it's not something tangible and then the قواعدs of those two types linguistically now let's talk about فق let's talk about فق what does فق linguistically mean الفق في اللغة فق linguistically means هو الفاق مدقيق this is the a lot of the times brothers and of course sisters who are listening a lot of the time what you see is people define فق with فهم and they just leave it like that فقوا في اللغة الفهم and that's it when in reality it is not فق is a more it's more detailed it is having a deeper level of understanding it's not just about understanding it's more deeper الفق هو فق is in the language is what الفاق مدقيق it is the fahm which is detailed the fahm the understanding which is detailed this person's understanding is as though he specialized in this are you with me like خيرا anyone who Allah wants wants for him good خيرا anyone who Allah wants good for him what does he do to him يفقه في دين Allah gives him understanding of the religion are you with me so now you might ask yourself يفقه في دين الله give him understanding of the religion what does it mean فق if ما يريد الله به خيرا يفقه في دين if the prophet was to say يفهمه it would have meant he would just know the حكم the Jews put rulings the احكام which are the نصوص which are ظاهرة he knows the ruling حلال حرام يجوز لا يجوز he doesn't just know the حكم but he knows the عيلل the reasons are you with me he's understanding more now he knows the reasoning behind isn't that next level now it's a more detailed level then just knowing it's حلال حرام you actually have understanding of the مأخض الحكم where the ruling was taken from you know where would you call it the reasoning behind it the عيلل and etc are you with me brothers that is فق and of course it is and issues other than that I mean it's the whole religion فقه في دين is not just the the فق that the استلاح that people know today it's more of the whole religion but it means that the person has detailed understanding of the religion that is a sign of what my brothers when you have the understanding of knowing the عيلل the reasoning behind things and you have the understanding it is a sign for you to know Allah from high above has wanted good for you Allah has wanted for you Allah wanted good for you with that علامة in this كتاب في الصلاة if you pray you will find that if you look at it it's translated in English for you as well he says the knowledge is how many two times علمو اللي ساري the knowledge of the it's on the tongue and the knowledge which is in the the knowledge of the tongue are you with me but the knowledge that Allah is referring to in the ayah is what علم القلب علم القلب it is not it is not on the tongue it is not just on the tongue of the person it is just utterance of it but rather it is something that has gone deep into the person's what it has gone deep into the person's heart this is something he is what it has become like nature for him he lives by these principles I ask Allah to make us from those this is called what it is this is the thick and understanding that is more that's more detailed now that we've defined what do we have to define it as what إصطلاح and technically the technical definition of it the technical definition of it is it is to know so let's define each one word for word معرفة معرفة my brother is what علم القلب معرفة it means you have knowledge of something and it also means if there is speculation as well if there is a wrong if there is what high speculation that is معرفة so فِق is not just built upon what technically look at it here فِق is not فِق is not it is the knowing it is not what it is not it is not يقيني it is not certainty one of them it is done me involved so that's why they say there is علم and there is what and it is done some things are like the five daily prayer ظهر عصر and I started with ظهر because that was the first prayer that was shown to the prophet عصر مغرب عشة and then فجر these five daily prayers are واجب this is يقيني this is certainty there is no doubt in anyone's heart صح but there is what there is for example if the prayer which is صلاة القصوف the eclipse is it واجب or is it not بني not قطعي so then فِق is what معرفة معرفة knowing either by علم which is قطعي or knowing it by ظهر which is what pull and push on it there is خلافة revolving around it خلاف there is dispute in it amongst the فقهة whereas عقيدة لا عقيدة is what عقيدة is قطعي that's why they say عقيدة عقط الشيء it is to connect something to your heart عقدا جازمان صح it's to connect something to your heart that's where the word عقيدة comes from it's a not عقيدة linguistic means the word عقا that means to not something is that you've loaded this in your heart so strong ولا تكونوا كلكي نقض غزلها من بعد قوة الناكية you've got an act in your heart فِق لاكي لا فِق is what علم and it's done there's knowledge involved which is قلكة which is قطعيا كوجوب صلاوات الخمس and there is what ظلي such as what كوجوب صلاتي الخصوف so he said it means word for word so the definition of technically means what معرفة معرفة of what العقا the عقا means what what is the word حكم linguistically mean what is the word حكم linguistically mean it means المنع is to prevent yeah does anyone know the line of poetry that we read the line of poetry when we were studying we took it it's very important that you go over your notes that you took before the word when the poet said احكي مو صوفها أكم go and withhold يردمو تدوان احكي مو أما the word حكم is to withhold that's why they call it the حكم the دابة the riding beast حكم the thing that's put in his mouth they it's called حكم it's to prevent it from running and growing that is what it means linguistically the word حكم are you with me so linguistically when you say that the word حكم that's what it means so how can how does that work are you with me it means it means that when the the ruling is made what happened somebody is being prevented from something and somebody is being allowed correct that's what the linguistic meaning means it like that