 فشرف بل اشتغالي بالعلم ولا تبغي به ما عشت يا دادا دالا وياله من شراف عظيمي الحمد لله رب العالمين له الحمد الحسن والثناء الجميل وشدوا الله إلا الله وحده لا شريك له يقول الحق وهو يهد السبيل وشدوا أن سيدنا ونبينا محمد صلى الله عليه وعلى آله وأصحابه والتابعين لهم بإحسانين إلى يوم الدين أما بعد إن شاء الله تعالى today's lecture is going to be about the ruling of a woman getting married without the permission of her Wali without the consent of her Wali her guardian this is what the topic is going to be about so the way insha'Allah تعالى this lecture is going to be structured is as follows the first insha'Allah تعالى sit that we're going to have today is going to be about an introduction today we're going to have an introduction and that's what we're going to be spending today's session with an introduction the second thing insha'Allah تعالى is or the first after the introduction which is the actual topic which is حكم النكاح بدون الولي what's the ruling of a nikah without the consent of the Wali the guardian of the woman the second is من هو الولي في النكاح the second one is who is the Wali in the nikah who is the woman's guardian who does the Sharia consider as a Wali number three is من هو الولي who is the Wali عند فقد الاب when the father is absent the third one is who is the Wali when the father is absent that's the third topic that we're going to be speaking about the fourth insha'Allah تعالى is أقسام أولياء المرى the types of guardians the woman has number five مسألة التولية والتحكيم we're going to be talking about issue called تولية and تحكيم and what do they mean we're going to have a correct perception of it then after that we're going to be speaking about حكم المولود the ruling of the child that is born from the marriage without the permission of the Wali what's the ruling regarding this child حكم المولود what is the ruling of the child that is born from this sort of marriage the marriage that doesn't have the consent and permission of the guardian of the woman last but not least شبوهات doubts that are brought and the responses to it إن شاء الله تعالى responding to each doubt that's brought giving it a detailed explanation إن شاء الله تعالى so this is how we plan بإذن الله الكريم to talk about this topic and to deal with this particular issue okay إن شاء الله تعالى مقدمة introduction the مقدمة we're going to speak about is ما هو الدليل what is the evidence what is a abiding evidence that one has to follow it's very important and this is a تولية مقدمة it's an introduction when we go into the when we go into the actual topic these points إن شاء الله تعالى is going to allow us to not differ بإذن الله الكريم and to see eye to eye with one another and to be in agreement with one another so what's an evidence what is it that is a abiding and that each and every one of us has to follow الله سبحانه وتعالى he says in the Quran اتبعوا ما أنزل إليكم من ربكم ولا تتبعوا من دونه أوليا قليلا ما تذكرون الله سبحانه وتعالى he says اتبعوا follow ما أنزل إليكم من ربكم that which has been sent to you from your load ولا تتبعوا and do not follow من دونه besides الله أوليا قليلا ما تذكرون so this آية explicitly says to us follow that which الله سبحانه وتعالى has sat down and do not follow besides الله أوليا الإمام أبو عبدالله القرطبي the great mufasir in the explanation of this verse he says وَدَلَّةِ الْآيَةُ this ayah has shown على تركي to leave off اتباع الأراء وقدَّلَّةِ الْآيَةُ على تركي تباع الأراء this ayah has shown to leave off following opinions معودود when there is a text present to leave off following opinions of individuals so this ayah has shown we have to leave the opinions of individuals and scholars and people of knowledge when there is an evidence present معودود when there is a text there the text can be الكتاب والإجماع the kitab the sunnah and the consense الله سبحانه وتعالى also says اتممت لكم دينكم وأتممت عليكم نعمتي ورضيت لكم الإسلام دينا today I have completed your religion onto you اليوم اكملت لكم دينكم today I have completed your religion onto you وأتممت عليكم نعمتي and I have established my blessings onto you ورضيت لكم الإسلام دينا الزلحجة اللي بروفسة عالسلمة هو في عرافة وانه يرسل هذه الآية اليومة today أكمل لكم دينكم today the religion is complete Finished واتممت عليكم نعمتي and my blessings I have finished it on to you وراضيت لكم الإسلام دينا and I have become happy with Islam as your religion ابن كثير said regarding this particular verse when he commented on it the great scholar ابن كثير رحمه الله he said هذه أكبر نعم الله عز وجل على هذه الأمة حيث أكمل تعالى لهم دينهم he said this is from the greatest blessings of Allah سبحانه وتعالى on to this umma because he has finished for them their religion فلا يحتاجون إلى دين غيره and they are not in need of any other religion besides it ولا إلى نبي غيري نبيهم and they are also not in need of any prophet after the prophet محمد صلى الله عليه وسلم صلى الله عليه وسلم وعلي ولي هذا and because of that جعله الله made the prophet خاتم الأنبياء the final the seal of prophets الله made in the seal of prophets because of that فلا حلالا إلا ما أحل له there is no halal except that which Allah makes halal and his messenger ولا حرامة and there is no haram إلا ما حرامه except that which Allah and his messenger make haram ولا دينة and there is no religion إلا ما حرامه except that which Allah and his messenger make haram and there is no religion إلا ما شرعه except that which Allah so what's a religion هو ما شرعه الله على السلط رسوله pay attention if I ask what is a religion of Islam it's a religion in which Allah legislated everything on the tongue of the messenger عليه الصلاة والسلام so here we learnt حرام أخصائص who is uniquely the one who has the right to make something halal and to make something haram الله سبحانه وتعالى and which tongue does he make this ruling apparent to us on the tongue of the prophet صلى الله عليه وسلم so anyone who says something is halal or anyone who says something is haram he has to what he has to have brought is from the kitab and the sunnah he has to have brought it from the kitab and the sunnah إذان للدليل is this إذا كتاب and the sunnah وإجماع الأمة so we've benefitted something from the word of who وعبد الله القرطبي and the word of who إبن كثير رحمه الله based on the two ayah واتبعوا ما أنزل إليكم من ربكم ولا تتبعوا من دوني أولياء قليلا ما تذكرون دينا هؤلاء الأمام ومع المهم من هؤلاء الأمام ومع المهم نحن نتعرف أنه ماذا أن الكتاب سنة وإجماع وحلال وحرام أحكام شرعية تكليفية صحيح ونحن نتعرف من مجرد منه ومن يجعل هذه الأرقام الله سبحانه وتعالى now that we've mentioned that point this topic that we're going to be speaking about which is حكم النكاح بدوني الولي the woman marrying without the consent of her Wali the scholars have divided into two the opinion regarding this has become two pay attention جمغور العلمة the majority of the scholars the overwhelming majority of scholars are of the opinion that a woman wanting to get married a prerequisite a شرط that's abiding that is obligatory on her is that she has to get the consent of her Wali the جمغور the overwhelming scholars are of the opinion or they state that it's a شرط لصحة النكاح for the validity of the نكاح the consent of the guardian has to be present there are some scholars who have opposed جمغور there are what there are some scholars who oppose جمغور العلمة the overwhelming majority such as عبو حنيفا رحمه الله the great noble imam عبو حنيفا رحمه الله رحمة واسعة من الله who bestowed upon him his never ending masi the second is الشعبي عمر بن شرحبيل the great noble imam he also held the view that it is it is not a condition for the validity of a marriage the third one is who محمد بن الشيهاب الزهري العلمان الزهري رحمه الله those three imams and I'm just mentioning them there may be others but these three are mainly mentions the majority of the books of fiq the majority of the times these three are mentioned because of their جلالة their nobility and their status and how strong their statements are in the hearts of the muslims عبو حنيفا رحمه الله and الشعبي and الزهري they opposed جمهور they went against them and so they said that pay attention there's موطع اتفاق and there's also a موطع which is there's a discussion and debate about and there's differences on they all agree that the woman has a guardian they are not denying that the woman has a guardian that's a تفاق they all agree upon that but they all differ upon what I'm going to say all I mean عبو حنيفا and شعبي and الزهري on one side and the جمهور on the other side they are differing on what they are differing on whether it is a شرطل سحة نكاح if it's a condition for the acceptance of the نكاح the validity of the نكاح if the guardian is a condition like that a binding condition for the woman's marriage now that we have this point now that we have what we would call a خلاف is there not a خلاف here we have a difference of opinion now we have what a difference of opinion here what is the what is the way that a believer who believes in Allah and that day of judgment the part that he should take and a person of knowledge what طريقة is put open for him now he has one group of scholars like عبو حريفا and شعبي and الزهري say that it is it is not a شرطل لسحة النكاح and we have the old overwhelming majority of scholars the جبهور on the other side say what that it's what that it's a شرطل لسحة النكاح here Allah تعالى تعالى towards what we need to do there is nothing you dispute amongst each other with ومختلفتم فيه من شيء from حكمه إلى الله there is nothing you dispute amongst each other with ومختلفتم فيه من شيء there is there is not a matter there is not a matter which you differ amongst yourselves with except for حكمه إلى الله except it's ruling you finally with Allah تعالى when we differ upon an issue نزخ الاف or amongst our علماء إليها the حكم is done with Allah تعالى وصول الله سبحانه وتعالى he says أيها الذين آملوا أطيع الله وأطيع الرسول وأول الأمر منكم فإن تلازعتم في شيء فردوه إلى الله والرسول إن كنتم تؤمنون بالله وليوم الأخير ذلك خير وحسن وتأويلة أو منكم الذين يؤمنون أباقي الله أباقي المسجر وأباقي الذين يدفعون أمامكم أنت there أنظر at this ayah there is a very powerful structure that the ayah uses الله says أطيع الله أطيع الله وعطيعه وعطيعه is also repeated again before the prophet the old artful of suffices from that أطيع الله ورسول على أبي the messenger pay attention الله says أطيع الله أبي الله وأطيع الرسول على أبي the messenger but then when he came to the scholars what did he say وأول الأمر منكم the reason is because الله and his messenger are unrestricted and their statements are abiding and obligated for you to follow as for أول الأمر منكم those who have authority on to you who have authority over you the scholars and the people of knowledge their obedience is if it's in accordance to the Kitab and the Sunnah صحيح and straight after that Allah says فإن تنازعتم فإن تنازعتم فإن تنازعتم فإن تنازعتم في شئ إن the dispute can be anything even if it's a fear issue because he says في شيئ إن بيسيخ الشرط تفيد العمون generalization what do we do فاردوه إلي الله ورسول إن كنتم تفيدوا و الرسولي انكم تؤمنونه بله و اليوم الآخر إذا أنتم يعتقدون الله في الإدبات تخبروني الله في المسجفём قيم الحبيب الله و أولاً و يقريبه يقول أنه يقول للمس으دي و يقول للمس bumper السلğlum إذا كانت يمالن يخبرونه لأن عندما أنتanya him و أنتاني فُلأت أن يمالن و يخبرك و يخبرك و يخبرك تخبرينيلك و يخبرونه و يخبرينك حان دمجت سنة ولكن أريكم أن تفهم هناك من هو الناس who has been spoken to here كل من هبب ودب who is the one who is able to bring it back to Allah's Messenger أهل العلم so don't come and say I am opposing Abu Hanifa أنا الشعبي أنا الزهري who are you to oppose Abu Hanifa who are you to oppose Shaabi who are you to oppose a Zuhri أئمة أئمة they are mountains in knowledge so here the people who have been spoken to are already mentioned in the verse as Imam al-Qurtubi mentioned Qurtubi said this is the ayah that shows that the people who bring it back to the Kitab and the Sunnah and the Ulama not the Awamunnaas, not the general mass are you with me the general mass they don't do that the أهل العلم are the ones because Allah just said وَأُولِ الْأَمْرِ مِنْكُمْ and those who have authority on you or the scholars and where he are not we are not opposing Abu Hanifa and Shaabi and Zuhri with our understanding we are opposing them with the view of the Jumhur صحيح the Khilaf that's here is amongst the Ulama not amongst us and an Al-Alim if it's us and an Al-Alim our Qawli لا عبرة له it has no consideration and it means nothing هرفتم good now that we've understood that if the scholars differ upon a matter the Kitab it has to be brought back to the Kitab it has to be brought back to the Kitab now that we've actually understood and we've comprehended that when Khilaf occurs what is the طريقة that a person needs to take what's the part that he has to take it is bringing back this dispute and this argument back to the Kitab and we said this is done by an Al-Alim a person of knowledge and not the Awamun that's not the general mass but there's a question here now a matter that needs to be pointed out which is at this particular point that there is a difference between two parties of scholars are they both right? you refer to both of them as correct or is there a right and a wrong? is there a right and a wrong? they're messing jar are you with me brothers? before I mention the Prophet's Hadith before I mention it the issues that a person has to or the issue that a person has to understand is as follows some people due to ignorance due to lack of understanding easily say لا إنكار في مسائل الخلاف they say there is no إنكار there is no إنكار إنكار could be what? what could we say إنكار is? huh? there is no rejecting there is no huh? hard rebukings, scolding in matters which are what? in matters which are what? خلاف now this is what? this is not right one cannot say لا إنكار في مسائل الخلاف you can't say that yes there is إنكار في مسائل الخلاف but what is correct is لا إنكار في مسائل في مسائل الاجتهاد لا إنكار في مسائل في مسائل اجتهاد there is no إنكار in issues of اجتهاد صح صحيح and there is a difference between the two there is a difference between لا إنكار في مسائل الخلاف صحيح؟ والفترة بين the two is that لا إنكار في مسائل الخلاف is one group of people have a text and the other group of scholars are not using text in this particular issue صحيح؟ so one of the groups are using a there's an evidence present in this argument on one party side at this particular point there is an inkar of the group that's going against this deal as for لا إنكار في مسائل اجتهاد that there's no inkar in issues of اجتهاد it means issue where there's no evidence for both parties or they are all relying on the same evidence are you there? but everyone is extracted from it a totally different understanding and the other one isn't صحيح? there are a lot of the time what is this? عديد التصحيح والتبعيف الحديث weakening and strengthening حديث is اجتهاد no one of the parties actually has a دليل مكتاب or سنة I from the Quran سنة of the professor of cinema to say that this حديث is huh? you don't know it's based on اجتهاد have you followed the science correctly and have you not followed this is اجتهاد that one are you there? you can say I believe this is right as for then saying that the other opinion when there's this issue is اجتهاد اجتهاد based on اجتهاد you're allowed to take a stance but the other parties stance you can't say it's battle you can't say it's what? مكتب or فاسد you can say راجحا مرجح صحيح as for if there's an evidence in this issue are you with me brothers the sisters were listening issues that have دليل present is called صحيح and فاسد there's a correct opinion and there's a fasted opinion corrupt opinion an incorrect opinion does that make sense? like in listen can we then say that the one whose opinion goes against the evidence what starts do we take regarding him? this is very important his opinion is wrong because it's دليل here the one whose opinion is wrong will say his opinion is wrong because he went against the evidence both parties can't be right when there's an evidence there because the prophet صلى الله عليه وسلم said اذا حكم الحاكم فجتهاد ثم اصاب فالهو اجلاني if the scholar he does اجتهاد and he gets it right he gets two reward he strives in a ruling he puts his hard work and effort in he comes out with a final conclusion and he says this is the ruling and then he gets it right he then gets two reward وإذا حكمة if he then strike the second one the second scholar is that he strives he does اجتهاد he strives the hard work and effort in and then he gives a ruling on this issue and then he gets it wrong ثم اخطأ فالهو اجلان he gets a reward for it what does he get but then look what the prophet said ثم اخطأ ثم اخطأ and he gets it wrong so we can't say this is قول خطأ wrong opinion you can't say to me في مسائل خلاف في انكار قول is فاسد or it's خطأ it's wrong and this قول is صحيح the prophet is saying this and not the statement of وكلهو من رسول الله غرفة من البحر أو رشقة من الديام all of them kind of dipped from the prophet every scholar is kind of taken from the prophet one way or another لا لا لا one is actually taken from the prophet it's a hadith and it uses an evidence and the other one missed it he got it wrong and this is based on the prophet صلى الله عليه وسلم the statement ولمام الشافع he said the same as well في الكتاب الرسالة he says اما ما دلت عليه السنة anything that the sunna shows فلا حجت في احد خالف قوله السنة there is no proof in anyone who's view or his statement goes against the Kitab and the sunna there's no proof in that you can't use that as an argument anything that the sunna shows and then we have a scholar that goes against this sunna فلا حجت there is no proof in this you can't use this as an argument in anybody في احد خالف قوله السنة anyone who's statement goes against the sunna there's no proof in this statement you can't use this رادة الشيخ اللمام الشافع اللمام الشافع رحمه الله زي من القيب رسالة يبني إبن محمد من ديس الشافع يبني إجمعه this issue there is no khilaf in this issue which is what he says اجمع الناس اجمع المسلمون different copies different where is they used اجمع الناس the people have unanimously agreed upon scholars and the awam of the people اجمع على أن من استبانت له سنة عال رسولي لا يصلى الله عليه وسلم لم يكن له أن يداعها لقول احد it is by consense يُنانمасти اجمعه than anybody who becomes clear to him the Sunnah of the Messenger صلى الله عليه وسلم becomes clear to him ص�نو سخ ساوي لم يكون ص. نوسخ سئيز لم يحلا it is not permissible for him أن يداعها لقولي أحد it is not permissible for him to leave it for the speaker of anybody once he becomes clear to you أن المسلمة صلى الله عليه وسلم قلت شيء و يوجد مرحبة في هذا أو المقبول فعل هذا هناك اتصالة من المنزل العسوى في هذه السؤال لا يمكنك أن تساعد ذلك مع تجاهة السكولة لا يمكنك راذا عبد الله ابن عباس رفوز to take the opinion of Abu Bakr and Umar who know Imam is equal to the two of these Abu Bakr and Umar no one's like them in this Ummah They are the best after the Prophet ﷺ ابن عباس he said أراهم سيهلكون I see these people are going to be destroyed أراهم سيهلكون These people they're going to be destroyed أقولوا قال النبي ﷺ I'm saying to them the Prophet said ويقولوا and they say to me نه أبو بكرن وعمر أبو بكرن وعمر Both of them prohibited this I'm saying to them I'm saying to them That the Messenger ﷺ has said And they are saying to me They are saying to me That أبو بكرن وعمر prohibited this So what is he trying to say أبو بكرن وعمر أفينين is nothing في مقابلة النصي في مقابلة النصي In opposition to the Kitab of the Sunnah أراهم سيهلكون So what is he trying to say يبن عباس when he was monopolizing the Da'wah يبن عباس Was trying to make everybody of one opinion And he wasn't respecting Umar أبو بكرن وعمر Can we say that لا He saw That this Mas'ala Was not a matter for him He believed there was no door open to each Tihad Why There is a present evidence here for him He has an ayah from the Quran And he has a prophetic Sunnah أبو بكر Sorry أبو عباس Now that I mention this Another thing I need to point out In the مقدمة Which is When scholars fall short In a view they've taken They've done in each Tihad We just stated that each Tihad was it right or wrong Wrong مثلا Can we state that the scholars opinion is wrong And ha'am We'll say you got it wrong These Zalat Or these Ha'fawat These shortcomings These mistakes that these imams come with Or these ulama come with The people And they fall The students of knowledge The general mass They fall in one of four Categories When it comes to the Zalat And as you all know عمر رضي الله عنه says As Imam Al-Darimi mentioned in his Sunnah ان شغل الباني Authenticated in his مشكات المصابح ان تخرج ان تعليق on it عمر رضي الله عنه said ثلاثن ثري يهديمن الاسلام ثري things they destroy Islam ثري things they destroy Islam They destroy The Deen And what are they زلت العالم The shortcoming of a skala وجدال المنافق بالقرآن And The argumentation Of the hypocrite With the Quran The hypocrite Using the Quran for his arguments وقائمة مضلون And the imams who are misguided So the first one is زلت العالم The alim's shortcoming Brings A dangerous path for the people It's a fitna It's a fitna So the people are one of four Pay attention There are what One of four Please pay attention to this The first of those is The people Who blindly follow him In his correct opinion They follow him in his correct opinion And when he gets it wrong They still follow him in it They do not Hold back Every single thing that comes from this imam Without Doing any tamiz Distinguishing Between what's right and wrong They take it all on board It's a fitna for those group of people Because they go against the ayat that we just mentioned واتبعوا ما أنزل إليكم من ربكم ولا ولا تتبعوا من دونه أوليا قليلا ما تذكرون The second is Those who Criticize Rather slander The scholars for the shortcomings that they have come with إهداروا مكانتي They put his status And his position down For the shortcomings that he has come with And the mistake that he has come with They want to Forget all of the good that he has done And his position It's also a fitna for those people as well The third who are the correct one Is They take the hack that he has mentioned That's in accordance to the Kitab and the Sunnah And the mistakes that he has They don't accept it from him They take all the correct opinions that he has come with And the mistakes that he has fallen in Which he has opposed the Kitab and the Sunnah They what? They don't take it from him And also They still remember his position And his status And his Makkana How he should be dealt with And how he should still be loved And respected And that he the Imam Who got it wrong Is still rewarded for his mistake So he is between what? Either two rewards or one reward They know that And they hold on to that Those are three right? The fourth who is the worst of them all The worst of them all Is He likes The opinions That are soft All of those mistakes that he might do He takes them and he makes a book out of it He makes a madhab out of it زلات العلمة Wherever imams go wrong And they do a mistake in He writes that down And he makes it his own madhab تتبع الرخص تتبع الرخص He follows Those Leadways He brings them together And he makes it a madhab for himself Those are the four Types of people there are when it comes to When it comes to the mistakes And the shortcomings of the scholars The Imam of Sharta He dealt with this in his In his So I'm going to read that The Imam of Sharta he says in his He says The mistake and the shortcoming Of the scholar It is not permissible For you to rely on it From an angle you are not allowed To rely on it وَلَلْ أَخْضُ بِهَا تَقْلِيدَ اللَّهُ And you are not allowed to take it From him blindly لا يجوز How powerful the statement is وذلك لأنها موضوع عطن على المقالفة للشرع و لذلك عدة زلة The reason is because It is in opposition To the Shara'a And that is why it was called So When a scholar comes with a mistake You can't say I'm a Hanafi I'm a Maliki So I have to still follow him in it That's what Imam of Sharta He is saying to you He said to you He said to you وَلَلْ أَخْضُ بِهَا تَقْلِيدَ اللَّهُ And it is not permissible For you to take it blindly Follow him And it goes against the Shara'a Which you were commanded to follow وَتَّبِعُوا مَا أُنزِلَ إِلَيْكُمْ مِرْ رَبِّكُمْ وَلَتَتَّبِعُوا مِنْ دُونِهِ أَوْلِيَا قليلاً ما تذكرون So that's pay attention That statement of Imam of Sharta He is talking about what Pay attention here I have to understand the point That I am bringing home The first group of people Who I said went wrong Where did they go wrong Because of the status Of the Imam and the scholar And how much respect and love They have for him They just took everything from him Without any distinguishing صحيح And Imam of Sharta Be refuted in that That point which is That mistake We can't accept it from him Because it goes against the Shara'a Now we are going to be talking about The second group of people Who went wrong Which is what What did they do They just He got it wrong They put him down They threw him You see Who is the person If you count his mistakes You're never going to find any shortcut Who is the person That you're never going to find Any mistakes in him If you would count If you look at his life But you know what's very virtuous And great The fact that you can Count his mistakes It shows you how great he is Is when you can't Count his mistakes When the problem arises When you can't Count his mistakes When you can't Count his mistakes When the problem arises When you can't Count his mistakes When you can't Count his mistakes That's honorable That is virtuous The fact that you This Imam has been Authorizing for the last 60 50 years And all you've got on him Is 5 6 mistakes God is great And you can't Count his mistakes Because these issues Are going to be Count his mistakes And you can't Count his mistakes You see Very important So you do not put him down And after you You are onlyasta So you are putting him down So you are putting And you put him down And you do it And you do it And yourising You do it And you bring that And you do it And you do it Clean And you do it And you do it And you do it I will show you To the very beginning Of that و أهلي بمكان قد يكون منه الهفوة والزلّة والزلّة هو فيها معظور بالبأجور لجتهاده فبل القيم يقول anyone who has knowledge of the sharia and he also even knows the waka the current situation he knows it very well يعلموا قاطعان he knows clearly he knows with unwavering conviction that an honorable person that an honorable person الذي يلوه في الإسلام قد مصالحه one who has a position in Islam he has a rank has a status within religion he has a authority he has left good things behind he has produced a lot of work for the ummah are you with me وهو من الإسلام وأهلي بمكان and he in the heart of the muslim he has a big position قد يكون منه الهفوة والزلّة a short coming to come from that person and a mistake can occur from him هو فيها معظور but he is excused for that mistake of his rather he says بل مأجور rather he is rewarded for his mistake لجتهاده for his striving that he has done فلا but look at this that's him that's his status that is his rank that is his that is his rank but what about the statement he just said because we still love him still respect him and honor him but that doesn't mean فلا يجرزوا but it's not permissible for you to follow him in his opinion don't conflate don't mistake the two for one another just because you said I'm not going to take the statement from him doesn't mean you're belittling him are you with me brothers فلا يجرزوا it is not permissible أن يتبع فيها it is not permissible for you to follow him in it ولا يجرزوا but also are you allowed to follow him this mistake that he has done this shortcoming you're not allowed to and you're also not allowed to ولا يجرزوا and you're not allowed to belittle him you're not allowed to belittle him you're not allowed to put him down ومنزيلة في قلوب المسلمين in the hearts of the Muslims you're not allowed to don't try to put him down I'm talking about what I'm talking about three groups now I'm talking about three groups the group that take everything تقليد الله شعطبي I'm responding to him ايبنون قيام I'm responding to who بوثes parties simultaneously automatically the third party comes out of it straight away which is what the ones who stay away from the mistake and they also praise him honour him respect him give him the position الله تمارك وطعاله gave him those three I mentioned now the fourth one is left those who follow the shortcoming they only look for it they only look for his shortcomings and they made that a view of this and that is تتبع الرخص تتبع الرخص they only follow the shortcoming ولمام سليمانا تييمي سليمانا تييمي he said ان أخلت برخصة كل علم if you take the رخصة of every scholar who comes with the رخصة an opinion where he's soft he's lean you just take those with the رخصة because it goes with the هوا اجتمع فيك شبر كله all evil will be present in you if what you do is you say is there a lean is there a lean in this particular issue there is there's a lean lean view out there soft kind you know you can take mortgage some scholars you said you can if you do that and you say okay and there's some scholars who say our music is حلال some scholars who say ها this is this write this all down for me فتوا it brings a madhab madhab a madhab out of this اجتمع فيك الشر كله لذلك there was an individual who كتب التراجم they mentioned it a person are you with me there was what there was somebody who took all the رخصة of the علم and he compiled it in a book and he bought it to one of the Muslim leaders he bought it to one of the Muslim leaders and he said this is it here you go just take this and some of the scholars saw that and they said to the leader do not follow this book do not take this book والله this is this is heresy صحيح this is what heresy heretic so when you find a people just taking any of the رخصة making a madhab of his some scholars said you can have a Muslim leader scholars say cut your beard if you want to you can take mortgage if you want to you could marry without the condition of the the consent of the guardian you could you could you could you could he takes all of those opinions اجتمع فيك الشر كله عبد البر is the one who bought the statement of Salman al Taymi in his كتاب جامع بيان العلم وفضل right after he brings it he says لا أعلم فيه خلافا الله أكبر he said this statement of Salman اتايمي is a consent it's an hijma and I do not know any difference of opinion regarding this which is if you take the رخصة of every scholar evil is present in you evil is what evil is present in you very good الامام الأوزاعي who is امامه أهل الشام who is he امامه امامه أهل الشام he said من أخذ بنواد للعلماء خرج من الإسلام anyone who takes the strange opinions of scholars he takes those rare strange opinions of the scholars he takes those خرج من الإسلام he leaves what he leaves what he leaves Islam if you start taking all of those opinions you see that person becomes a disbeliever tomorrow don't leave the religion so this is a very dangerous issue a very dangerous issue that's why it's very serious when it comes to this issue of how to deal with زلت العالم the shortcomings that come from scholars pay attention I have to mention this particular point sometimes a people attribute to an imam a mistake and they say this is a زلت from the scholar صحيح and they say this is a halfra from him a shortcoming from him but in reality it falls under the statement of the poet وكم من عائب قولا صحيحا وآفته من الفهم السقين how many criticize and blame a person but in reality the problem is not with the one who's been blamed or the one that's been criticized it's with the one who has tried to understand the statement of the one who is criticizing is you're having deficiency in understanding you're the one you're the one who's suffering in a lack of comprehension so it's important that the scholars are the ones who say that this is a زلت from this عالم and not every من كل ملحب with them not every single person an imam who's a محقق will say that he is the one who will say this because sometimes views are attributed to an imam which he didn't even hold صحيح he didn't even hold this opinion or he's been attributed to this opinion I'd rather he's the one who's writing this opinion he's actually writing this opinion it's not even a زلت it's صحيح it's قول الراجح in the issue so there is there is importance of observing all of that last but not least the scholars the imams امام ابو حنيفة امامو الشعبي عملمو الشعبي امامو محمد الشعبي الزهري these three noble imams that you mentioned what is it that Dave relied on what brought them to the conclusion that a woman can get married to a man without the consent of her guardian what are what's their proof what do they use because what we all agree upon that امامو ابو حنيفة is an عالم حقن who put the Kitab and the Sunnah before anything else the same applies with شعبي the same applies with الشعبي the same applies with امامو زهري so what is their argument صحيح what is their argument in which they have come to the conclusion that a woman can get married without the consent consent of her without the consent of her guardian there evidence is if a woman goes to a shop is she allowed to buy something product is she allowed to buy something from a market is she also allowed to sell in a market can she are you with me can a woman buy and sell is she allowed to buy something and is she allowed to sell something that belongs to her can she are you with me can she they said it's the same she can give herself out just like she can sell a product of hers that she has she has حق التصرف the way she is allowed to deal with her own product and she is allowed to sell it she is also permitted to give herself out and she can get married to whoever she sees fit but pay attention there is something I have to mention امامو حنيفة امامو زهري امامو شعبي رحمه الله رحمهم الله جميعا they all they all believe that she has to be they have to be they have to be they have to be equal to one another she can't be a 20 year old صحيح marrying a man who's from a different land she doesn't understand his dialect or what he's speaking about and he's you know he's old they have to be they have to be كف equal to one another it has to be what it has to be كف they both have to be equal to one another they have to be compatible basically it has to be compatibility but as for the guardian having to be the condition they said that's not a condition so now my question to you is brothers and sisters what was the evidence of امامو عبو حنيفة ام الشعبي ام زهري what's their evidence it's called قياس they took they done a Qiyas analogy they done a what an analogy قياس to give the rolling of the of the permissibility of a woman getting married without the consent of a guardian so this is if pay attention pay attention this is very powerful it's very powerful so we have ابو حنيفة we have الشعبي and we have امامو زهري رحمهم الله جميعا on this side saying our evidence is قياس because that's what they bought an analogy قياس is when there's a ارع are you with me and there's a علة جامعة بينهما صحيح that's the argument the argument was can she sell and buy her phone products yes same she can do with herself that's it now we look at the جمهور we say to you what's your evidence what's your evidence the جمهور say we have كتاب we have سنة we have آثار الصحابة and we have اقوالوا العلماء المتقدمين والمتاخرين اقوالوا ذو علماء قرنام بعد قرن generations after generations اقوالوا ذو تابعين انتابعوا تابعين ذو اقوال okay now what's the situation how do we how do we get out of this situation now first we said ابو حنيفة status cannot be put down لا تهدروا ما كانتوا the أمة متفقولة unanimous in agreement جلالة to him his nobility and status the same is with شعبي the same is with زهري are you with me but how is it that we deal with them the way we deal with them is فلا يجوزوا في زلتي we can't follow them in this mistake now why can't we follow them in this mistake because they have fallen into something known as قياس معنص قياس analogy here they have an analogy معنص with text كتابة سنة كتابة سنة كتابة سنة is what's here and of course they will go more they will go more they will go more but here we have الكتابة السنة for now okay and here we have قياس the قاعدة is القياس معنص فاسد الاعتبار this statement is فاسد الاعتبار it is null and void it falls under the quote that scholars say إذا جاء نهر الله بطال نهر معقل صح إذا جاء نهر الله بطال نهر معقل if the river of Allah comes then the river of معقل becomes null and void for example there's a village or a town or a desert are you with me brothers pay attention there's a man called معقل معقل there's a man called معقل he had a he had a little little place where he kept water okay so the people would come to him and they would drink from him and they would charge them for it are you with me he would what he would charge them for it but he would make money out of it brothers are you with me if Allah brings rain and the whole land becomes full of rain and they get rain from high above and then a river is made in front of them or a little lake or a pond will they go to معقل معقل is by Allah's water came now الحمد لله the same is إذا جاء الدليل بطال قياس when the dail comes then the قياس and everything that was been the اجتهاد that was been done بطال نلعبود we don't look at it we don't we don't look at it إن شاء الله تعالى I'm going to conclude بإذن الله الكريم for now and this was the this was the this was the مقدمة an introduction so إن شاء الله تعالى next session next sit we're going to be speaking about حكم النكاح بدون الولي what is the ruling of a woman getting married without the consent of her guardian anything which I have said that was wrong فإنه مني ومن الشيطان والله ورسوله باريان من is from me and الشيطان and Allah has messaged I'm free from it سبحانك اللهم بحمدك الشهد والله إله إلا الله استغفروك واتوب إلي