 تبطه آدك الأيام فتا الشيغ رحمه الله تعالى الشيغ رحمه الله يسأل أفضل يسأل ألياقين لا يزول بالشك و يدخل فيه من العبادات والمعاملات والحقوق الشيء والكثيرا و قاعدة ألياقين لا يزول بالشك فهي بابو العبادات فهو من عبادات العبادات و من معاملات والقصة تقاربت بالقصة و أنهاامة و ألوها معاملات والدفع والحقوق والمعاملات والحقوق الشيء والكثيرا و قاعدة ألياقين لا يزول بالشك و هو و يزول بالحقوق الشيء والسيء فهذا ليس مستخدم لحد مكان ولكنه قاعدة التي يمكن أن تستخدمها كتاب العبادات، كتاب المعاملات، حقوق فهذا هو الشيء رحمه الله نعم فمن حصل له الشك وفي شيء منها رجع إلى الأصل متيقن فمن حصل له الشك أي شخص يتعلم عنه في شيء منها في أي اعبادات أو عمالات أو حقوق أي شخص يتعلم عنه رجع إلى الأصل رجع إلى الأصل ونحن نتحدث عن الأصل حولها رجع إلى الأصل رجع إلى الأصل رجع إلى المتيقن المتيقن المتيقن المتيقن ونحن نتعلم عنه مثل عمال يتعلم عنه ويضع المتيقن ويضع المتيقن كما اخبرنا في اعبادات لو شك الرجل يضع المتيقن هل طلق زوجة هل طلق زوجة هل تتعلم عنه أو هل يتعلم عن حلقه نحن نقول لا انت لن تتعلم عن حلقك انت لن تتعلم عن حلقك لأنه سنعود إلى ، لنعلم عن حلقك ونحن سنبقى على اتصال يجب ان تكون المتت this woman ونحن لدينا أن هذه المتجة لها لانها تعتبر لذا أي ماتاة إنتهي بها إنتهي بها وقالوا وقالوا now what the sheikh is going to do is going to mention 4 things that fall under this قاعدة يقينوا لا يزولوا بالشك the sheikh is going to mention 4 things that will fall under it and they are not only these 4 there are more than that it's just an example and it's not that this is all of it the first one he says is what الأصل الطهارة في كل شيء the original essence of everything is that it's pure unless there comes an evidence that proves it that it's impure or certainty that evidence can be certainty or anything if certainty comes then of course it loses impurity and it becomes impure but if we don't know that we stick with the أصل the أصل is every single thing is pure unless there comes a certain evidence or proof that proves that this thing is not pure so as an example if a person pours water over you and you don't know who it was and you don't know where it came from then the أصل is الأصل الطهارة في كل شيء everything is pure are you sure that it's impure now so let's go back to the أصل is that it's pure so if it was under this قاعدة if it was under this قاعدة and also the أصل is what the أصل is permissibility everything is permissible for you unless the evidence proves that this thing is impure or the evidence proves or the evidence proves that this thing is what it is impermissible so the person who says that this thing is حرام he has to provide evidence he has to give a a certain evidence to remove it from his original essence because the original essence was what permissibility إلا ما دلت دليلو if there comes an evidence and proves it what على نجاستي that this thing is impure or this O is the تنويع or because sometimes O comes as عطف and sometimes it comes as تنويع or تحريمه or it's prohibition meaning they are both separate نجاسة و تحريم are two separate if you say تعطف you connected the two together no they are not و الأسلو الإباحة everything is originally permissible you are allowed to use it as you wish you are allowed to eat whatever you see as long as there doesn't come an evidence that makes it impermissible and of course we talked about the issue of أصل for types that we categorize into نعم و الأسلو براءة الزمام من الواجبات و من حقوق الخلق حتى يقوم الدليل على خلاف ذلك و الأسلو the original essence of what is براءة الزمامي my neck is free from what من الواجبات there's no wajib on me no wajibat is on me from Allah تعالى unless there comes an evidence unless there comes an evidence that says to me this is a wajib you have to do it okay so if somebody says this is wajib I say to him with your daily because the original essence is what براءة الزمامي my neck is free from anything I can't be obliged to do anything unless there comes an evidence and proves that I have to do this that's Allah تعالى also و من حقوق الخلق and also from the rights of the creation as well even the rights of the creation no one can tell me you have to do this I'm a free individual also he said unless there comes a what unless there comes an evidence in a position to the asal an evidence comes and says you have to do this like for example my mother has rights on me my father has rights on me because of the delete that came and that removed the asal here so the asal is براءة الزمامي و من حقوق الخلق حتى يقوم الدليل على خلاف ذلك و من حقوق الخلق و من حقوق الخلق و من حقوق الخلق يعني I'm innocent I'm an innocent individual there's nothing you have on me that you can claim that is yours because the original essence that is when I was born no one had anything against me no one could claim anything on to me you're trying to remove me from my original essence you're the one who has to bring evidence and prove is the fact that I'm innocent you have to prove that I am guilty of this so in the court of law in islamic court this person is innocent the qadi won't look at this person and say prove your innocencey he won't tell him to prove your innocencey he will say to the other one prove he's guilty لماذا why because him being guilty is a مسألة انطارئة it's falling onto him meaning he is guilty is not the essence of the human being or anyone so the judge would turn to the other person who is accusing him of this and say to him bring us evidence bring us what evidence that this person is guilty and this person he says to just be quiet when he brings the evidence now when this one goes and he brings the evidence now all that's needed from the one who has been accused of this I swear that this is false is the other one who has been accused so first this is how it works you say he's guilty prove he's guilty he goes out of his way he brings witnesses he brings proof now this proof he brings he has done his part the other person he has to be what the prophet sallallahu alaihi sallam he said in the hadith if everybody was given what they claim and what they talk about a people would have claimed people's money and their blood everyone would just go and say and used it or he did this to me and he would be killed for it if everyone that's claimed seems to be taking but the prophet then what he would say the one who's claiming bring evidence and the other 1 ..هذا هو ما هذا والله فيه لم أفعله. و والله يخلق أنه يصدرق أكيد فيه الخلق ، فهناك ثانيةً من قادر. و ثم إذا كنت تظهر إلى هذا ، هذا هو الأمر الذي إجزام إسلامي، يُصل به أجل كلها ، بعله كلها ، أجل كلها و سبحانهifyه إسلام ، یہ الكتابة المشاردة التي قتلت للقية الناس. A person committed a sin ... witnesses not one not two witnesses have to come and prove what that this person committed a sin. If one person sees it and he comes and he did see it and it really did happen if he tells it in Islam he is a fasq he is a fasq, his witnesses is never taken into consideration, you see, and he is whipped he is whipped even if he did see it , even if he did happen, why, you don't have the لديك المتابعة معك فهذا قاعدة جداً وانت why I say to everybody every student of knowledge he should always learn what is the essence of every matter what's the essence so the one who's on the essence shouldn't go up his way looking for evidence your evidence is the essence the other person should be the one who's looking for the evidence you're just the one who's just saying بقات مكان على مكان I'm upon the original essence you're the one who has to now go out of his way and prove it don't send me on a goose chase to find the evidence for this matter it's not my job, it's your job are you with me so نعم this one is also the essence of what is what بقات the essence for it to remain مشتغلت به ذيما مو anything that is on your neck which you have placed it somewhere it has to remain upon the way it is meaning I went to your shop and I said to أخي give me this water and you went out of your way and you broke me and then I said to أخي I don't have the money I don't have the money for the water and my family needed so you said to أخي give me a watch I take my watch off I pass my watch over to you this watch now becomes yours until I bring you the money whenever if I don't bring that money then there's a حكام but then you sell this now I have to go give my children the days go by I have to bring back the money the essence is wherever is under your this with you and it's busy on something it's already busy this thing is busy the watch is busy on what it is busy on making sure that I bring back the money is that you're not allowed to tamper with that you're not allowed to try to sell it so I saw the water and I tell a person oh brother عبد الله he has my watch it's in his hand and I'll get it back to you in 3 days no I can't do that وحقوق عبادي or the rights of the creation حتى until يتيقنوا you are certain that you are free from it and you've established the rights of that thing I've given the person their money back and now I take my watch it becomes mine I then and only then can I say to him أخي here is buy it from me and we can sell it to each other the essence is you can't tamper with it نعم so the sheikh before I move on all of those 4 that he mentions there are 4 of those that he mentioned all fall under هل يقينوا لا يزولوا بالشكおっ لا يزالوا بالشك اف flowers أنضم انهم اتجلوا اتجلوا لأ bottle أل يقينوا لا يزولوا بالشك أو لا يزالوا بالشك يجب أن يكونون في ذلك كل من هؤلاء يجب أن يكونون في ذلك فالطالب العلم المدينة المعلمة يجب أن يجب أن يدع out those ويجب أن يكونوا أفهم في ذلك الآن سوف يذهب إلى القاعدة الأخرى فهذا كان كل هذه القاعدة الأولى الآن سوف نذهب إلى القاعدة الأخرى الآن ومنها أن مشاقة تجلب التصير المشاقة تجلب التصير الشغر الحما والله يتعالى يتعالى إلى القاعدة الأخرى فهناك قاعدة الأخرى وانه يتعالى إلى القاعدة الأخرى وهي that the مشاقة تجلب التصير مشاقة brings مشاقة is burden hardship brings ease now the usage of this word مشاقة and the شارع the kitab and the sunnah doesn't use it it doesn't use that word and rather we do find مشاقة in عبادات we do find hardship the word hardship because الله تعالى He said وستعينه بالصبري والصلاة وإنها لكبيرة إلا على الخاشعين so we do find it so the best thing that the sheikh said was he should have used the word العسر سباب لليسري because الله تعالى He said فإنما مع العسري يسرى so that would have been a better usage of the word so مشاقة it brings تيسير نعم وبنوا على هذا جميعا رخص رخص السفر وتخفيفة والعبادة والمعاملات وغيرها وغيرها الشيخ رحمه الله He said that based on this قاعدة the أصوليون the scholars of أصول بنوا على هذا جميع رخص السفر all of the رخص means the ease the sharia built it matters pertaining to traveling when you are a traveler you shoot in the prayer you don't have to fast all of that the sharia based on what this قاعدة وتخفيف في العبادات والمعاملات and making it easy matters of worship and matters of transactions they based on this قاعدة which is أن المشقة تجليبو التيسيراء that ease brings it comes with or the better word that we use which is العسر سبب لليوسري and the evidence for that is the ayah فإن مع العسري يوسرا which is in Surat Surat ألمنا شرح لك صدرك آية 5 نعم ومنها قولهم لا واجب مع العجس ولا محرم مع الضرورة now we're going to go into another قاعدة which is the third قاعدة that the sheikh is mentioning which is لا واجب there is no obligation مع العجزي when there is weakness and when there is lack of ability ولا محرم and there is no prohibition مع الضرورة when there is necessity involved this قاعدة goes hand in hand with the ayah فتقوا الله في الله مستطعتم as much as you're able to even the fear of Allah Allah connected it to what our ability so anything that a person is on he can't come with this obligation تقوا الله is it obligatory yes it is it is worthy but it's connected to what your ability الله تبارك وتعالى he said in another ayah لا يكليف الله نفسا إلا وسعها الله لا يبارك أحد أبقى their ability أبقى their طاقة so if a person is unable to pray standing up he can't pray فإنه يصلي جالسن the person pray sitting down ومن عجز عن الصلاة يجالسن and anyone who can't pray sitting down what does he do صلا وهو مضجع he prays and he's lying on his side where's the hadith for that the hadith in Bukhari من حديث عمراني بن حصين when the messenger صلى الله عليه وسلم he sat to him صلي قائما and pray standing up he said فإن لم تستطع if you're not able to pray standing up فقاعدا sit down فإن لم تستطع فعلى جانبن if you're not also able to pray sitting then pray on your side pray on your side so this قاعدة is from the قواعد المقررة في الشريعة it's from the قواعد which are solidified which are mentioned in our religion and also the other one which the sheikh mentions in the same sentence so the first part is لا واجه ومع العجز we spoke about that ولا محرما and there's no prohibition معضرورة when there is necessity involved so if a person is in a state of necessity then the matter becomes permissible for him and this is what the الصوليين say in other words in other in other wordings they say it الضرورة تبيح المحضورات necessity permits the impermissible necessity will permit for you something that is impermissible now this issue of الضرورة people have taken it to an extreme the issue of ضرورة people have pushed it and dragged it to an extreme so it's important that I put in place for you all this قاعدة which is الضرورة الضرورات تبيح المحضورات the necessity it brings the necessity it brings the impermissible so if something is a necessity you're now permitted the impermissible first of all I have to explain to you before I go into the conditions what is necessity a lot of people think necessity means if it's a life and death situation and that is one view of the scholars but that goes against the Arabic language so people think a necessity actually is if you're going to lose a body part or if your life is on the line for what your left is going to go or for what to win or your body part is going to go that is only when it's a necessity that isn't now also that's what it means now I'm going to give you guys the conditions that for something to be a necessity for us to say this is الضرورة it has to meet these criteria it has to meet these conditions then and only then does it become what it become a a necessity the first thing is that the necessity أن تكون الضرورة that this necessity لا تندفع إلا بفعلي المحضور we can't get this necessity cannot be removed unless we do a haram the only way we can is only by doing this haram there's no other option if we're able to find another option إذا أمكان if it's possible دفع الضرورة to remove this by what بغير ذلك المحضور other than this prohibited thing فإنه لا يقال at that point we don't say that you're allowed to go and fall into the haram if we've got another alternative example for this is it is impermissible يحرم الرجل it's haram for a man بالنظر إلى امرأة أجنبية it is impermissible for a man to look at a woman that is a foreigner from him he's not allowed to look at her and the shari'a did it prohibit that it prohibited it it prohibited it explicitly and it also prohibited it implicitly for example Allah says إني آية ولا تقربوا الزنا ولا تقربوا الزنا don't get close to zina in another hadayah hadith sorry in a hadith the professor الله عليه وسلم السلام عليه بن أبيل طالب he said لا تتبع النظرة don't follow a look بن نظرة تبع النظرة فإن لك الأولى the first one is for you meaning if you look at a woman by accident Allah will forgive you for the first one because it was by accident وليس لك الأخر but the second one is not yours or if you keep looking it's not for you anymore the month you look by accident you turn away insha'Allah you're not held in comfort but if you keep looking it's impermissible for you and you'll be held in comfort so you're not allowed to look at a woman this is a something which is محضور حرام but we have an issue here this woman هذه مراعة المريضة she's a sick woman who's ill as an illness and the necessity her situation is that she requires for a doctor to deal with her situation and the doctor who's going to deal with her involves he has to look at her body parts in order for him to in order for him to work on her or whether it's surgery or whether it's any other means he has to look at her and we also looked for a female to do the situation if there is a female doctor and we also gave up at this point it is permissible for this woman this woman to be dealt by a a male doctor it's a ضرورة it's a necessity good so he's allowed to look at her that's the first condition we don't have no other option we couldn't find a female if we have a female we're not allowed to result to him but if she can get cured without the doctor having to see her and in any other ways there are no other ways has to be taken good the second condition is that it's possible and يمكن ضرورة ودفعها بذلك المحظون this impermissible act we are definite that it's going to rebel it's going to get rid of and it can repel the what it can repel the necessity by us doing this حرام we are sure that the situation which is the necessity can be done for example let's take the same situation a girl she goes to a doctor she for example has she's bent her skin is bent and she goes to a doctor and the doctor the doctor is he hasn't specialized in skin and this is not his a field of his field of expertise he doesn't know this for him to go and say I'll do what I can in the شريعة he's not allowed to look at her if he doesn't know anything about this field he's like everyone else he's not allowed to look at her and in this in this point a lot of the فقهاء and the سوليين they add to it the issue of alcohol and I always use this example and which is if a person's in the desert and they're very thirsty and they may die out of thirst are they permitted to drink alcohol the سوليين they say it's not permissible for him to drink alcohol the reason is because alcohol doesn't fulfill the need of thirst rather increases the thirst it is what it increases the thirst but it is permissible for a person to remove something that is in his throat he's about to die because he she's choking or something and the only thing he could find is what the only thing he could find around him is alcohol he drink to remove it can he do that yes he can but can it get rid of thirst in the middle of the desert based on that no so it's not permissible because it can't fulfill the need of it can't fulfill that need of removing the necessity that was there the third condition that they stipulate to this matter is that the person does اللا يرتكبة that the person doesn't do من المحضوري from the thing that is prohibited he doesn't do it except إلا بمقدار ما تنتفع به الضرورة he does it to the extent that the necessity is so he doesn't do for example you had that and a pint of laga or whatever the alcohol that's next to you so what did you do? you sift it to just remove it you're not allowed to carry on carry on carry on carry on no what you do is you stick to the necessity the ضرورة is at its for example a doctor wants to work on a female and he has to see her for example he has to look at her he has to look at her stomach for example now the doctor is only permitted to look at that part of her body because that is what the ضرورة is he's not allowed to look at any other place of her body the only place he's allowed to look at is when he does that's when the scholars they say الضرورة تقدر بقدرها الضرورة اما الضرورة الضرورة تقدر بقدرها we we count it to the necessity that is the prohibition is only limited to what is needed we don't go above it huh at all the fourth condition that the scholars they stipulate to this matter is and they can they put in place is is that the person has to try to remove this necessity he himself first of all he has to try himself to get rid of it before he results to this it has to be the the final there isn't like the final huh he has to try it has to take every other little methods that he could in order to get to this and this should be his final result there's no other way he can get out of it that when those conditions are met it is important now what I really want you to all understand is and since we're talking about the issue of necessity الضرورة there is a matter which I have to explain all of this I'm saying is just a regurgitation it's just me repeating what I've already said in what they already said in قاعد الفقية this author his other book قاعد الفقية I've already explained that over there detailed but there is a matter that I have to go over again and explain it to you all إن شاء الله تعالى which is the issue of الضرورة if you're in a state of الضرورة and the state of you're in a state of necessity and meaning you're in a life and death situation and you go by a a group of camels you go by a group of camels and what do you do and you're about to die life and death you have to eat so what do you do you go and you slaughter yourself one of the camels is it permissible for you to do it نعم it is permissible for you because الضرورة now the owner is he allowed to request for it can the owner of that camel say to you I want the money the money of my camel every time you killed my camel I need the money for it or is he not allowed the scholars they say if when you slaughtered that camel you slaughtered it because you wanted it for yourself to eat then you have to give what is known as my man he has the right to request the money for it and you have to pay him back but if his camel it charged at you and it was about to kill you and you shot it you shot it because it was about to so both of them are necessity he was about to run you over or he was about to harm you or did something to you and then you fought back against it and you killed it then there is nothing on you there is nothing on you نعم so based on those points brothers and sisters the scholars they bring a lot of matters out of لا واجبا مع العجزي ولا محرمة مع الضرورة and I come pay attention with the sharia when it requests and it commands you to do something is connect to it ability when it tells you to do something ability is attached to it but prohibition ability is not attached to it because it's what it's to stay away and not do something ability is not connected to it but to do something and to go out of your way to do something there is an ability that is needed and that's why the Prophet ﷺ حاليث وإذا أمرتكم بأمرين if I order you a matter فأت منه مستطاعتهم come with what you're able from it do it and based on what come with whatever you're able to do from it نعم فالشارع لم يجب علينا مالا نقدر عليه بالكلية the sharia hasn't made obligatory on us the sharia has not made obligatory on us that which فالشارع لم يجب علينا it hasn't made obligatory on us ها مالا نقدر عليه that which we are unable to do بالكلية by by كلية means in totality there are things that we can't do partially but بالكلية in totality that isn't the case the sharia observed the sharia observed our ability when it was legislated it wasn't done for RA it wasn't just done this law didn't just wasn't passed ها knowing that you guys can't do this never so anything you find Allah has commanded you to do you are lying by saying I can't do it you are lying by saying you can't you can't do it because we have to either attribute oppression to Allah a ظلم and our belief of Allah is that he is what he is just and Allah doesn't oppress anybody سبحانه وتعالى and we also attribute to Allah knowledge complete knowledge that Allah is fully aware of you who is his creation Allah is fully aware of you as an individual what you can and what you can't do he knows it very well so when this law was passed it was based on the knowledge that Allah has of you and knows of you and it's also based upon الله تبارك وتعالى as عبدالجسطس so anyone who says to أخي this is too hard for me I can't do it this is وسواسم it's a whispers from the whispers of shaitan shaitan is whispering to you shaitan is whispering to you but then I have to explain to you it's if the person says I can't do it but I can't do it for now then لحبنا شك that's partial that the person can't do it for example the صلاة if a person says I can't pray at all because I haven't got the ability to pray at all then that is incorrect فالشارع لم يوجب علينا ما لا نقدر علي بالكلية but if the person says today I can't pray standing up we'll say to him no problem sit down he said I can't pray sit down even today we say lie down so he lies and he prays so the شريعة has observed that now وما أوجبه من الواجبات فعجز عنه العبد سقط عن وإذا قدر على بعضه واجب عليه ما يقدر علي وسقط عنه ما يعجز عن وامثلتها كثيرة جدا now we are speaking about the issue of اسقط الواجب الشيخ is talking about issue of what the wajib been uplifted from you the issue of the issue of the wajib been uplifted from you there is an اسقط كله sometimes the شريعة it uplifts the wajib in its totality from you for example this matter is obligatory you have to do it and the person says I can't fast Ramadan is in and he says I can't fast the sharia came and said forget the fasting don't fast that whole day that is all lifted from him that's called اسقط كله all of it some of the things the second type is what اسقط جزي اسقط جزي نعم اسقط جزي which is the sharia uplift some of it from you not all of it but some of it and that is like what I can't pray today the sharia says okay part of it is now being lifted from you what is it you don't have to pray standing up okay pray sitting up then he said I can't pray sitting they lie down so the sharia it didn't if you're unable to pray the salah the sharia has never ever lifted up the salah from you it has not lift lack of ability the sharia doesn't lift the salah from you whereas fasting you can't the sharia doesn't say you can't fast till ظهر okay fast after ظهر لماذا why because some of the واجبات يتبعض يتجزع some of the واجبات they can be broken into are you with me some no it's either found or it's absent but there's a third one which is disputed there's a third one which is disputed some of them try to put it into what they try to put it into that اسقط كله and some say some try to put it into what اسقط جزي or they try to add it to the مسائل and the واجبات which are يتبعض and some say لا لا لا يتبعض and they put it into that which is the issue of ظهر the ظهر if a person can do ظهر but he can't for example do on his head today because he's got a big wound on his head so what did you do some of the فقهر they say he does what he can do with the ظهر and he finishes the rest off with that تايمون they believe that يتبعض are you with me others have said لا he can't do ظهر his body the whole ظهر is lifted from him he just he needs to move on to the تايمون that's all lifted from him ظهر is not on his shoulder and we spoke about that in details when we were talking about القواعد الفقية so the شيخ here is trying to say وما أوجبه anything that the شارع has made obligatory من الواجبات from the obligatory matters فعاجز عنه العبد and the slave is unable to do سقط عنه it's lifted from him وإذا قدر على بعضه and if he's able to do some of it