 وَأَقُولُ فِي القُرْآنِ مَا جَاءَتْ بِيهِ آيَاتُوهُ فَهُوَ الْكَارِيمُ الْمُنْزَالُهُ وَأَقُولُ قَالَ اللَّهُ جَلَّ جَلَالُهُ وَالْمُسْطَافَ الْهَاديِ وَلَا أَتْ أَوْوَالُهُ الحمد لله الذي شرح سدور أولياءه بالإيمان وفتح لهم أبواب النصوص بقواعد البيان وصلى الله وسلم على من أنزل الله عليه الكتاب والميزان وعلى آله وصحابته ومن تبعهم بإحسان أما بعد قال المصنف رحمه الله ديوت رحمه الله سد أنه تعريفه أنه يقول يتضمن طلب الكفع على وجه الاستعلاق بصيغة مخصوصة هي المضارع المقرون بلا إناهية مثل قوله تعالى ولا تتبع أهواء الذين كذبوا بآياتنا والذين لا يؤمنون بالآخرة ولا تتبع أهواء الذين كذبوا بآياتنا والذين لا يؤمنون بالآخرة فخرج بقولنا قول الإشارة فلا تسمى نهيا وإن أفادت معناه وخرج بقولنا طلب الكفع الأمر لأنه طلب فعل وخرج بقولنا على وجه الاستعلاق للتماس والدعاء وغيره ما مما يستفاد من النهي بالقراء وخرج بقولنا بصيغة مخصوصة هي المضارع إلى آخره ما دل على طلب الكف بصيغة الأمر مثل دع اترك كفة ونحوها فإن هذه وإن تضمنت طلب الكف لكنها بصيغة الأمر فتكون أمرا لا نهيا قد استفاد طلب الكف بغير صيغة النهي مثل أن توصف الفعل بالتحريم أو الحذري أو القبح أو يذم فاعله أو يرتبع على فعله إعقاب أو نحو ذلك The prohibition and Nahi The definition of prohibition is a statement which includes a request to avoid doing something that is from a high authority with a specific format That of the present tense coupled with the lamb of prohibition Such as the statement of the most high Do not follow those who deny our revelations and who do not believe in the hereafter What is excluded from our definition is the word gestures as it is not known as a prohibition even if it gives it a meaning And what is also excluded from our words A request to avoid something is a command because it is a request to do something And what is also excluded from our words from a high authority is an appeal, a supplication or other than that from which a prohibition can be deduced And what is also excluded from our words a specific format of the present tense etc is what indicates a request to abstain from something with the format of And what is also excluded from our words a specific format of the present tense etc is what indicates a request to stop But the form is for a command and not a prohibition Furthermore, the prohibition can be understood in ways other than the normal forms of prohibition as mentioned above Such as when the act is described as Haram, severely warned against, distasteful The prohibition can be understood in ways other than the normal forms of prohibition as mentioned above And when the act is really warned against, distasteful The perpetrator is disparaged or that a punishment is ascribed to it and so on The author Rahimahullah الشيخ محمد بل صالح عثيمين When he clarified the command He went into the opposite of the command which is an Nahiyu prohibition The reason is because the Ossouliyna scholars of Ossoul al-Fiqh They say كل مسألة في الأمر لها وزان في النهي The Ossouliyna, the scholars of Ossoul al-Fiqh, they say كل مسألة every issue في الأمر which is in the command لها وزان في النهي It has an opposition It has an opposing spectrum Which is prohibition The author Rahimahullah He didn't define what Nahiyu means in the Arabic language He only defined it according to the Ossouliyna اصطلاح الأسوليين The author only mentioned that But what Nahiyu means in the Arabic language is اززجل والمنعو It is to prevent and stop something Well he had that because of that العقل the intellect in the Arabic language is called نهية العقل is called نهية And the plural of نهية is what نهة Does Allah not say أول النهة The people of intellect وليذلك the Prophet said in the hadith فلياليني Let it come close to me in the prayer In the first line Who The people who are أول النهة لياليني ميكم أصحى أهل النهة The Prophet ﷺ he said Let the people of the Quran And the people who are intellectual and smart Let them come close to me Why is The عقل referred to as نهية The reason is because it prevents the individual from doing مما لا يليق with that which does not be fitting The smart individual does not do what is not be fitting He doesn't do inappropriate things That's why the word عقل is called نهية That's the linguistic usage or the lexical usage Now we're going to go into the technical usage That the author gave رحمة الله He said that the definition of النهيو Prohibition Is according to the أصول يد قولون a speech When we say قول Again قول is a jinx Under it falls Five things What falls under it Five things What are the five things? Number one النهي Prohibition is a speech والتقيل Given a person an option والأمر Commanding والدعاء Supplication And the fifth one is الالتماس Appealing To appeal to someone Those five are قولون They fall on the speech And then at the first statement of قولون The author hasn't still taken out the rest He has not He has not got rid of the rest From the definition He only got rid of الإشارة And the فئن Actions are not considered prohibitions And then you can't If you say this to a person And you place your finger On your lips And you say be quiet Or you tell a person Don't do something Or you say that to them All of that is not considered النهي Even if it benefits prohibition Which is what? A زجل والمنع It gives you the meaning Of preventing you from something Stopping you from something It's still not نهي According to the أصولين Because it has to be what? قولون Then the author said طالابون Request It's قولون يتضمن طلب It's a speech that consists of what? Requesting And then when you say the word طالب Request What is it that leaves the definition now? We got rid of التخيير Option Given the person option From the five Which one is gone now التخيير To give a person an option Because that's not a طلب That is not a طلب So it doesn't enter في حقيقة النهي It doesn't go into the definition of النهي Then the author said طالب الكف كف means what To stay away from So what is it that leaves this الأمر الأمر The command is a what The command is قولون يتضمروا طلب الفعل Remember we took that When we were speaking about it In our last lesson That أمر Is that you've been requested to do something نهي You're requested to leave or something And then الكف When we say that يحترزوا به عن الأمر The author is trying to avoid لأين أمر Coming to the definition على وجه الاستعلاء على وجه الاستعلاء Means In an authoritative manner Remember we spoke about على وجه الاستعلاء The difference between الاستعلاء and علو We spoke about it In the chapter of الأمر In the chapter of command So anyone who wants to know Can go back there إن شاء الله تعالى But here the author Wants to get rid of what He wants to get rid of The last two remaining Which are what أدعاء And an إلتماس سبليكيشن And appealing They leave Because they both Don't come from An authoritative Approach The individual who's Supplicating is not Higher than the one Who is supplicating to Appealing Comes from a lower person To a higher person So That's good Then the author said بسيغة مخصوصة بسيغة مخصوصة In a specific format Why did he say In a specific format Why does the request Of leaving something Have to be done In a specific format Why? Because The نهي The prohibition Doesn't have any Direct form سيغة صريحة A direct form Other than لا تفعل That's the only Specific format It comes in Such as The example that The author gave ولا تتبع وهواء الذين كدبوا بآياتنا والذين لا يؤمنون بالآخرة And another I would be an evidence For him ولا تقربوا ما لليتيم إلا بالته أحسن Do not eat from The wealth of The orphans Except with good And also The statement of The Prophet Do not drink From the vessels Or Gold Do not drink with Gold and silver So The prohibition Doesn't have A form other than that لا تفعل The reason why The author chose to say بصيرة المخصوصة Is because He only wants it to be That specific format He wants to leave The other form Which is إفعل Do But it benefits Prohibition Like when the Prophet صلى الله عليه وسلم He said to him مغيرا دع هما Leave it فإن أتخلتوه مع طاهرة تاني Leave it Leave it I have what I put them on When I was pure I put it on In a state of purity Don't take them off My My Don't take it off from me فإن أتخلتوه When I put them طاهرة تاني In a state of purity دع هما Leave them Is a what إفعل But it's a what It's a prohibition He's prohibiting him From taking off his خفين Of him صلى الله عليه وسلم Also the ayah وما نهاكم عنه فانتهو Whatever he prohibits from you فانتهو فانتهو is إفعل But it's a prohibition These forms It's not what the author wants Why? Because It's a amr It's not a nahi These forms are called أمر We spoke about it before Good Also the Hadith of the Prophet is another example which is أترك الحبشة Leave of the Abyssinians Leave them Leave the Abyssinians ما تركوكم as long as they leave you The Prophet ﷺ He prohibited for the Muslims to invade the Abyssinians جهد الطلب is not done with the Abyssinians The Muslims should not invade them to do jihad الطلب The Abyssinians only jihad will definitely If they wage war on you then you should fight back with them What is the reason why the Prophet said that? The reason why the Prophet ﷺ which is أترك الحبشة Leave the Abyssinians alone ما تركوكم as long as they leave you Because if they don't leave you alone and they want to fight with you then you have to defend yourselves you honor You have to But don't wage war on them Why? Because there's no one else that's going to take the treasures from the Ka'bah إلا دوسوي قتيني من الحبشة Except a man with small shims from Abyssinia will do that Meaning the Prophet ﷺ is trying to allude to that these people are never going to accept any da'wah from Islam If you will fight with them they won't take Islam Because the concept of fighting with them in the first place was to bring them to Islam But here they won't accept it They won't accept it So it is not permissible to what? It is not permissible to fight with them Also the Prophet ﷺ he said in the hadith إج تانيبو السبع المبقات Stay away from the seven destructive sins إج تانيبو All of these are not prohibitions Because they all come in the form of what إفعال And what was the only form that we said that is for prohibition لا تفعال Which is إفعال مضالع with إله النهية Only that Also the Sheik رحمه الله he mentioned سيغة النهي which is غير صريحة an indirect form of prohibitions The Sheik mentioned them رحمه الله تعالى And you can find them more in كتاب الموافقات the third volume We are going to mention the six that the author رحمه الله mentioned Or the Sheik mentioned five and we are going to the sixth one in there إن شاء الله تعالى The first one is أن يوصف الفعل بالتحريم The action is described to be حرام Okay أن يوصف الفعل The action will be said about it That is حرام لك الله سألني آية حرمة عليكم الميتة The The corpse are made حرام from you حرمة The word حرام has been used here حرمة عليكم الميتة too The corpse are حرام from you ودمو the blood ولحم الخنزير and the flesh of the swine The second one is أن يوصف بالحذري بالحذري That the word prohibition is used And the word prohibition حذري And تحريم is roughly the same The third one is أن يوصف بالقبح That it's referred to as قبح قبح means what Something that's filthy Like the Prophet صلى الله عليه وسلم صلى الله عليه وسلم صلى الله عليه وسلم صلى الله عليه وسلم ثمانوا الكلبي The money That's attained from what The dog is خبيث It's خبيث It's filthy If you look at the word خبيث If you look at the usage of the word خبيث It's used in two meanings In the Quran No other meaning Wherever you find The word خبيث In the Quran It's one of two It's either used as حرام The word خبيث Number one is It's either used as حرام ويحل لهم طيبات ويحرم عليهم الخبائث خبائث يمس حرام He makes haram from them That things which are حرام The second one is ردي Something that is what? ردي Something which is filthy And that is The آية ولا تيمم الخبيثة منه تنفقونة ولا تيمم الخبيثة Do you not give out خبيثة The filthy things الصدقة Don't give it out as صدقة As Allah said ولا تيمم الخبيثة منه تنفقونة Don't give out And go towards the filthy things And give it out as charity What you should give out in charity are the good things And then the word خبيث is used as ايه حرام or ردي Something which is filthy Here خبيث is حرام That the money that's made out of the dog is حرام You can't buy and sell dogs And this we expanded on it more in our lecture prohibited elements of Islam is finance I'm an Islamic finance The fourth is The fourth type of the indirect prohibition is ايه يودم مفاعل The one who does it is rebuked scalded And this is like the statement of the Muslim In the woman who says that my husband gave me something when he didn't really give her something She wants to go to her co-wives A man is married to multiple wives So she wants to go to her co-wives And so what does she do When she goes to her co-wives She says to him Allah my husband may Allah grant him may Allah honor him He does this for me All this gold that I'm wearing he bought it for me But she's lying She rented it from somewhere She hid it from somewhere She just wants to make her co-wife jealous You see This The Prophet ﷺ when he said He said The one who tries to pretend to be in a particular situation to be like something to claim something In which he wasn't given That which he wasn't given He's like a person who's wearing Two garments The upper and the lower of falsehood Like he's wearing Two garments of falsehood Meaning he's pretending to be what he really isn't So This one The one he's been scolded here He's been rebuked He's blamed The fifth one is His action A punishment A result to a punishment His action Will result to a punishment كقولي تعالى Like the statement of Allah عز و جل إِنَّ الَّذِينَ يَأْقُولُونَ أَمْوَالَ لِيَتَعَمَا ظُلْمَنْ إِنَّمَا يَأْقُولُونَ فِي بُطُونِهِمْ نَارَا The ones who are eating the wealth of the orphans out of oppression Wrongly, they are eating the wealth of the orphans Allah said إِنَّمَا يَأْقُولُونَ They are eating nothing except في بطونِهِمْ نَارَا They are placing in their stomach the Hellfire The Hellfire So this action is resulting and it's the outcome of a punishment which is the Hellfire being placed in their stomach Number six is يُلعَ عَنَ فَاعِلُ The one who does it is cast اللعن What does it mean الطرط من رحمة الله is mercy is distance from them And the prophet peace be upon him sent in a famous حريث أبو داود and Tirmidhi narrated and Imam Tirmidhi he authenticated it in his Sunan that the messenger he said لَعَنَ اللَّهُ الرَّاشِيَ وَالْمُرْتَشِي may Allah's curse be upon the one who takes bribery and the one who gives bribery the one who takes and the one who gives it Now some people they haven't understood the reality of bribery and what does bribery actually mean We have to define what bribery means The scholars they say بريبري means ما يُعطا it is anything which is given لِإِبْطَالِ حَقِّن أو إِحْقَاقِ بَاطِلِ ما يُعطا it is anything that is given لِإِبْطَالِ حَقِّن لِإِبْطَالِ حَقِّن to nullify the truth to dismiss the truth to avoid the truth أو إِحْقَاقِ بَاطِلِ أو to establish falsehood to push forward falsehood That's what it means the definition of bribery in our religion For instance A person is ما يُعطا لِإِبْطَالِ حَقِّن A person's right is being destroyed The person يُعطا لِإِحْقِن he wants to he wants to destroy destroy and he wants to dismiss sorry the truth A person wants to destroy the truth So what does he do he goes to the qadi and he gives him money and he says get me out of this problem get me out of this problem The second one is أو إِحْقَاقِ بَاطِلِ The second one is he goes to the qadi and he says qadi this really isn't mine this isn't really mine this land or this property I don't own it I'll give you money just give it to me This is bribery but if a person gives money to attain their own right back they want to attain what was taken from them their right was taken from them there's no other way that they can attain it they can get it a group of people have taken it from them and they won't give it to them unless they pay or the qadi won't give it to them unless he pays bribery and it's his rights he's not doing إِبْطَالُ حقِل أو إِحْقَاقِ بَاطِلِ he just wants what is his rights The scholars like Shaykh-ul-Islam ibn-Taymiah and Abu-Sulaiman al-Khattabi and others they say that this is not bribery rather Shaykh-ul-Islam ibn-Taymiah he said the Salaf and the Khalaf this is what they said from great scholars of the Salaf and great scholars but the Khalaf this is an opinion they hold there are other group of scholars that say you can't even pay it you can't pay it then but that's not a strong view the view that's the strongest is if it's your rights that was taken from you and there is no other way to get it unless you pay bribery to get what is yours you are allowed to do so The author he then said مَا تَقتَظِهُ السِيغَةُنَّهي سِيغَةُنَّهي жَنْدَ الإِطْلاقِ تَقتَظي التَّحريمَ لمن is away from him سِيغَةٌَّهِ عِنْدَ الِطْلاقِ تَ قَولُهُ تَعَالَى وَمَا أَا تَاقُدُ الشَّنْةُ فَخُذُوهُ وَمَا نَهاْكُمْ عَنْهُ فَانْتَهُاigning وَمَى اَّتَاكُمْ準備 وما نهاكم عنه فانتهو فالأمر بالانتهاء عما نهى عنه يقتضي وجوب الانتهاء ومن لازم ذلك تحريم الفعلي ومن الأدلة على أنه يقتضي الفساد قوله صلى الله عليه وسلم من عملا ليس عليه أمرنا فهو رد أي مرضود وما نهي عنه فليس عليه أمر وما نهي عنه فليس عليه أمر النبي صلى الله عليه وسلم فيكون مرضودا يجب ن Prosecutor سبحانه وعليه عليه وسلم لم يساجر فهو رد أي من كذلك سنذهب إلى الآن. ماذا يجب أن تقوم with the unrestricted prohibition indicate what is the indicate and this is one of the most important chapters within and now because many issues of Fiqh is connected to this many and whatever position you take now on this issue will determine the outcome of many of your views the prohibition is looked at from two angles and the Sheikh رحمه الله مانشد it the first one is the prohibition what does it indicate and in regards to what is being prohibited for instance if a prohibition comes in the كتابة الله عزوة جل and the sunnah of the Prophet ﷺ what should we consider it what should we believe of it what should we hold regarding it what should our view be regarding this حرام or is it disliked this is the question but remember the prohibition that we're talking about is the unrestricted prohibition i mean if it gets connected with an external evidence then it becomes whatever the external evidence makes it become for instance الله says in the ayah ولا تقتم الشهادة do not conceal the testimony so that's a prohibition right now this حرام is not an unrestricted prohibition the reason why it's not an unrestricted prohibition is because الله says ومن يقتمها فإنه ثم قلبه وما فإنه ثم قلبه the Prophet ﷺ he says ومن يقتمها whoever conceals it فإنه ثم he is a ثنة قلبه his heart إذا فإنه ثم قلبه this has now become an external evidence that made it become حرام remember we said the things that make something حرام is what ايو ثم فاعلوا the one that does it is rebuked or ايو رتب على فئله عقاب that his action it results to a punishment so in this situation ولا تقتم الشهادة وما يقتمها فإنه آثم قلبه it turned it away from the unrestricted prohibition so this one we know it's حرام because of an external evidence we're not discussing this one we're not discussing this one also another example is ولا تقربوا زينة ولا تقربوا زينة do not come close to زينة this is not an unrestricted prohibition because came after it is إنه كان فا حشة وساء سبيل it's a filthy thing it's a crime it's a sin and what an evil way it is so إنه كان فا حشة وساء سبيل it's a kareena it's an external evidence that indicates that it is what حرام that's not what we're talking about for example if another is and so the two examples i gave you is when there was an external evidence that made it حرام what about if another external evidence came and took the prohibition towards other than حرام for instance the messenger رجل بالليلي إلا أن يضطر الإنسان إلى ذلك الحديث صحيح مسلم where it mentions that the messenger عليه الصلاة والسلام حديث المعباس صحيح مسلم that the prophet he prohibited that an individual is buried at night unless there's a necessity for it this prohibition it doesn't show حرام the reason is because the prophet ﷺ asked about a man صلى الله عليه وسلم عليه in the حديث مع عباس ودلسين مرة بقبر in the prophet ﷺ went by a grave قد دفن عليه لان the person was buried at night time the prophet then said when was this man buried and when was this person buried and then they said he was buried last night then the messenger ﷺ said to the companions why didn't you tell me they said oh messenger of Allah we didn't want to wake you up so we buried him and we prayed on him and then the prophet ﷺ he stood up and he prayed on the man and everyone lined up behind everyone lined up behind the prophet ﷺ and they prayed with him and عبد الله عباس ودلسين he said I was from the people prayed with the prophet ﷺ here we take from it is that the prophet did not reject he did not scold them he did not blame them he did not tell them off for burying night time so this prohibition we see it's what that it's not haram also when the prophet ﷺ he spoke about eating in the utensils or the vessels of the non-muslims the prophet ﷺ said لا تأكلوا فيها do not eat from it unless you find other if unless you can't find other than it meaning don't eat from the cups and the plates of the non-muslims unless you can't find anything other than it then wash their plates and their utensils properly and eat from it لا تأكلوا the prophet ﷺ do not eat this prohibition it is not لسة التحريم it's not for haram this prohibition doesn't show تحريم it shows قراهة التنزيل and the evidence for that is he ﷺ a woman she bought him ﷺ food on a plate he also did will do ﷺ from their utensils and etc so here what we say is this is not what we're talking about we're not talking about دلالة النهي المطلق the unrestricted prohibition we're talking about the so we're not talking about the restricted prohibition we're talking about the unrestricted one the majority of the أصوليين including the author himself they hold the opinion that if the prohibition comes unrestricted there's no external evidence that's taking it to any direction they have the opinion that it's على التحريم that it shows حرام in its default position and the evidence that they use are many the author only use the most famous evidence that they all use meaning those who are of his opinion they all use this evidence which is وما آتاكم الرسوله whatever the prophet gives you the word here that's been used in the ayah is وما آتاكم الرسوله and one has to know the difference between آتاكم and آتاكم آتاكم is a فعل متعدي آتاكم and it takes two mafouls آتاكم whatever the messenger gives you take it from him whereas وما آتاكم is a فعل لازم which means جاء so the first one is a transitive verb and the second one is intransitive verb and one has to know the difference between the two آتاكم it means أعطا whatever he gives to you take from him آتاكم it means أعطا and it takes two mafouls because it's a transitive verb it goes to two mafouls two objects but when you say آتاكم it is an intransitive verb and it means جاء and that's the author رحمه الله آيه that he uses وما آتاكم الرسوله فقوده whatever the prophet gives to you take it from him وما آتاكم whenever he prohibits from you now فانتاه stay away from it what's the word you listed لان how is he trying to extract from this آية that and how is he extracting this آية that the unrestricted prohibition it shows التحريل it shows حرام how is he trying to extract from it the way that he's trying to extract from it is الله سبحانه وتعالى he commanded he commanded to leave off that which and we already took before that the unrestricted command it shows obligation so from that it necessitates doing that which is prohibited from you is because the prohibition is the opposite of the command because if a person doesn't action which is واجب if a person i'm doing if if doing an action is واجب if we're doing an action is واجب leaving out leaving it off is what leaving it off is حرام so from this the result that comes from it is the نهي يقتض التحريم it benefits what prohibition so the قاعدة for them is أن النهي المطلاق يقتض التحريم the unrestricted prohibited the unrestricted the unrestricted prohibition benefits حرام and there are many four issues that come from this meaning this issue has a lot of thick issues stand on it there is a lot of thick issues that stand on it based on this for example the حديث of the professor عليه السلام where he said pray in the مرابد الغنم مرابد الغنم يميز what it means pray in the rest place of the ships pray pray in it if you want to don't pray in the rest places of the camel so this prohibition does it show حرام it all depends on whether you take أن النهي المطلاق يقتض التحريم facing the قبلة when you're doing your call of nature or facing away from it without any of course you're not inside a building or anything you're outside can you face the قبلة whilst doing your call of nature or can you face away حديث مقاري المسلم لا تستقبل القبلة ولا تستدبروها don't face the قبلة and don't face away from the قبلة بغائط ولا بولين ولكن شرقوا أو غربوا so here the question is the statement of the professor عليه السلام where he said and don't turn your back towards the قبلة when you're doing your call of nature does it show does it show حرام or based upon this all goes back to what دلالة النهي المطلاق what does the unprohibited prohibition benefit does it benefit التحريم or does it benefit otherwise we spoke about that first part we're now going to move on to the next part that which the unrestricted prohibits benefits us what is it على فساد المنهي عنه does it show us the unrestricted prohibition does it also show us that the thing that the person did the prohibition that he did is now null void does it destroy everything does it nullify everything does it terminate everything the أصولين again are unanimously in agreement if there comes an external evidence that shows that it's terminated that it's null and void then of course it is they agree on that for example the statement of the professor عليه السلام regarding a man who sold صاعة من تمرين he sold the صاعة of a tamar صاعة of a tamar by the way that the measurement of the صاعة is 2.600 kilograms because the صاعة is for mud and one mud is the cuff of a man like this okay and they hate كبار العلمة the measurement i'm giving you is the measurement of hate كبار العلمة they said that four mud is what is one صاعة صاعة is one صاعة four mud is one صاعة one mud is the hand of an ordinary man the measurement of that for them is 650 650 grams 650 grams times four it's what 2.600 2.600 now that's the kilograms that's the measurement of a صاعة this man the professor عليه السلام يقول here is فيبير صاعة the selling of one صاعة for or dates الجيد good dates so he had good dates this man he saw that another person had bad dates okay so he said okay listen give me two of two صاعة two صاعة of what of your your your cheap dates and i will give you one صاعة of my quality dates this is now a river right the professor عليه السلام what did he say to him he said لا تفعل do not do this this is a prohibition right he said don't pray he said he said بيع الجمعة بالدراهم ثم شتم ابتع بالدراهم جني جنياً اما جنياً اما جنيماً sorry لا تفعل بيع الجمعة بالدراهم ثم ابتع بالدراهم جني جنيباً جنيباً the professor عليه السلام he said لا تفعل بيع الجمعة بالدراهم ثم شتم ابتع بالدراهم جنيباً the professor said to the man no sell your quality dates what do you do sell your quality dates you got the money for it then buy it from this man buy it from him the two صاعة that you wanted with money if your quality is high sell it if it's worth a lot and you get more money for it get that money and then buy his two from him but to exchange one صاعة of a date for two صاعة that's حرام سريبان and it's not permissible some of the narration the professor عليه السلام said to the man when he really done a transaction the professor do turning back because the transaction was not avoid even this is an external evidence showing us that the prohibition here is percent so they all accept that one there's no dispute about that one they also showed and what about if it doesn't show it doesn't show a termination meaning the the prohibit they all agree they they're saying it's prohibited of course we've already agreed that it's prohibition right that we're not talking about we already took and that I'm not and that I'm not like the unrestricted prohibition is what what does it benefit حرام we already agreed on that we're not going to we're talking about the other point which is does it show not avoid does it show termination صح we need to open our brain here here they said the second one is if there comes an external evidence it diverts it from what what does it do it diverts it from uh i mean there's external evidence that shows that it's not null and void yes حرام but the actions the action is not null and void you're a sinner but your action is not null and void for example the professor عليه السلام he said the professor عليه السلام he said do not tie the others of camels and silly airships do not tie the others of the camels and the ships what does the others mean others means the the the the the Arabs what they would do is they would tie the the genital of the animal and so the milk will stay in there for a while the breast and everything will stay in there for a long long long long time and then it looks like when the animal is seen that his breast is full this animal looks like it produces a lot of milk so the person is going to look at and touch it and say subhanallah this animal is swollen it looks like it produces a lot of milk and so when he takes it home and he milks it he realized that that all of it was kept in there you see the professor لا تصر الإبلا والغنما فمن ابتعها بعده do not tie the others of camels and ships anyone who bought it if anyone brought it whether he wants to pursue and let that contract be that transaction be or whether he wants to terminate but what about if he wants to bring it back if he wants to bring the animal back he brings it back وصاعة من تمريم and he has to give a what a صاعة of a date why does he have to give صاعة of date because he took some milk out now the حنفية they came back and they said this is ربا this is what it's ربا وما إلى ذلك how can you say it's ربا there's a not صريح in this issue there's a clear evidence in this issue we don't want to go into that right now the حديث is narrated by بخاريان بخاريان مسلم بخاريان مسلم how this now shows us that this shows us that the action the Prophet ﷺ he said لا تصور الإبلا والغنام this is not is it not a prohibition of course we agree that it's حرام we're not talking about this حرام we're talking about whether it's نالا وويد whether it's فساد because that's what we're talking about now is it doesn't show فساد this showed us that it doesn't show فساد how do we how because if it showed فساد the Prophet wouldn't have not said that فهو بخير النبارين he has the he can choose if it was نالا وويد the Messenger ﷺ we would have said that they have to redo that transaction again the fact that he can choose the individual can choose shows that there the action is not facile it's not corrupt that it's not that it's not corrupt that's again external evidences we're not talking about that what are we talking about the نهي the unrestricted نهي does it benefit and does it indicate that it's نالا وويد that it's terminated without any external evidence that sheikh رحم الله is of the opinion and many of the أصولين that he does that it shows فساد and they have many evidence for this issue but the author again he suffice himself with a very famous evidence and that is the حريث of the Prophet ﷺ من عميل عمل الليس عليه أمرونا فهو رد anyone who does an action that's not from our affairs then it's rejected how is he's trying to extract ruling from this how what's the what will you still learn the Prophet ﷺ he told us here that every action that's not from our religion that is not from our legislation is what it's rejected rejected on the person and the prohibition is not from our religion and it is not from our legislation so it's rejected and whatever is rejected as the حريث mentioned is what مردود and whatever is rejected is what نالا وويد so from there what did they take أن الأصلة أن النهية المطلقة تضل فساد that the unrestricted prohibition benefits or indicates that this thing is null and void it's terminated the author رحم الله then said شرطي فيكون باطلة أن يكون النهي عايدا إلى أمر خارج لا يتعلق بذات المنهي عنه ولا شرطي فلا يكون باطلة مثال العادي إلا ذات المنهي عنه في العبادة النهي عن صوم يوم العيدين ومثال العادي إلا ذاتي في المعاملة أن نهي عن البيع بعد النداء الجمعة الثاني من من تلزمه الجمعة ومثال العادي إلا شرطي في العبادة أنهي عن لبس الرجل ثوب الحرير فستر العورة شرط لصحة الصلاة فإذا سترها بثوب منهي عنه لم تصح الصلاة لعود النهي إلى شرطه ومثال العادي إلا شرطي في المعاملة أنهي عن بيع الحملي فالعلم بالمبيع شرط ومثال النهي العادي إلا أمر خارج في العبادة أنهي عن لبس الرجل عمامة الحرير أنهي عن لبس الرجل عمامة الحرير فلو صلى وعليه عمامة حرير لم تبطل صلاته لأن النهي لا يعود إلى ذات الصلاة ولا شرطها ومثال العادي إلا أمر خارج في المعاملة أنهي عن غشي فلو باع شيئا من غشي لم يبطل البيع لأن النهي لا يعود إلى ذات البيع ولا شرطه لأن النهي لا يعود إلى ذات الصلاة ولا شرطه ومثال العادي إلا شرطه ومثال العادي إلا شرطه ومثال العادي إلا شرطه ومثال العادي فلو صلى وعليه عمامة حرير لم تبطل صلاة العودة و إذا كانت تفتحك و تدفعه أسرائه لأن الحصول على المتأكد من المتأكد من الحصول على المتأكد أن تقوم with the second principle when dealing with other people is the prohibition on the sale of a fetus load لأن المتعرفة من ما أنت تقوم with is a condition for the validity of the transaction إذا كانت تفتحك المتأكد من المتأكد من المتأكد من المتأكد من the transaction is not valid due to the condition of the prohibition لأن المتعرفة لا تقوم with the sale of the transaction because the transaction does not return back to the very thing itself or its condition المتعرفة رحمه الله يقوم with the principle of al-qa'idah المتعرفة تقوم with the principle which is the indication of the prohibition whether something is terminated or not ما يجب أن نفهم is that the prohibition goes to one of three things the first thing that either goes back to is إلى ذات المنهي عنه the thing that's being prohibited itself the thing itself though his prohibition is going back to the thing itself the second one is it goes back to the condition a prerequisite of this action مرحباً من هذه الأشياء لن نعود إلى الأشياء نفسه ولكن نعود إلى أشياء مستقبلة إلى هذه الأشياء سأعطي أشياء لكل of them والثالث one is an external issue that the prohibition is connected to دعني أعطي كل one in details أول one is the prohibition which goes back to the thing itself and that means it goes back to either the pillar what is the pillar the pillar is the essence of the action right just like the pillar is inside the building there is a pillar within actions okay for example البائع the one who is selling المشتري the one who is buying أثمانو the money المثمنو the product all of those are what all of those are four pillars when it comes to buying four pillars the one who is buying the one who is selling the thing that has been sold and the money that has been given for example if a young kid sells to a crazy person خمر in exchange for سوين this pillar is all haram all of the four pillars have been destroyed because the prohibition goes back to each of those four as a young kid a young child cannot sell أصطبي cannot sell okay مجنون cannot also buy because he is not مكلف خمر cannot be sold and nor can سوين be sold so he is giving him خمر for سوين to a crazy person the one who is selling is a child these are four of the pillars that we mentioned for بائع all of them have been nullified because all of them have prohibitions and the prohibition goes back to the pillars of what بائع so this is فساد corrupt just null and void it doesn't exist this transaction did not take place another one was the condition right a prohibition that refers back to or goes back to the condition what does it mean the condition again the condition is outside the what it's outside the عبادة it's a prerequisite it's a prerequisite for the عبادة for example الطهارة الطهارة or covering your private part or facing the قبل in the prayer all of them are what they all short their conditions number three is what إلى أمر خارجين an external thing the prohibition here is going back to an external thing so it's not going back to the thing itself and it's also not going back to what and it's not going back to the prerequisite so what is it going back to it's going back to an external thing something that's not a ركن or something that's not a شرط so what is it going back to it's going back to أمر خارجين an external thing for example a person who sells he you know the process he prohibited right to artificially to inflate price to artificially you don't want to buy something so you just somebody is buying a product and you say I'll give it to you better you were never intending to buy it and so you just want to get the price up and up and up and that's all you wanted you with me the process I said the process I said what he prohibited artificially inflate prices if a person buys something like that this bay is not it's not terminated it's not null and void because it doesn't go back to the pillars nor does it go back to the conditions it doesn't here what we have to understand إن شاء الله تعالى and we're going to speak about it tomorrow in our class إن شاء الله تعالى is the chapters of fiqh are two what are they and the sheikh mentioned it here إبادة and what معاملة how many did we just mention right now that the prohibition goes back to three right العائد إلى إلى ذات المنهية عنه العائد إلى شرطه العائد إلى أمر خارجي صح that which goes back to the pillar and the essence of the thing that which goes back to the condition and the third one is that which goes back to an external issue it goes back to external issue إبادة has those three and the معاملات has those three how many do you have in total how much do you have in total six those six are the prohibitions that you find whether in إبادة or in معاملات those are the six that which either goes back to إلى ذات المنهية عنه or it goes back to the conditions or it goes back to an external thing these are the صور that come from it these are the forms that come from it and that's the six forms that the author is mentioning here by the way الشيخ محمد صالح عثيمين is mentioning رحمه الله و تعالى so the الشيخ رحمه الله و تعالى الشيخ محمد بن صالح و العثيمين he goes into a القاعدة عند الحنابلة a قاعدة according to the scholars of the حنبي المنهب when it comes to the دلالة النهي the indication of the prohibition what does the نهي indicate what does it show he mentions the scholars are of the opinion that the prohibition either is showing that this act is now nullified so Allah prohibited something and his messenger prohibited something if someone does that prohibition in the act is that action nullified or is it not we know that the prohibition it shows تحريم the نهي shows تحريم we already taken that okay and we also discussed whether the نهي the prohibition shows فورية that this needs to be done straight away the question here is does it show فساد does it show corruption does it show that this act is nullified or not شغم العثيمين mentions something very important which is that the prohibition whether it shows that this act is nullified or not it goes back to three things number one أن يكون النهي عائدا إلى ذات المنهي عنه the prohibition goes back to the thing that is being prohibited it goes back to its essence in other words it goes back to a pillar from its pillars that's one number two أن يكون النهي with the prohibition عائدا goes back to إلى شرطه its prerequisites its conditions and number three is أن يكون النهي عائدا إلى أمر خارجي that the prohibition goes back to an external matter external thing those are the three in which a prohibition goes back to the first two which is if it goes back to the essence i.e. the pillar or the second which is if it goes back to the condition and the prerequisite then it's a null void and I'll give an example but if it goes back to an external matter then it's not null void let's take an example for each one the first one is أن يكون النهي عائدا إلى ذات المنهي عنه that the prohibition goes back to the thing that's prohibited an example for that is if a child he sells to an insane person first of all we know that selling has four pillars buying a selling and trading has four pillars the pillar is the one who's selling that's one pillar the second pillar is the third one is the money that's been given and the fourth which is the product those are the four pillars in which buying a selling is built on now a child is selling to an insane so a child can't sell an insane can't buy so two pillars already missing he's selling it to him بلحم الخنزير he's giving him pig meat okay he's giving خمر and he wants him to give him pig meat all four pillars are prohibited so because all of them are prohibited and they all go back to the essence of that which is prohibited all of it those four are all prohibited then this bay is not avoided the second one is it goes back to the condition such as the prohibition that goes back to the tahrar the tahrar is a prerequisite it's a condition okay you're not allowed to pray a salah without tahrar you're prohibited from that if a person does that prohibition then the salah is not avoided the third one the third one it goes back to an external issue it goes back to an external matter this one is not not avoided for example the prophet sallallahu alaihi wasallam he prohibited the prophet sallallahu alaihi wasallam عن النجش عن النجش means what the prophet sallallahu alaihi wasallam he prohibited from artificially inflating price نجش she is a what is to artificially inflate price this is prohibited but it doesn't go back to the pila and it doesn't go back to the prerequisite it is prohibited but but the transaction is now the sheikh mentioned he mentioned that the prohibition they go back to these three and they occur in two chapters of ibadah sorry two chapters of iq they enter the chapter of ibadah and the chapter of معاملة transaction so three enter ibadah and three enter معاملة transaction for example let me give an example of each one the prohibition that goes back to ibadah there are three إلا ذات المنهي عنه إلا شرطه إلا أمر خارجي let me give an example of each one and also that he قد يعود إلى معاملة إلا ذات المنهي عنه إلا شرطه إلا أمر خارجي three of three which is six they go into ibadah and معاملة let's go to the first one which is the one that goes back to the prohibition that goes back to إلا ذات المنهي عنه في العبادة in عبادة لكن for example the prohibition of fasting on يوم العيدي the two deeds let's avoid let's avoid the second one is the second form is the prohibition that goes back to the معاملة إلا ذات المنهي عنه an example for that one is the prohibition of selling after the second proclaim and a second calling of Juma of course this is referring to the one who Juma is obligatory on him this again is what this is null and void the second third form is النهي the prohibition يعود النهي إلا شرط المنهي عنه في العبادة the prerequisite for what the prohibition that falls in prerequisite of عبادة such as the prohibition on loops الرجل ثوب الحريني the man wearing silk clothes when he's praying the Salah that's a coin to the Madhab of the Hanabillah the man doesn't hold that opinion the statement that he said he chose that the Salah is صحيح with a though which is حرير and he believes that the prohibition here is not the condition he believes it goes back to أمر أمر خارجي an external matter which will come to us soon insha'Allah the fourth form way that it comes is that the prohibition goes back to the prerequisite in transaction which is معاملة and an example for this one is النهي عنبيع الحملي selling a pregnant animal no one knows this animal it's a prerequisite for transaction it's corrupt and it's none of way this transaction the fifth one is the prohibition going back to an external matter in عبادة such as the example that the sheikh brought right now which is the man wearing silk for instance it falls under this one and the sixth one is the prohibition that goes back to in transaction and this one for example is إذا تلقى الجلب that meeting the merchant before they enter the city the person goes and meets them outside and he sells and he buys from him the بيئ الصحيحية the بيئ الصحيحية even though it's prohibited to do so you know someone's going to come into the city they haven't seen the prices in the city or what not you meet them outside and you buy from them the profit he prohibited to meet the jaleb the merchants outside but if someone does that then the بيئ الصحيحية لأن النهي عائد إلى أمن خارجي because the prohibition is an external matter those are the those are the types of prohibitions و لذلك حنابلة they have a قاعدة which is the default position is the prohibition it indicates the prohibitions that come in the Quran and the Sunnah they show that this thing is null and void إلا إذا عاد إلى أمن خارجي في عبادة أو معاملة unless it goes back to an external matter in عبادة or in transaction and we gave the example for all of that و لذلك and other scholars have discussed it نعم the author then said يمسّن أحدكم ذكره بيمينه وهو يبوله فقد قال الجمهور إن النهي هنا للكراه لأن الذكر بضعة من الإنسان والحكمة من النهي تنزيه اليمن الثاني مثل قولي صلى الله عليه وسلم لمعاد لا تدعن أن تقول دوبرا كل صلاه اللهم أعني على ذكرك و شكرك و حسن عبادتك و الخطوة وال fee من المشاكل يمكن أن تتزيده في إنفجار كل سلام أحد قولي عندما تتزيده بصمس الأمر لا تتزيده باقر خط too المشاكل الأمر كبير هو أنه يتزيده و because this private part is part of the body them the right hand pure.. Number 2, guidance Such as the saying of the Prophet ﷺ I never leave of saying after every prayer Allah help me to remember you and give thanks to you and worship you well The Sheikh r'a'ima-Allah before he mentioned to us أنها المطلق يقتذر تحريب The unrestricted prohibition What is it, benefit? حرار تحريب The unrestricted prohibition إذا كانت تحريم أنه حرام. ثم يتكلم الأشياء التي يمكن أن تنظر هذه الأصلاح. الوقت when the unrestricted prohibition is no longer haram. And he mentioned رحمه الله تعالى 2. The first one is it becomes the prohibition. The Nahi becomes what? And of course it all has to be Karina because a Nahi المطلق we said. The unrestricted prohibition is different. This one there's a Karina. There's a factor of external force that's pushing away from the default position. The first one is Al-Karaha that is disliked. And the Hadith that the sheikh brought is لا يمسن أحدكم ذكره بيمينه وهو يبوله. Sheikh here he said ومثالو. He used a word ومثالو in Arabic language. إشعارا بأنه لا يرضيه. He's trying to give that feeling that he's not pleased with this example. What's funny is that he himself في شرحة الزاد المستقنع شغلوا عثيمين. He mentioned it's disliked as well. فهي سلوة مثالو. على كل حال لا يمسن أحدكم ذكره بيمينه وهو يبوله. Here he's trying to say that it is Karaha. It's disliked for the person to touch their private part with their right hand whilst they are urinating. The overwhelming majority of scholars they said here it is not Haram. It's Karaha to Tenzi. It's disliked. But there's the Qareena that is needed. Where is the Qareena? They said that the Qareena is that the private part was mentioned to be part of the body. And everyone knows that the body is not that the body isn't Haram to touch. The second one that the sheikh mentioned which is an Irshad. An Irshad is to guide someone. Even though you're prohibiting them but it's just a guidance. You're just guiding them from something you want them to stay away from. Like the Prophet ﷺ said to Mu'ad he said to him لا تدعنه. لا تدعنه. Do not leave. He said he was guiding him here. It comes in the form of a prohibition And نعم يستأصل في النهي المطلق يقتضي التحريم. Yes. The unrestricted prohibition benefits Haram. But here there's a Qareena something that diverted it which is the dua'a that the messenger made for him after that. Which is اللهم عيني على ذكريك وشكريك وحسن عبادتك. That's what Sana'aani mentioned in his Kitab. The author then said مان يدخل في الخطاب بالأمر و النهي الذي يدخل في الخطاب بالأمر و النهي هو المكلف و هو البالغ العاقل. فخرج بقولنا البالغ الصغير فلا يكلف إلا بالأمر و النهي تكليف المساوية للتكليف البالغ ولكنه يؤمر بالأبادات بعد التمييز تمرين له على الطاعه و يمنع من المعاصي ليعتاد الكف عنها وخرج بقولنا العاقل المجنون المجنون فلا يكلف بالأمر والنهي ولكن يمنع مما يكون فيه فيه تعد على غيره أو إفساد. ولو فعل المعمور به لم يصح منه الفعل لعدم قصد امتتال منه. ولا يرد على هذا إجاب الزكاة والحقوق المالية في مال الصغير والمجنون. لأن إجاب هذه مربوط باسباب معينة. متى وجدت سبتة الحكم. متى وجدت سبت الحكم. فهي منظور فيها إلى السبب لا إلى الفاعل. والتكليف بالأمر والنهي شامل للمسلمين والكفار لكن الكافر لا يصح منه فعل المعمور بحال كفري لقوله تعالى. وما منعهم ان تقبل منهم نفقاتهم. وما منعهم ان تقبل منهم نفقاتهم إلا انهم كفروا بالله وبرسوله. ولا يؤمر بقضاه إذا اسلم. لقوله تعالى قل للذين كفروا إي ينتهوا. يغفر لهم ما قد سلف. وقوله صلى الله عليه وسلم لعمر بالعاص. أما علمت يا عاص. وقوله صلى الله عليه وسلم لعمر بالعاص. أما علمت يا عمر إن الإسلام يهدم ما كان قبله. وإنما يعاقب على تركي إذا مات على الكفر لقوله تعالى عن جواب المجلمين إذا سئلوا ما سلاككم في سقر. ما سلاككم في سقر. قالوا لم نك من المصلين. ولم نكن نطعم المسكين. وكننا نخوض مع الخائضين. وكننا نكذب بيوم الدين. حتى أتانى اليقين. حتى أتانى يأتي لنا المصلينة. الشيخ رحمه الله. يجب أن يتكلم. ويجب أن يتكلم معنا المسكين. يتكلم عن الأمر والنهي. الآن يأتي إلى من يتكلم مع الشارع. المسكين. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. ومن يتكلم معهم. عن أن أعرف أن أخي who hasn't reached puberty is not in there غير المميز. So the child who hasn't reached puberty he's not being addressed here. But there's a question here. What about if the child can ... he hasn't reached puberty but he can tell he's reached Tameez, he can distinguish more things. We know if he can't distinguish anything. بالتفاق العصوليين. بالتفاق العلمة. By consensus if he can't distinguish anything then نعم. He's not being addressed. But there's a dispute. What about if he hasn't reached age of puberty but he's a مميز. He can distinguish things. Okay, we're going to see how ... What is it that they say that the child can distinguish something. But this is a dispute. Even though the overwhelming scholars of أصول الفق there are the opinion he's also not مقلف. He's also not مقلف. And the addressing of the شريعة is not talking to him. So the question here is the مميز how do the those who say that yes of course if he's مميز it doesn't reach age of puberty yeah he's مقلف. How do they identify who's a مميز? They took two approaches. The first one is ضبطه بالسين. They said 7 is a مميز. And the second one is ضبطه بالفهم. They said oh he understands what's been said to him. When he's asked questions he can answer questions. The ones who used the 7 they said our evidence for that is if the child reaches 7 you command in the prayer as the prophet SAW said مروا أبناءكم بالصلاة اللي سبعين command your children the salah when they are 7 وضربوهم عليها لعشرين and discipline them when they are 10 and they said that you stop them from the sins the other scholars who said that تمييز is not a مقلف it's only بلوغ They responded and they said This is to bring his heart closer to the religion is to teach him and nurture him upon the practice it's not that it's a burden on him but they said what about the beating the discipline that you do when he's 10 the scholars they said that the تقليف it talks about the punishments in the hereafter what's happening in this dunya it's not a تقليف so even if he's getting disciplined on this earth that doesn't show a تقليف is he going to be disciplined is he going to be punished the day of judgment the child if he doesn't pray at the age of 10 no it's not that's what they said is تقليف the second condition is العقل that the child the person is sane so the one who is مجنون the one who is insane he's not مقلف with the commandments and the prohibitions because he doesn't have عقل he's not sane العقل is ملاطق تقليف the scholars they said that عقل is what you are burdened for without it it is no تقليف and the حديث of the verse the pen is lifted from 3 عن المجنون حتى يفيق the insane one until he regains sanity وعن الصبيح حتى يبلغ and the child until he reaches age of puberty وعن النائم and also the one who is sleeping حتى يستيقظ until he wakes up but the person who is the guardian of the insane has to prevent him from every act that might need to transgression of other people's wealth other people's belongings because it can cause other people harm and if he does corrupt and destroy a group of people's wealth then his then money would be taken from his to be paid back but if he prays a Salah and he is insane or he fasts or he does Hajj it won't be accepted from him because what is needed for the عبادة نئة الامتتان the best has to have the intention to follow the Prophet ﷺ and the insane doesn't have that he doesn't know what he is doing nor does the child know what he is doing no no does the child know what he is doing the author of the رحمة الله goes into Islam is not a condition we know بلوغ is a condition for تكليف and العقل is a condition for تكليف لكن إسلام is not a condition for تكليف the sheikh mentions this and this is a matter that صولين talk about which is are the disbelievers being addressed in the sub-branches of the religion it's a long discussion the sheikh takes the opinion that they are being addressed meaning are they being spoken to when the Salah and the Zakat and the Hajj is spoken about is it talking to the disbelievers as well the sheikh brings couple of evidences he brings the ayah from the Quran when the disbelievers are placed in the house fire they will be questioned how did you end up in the house fire and the first thing they say is we never used to pray so this shows that they they are being punished for not praying but someone might say isn't this talking about the believers how do you know this is talking about the disbelievers in that same ayah they said that we used to believe disbelieve in the day of judgment meaning they were kufar then that's an indication that they were what that they were kufar so they were getting punished for leaving the Salah they were not feeding the masakeen and they were lying they were liens فروع issues they get punished for it the second evidence that the sheikh brought was the hadith of Amr ibn As where the prophet sallallahu alaihi wa sallam said did you not know did you not know that Islam nullifies and it demolishes everything that was done before it so the hadith has a مفهوم المخالفة the mantuk of the hadith is what i just mentioned is that the messenger sallallahu alaihi wa sallam told him that Islam will nullify every shortcoming and mistake that you have come with before that's the direct speech of the hadith but there is a مفهوم by the way just before i go to the مفهوم is that Islam is a موصول to feed the general means Islam nullifies everything everything that was that was done before you became a Muslim everything that's the mantuk of the hadith that is what the hadith is directly saying what about the مفهوم المخالف of the reverse understanding which is if he didn't become a Muslim he would have been punished for every sin so then what's entering there فروع الشريعة the sub branch of the shari'a as well because the mant is موصولة so the sheikh r.a he's of the opinion that the كفارع مغاطبون بفروع الشريعة that the disbelievers are being addressed in the sub branches of the religion some may bring an اعتراض which is when you oppose that by saying how is that possible when Allah is saying in the Quran يا ايه الذين اعملوا إذا قمتم إلى الصلاة فاغصلوا وجهكم وايديكم إلى المرافق those of you who believe if you stand up to the prayer then wash your faces and your hands to your elbows including elbows of course the question here is they're saying that Allah said at the beginning of the ayah يا ايه الذين اعملوا those of you who believe the question here is the mu'mineen are being spoken to here and the disbelievers are not being spoken to so how can you say that the كفار are مغاطبون في فروع الشريعة the scholars they responded and they said this is a خطاب التشريفي لا خطاب التخصيصي okay and you can find this more in the غيث الهوامع which is غيث الهوامع خطاب التشريفي الله is addressing them out of respect and honor for the believers but it's not that they're specific to them لا مبابي التخصيصي it's not from that angle of it being specific and unique to the believers مبابي التشريف it's the angle of honoring them and respecting the people of Iman as for if a disbeliever the sheikh mentions he comes with righteous actions like صلاة and صدقة and صيام they won't be accepted from him because he didn't come with the the prerequisite which is Islam and that sheikh bought the ayah وما مناعهم nothing prevented and took bala from them for it to be accepted from them نفقاتهم the charity that they gave إلا أنهم كفروا بالله وبرسوله except that they disbelieved in Allah and his messenger and another ayah فجعلناه هباء من ثورة we bought their actions and then Allah says we made it هباء من ثورة like it doesn't exist like null and void and if he takes Islam if he takes Islam he will not be commanded to bring back the عبادات that he missed why ترغيب له في الإسلام to urge him to come to Islam واتخفيفا علي imagine if somebody was taught to withhold all of those days what you missed ترغيب له في الإسلام ترغيب له في الإسلام واتخفيفا علي and the evidence that scholars used is the ayah of those who disbelieved say to them Muhammad the ones who disbelieved إي ينتهوا if they leave off إي ينتهوا if they leave off what they did before and they stay away from it meaning they repent from it you will be forgiven for everything عند حديث أب عمر بل عص وصو شو ذات دمد الشيخ رحمه الله سهية موانع التكليف للتكليف موانع منها الجهل والنسيان والإكره لقول النبي صلى الله عليه وسلم إن الله تجاوز عن أمة الخطأ والنسيان وما استكره عليه رواه ابن ماجة والبيهقي وله شواهد من الكتاب والسنة تدل على صحتي فالجهل عدم العلم فمتها المكلف مكلف صوي فالجهل عدم العلم فمتها فعل المكلف محرما جاهلا بتحريم فلا شيء علي كما تكلم في الصلاة جاهلا بتحريم بتحريم الكلام ومتها ترك واجما جاهلا بوجوبه لم يلزمه قضائه إذا كان قد فات وقته بالدليل أن النبي صلى الله عليه وسلم لم يأمر المسيئة في صلاتي وكان لا يطمئن فيها لم يأمره بقضائه ما فات من الصلاة وإنما أمروا بفعل الصلاة الحاضرة على الودح المشروع والنسيان ذهول القلب عن شيء معلوم فمتها فعل فمتها فعل محرما الناسيا فلا شيء عليه كما أكل في الصيام الناسيا ومتها ترك واجب الناسيا فلا شيء عليه حال نسيانه ولكن عليه فعله إذا كذكر ولكن عليه فعله إذا ذكره لقول النبي صلى الله عليه وسلم من نسي صلاة فليصليها إذا ذكرها والإكره إلزام الشخص بما لا يريد فمن أكره على شيء محارم فلا شيء عليه كمن أكره على الكفر وقلبه مطمئن بالإيمان ومن أكره على ترك واجب فلا شيء عليه حال الإكره وعليه قضاء إذا زال كمن أكره على ترك الصلاة حتى فإنه يلزمه قضاءها إذا زال الإكره وتلك الموانع إنما هي في حق الله لأنه مبنيول على العفو والرحمة أما في حق المخلوقين فلا تمنع من ضمان ما يجب ضمانه إذا لم يرضى صاحب الحق بسقوطه والله أعلم شيء that prevents someone from having to carry the ordains laid down by the sharia such as ignorance forgetfulness and coercion due to what the Prophet ﷺ said الله has forgiven my ummah for its mistakes what they forget and what they are forced to do narrated by Ibn Maja and Bayhaqi there are also corroborating evidences which from the Qur'an which prove its authenticity lack of knowledge so whenever a muqallif violates a prohibition and where of it being so then there is nothing upon him sin like someone speaking in the prayer and whenever he leaves an obligation not aware of it being obligatory he is not to be ordered to make up for it as long as the time for it has passed using as evidence the Prophet ﷺ when he did not order the person who prayed badly in his prayers in which he was not tranquil to make up all the mis prayers but ordered him to pray the current prayer according to the correct way forgetfulness absence of mind for something for something known so if someone falls into doing a prohibited act out of forgetfulness then there is no sin upon him such as the one who eats while fasting due to forgetfulness when someone forgets to fulfill a duty then there is nothing upon him while he is in that state of forgetfulness however he must do so when he remembers due to saying of the Prophet ﷺ whoever forgets to pray then let him pray when he remembers to do so coercion forcing a person into doing what he does when he is forced to do something forbidden then there is no sin upon him such as the one who is forced into acts of disbelief that's for me while his heart is at peace with faith also the one who is forced to not fulfill an obligation then there is no sin upon while he is being forced and that he fulfills it when he is no longer being forced and like the one who is forced to miss the prayer until after it's allotted time he must make up for that miss prayer as soon as he is under no coercion and all these things are with regards to the right of Allah which is based on forgiveness and mercy as for the rights of the creation then these things will not prevent whatsoever commitments that have been made are kept to it are kept to if the person who is involved does not choose to overlook it and Allah knows best when he mentioned the conditions and the prerequisites for تكليف he mentioned the preventing factors the things that prevent the تكليف and the scholars they call it that's the name that is given and the people who speak about this the most who talk about it the most are the حنفي أصولين they are the ones who speak about it the most الشيخ رحمه الله he mentioned three from the موانع التكليف he mentioned three of them الجهل والنسياد والإكره and the reason why he mentioned these three is because they are all present in one حديث the حديث is the prophet's statement the حديث found by Ibn Maja and Bayha generated it من حديثي إن الله تجاوز عن أمتي الخطأ والنسيان ومستكره عليه and the word الخطأ الجهل is inside الخطأ so the جهل and the خطأ are together and the second one is النسيان and the third one is we are going to go through each one in great details the الشيخ رحمه الله did a very good job here when he mentioned the حديث in the wording of he used that wording and this is in opposition to the أصوليين who are very ignorant when it comes to the حديث of the prophet one person if he does the mistake the أصوليين they don't verify so they will just copy that and they narrate that حديث in what رفع عن أمتي and that wording رفع عن أمتي which is the تخريج of the كتاب الهداية by مرغيناني he mentions that يوجد بهذا اللفظ في كتب الحديث that the word رفع عن أمتي رفع عن أمتي he said that this wording has not been found in any of the books of حديث okay but this حديث that the الشيخ brought himself أعله البويس البو صيري يورحمه الله البو صيري he mentioned that this حديث is weak okay and he said that there is a disconnection between أعطاء and إبراعبس and he mentioned that أعطاء narrated from عبيد الله لكن الإمام النوى he graded this حديث to be حسن and also وجوّد إسناده the chain of the حديث ابن كثير considered it to be the chain to be good because he said عبيد ابن عميرن اللي فيه he said he is a thicka أن شق للباني authenticated رحمه الله رحمه الله تعالى he authenticated it in his كتاب إرواي الغليل شق الباني أن شق بن عثيمين just to be on the safe side he said something after he brought the حديث he said تدل على صحتي he just said that the حديث شواهد and this shows that the word شواهد is used for what القرآنيك verse it can be used for شواهد he says تدل على صحتي the شواهد from the كتاب and the sunnah that shows the authenticity of this حديث شق بن عثيم is just trying to leave the خلاف okay and the evidence that he means that are backing up this حديث even if some peace scholars have considered it to be weak he is referring to what شواهد the آية ربنا لا تأخذنا إن نسينا أو أخطأنا أن the آية إلا من أُكرها وقلبه مُطمئنه بالإيمان those of the three اكراه النسيان is the Surah Al-Baqara 286 and the Surah Al-Nahl is the اكراه and also the حديث of the Prophet which is the Muhammad narrated in his Musnad أبو داودا لبرماجة من حديث عائشة ويبعضوها بعضا where the message is that there is no divorce and there is no freeing of the neck of a slave under coercion okay now let's go into the three types of the موانع التكليف the first one we said is جهل right ignorance and جهل we said is عدم العلم as the sheikh brought it عدم العلم has no knowledge the ignorance it comes in two forms it comes in two forms the first one is the person the sheikh mentioned it رحمة الله شكراه we just taken it from his speech is that the person is not heedless in learning some people are negligent they don't want to learn just heedless, negligent, careless the person he is not negligent he is new to Islam or he was raised in a lifestyle or is for example or is in a bedouin lifestyle he couldn't have got the ability to learn he had no chance to learn that individual has two situations he has two situations if he does something harm such as he talks in the prayer or a good news comes to him while he is in the middle of the prayer and then he just drops into prostration wants to do this شكري or he does zina or he steals or he has sexual intercourse with his wife while she is on a menstruation or he has sexual intercourse with his wife in the month of Ramadan all of this based on ignorance he is new to Islam or he was raised في بادية بعيدة و لم يتمكنه التعلم الشغمان شايم العتيمين فلا شي علي there is nothing upon this person when he means there is nothing upon him what does he mean فلا إثم علي there is no sin on him ولا قضاء علي he doesn't have to bring it back ولا كفارا and there is no expiation upon this person what's the evidence for that the evidence for that is two the first one is the حريث العربي والذي بالا في ناحية المسجد the bedouin man who urinated in the corner of the masjid the messenger didn't punish him for that صلى الله عليه وسلم حريث يسفان لبخاري المسلم and also the second evidence is حريثة معاوية من الحكم السلمي معاوية من الحكم السلمي رضي الله تعالى عنه when he spoke in the middle of the prayer and the messenger صلى الله عليه وسلم he did not blame him nor did he صلى الله عليه وسلم come on him to bring back the prayer and that's found in صحيه المسلم the second situation is that he leaves off a wajib he leaves off a wajib this one there's no sin on him as for whether he has to bring it back or not then it depends on whether the عباد has gone the time for it or it still stands if the time of the عباد still stands then he has to bring it back even if it's as short as a raka'a remaining for that time of the prayer when I say a raka'a left it doesn't mean the raka'a for the jama'a it means a raka'a for the timing of the prayer to finish then he has to bring it back if the time has gone then he doesn't have to bring it back he doesn't and the evidence for that is the المسيء صلاته the one who incorrectly prayed الصحابي who incorrectly prayed the messenger صلى الله عليه وسلم didn't come on him to bring it back صلى الله عليه وسلم he didn't and many of the companions they misunderstood the ayah of the الله عز وجل الخيط الأبيط من الخيط الأسود من الفجر they actually took two ropes one black and one white and they tied it on their leg and they said that they waited for it to come out until they can tell the white from the black and that's going to be very bright so in other words they were eating until past the time they misunderstood the verse the messenger صلى الله عليه وسلم didn't come on them to bring back the prayer sorry to bring back the fasting also عمار رضي الله وطع عمار من ياسر when he تمرغ في الصعيد كما تمرغ دابة when he was meant to do Taimum right but he didn't do the Taimum correctly he scuffled on the earth like the riding beast does the prophet didn't return him to bring back the prayer when the Ramadan was made obligatory on the second year of the Hijriah and the news didn't reach the people of Habashah it didn't reach them the Muslims that were in Abyssinia the news didn't reach them so the whole month left 20 times they missed them they didn't fast they didn't fast as for the man who was doing Wudu and then there was a portion of his leg where the water didn't touch the water didn't touch where did the prophet commanded him to do he commanded him to do the Wudu again the prophet صلى الله عليه وسلم commanded him to do the Wudu again why? because the time was still in because the time was still in the second is and Nisyan what does Nisyan mean? Nisyan is something about something that the person forgets something that they generally know but they just forgot it something you knew is no longer in your heart now you forgot it for a period of time that's what Nisyan means is to forget basically it comes in two ways but before I go into that one I need to mention the second form of جهل I only mention the first form of ignorance the second form of ignorance is he is negligent in terms of learning and he is able to learn but he didn't do so this one he is going to be accounted for every haram that he is done and he is also going to be accounted for every word which he left and it's he has to bring it back he has to he has to bring it back those عبادات that he missed and he has to pay it back now we are going to go into the Nisyan we said Nisyan means to forget something it comes in two forms and يفعل شيء المحرام and the person does something which is haram كمان صلى وعليه نجاسا a person prays and upon them is a najاسا the person is praying and there is upon them نجاسا or he speaks in the middle of the prayer out of forgetfulness or he eats in Ramadan out of forgetfulness or he places perfume or he chants while he is in a state of حرام out of forgetfulness فلا شيء عليه there is nothing upon this person meaning what do we mean by there is nothing upon him and there is no expiation that he needs to come with and he doesn't have to pay back anything he doesn't have to come back with that عبادة the second form is يترك واجب he leaves off a wajib like he forgot صلاة الظهري until the time went or he forgot to gives صدقة الفطري until صلاة العيد came there is no sin upon him and he is not burdened while he is forgetting while he is forgetting there is nothing upon him but when he remembers he has to bring it back whenever he remembers he has to bring it back and the evidence for that is the Hadith of the Prophet ص. ص. بخاري المسلم من نسي صلاة anyone who forget a prayer فليو صليها إذا ذكرها he has to pray when he remembers it and other عبادة all the other عبادة we take a qiyas from this an analogy from this the third which is الكراه is a person who is كواز or he is under duress كوازن or duress and it comes in two forms I mean two ways the first one is he is forced into doing something which is باطل this comes in two forms now the first form it comes in two ways in two situations he is made to do a haram thing like for example he is being coerced he is coerced into this belief but his heart is tranquil upon فلا شيء علي there is nothing upon this person and the evidence for that is the second form of the battle when a person is forced under كواز is he is told to leave of a wajib like he is told to leave Salah or he is told to leave fasting until the time is gone this person there is nothing upon him حال الإكره the country has banned him from fasting this you can't fast in Ramadan so what does he do he eats because he is under إكره but what does he have to do he has to do قضاء to bring it back in another time to bring it back in another time this is an issue that is outstanding in China where some Muslims in China are not allowed to fast so our problem is to what is to bring back the fasting another time that's the first form the second form is he is actually he is coerced into doing something with حق it's right like the governor and the leader of the Muslims he coerces him على طلاق divorce because this man did he turned his back on his wife sexually he said and he was told to he has 4 months and after 4 months he is still out stay no then he is divorced from her or any other legal reasons that's إكره which is حق and it will take place the conditions that the scholars mention that have to be found in إكره for it to be considered إكره a person cannot just easily say this is coercion and I wasn't able to do anything there are 3 conditions the person who is threatening you is able to fill and go through with their threat the second is the second one is the one who has been coerced into doing this he has a high speculation that this threat is going to happen the first one is able to do it and the second one is that it is most likely going to happen it's a possibility it's very high that it's going to happen and number 3 is a great harm is going to afflict him if it happens like for example he is going to be killed or he is going to be severely hit or he is going to be in prison for too long those are the 3 conditions that the scholars mentioned if you go to the 10th volume in المغني يبن القدامة mentions it you can find it also in the تحبير you can find it in the شرحة مختصر الروضة and other فقهات أصولين mention it we finish we are going to start with the general statement إن شاء الله يتعالى tomorrow's lesson anything which I have said that was wrong but incorrect it from me and shaitaan is a message I free from it سبحانك اللهم بحمدك أشدو الله إلا إله إلا الله أستغفرك وأتوب إلي