 تبطه آدك الأيام فتا وتنح الحمد لله رب العالمين والعاقبة للمتقين ولا عدوان إلا على الظالمين وأصلي وأسلم على منبعث رحمة للعالمين سيدنا ونبينا محمد وعلى آله وأصحابه ومن تبيعهم بحسان إلى يوم دين أما بعد ورنا وكتاب الوراقات للإمام أبي معالي أبي معالي الجويني رحمه الله نحصل على أقسام الحكم التكليفي نحصل على المكروه هذا is where we are going to start from today نحصل على المحضور نحن now going to المكروه المكروه is ما يثاب على تركه The person is rewarded by leaving it if he does it by way of wanting reward from Allah ولا يعاقبه على فعلي and he is not punished ولا يعاقبه على فعلي and doing it he is not punished so this is the fifth and the last one of حكام التكليفي المكروه is the fifth type of حكام التكليفي and مكروه in Arabic language is a اسم مفعول is a اسم مفعول مشتقم من الكراهة and it is rooted and stemmed from the word الكراهة disliked وهي البغض it is when something is not liked it is hated فالمكروه بمعنى المبغض بوزن اسم المفعول technically what does it mean ما طلب الشرع it is what the sharia requests تركه it is leaving طلبا غير جازم طلبا غير جازم it is what the sharia requests for you to leave in a recommended manner in a recommended manner or not in a forceful manner so that is the best definition and we mentioned this before that the definition that the author of this book he is taking is not the تعريف that that was befitting meaning he is not taking the تعريف which is بيان الحقيقة الماهية but he is doing تعريف بالرسم so when we say ما طلب الشرع تركه what the sharia requests for you to leave what leaves that part the previous three what are the previous three واجب and مندوب ومبحع leaving that part of the definition they drop out با طلب الشرع تركه then when you say غير جازم what also leaves with the second guide the second guide the محضور also leaves ما كروه is what ما كروه is the person is rewarded والما كروه يوثاب وتاريكو the person who leaves it in Tithalan leaves it for the sake of Allah and he will reward it ولا يعقب فاعله and the one who does it the one who does it he is not punished he is not punished عبدالله ابنو صالح الفوزان in the sharah of this kitab he says وعلم نو أن للمكروه ثلاثة سطلاحات عند العلماء the makro has three definitions or yeah three definitions the makro has three definitions the first one is ما نوه يعنه نهية تنزيه the first one is that which is prohibited but the prohibition is not forcefully and that is the definition that we just took previously that's the first one that is the one that we took لأن الأحكام أربعة because the ahkam is four types وكل واحد قد خس باسم غالب عليه and each and every one of those ones was defined but that which overtook it فينبغي it is then required أن المكروه ينصرف إلى مسما دون غيره من ما قد يستعمل فيه the second one is حرام وهواء and to use the makro as حرام is غالب إطلاقات المتقدمين the previous scholars the majority of their wedding was this type which is that they would use the word مكروه as حرام كأمام أحمد وشافعي they would use the word مكروه and what they meant was فإنهم they يعبرون عن الحرام they would use حرام بلافض الكراهية بلافض الكراهية بلافض الكراهة they would use they would mean حرام but they would use it in the word of كراهة so they would say كراهة instead of saying حرام why would they do that they would do it because they were abstaining and they would be they were treading on the safer path in not saying that this matter is حرام like that they didn't want to say because they were scared of the speech of Allah in سورة النحل Allah says لما تصفوا لما تصفوا how do you read it و الأتقولوا لما تصفوا و الأتقولوا لما تصفوا اي لوصف قلسين 여러분 because the mic when you say و لا تقولوا do not say لما تصفوا قلسين است الليل that which your tongues your mouths described as Allah do not say فلاعض ده حرام نهرها علي ل الأتأثير الليل يتكلم لتفتروا على الله الكريم إمام أحمد وشافعي before him they would use the word كراهة it's disliked they meant it's حرام but the reason why they said كراهة instead of حرام is why because of that verse they were saying out of staying away from being very say حلال حرام so they were using a lighter word which is كراهة disliked but but but what happened is the majority of the late comers the majority of the late comers what did they do what did they do they became incorrect on their own scholars they became wrong on the scholars by do what and they explained the word كراهة to mean what في كلامهم on the speech of the scholars that it means بكراهة تنزيل they incorrectly ascribed to the imams that the كراهة that أحمد and شافعي used the students of the people who ascribed to the madhab of إمام أحمد or who ascribed to the madhab of إمام شافعي they incorrectly ascribed to the imams that the كراهة كراهة here meant what كراهة to تنزيل which is the first time when it wasn't meant by كراهة to تنزيل it was meant by what كراهة التحريم التحريم حرام they incorrectly did that وهاذا and that understanding from the late comers لم تريد الأئمة the scholars that's not what they wanted ومن كلامي إمام أحمد from the speeches of إمام أحمد is as follows إمام أحمد said المتع I dislike متع وصلات في المقابر and I hate and I dislike this prayer in the graves the متع is what is two types of متع متع تلحج ومتع تلنساء the متع of حج and that's not what he's referring to here the متع that إمام أحمد is referring to is what متع تلنساء contract marriage a man a woman with a contract he'll say I want to be with you for two, three days while I'm in the city I want to be with you for three days I'm here only for three days and so he stays with him for how many days three days on the third day he's leaving he's leaving okay when he's leaving he doesn't have to divorce her because it was the contract so he just has to leave the three days when it happens he can't even be with her if he wants to even if his journey is four days he can't stay with her who practiced متع the رافة they do now one of the stories that have been narrated is one of these they call themselves but they are not they are ayatullah they went to Iraq and when he went to Iraq because he's the big scholar they love him so he requested for a girl to be given to him I want a woman so they gave him a girl stepped with her and she became pregnant the girl so when she became pregnant he left he ordered her if you become pregnant from this name the child this she said okay he left 20 years something went by came back to the same city again he asked for a woman so a young girl was brought to him and he stepped with her and in the morning they had a conversation and they talked for the couple of days that he was there and she told him that my father is one of the ayatullahs he told my mother when she became pregnant to name me this and that and then after they found out it was him he was sleeping with his own his own daughter Islam prohibited it prohibited and it's it's a clear cut prohibition nothing Allah prohibit except there is filth and dirt in it nothing good in it so and I disliked and I also disliked وصلت في المقابل is this كراهة التحريم كراهة التحريم it's but the followers of the madhab ignorantly what do they do they ignore it so what do they do they say that he saw it was disliked he would they would say it's also the prophet it's haram and Muhammad here is saying it okay and pay attention this is the same issue that some people made music haram they said that the scholars I am to self they disliked it it wasn't haram it's makruh listening to music and they broke the speeches of the scholars not knowing that the كراهة المتقدمين اطلاقات المتقدمين by the majority of the كراهة was made by the harim and both of those two اكره المتعة وصلاته في المقابل both of them are haram مختصر الخرقي امام الخرقي it was the fourth century مختصر الخرقي and مختصر الخرقي is the shrah it's the book Ibn Qudama explained Ibn Qudama المقدسي the book he explained المغني which is a فق المقارن it's a very big book Ibn Qudama is explaining مختصر الخرقي he's explaining he's explaining that he was the fourth he was the fourth century that's 1000 years ago خراقي he said ويكره and it's disliked ايو توضأ that one does wudu to do wudu in what gold and silver vessel a utensil which is made out of gold or silver is that disliked or is it haram it's haram it's haram to do a wudu or even use امام الخرقي المختصر الخرقي he said ويكره is disliked ويكره is disliked ويكره he said He said خرقي he meant by the التحريمه it's haram وعلا اعلمه I don't know I don't know any Khilaf in this issue meaning Khilaf anybody who said that you can use gold or silver as a utensil I don't know anyone So the khilaf here وذلك لقيام الدليل على التحريم وانه يقول ذلك لأنه يجب أن يكون حراماً أيضاً أمام الشافع الرحيم الله يقول أكرا هو أمام الشافع يقول اي عظم مخلوقون اي عظم مخلوقون لأعرف ان يكون مقابل لأحد أن يكون مقابل حتى يجعل أن يكون مخافة الفتنة وفياة الفتنة وعلى الناس وعلى الناس لكن أعرف أن هذه الكراحة هي مخافة الفتنة وعلى الناس لكن أعرف أن هذه الكراحة هي مخافة الفتنة وعلى الناس لأن المسجد صلى الله عليه وسلم يقول لعن الله ليهودة والنصارة اتخذوا قبور أبياء مساجدان يقولوا قبور أبياء مساجدان ماذا يفعلون؟ يتخذوا قبور أبياء مساجدان يتخذوا قبور أبياء المسجدين وعلى المسجدين وعلى المسجدين يقومون بأن يكون حراماً وعلى أن يكون مخافة فقط فقط فقط when لعن لن يكون مخافة فقط فقط فقط وسileen جو مش成 لعن فذلك زخ م hand بأن يكون ساعة وكافة good لا، وينام هذا waterfall أنا المكافة كيف م كان لي؟ فتنة ، هل يمكنك أن تقول أن فتنة تستخدم؟ فتنة تستخدم وتقو فتنة لا تصيبنا الذين ظلموا منكم خاصة لذا فتنة تستخدم شيء that's light هذا التكلم عن إمام الشفعي عبد الرعوف المناوي يتكلم فيه كتاب فيدو القدير عبد الرعوف المناوي يجب أن نتكلم بأن الكراهة sometimes sorry أيضا في القرآن الله يستخدم الكراهة وإمان حرام 25 رولين اتكلم من هذا ولا تجعل مع الله إلهي آخر من هذه الآية من هذه الآية ولا تجعل سورة الإسراء الله يتكلم 25 أحكام 25 رولين after the 25 رولين الله تبارك وتعالى what did he say الله تبارك وتعالى after he says سبحانه وتعالى وكان سيئوه عند ربك مكروها كل ذلك كان سيئوه عند ربك مكروها all of those it's evil ones that were mentioned the wrong ones all of them to Allah are Makru what was mentioned shirk killing a Muslim burying your child alive all of those are mentioned they are not zina is mentioned can you say that all of those are matters which are which are disliked no so even though Allah used كل ذلك كان سيئوه عند ربك مكروها even though Allah used it تكراهه is my haram are you with me also Allah said in another ayah وكرها إليكم الكفر والفصوqة والعسيان وكرها Allah used كراها as what as haram here as well كفر والفصوqة والعسيان they are not matters which are which are disliked they are matters which are haram but also we have to keep in mind there are some texts that can have the word and it shows disliked لأن النبي صلى الله عليه وسلم came to him and he said to the prophet and the prophet was not was not upon purity the prophet just came out from his call of nature so what did the prophet do the prophet went and the prophet صلى الله عليه وسلم he done his tayamum when he finish his tayamum then he said to the prophet and the prophet said nothing stopped me and I replied for me to reply back to your salam nothing stopped me إلا أنني كريهتو except that I disliked except that I disliked to mention Allah إلا على طهارة except upon طهارة so the prophet I said I disliked here it doesn't mean haram it means maybe the prophet was trying to say I disliked it but it's allowed for you if somebody say gives you salams even that you're not upon طهارة you're allowed to say the caraha here is disliked not haram okay عبدالله ابن صالح الفوزان يتكلم عن أي مات which is good which we need to know فإن ورد الفضل كراهة if the word كراهة comes في كلامي الإيمامي أحمد in the speech of إيمام أحمد من غيري without without any evidence indicating no evidence indicates دليل من خارجي there's no external evidence على إرادة التحريم أو التلزين whether it is meant by or it is intended as haram or disliked no evidence is shown here the question is is that this caraha remember now when we showed when we said that أكره المتعة والصلاة في المقابر we can prove that he meant here haram because there are external evidences that prove that متعة as haram يوم خيبر before that it was allowed but after خيبر the prophet prevented it and prohibited it so the previous rule was obligated also الصلاة في المقابر praying in the مقابر except if a person جلازا missed him he can run and pray in the grave other than that he's not allowed to go and pray in the grave صلاة with a رقور and a sujood now pay attention we've realized أكره المتعة والصلاة في المقابر that he meant تحريم because there are evidences that show it is haram but what about if there is no evidence to show it which one of the two do you do does Imam Ahmad mean by it is it caraha to التحريم or caraha to التنزيه some of the groups they said يحملوا على كراهة التحريم some said it means كراهة التحريم a group have pushed a view and some have pushed a view that is كراهة التنزيه كراهة التحريم means it is haram كراهة التنزيه is that it is disliked and the scholars that push the view that is disliked that the كراهة here means disliked and that has reached the level of haram is a طوفي and Imam al-Tofi it is the view of a طوفي also ibn al-Najjar who is known as al-Imam al-Futuhi صاحبه كتاب شرحه كوكب المنير one of the best books that are written in usul al-Fikr شرح الكوكب المنير فتوحي said واختاره أكثر الأصحاب the majority of the the school the majority of the followers of the madhhab محمد a lot of the followers of who of the madhhab of Imam al-Ahmad ibn al-Hambal they were of the view that it meant فتوحي is trying to say that that's the majority of the view of the hambali all of you pay attention to this some people they make you laugh because when they hear وقال الأصحاب who do you think if i say to you his companions أصحاب means the companions of the madhhab so here when he says واختاره أكثر أصحابه أصحابه أحمد ibn al-Hambal the companions and the people and the followers of that madhhab that's what it means i don't think that is the companions of the messenger صلى الله عليه وسلم and the evidence that فتوحي brought was the example of أصحابه أحمد ibn al-Qaym أحمد ibn al-Hambal أكره النفخة في الطعامي I dislike the blowing into the food وإدمانوا اللحمي والخبز الكبار and consistently eating meat to eat meat consistently every time eat meat meat meat والخبز الكبار and also bread that has been out for long to also consistently eat أحمد صلى الله عليه وسلم now that cannot be that's not considered as haram right that's not haram that is considered كراهة التنزي and it's not considered haram because that is when there is no evidence external the asal of ibn al-Mahmed is tenzi but if there is external evidences the karah is then said that it means haram that is the first two the third view is so the first one we mentioned that the karah means تنزي the second one was haram now the third one is what the karah ترك الأولى ترك الأولى ترك الأولى means what preferably better than leaving it it was prefer to leave it prefer to leave it this type a lot of the أصوليين have forsaken this type but the فقها the فقها they mentioned it and this type of كراهة which is called ترك الأولى it falls in between what it falls between the كراهة and the مباح it's a level in between the كراهة and the مباح it's a level it's a stage the كراهة and the مباح and the difference between مقروه and the خلاف الأولى ترك الأولى which ever you call it it's the same you can call it خلاف الأولى or ترك الأولى the difference between that and the مقروه is as follows pay attention anything pay attention that the prohibition has come regarding it in particular and it's not in a forceful manner a prohibition it came regarding it but it's not in a forceful manner such as what such as what such as turning your neck in the صلاح to turn your neck are you with me the person to turn their neck in the صلاح are you allowed to turn right and left it's مقروه it's مقروه الأخض والإعطاء بالشمال taking and giving with what with the right with the left it's also a dislike it's مقروه are you with me okay the sheikh is going to mention examples إن شاء الله the difference between the مقروه and the خلاف الأولى is a prohibition came regarding it but the prohibition that came regarding it is not in a forceful manner it is not جازن good that's مقروه as for the خلاف الأولى it is what it is there hasn't come a particular prohibition regarding it but but but there came a request of an action in a in a manner such as the شريع I requested for you to do an action leaving what the شريع I told you to do but the شريع I didn't request for you to do this actually in a forceful manner so the matter is a سنة مثلا are you with me leaving that سنة is what is خلاف الأولى are you with me such as what leaving سنة الظهر are you with me the شريع I requested for you to do what the سنة الظهر leaving the سنة is خلاف الأولى but giving with your left and your right is called مقروه because the شريع came and it showed this like towards giving your left and your right and زركشي عليها رحمة الله زركشي in his كتاب البحر المحط he mentions that some of the scholars the speeches that they try to bring regarding ترك الأولى he says what تحقيق as a summary and a reality and نخلاف الأولى نخلاف الأولى is a it's a type it's a type part of the مقروه ودرجة المقروه and the مقروه's levels تتفاوه too it differs it's not one level the مقروه is not one level it differs different levels كما في سنة as in the سنة the سنة is also levels ولا ينبغي and it is not and you add this من آخر and it's not right to consider the خلاف الأولى a different type so then what happens أحكامه التكليفي becomes 6 instead of 5 وإلا لكانة الأحكام وهو خلاف المعروف and that goes against what is known أو كان خلاف الأولى خارج عن الشريعة or some of the people what did they say that the خلاف الأولى is not part of the أحكام الشريعة it has no bases there's only these 5 and it has no base other than that and that's also not the case it exists but it exists under مقرور now pay attention some of you still may have not understood the خلاف الأولى and the difference between the مقرور the شريعة are requested for you to do something are you with me are you with me but it's a سنة are you with me that which the شريعة are told you to do that thing which the شريعة are requested for you to do it's a سنة such as such as trying سنة أفور leaving it is called خلاف الأولى are you with me because there's no خلاف الأولى there is no prohibition put it with particularly it's just the opposite of a سنة that was mentioned where is the مقرور is what there's a كراه in this particular thing like blowing into your your food there's a كراه this حريث this show that they disliked it or for example giving salams to somebody giving salams to somebody whilst you're on a state of this impurity the شريعة clearly came and what did it do this particular thing it prohibited it in a not in a forceful manner in a recommended manner this is the مقرور clearly but this one is the opposite of a recommended act خلاف الأولى is called that is the difference between مقرور and خلاف الأولى I will stop there