 و الأصل في العادات الإباحة إلا ما ورد عن الشارع تحريمه و العادات أخرى لإبادة عادات أم ماذا؟ أنت تستطيع أن تفعل أي شيء كما أن تستطيع أن تفعل إبادة مع الموضوع أن لا يوجد إبادة الأصل هو أن تستطيع أن تفعل it where is the evidence for that ؟ is an Ayah 2 بصورة البقرة و الله تبارك و تعالى it says هو الذي خلق لكم ما في الارض الجميع الله و جعل لك كل شيء في سبيل هذه الأسود so everything is permissible for you until it is proven to be what so if somebody says to your brother you can't eat this animal or brother you can't wear this clothes or you can't do Woo Doo with this then you say to him where is your evidence أن you are up on the أصل the استصحاب which is what the ستصحاب which is that the عدات is إباهة إلا ما ورد عن الشارع تحريمه that is imppetible except that which the شارع the legislator prohibits نعم لأن العبادة ما أمر به الشارع أمر إباب أو استحباب أمره أمر به الشارع أمره أمر إباب أو استحباب إيبابن أو إيجابن؟ إيجابن أمر إيجابن أو إستحباب لماذا؟ لأنه يفهم لك now لأن العبادة لأن العبادة هو ما أمر به الشارع هذا هو ما هو اللجيس ليتا يدفع في أي وات أمر إيجابن في أي فوصف المانا أو أمر استحبابن أو في أي مانا لذا الشارع يدفع لك يدفع في أي مانا أو يدفع في أي مانا أو يدفع في أي فوصف المانا أو يدفع في أي مانا نعم فما خرج عن ذلك فليس بإيبادة أي شيء that exits that point which is what الشارع didn't request from you to do it in a forceful manner nor has it requested from you to do it in a recommended manner فما خرج عن ذلك أي خرج عن مانا meaning أن الشارع لم يأمره أمر إيجابن ولا أمر استحباب that the legislator didn't request from you to do this in a recommended manner nor in a forceful manner فليس بإيبادة this is not a ibadah نعم جميع عما على الأرض لننتفع به بجميع أنواع انتفاعات إلا ما حرمه الشارع علينا because he says لأن الله and the reason why ibadah is because خلق لنا الله created for us جميع عما على الأرض everything that is on the face of this earth why بجميع أنواع انتفاعات in all of the types of benefitting إلا ما حرمه الشارع علينا except that which the legislator has prohibited from us and again i told you هو الذي خلق لكم ما في الأرض صورة بقرة i29 so everything we see on this earth and everything around us الله created for us when the sharia comes and does what when the sharia comes and it pinpoints things then it says this one you can't do this one you can't do this one you can't eat this one you can't eat and pay attention what does this show us that what's more the halal of the haram the halal is more how do you know the halal is more because whatever the sharia has prohibited is within the mustaf and it's within the sunnah it's too much نعم ومنها إذا وجدت أسباب العبادة والحقوق ثبتت ووجدت إلا إذا قارنا هل قارنا المان الشخص الرحمة الله إذا وجدت أسباب العبادات if the causes of the عبادات are present والحقوق and the responsibilities for example طلوع الشمس the sunset the Salah Maghrib enters are you with me are you with me this is the reason is present because if the reason enters what أحكام الوضعية so the reason is present which is the timing of the Salah entered وجب it is obligatory on you you see إذا وجدت أسباب if the causes are present then what and the responsibility ثبتت it is present ووجبت and it's also obligatory on you إلا إذا قارنا هل as long as there doesn't come a prevention that stops you from it what is the prevention that may stop you from it if a person is what insane and you're not going to do it or the woman is on her she's on her menstruation but the sebab is present here which is that the Salah time has entered but she doesn't have to do it but she doesn't have to do it she doesn't because the Hadith of the Prophet صلى الله عليه وسلم the Hadith of that the Messenger صلى الله عليه وسلم رفع القلم عن ثلاثة عن النائم وعن المجنون حتى يقل and we're going to come to that in the other point inshallah so based on that if the sebab of the Ibadah is found and it's responsibility is present then what do we do we say that this is what this is something that the Moukallaf has to come with the person who this is needed from has to come with it unless there comes an obstacle that prevents him from it ومنها الواجبات تلزم المكالفين والتكليف يكون بالبنوغ والأقل والإثلافات تجب على المكالفين وغيرهم الشيخ يساين الواجبات the obligatory and the mandatory is what تلزم المكالفين the obligation is upon a person who's reached تكليف and then the sheikh is going to tell you تكليف is يكون بالبنوغ والعقلي it's by way of he's reached age of puberty and he's got sanity والإثلافات تجب على المكالفين وغيرهم and now he's telling you what that إثلاف is to destroy something a person causes a he causes a loss of something he breaks something he either burns the house down the sheikh said to you this تكليف is not a condition for it whether he's a مكالف or not it doesn't matter it will still take it from him even if he's a child and he hasn't reached age of puberty so the sheikh is saying the واجبات the تكليف is conditioned upon the مكالف it's obligatory and then he told you that the تكليف يكون بالبنوغ والأقل but then he told you if you ask somebody and what does he do he pulls the handbrake the young child and something is caused to the car if he's got money it will be taken from him or the child puts the handbrake down and then the car goes into somewhere then I will say to you can you get your child the money pay for it the family have to pay money for it if he causes if he burns the house down if he causes a family a loss of property whether he's a مكالف or not even if he's insane even if he's insane it's still taken from him it's taken from him and that you can't use the حديث of the it's not a condition here causes a harm he will have to pay back and that's what the sheikh means والاتلافات تجيب على المكالفين وغيرهم أي غير المكالفين نعم so the sheikh said ever كان الإنسان who the person is بالغا عقلا he's reached age of puberty واجبت عليه it is obligatory on him العبادة the عبادة is obligatory on him اللتي وجوبها عامن that which is obligation is what it's general it's obligation is what it's general نعم ووجبت عليه العبادات الخاصة and also the specific عبادات are also made obligatory on him إذا التصفى that is as long as he comes with what إذا التصفى if he comes with the characteristics of what بصفاتي من وجبة عليه بأسبابها if he comes with the characteristics of the person who this matter is made obligatory on him if he comes with those characteristics with it means that's what the sheikh said نعم والناسي والجاهل غير مؤاخذين غير مؤاخذين من جهة لا من جهة ضماني في المتلفات والناسي the person who's unaware sorry he forgot okay والجاهل and the person who's ignorant غيروا they are not مؤاخذين they need both of them are not held account مجهة تتأثمي in terms of sins in the eyes of Allah they have no sin so if a person who's sleeping or a person who forgot the Salat time in the eyes of Allah there's nothing on him but then what he has to bring back the Salat again he has to pay it back okay he can't just say I forgot so Subhan Allah at the time when out now also if a person forgot a person's car somewhere or left the keys inside the car and they walked away and went to the shop thinking they had their car keys on them and the car wasn't theirs okay then and they forgot the keys in there we will say to you in the eyes of Allah you're not going to be a person who who calls it a Muslim harm we know if there's something in your sin but the sheikh said لا من جهة بمان في المتلفاتي but not from the angle of he has to repay back and he has to give back the harm that he's caused so he has to give back that car what it's worth so the sheikh the law here is a negation of what مؤاخذيني غير مؤاخذيني من جهة الإثمي but لا لا it's not من جهة الضمان في المتلفات because he has to bring back that which he has caused a harm towards the people now we're going to go into the issue pertaining to the Sahabi what weight does it have and the sheikh is going to mention 4 points regarding that the first point is the definition of a Sahabi the sheikh says he's he only mentioned some of it he said من اجتماع بالنبي anyone who came to meet the professor مؤمنا بي in a state of ومات على الإيمان and he died upon iman you see now that's a Sahabi that's the definition that the sheikh gave anybody who met the prophet he met the messenger and when he was meeting the messenger he has to have had iman if he took iman after he met the prophet he's not called a Sahabi he's only taken from him the meeting of him and the prophet has to be in a state of iman because here مؤمنا بي means if the situation has to be what نعم and we know the حال is it has to be done in that situation so he met the prophet and he's had iman ومات على الإيمان and he dies in that state of iman he has to die upon iman he has to die upon إيمان نعم إذا اشتهر ولم ينكر بل أقره الصحابة عليه فهو اجماء if he become a statement he says becomes famous and no one rejects that statement of his rather they affirm it for him then that statement of his is إذا اشتهر if it becomes famous his statement becomes famous amongst the other Sahabas ولم ينكر and no one rejects that statement of his بل أقره فإن لم يعرف اشتهاره ولم يخالفه غيره فهو حجة على الصحيح but فإن لم يعرف اشتهاره we don't know whether it became famous the statement that this Sahabi said we don't know ولم يخالفه غيره but we also don't know if it becomes famous if it becomes famous if it becomes famous but we also don't know so don't know anyone who oppose him we don't know we have no one who is going against him this is a حجة in the strongest view that it's a proof how is that a proof for us we will say first of all الله تبارك وتعالى told us to follow the Sahabas as a whole and the Hadith of the Sunnah of the Prophet لا تجتمع أمتي على الظلالة my Ummah will unanimously agree upon his guidance are you with me? ان الله تبارك وتعالى يساعد تاسل وما يشاقق الرسول من بعد ما تبين للهودة ويتبع غيره السبيل المؤمنين other than the believers our belief in Allah is high that if this was a wrong statement of this Sahabi we know Allah is the one who promised that he is going to protect this religion so he Allah تبارك وتعالى who said وإنه له لحافظون where the ones who said that religion and where the ones that are going to protect this religion الله تبارك وتعالى will not leave the Ummah upon misguidance so we say this is a حجة على الصحيح because it won't be possible that قرن بعد قرن generation after generation people are quoting only one Sahabi or two Sahabi or a handful of Sahabas who said this and there is no other opposition that we know of even if we don't know if it went famous even if we don't know even if there was a person who disagreed with him but we don't know it we will say that الله تبارك وتعالى told us to follow it so he said نعم فإن خالفه غيره من الصحابة لم يكن حجة if if the Sahabas they differ amongst themselves in this matter فإن خالفه غيره من الصحابة other Sahabas differ with him in this matter there is a khilaf amongst the Sahabas within themselves regarding this issue then the strongest one to the evidence is who we take it ورود التنازع فيه إلى الله ورصوره we take it back to who of the two are closest to the evidence and we give the we stick with the one who who follows the Kitab Al-Sunnah the closest and you all have to remember the ayah where الله تبارك وتعالى he said والسابقون الأولون من المهاجرين والأنصار والذين التباعون بإحسان رضي الله عنهم وارضوا عن الله تبارك وتعالى he spoke about who in the ayah ayah 100 in surat al-Toba الله says those who what the muhajireen and the al-sahr الله spoke about them and then Allah said the one who follows them in good so we follow the Sahabas the ayah clearly mentions it also when the messenger صلى الله عليه وسلم the messenger صلى الله عليه وسلم when did he say in the hadith ستفترك أمتي على 70 فرقه that my umma are going to divide into 73 sects كلها في الناس except one when the Sahabas asked who are the ones that are going to be saved the prophet said anyone who is upon من كان على ما أنا عليه اليوم واصحابي he said anyone who is upon that which I my companions are upon today and the hadith narrated by Imam al-Tirmid and other than him so the hadith is and the narration that says that the narration that says what and when the prophet صلى الله عليه وسلم was asked من هي يا رسول الله who is this saved sect the prophet صلى الله عليه وسلم said this hadith is a Shahid it can be it can be it can strengthen the narration ما أنا عليه اليوم واصحابي because who were the Jama'a that day it was the prophet and his companions it was the prophet and his companions صلى الله عليه وسلم so that narration shows us that if you want to be saved follow the Sahabas رضي الله تعالى رضي الله تعالى عنهم follow them all when they unanimously agree upon a matter if they differ amongst themselves in a matter then العبرة the person we look up to or we take their words is أقربهم إلى النصوص الوحيين the one who is the closest to the كتابة نسونا نعم now we finished we finished the issue pertaining to the Sahabas we finished the issue pertaining to the Sahabas we are now going to move on إن شاء الله تعالى وننزل إلى الشيخ تعالى قواعد مجددا again he is going to take us back to قواعد وضواب وفقية that a person needs to know especially he is going to talk to us about the Amar and the Nahi and the Al-Fadu-l-Umu'm also about what اجتهاد and تقليد this is going to be the last fassal it is the 10th fassal فصل قوائد وضوابط وفقهية متنوعة الشيخ يتحدث عن قوائد وضوابط قوائد is that which enters what? different types of chapters it enters a large number of chapters ضابد on the other hand only enters a specific chapter فقية متنوعة that are different now that heading is not very wise to give it according to the copy that we will have that's what it mentioned but that's not the best to give why? because we just previously came from a chapter that was saying that the previous chapter was actually what? the previous chapter was talking about the issues pertaining to أصول قوائد that a person needs to know or the chapter before that we were studying all of those things so to bring it back again أصول قوائد what would have been better is what would have been better is to call it that's all it's going to be speaking about those three points so what it's going to be talking about it's going to be talking about where does that show generalization and so I think we can go over this one quickly إن شاء الله نعم الأمر بالشيء نهي عن دده when the sheikh is saying الأمر بالشيء an order of a matter is a prohibition of its opposite when the sharia orders you to do something the opposite is negated from you so if the sharia tells you in a forceful manner to do something it is also forcefully prohibiting you from the opposite and that is also a matter which is disputed we spoke about it in more details when we were talking about it in نعم والنهي عن الشيء أمر بضده ويقتضي ويقتضي الفساد إلا إذا دلد إذا دلد دليل على السحة على السحة also the second thing is والنهي the prohibition والنهي the prohibition عن شيء in a matter if the sharia prohibits you from a matter is also what أمر بضده the opposite is what you are being ordered to do is also the opposite which the sharia is doing so here the sheikh is teaching us أمر فعل الشيء which is an order and is also what ألكف عن ضده which is نهي whenever one is ordered the opposite is also present so when you are ordered to do a matter which is a command you are also prohibited from the opposite of that matter نعم and if you are ordered to stay away from something then you are ordered to do something you are ordered to do it the opposite to it then the sheikh said ويقتضي الفساد so the prohibition of a matter which is an order of its opposite it necessitates what it means the corruption of that matter except if an evidence shows that it is still correct this matter is fast and of course the evidence we can use for that is the حديث من عمل العمل اللي سعريه أمرونة فورد isn't that a prohibition of a matter isn't that also the opposite being commanded meaning to follow the sunnah and doesn't that also show that it's fast ويقتضي الفساد ويقتضي الفساد it shows what that this thing is not a void you see unless إلا إذا دل الدليل unless if an evidence shows unless if an evidence shows what unless if an evidence shows that it's still correct now والأمر بعد الحظ يرده إلى ما كان عليه قبل ذلك we took this قاعدة before which is the command of something you were prohibited for a period of time والأمر you're ordered to do something بعد الحذري after prohibition يرده it takes it back that command takes it back to what إلى ما كان ذلك which it was قبل ذلك before the prohibition what it was so if it was مباح it takes it back to مباح if it was what and I'll give you an example of it taking it back وإذا حللتم فسطادو what was it before hunting مباح now you've been ordered to do it after prohibition it goes back to its original form which was what مباح مباح نعم that's correct والأمر والأمر والنهي يقتضيان الفور come on an amr and a nahi a prohibition نهي والأمر نهي a command and a prohibition both of them you have to do it straight away if the شريع أم أوده you to do something or it prohibits you from something you have to run to do it straight away what's the evidence for that الله says فسطبق الخيرات hasten to the good الله says also the صورة المائدة ayah 48 also الله تبارك سورة الحشر ayah 7 ومان هاكم عنه anything that the prophet prohibits you from is what فانتهو stay away from it the fact that the word that's used here is فانتهو stay away from it and this shows what it shows فورية it shows what يقتضي الوجوب الفورية and so you have to stay away from it straight away نعم ولا يقتضي الأمر أمر التكرار إلا إذا أولق على سبب فيجب أن يستحب عند وجود سببه ولا يقتضي الأمر أمر doesn't entail it doesn't entail a تكرار that it has to be done many times if the شريعة tells you to do something it doesn't entail that you have to do it so many times if it tells you to do it you just have to do it once that's enough unless إلا إذا أولق على سبب unless it is attached to a 7 like time for example if the sun reaches this you pay ذهر whenever the time comes then of course you have to redo that command because it's connected to a what سبب طلوع الشمس غروب الشمس or it's connected to a 7 so you have to always do that because it's connected to and like for example Allah said أقيم الصلاة لدولوك الشمس here the 7 is دولوك الشمس whenever دولوك الشمس is met the صلاة here has to be repeated but if it isn't if it isn't and the شريعة just orders you to do something one time is enough for you you shouldn't think of it more than once what's the evidence for that the Hadith narrated by من مسلم رحمه الله يتعالى من حديث وريرا that the Prophet dana khutbah he said خطبنا رسول الله صلى الله عليه وسلم that the Prophet dana khutbah and then he said يا أيها الناس oh people قد فرض الله عليكم الحجة Allah has made Hajj obligatory on you guys فحجو دو حج فقال رجل إيمان said كل عام يا رسولة every day the Prophet went quiet until the man kept repeating it 3 times he said it 3 times then the messenger looked at him and he said to him لو قلتو if I was to say to you نعم لو جمت it would have been obligatory on you ولمستطعتم and you guys would not have been able to do it so why did so if the فلو كان الأمر فلو كان الأمر مكررن if the command showed that it's repetitive the Prophet would not have what he would not have scalded this Sahabi for what this is the question he asked but his question was an external question he had nothing to do with what the Prophet said he just asked an extra question but if what the Prophet was saying it was part of it then the Prophet said to him this statement of his نعم and now the sheikh is going to talk about matters which the person has a choice in he's مخيط he has a what he has a choice regarding it نعم إن كان لسهولة على المكلف فهو تخير رغبة وختيار إن كان لسهولة if the matter is out of way of ease on the مكلف then this is what فهو تخير it's a choice رغبة a choice that it's wanted for you نعم وختيار and it's chosen for you نعم وإن كان لمصلحة فهو تخير يجب تعيين ما ترجحت مصلحته وإن كان لمصلحة but if it's based with a مصلحة ما ولي عليه which it's put with it this تخير is what يجب التعيين ما ترجحت مصلحته it becomes what it becomes obligatory يجب أن تصدر مصلاحة على ذلك التي سيكون مصلاحة كانت your choice at the beginning, but now there's a مصلاحة that's stipulated to it A مصلاحة that's stipulated to it then this point right now, this تخير is obligatory on the person or a person who can make this مصلاحة it becomes obligatory and for example this would be an example would be جهاد which is جهاد الطلب جهاد الطلب is جهاد الطلب obligatory on every person no it's فرضو جهاد الطلب it's فرضو كفاية if some go, no everyone has to go are you with me if some people go, no everybody has to go but the Muslim ruler he sees that there's a person who knows how to use the bums very well and he knows how to shoot properly and he's a good commander this was a choice at the beginning as long as it becomes what on him because the مصلاحة is high when he goes then he has to become obligatory for him too