 تفوته آدك الأيام فتا تقوم بمعرفة كيف يعرفه وقع الحرسة هل خطأه أنه قد يترك وقع المعرفة وقع التعرفة وقع المعرفة وتستباح الناس العشبة يقدم على رعي عشبز الكلاع الرطم تكنيكلي ماذا يعني؟ ماذا يعني تكنيكلي؟ تذكرون؟ قد فعلت تكنيكلي قد فعلت تكنيكلي تعريفه بالرسم والمباح ما لا يثابه على فعلي ولا يعقبه على تركي ماذا يفعله؟ المباح is ما لا يثابه على فعلي The person is not going to be rewarded for what ما لا يثابه You're not going to be rewarded You're not doing it ولا يعقبه and you're not punished for leaving it Whether you do it or you leave it None of them you get punishment for No do you get rewarded for doing it No do you get punishment for leaving it It's your choice, do what you want مالا يتعلق به أمر ولا له يولي ذاتي Pay attention this is very important This definition is very very important and we have to analyze it ما لا يتعلقه It is that which A order and a prohibition is not attached to it in and within itself An order or a prohibition is not attached to it in and within itself This مباح A order or a prohibition is not attached to it in and within itself Such as what A person wants to have a bath so he can warm you know he can cool himself down Now is there order to it That's connected to it This action of having a bath It's a hot day and you say you know what We'll have a nice cold bath Is there an order from the Quran and the Sunnah That orders you to have a bath When it's a hot day Is there a prohibition connected to it Good There is no other بذاتي Good والمباشرة أمان to have intimacy with his wife أو to foreplay with his wife in the nights of Ramadan Is there any order connected to it No, there is no order connected to it Is there any prohibition connected to it at night of Ramadan There is no prohibition in and within itself Good When we say No order or no prohibition is attached to it in and within itself What has left the Rome and what المندوب أمر is connected to it والنهي And also a prohibition is not attached to it What leaves والمكرو Because Because both of them are what منهين عنه Those two are prohibited The third قيد The third قيد which is No order or prohibition is attached to the action in and within itself وضع إشو لذاتي Also what leaves What leaves is إذا كان المباح إذا كان المباح إذا كان المباح إذا كان المباح إذا كان المباح إذا كان المباح إذا كان المباح إذا كان الم Double إذا كان الم confirms It makes sense إذا كان المدرب فاذا حالك When we don't want it if what it's going to lead to is a order then the madersina then the punishment now becomes an order إذا كان هذا المساعدة لها حرام then this thing which is مباح إلا أنه مباح يصبح حرام منك يصبح مباح منك لأن هذا ما سيقوم بها هذا ما سيقوم بها سأعطيه مثل ما هو مباح ما هو مباح إلى حد تأكل تأكل هل هو مباح؟ هل هو مباح؟ جيد لكن لو توقف عليه بقاء الحياة الأur unless you truly stop your life then that's all then you'll be killed and there's a Halal meat or food in front of him he's about to die then this person chooses not to take it and it's a life and a death situation he's going to die if he doesn't take it in this situation what do we say in this situation it takes because Allah ordered us to take it لأن الله قد تساعدنا to save God our what في ذلك الوقت يجب أن تقوم with the command of that which is going to lead to لأنه في الشريع came to do what اخواني وضرورية الخمسة the five things that our religion came to save God from those is what the lives of the people so you are now obliged it becomes a command from the شريعة to eat يعني you have to eat now what we're talking about is that the food is Halal that the food you're eating is Halal as for the second one which is it's now going to lead to a what it's now it's the thing in itself is مباح but it's going to lead to a prohibition that which something you're prohibited from it takes the rolling of the prohibition such as what eating fruits eating fruits eating fruits is it مباح it's مباح right apple juice not juice sorry apples pineapples grapes fruits is it مباح in and within itself of course the answer is yes it is مباح in and within itself لكن what about if لو ادأ إلى تفويت صلاة الجماعة في المسجد صارة منهي العنو that the person is going to miss the Salah he's got a fruit here and the Jama'a has just started and he's going to pass him and he's a fruit in front of him is he allowed to eat the fruit are you all with me does that make sense at that moment we say to him لأ is حرام for you to eat it he can't say to us brother where's your evidence I can't eat fruits الله سبحانه وتعالى permitted everything for us to eat we will say نعم أصله نعم لذاته نعم لكن now it's a وسيلة to a haram I am a nahi a prohibition which is not to Mr.Jama'a in which you can and any which you can hear does that make sense now so with that definition we learn that the مباعز ما لا يتعلق به أمر ولا نهي لذاته no order all prohibition is attached to it it in and within itself good we've understood that الله سبحانه وتعالى everything that leads to it نعم looking and listening and that is that قاعدة which we just mentioned now is the قاعدة which we insha'Allah study when we go to قاعدة الفقية which is الوسائل لأحكام المقاصد الوسائل the means takes the ruling of the goal الوسيل the means will take the ruling of the goal the final thing it will take its ruling and so it becomes واجبا sometimes the مباع sometimes it becomes حرام sometimes it really becomes so sometimes it becomes واجب sometimes it becomes حرام sometimes it becomes مندوب and سنة and sometimes it becomes مكرو the مباح can take that all of that is in accordance to what the مقصد yes the goal the gold ending the last part of it good now we're going to move on swiftly إن شاء الله تعالى how can we know that something is مباح how can one affirm that this issue is مباح وتسبوتون إباحة بسيغ كثيرة وردس في نصوص شرعية there are many ways وإباحة is affirmed it can be affirmed and it can be established and in the Quran there are many ways it's identified إباحة there are many ways it is it is known and identified the first one is نفيل إسم والجناح والحرج when إسم جناح جناح and حرج are removed what does it mean الله says no sin on you الله سبحانه وتعالى says لا جناح there is no burden or hardship on you on this issue ولا حرج and there is no also no sin on you for this issue حرج and إسم is roughly the same meaning there is no sin on you for this issue once a sin and hardship is removed from you on this issue what does it become that is the first one to identify that this issue is مباح is to identify that it is مباح there is a verse in the Qur'an I-198 in سورة البقرة I-198 in سورة البقرة الله says سبحانه وتعالى ليس عليكم جناح أن تبتغوا فضل من ربكم ليس it is not عليكم it is not upon you جناح any burden أن تبتغوا فضل من ربكم remember the word أنا patent in Arabic أنا it is a word يحدث it is a word يحدث حرف الجر بالخياص it should be ليس عليكم جناح أن تبتغوا في أن تبتغوا that the word جر was removed and it happens so you say it is not upon you any burden أن تبتغوا فضل من ربكم to look for the bounties of your Lord this eye is referring to the people that have done Hajj and they've done finished their Hajj for them to to buy some products from Makkah and go to the land in which they came to and merchandise and sell no it is not right it is not right for them الله removed from them what ليس عليكم جناح there is no burden on you الله also said سبحانه وتعالى إن الندأ آية تبارك وتعالى that's the second one سورة النور this one is going to be what حرج is going to be removed جناح we've seen it حرج is what we need سورة النور آية 61 الله says ليس علي الأعما حرج it is not upon the blind one any sin ولا علي الأعرج and the disabled one among the lame one also on him is not what a sin ولا علي المريضي and also on the ill one there is not what a there is not a a sin brothers pay attention to this what does it mean that there is no sin on it it means the blind one and the disabled one and the ill one to eat في مواكلة مقابلهم for them to eat with the people who are like them sorry the people who are like them sorry the people who are opposite to them so who is the opposite to the blind the one who can see who is the opposite to the disabled one the able one and who is the opposite to the ill one the healthy person is no problem if he eats with those people there is no جناح there is no حرج why because normally when a person is blind or the person is disabled or the person is ill they tend to not be able to stick to the etiquette of eating he is blind so he puts his hand everywhere also he is disabled in the sense where maybe his body can or the way he sits or the way he so he opens his leg too much and he might cause hardship and distress hardship to the other Muslims Allah is saying there is no sin on you don't worry you don't do that to yourself also and the ill one people don't tend people Allah is saying there is nothing on you as well الله أكبر so who spoke about human rights first the creator of this so this آية is what ليس على الأعما حرجون it's مباح for him in what في كلة مقابليهم for him to eat with the people he is with there is no problem on him also also Allah is saying إنما حرم صورته بقرة آية 173 الله is saying إنما حرم عليكم الميتتة والدماء والحم الخنزير وما أهل به لغير الله فمن الضر غير باغن ولا عاد فلا إثم عليك الله is saying إنما حرم عليكم الميتتة الله has made حرام from you the dead والدماء and the blood والحم الخنزير and the meat of the what the pig وما أهل به لغير الله and anything that is slaughtered on other than Allah's name فمن الضر anyone who has been who is in a state of necessity غير باغن and he is not a baghe إم نجنية طبعي brought many many meanings of what the word baghe means but he started with two إم نجنية طبعي he started with what he started with two the baghe is like the person who's what the eye is saying that if you're in a state of necessity but not the baghe he's not under he's not he can't use this necessity as excuse who is the baghe it's the person who who uprises against a ruler and so what happens to me when he uprises against a ruler when he uprises against a ruler what happens to him he's out in the desert and he has nothing to eat without food he's not ضر he's not allowed to eat he's haram for him to eat we want him to die because of the heart he's a baghe he's transgressed the same way a man who travels to commit zina to a place and he's in the desert he's got nothing to eat he's not allowed to the rule is not it's not for him as well he mentions many more the second one he mentions رحمة الله تعالى is أكل الحرام مع وجود الحلال baghe is a person who eats الحرام while the حرام حلال is present and he mentions others a person who's going out for haram a person who who does a highway robber which is like the first one he's a highway robber he blocks the people's road he blocks the people's road he makes a checkpoint and no cars come people here are his days they saw him from the top and they cut away from him they made another route and no one's coming to him so he's broke the whole day and he gets hungry his car stops working and he gets hungry so he sees a a pig he feels like I've got a gun I just shoot it and eat it حرام he doesn't enter it وَلَا عَدٍ عَدٍ means what once it's been made permissible for him and it's allowed for him and he fulfills the criteria of permissibility then Allah says وَلَا عَدٍ and he doesn't also go above the need that he's given to him because remember you know the قاعدة ضرورة تقدر بقدرها the necessity it is determined with what to its need can't you say you know what yesterday I was a lot I should be allowed today so what you do is you take the حرام you put it in your fridge and you eat every day bit by bit that day you ate it you stay to its limits and you don't transcend above it that is the first one brothers that's the first way of affirming the affirming of the way that إباحة is mentioned the second one is نصع على الحل a text clearly says حلال حلال it says it such as what Allah says in the ayah وحل لكم it is made permissible for you ليلة الصيام the fasting the night of the fasting meaning the month of Ramadan the night it is made حلال for you what الرفث إلى نصائق الرفث means what sexual intimacy and foreplay with your wives it's allowed for you you're allowed to do that with your wives it's permitted for you now the word الله used it is وحل وحل means what مباح how is it good that's the second the third one which is عدم نصع على التحريم pay attention brothers and I want you to focus the first two that I mentioned have one thing in common ذو مباح it's those two first one I mentioned is called مباح الشرطي and you have to understand that the one that the ayah says نقيت from you إثم and sinning it also negates from you جناح it also negates from you حرج the second one which was النصع على الحل that it removes that the text comes and clearly says to its حلال those two what did I say they're called إباحة شرعية the shari'a stated and indicated that it's مباح the shari'a stated that هي مادل الدليل على إباحته the text الكتابة النصنة كليلي indicated that it's مباح correct the third one the third one pay attention عدم النصع على التحريب it became مباح because there's no text that makes it حرام the third one is there is no text out there that says this thing is حرام now I hope you all understand what we're talking about here we're talking about المعاملات transaction we're not talking about عبادات here عبادات brothers عبادات no معاملات it becomes مباح عدم النصي على التحريم yes you're right الشيخ الإسامي بلوتيم has said إمتفاء الدليل التحريم دليل على عدم التحريم the absence of an evidence that to prohibit a matter is an evidence for the thing to be مباح the absence of an evidence to say that this is حرام is an evidence to say that this is مباح that is what معاملات transactions buying, selling, marriage what you can eat what you can't eat what you can wear what you can't wear مباح the essence is that it's allowed the one who wants to say to this is حرام for you to wear or it's حرام for you to eat or it's حرام for you to marry this person if it doesn't bring it for you the absence of that prohibition is an evidence for you that is permissible good as for عبادة it has another point the عبادة is عدم الدليل دليل على بضعية وتحريم the عبادة a worshipping the absence of an evidence is an evidence that is an innovation and that is حرام that's what it is because the Prophet anyone who does an action that is not from our affairs is rejected rejected to the person it won't be taken from them so one has to keep that in mind لكن معاملات the principle for it is every matter which is beneficial the original essence of it is what that is حلال that is حلال this one right now is called what this one is called the third one so there's two types of عباحة الشرعية and عباحة الأصلي عباحة الشرعية as I said to you is that which has been affirmed by a text such as saying لا جناحة or saying لا ليس على الأعماء حرج or أحلأ مثلا you know and everything like that that is what a text to show what that is عباحة الشرعية a textual عباحة the next second one is called عباحة الأصلي it is مباح because of it not finding something to prohibit it now you'd wonder and ask yourself that what's the benefit in defining those two they're مباح مباح yeah there is a benefit there is a benefit the عباحة الشرعية if a ruler sees the need to prohibit something which is عباحة الشرعية he's not allowed to do it he's not allowed such as example the marriage of four wives a government a government cannot come and say that four wives cannot be married it's haram عباد الزوجات he cannot prohibit it are you with me that's عباحة الشرعية but if a ruler wants to prohibit something which is عباحة الأصلي he's allowed to do it for example walking on this side of the road are you allowed yes are you allowed to walk inside that road the government says to you you're going to walk on this side and you're not allowed to walk on this side and when that traffic light turns red you have to stop this is called عباحة الأصلي he's allowed to prohibit the people and that benefit was mentioned by أحمد محمد شاكير in his تعليق of مسند إمام و أحمد بن أحمد and I'm going to conclude there إن شاء الله سبحانك اللهم و بحمدك أشهد أن لا إله إلا الله