 فشرف بالاشتغالي بالعلم ولا تبغي به ما عشت يا بدا بدا وياله من شراف عظيم الحمد لله رب العالمين له الحمد الحسن والثناء الجميل وأشد أن لا إله إلا الله وحده لا شريك له يقول الحق وهو يهد السبيل وشد أن سيدنا ونبينا محمد صلى الله عليه وعلى آله وأصحابه والتابعين لهم بإحسان إلى يوم الدين أما بعد إن شاء الله تعالى today we're going to start the Kitab Kitab الورقات written by Allama عبد الملك ابن عبد الله الجويني ورحمه الله تعالى We're not going to go into the biography of the author because we've previously explained this book but إن شاء الله تعالى بإذن الله الكريم start the book straight away بإذن الله الكريم In the name of Allah the most merciful, the bestower of mercy and the author begins These pages comprise knowledge of aspects of the principles of Islamic law وصول الفق It consists of two distinct parts The root is that on which something else is built The branch al far is that which is built on something else Islamic law, Fiq is the knowledge of the divinely legislated rulings الأحكام الشرعية that are arrived at by independent reasoning الاجتهاد هذه ورقات تجتمل على معرفة فصول من أصول الفق وذلك لفظ مألف من جزئين مفردين أحدهما أصول والآخر الفق فالأصل ما يبن عليه غيره والفرع ما يبن على غيره والفق هو معرفة الأحكام الشرعية التي تريقها الإجتهاد لأوث رحمه الله الإمام الجويني ورحمه الله هذه الكتابة لدينا كتابة الورقات التي تفعلها في شرعه شرعه لا يكون هناك شخص يستطيع أن يفهم كتابة النسونا وذلك كما نفعل الشيخ الإسلامي بنوطيمية قلت that the evidence is نص مصدق وبحث محقق نص مصدق and بحث محقق when a person wants to speak about a matter they have to have authenticity in that which they are transmitting that's the first second that is required from that individual is that they accurately deduct correct ruling out of the textual evidence and what that deals with the latter of the two is which is correct deduction coming to a correct result and a correct conclusion is through this science وصول الفك and as we study it more we will insha'Allah understand it more the author in some of the publications of his book he actually starts with the بسم الله and if you have some of the copies of the book you'll see that the author starts by saying بسم الله الرحمن الرحيم and then he does الحمد لله رب العالمين وصلى الله عليه وسيدينا محمد وعلى آله وصحبه أجمعين وبعدوا and others they don't have that they don't have the حمدلة and the بسم الله but this book has نصخ خطية كثيرة this book has so many different manuscripts so there's not one copy that can be said that is correct over the other so if you want you can start with the بسم الله and the حمدلة and if you want you can leave it as you wish so the author then says فهذه ورقات these are ورقات ورقات is جمع مؤنث السالم it's a plural feminine it's a plural feminine من جموع القلة it's taken from جموع القلة according to سيبوه it's taken from what جموع القلة جموع القلة is that which is not less than 3 and not more than and not more than 10 so it's between 3 to 10 ما كان مدلوله عدد محدد لا يقل عن ثلاثة ولا يزيد عن عشرة it's between 3 and 10 and there's also جمع الكثرة which is basically anything that is from 10 onwards without a final limit without any limit after 10 so that's what ورقات means and the reason why he chose the reason why he chose to say and call his book ورقات is because لقصد التسهيلي على المبتدي pages ورقات means pages so he's saying to you that this book is only pages to make it easy for the beginner لينشطع على قراءتها والإلمامي بما فيها so he can have enthusiasm and he can be he can desire to want to know more because the book is not something big and based on that we'll also try to make it a very simple explanation and not to indulge too much into it so the شرح becomes simple so it's befitting for what the book is because the book itself is small and it's not fair that we explain it in too much details then the author says ورقات تشتمر على معريفتي knowing فصول من أصول الفقت فصول فصول is a heading that falls on the right chapter وليذلك they divide their books in the following they call it a كتاب which is a book and then in the كتاب in the كتاب falls a بواب باب باب باب it's a كتاب which is a book and then underneath that underneath the كتاب the book falls a باب باب is a chapter and underneath the باب falls فصل and the plural for فصل which is جبعو التكسير is فصول فصول فصول means what it means sub headings if that's the correct word to be used من أصول الفق so he's saying to you this is not going to be a book and it is also not going to be a باب but it's going to be something for صول sub headings taken from أصول taken from أصول الفق taken from أصول الفق then the author says وهو مألف من جزين مفردين here there's a point that we have to understand I don't want to because he said فصول من أصول الفق I don't want to explain what it means أصول الفق because we're going to come to it right now so he says وهو مؤلفن مؤلفن means what it consists of means جزيني two parts مفرديني that are singular the word مفرد as we know it can be the opposite of جمع and it can also sometimes be the opposite of what جملة sentence صح جملة أما تركيب here is the مفرد which is the opposite of what مركب and not the مفرد which is the opposite of a جمع so when he says وهو مؤلفن it consists of means جزيني two parts which are مفرديني he means that are not sentences so أصول by itself and الفق by itself when he done it to the poet he said والمفرد المضاف إن تركب مع غيره حتاءة ملقبة فحده يقول بالإفراد لكل واحد لدى النقادي ثم يعادوا ثانيا مركبة إذ لقبة لديه مو تركبة if the word is مركب it consists of two words such as what we have here right now we have أصول and then we have فق there are two words so the way to define it is in two ways the first way to define it is تعريف كل مفرد على حدا we define each one singlally so we define أصول what it means and then we define what الفق means that's the first way of defining it and then what we do is we go back to both of them together أصول and فق together تعريف ذلك التركيب بعد السيورورته لقبة اللى جملة بالمسائل العلم and then we go back again and we define أصول and فق together so the first way we define it is تعريف كل مفردة defining each of the two independently so we define what أصول means and then we define what الفق means and then what do we do we go back to it again and then we define both of them together أصول الفق what does it mean why is it because it has become a field that is studied because أصول الفق together now these two separate independent words have now become together and it has become a particular science it has turned into a particular science so that's why we have to define it like that we have to define it like that and that's why the أصول رحمه الله he says أحدهما the first of the two is أحدهما the first one is الأصول الأصول أصول is جمع تكسير it's a broken plural أصول it's a broken plural because the plural are how many types three types جمع مدكر سالم جمع مدكر سالم and جمع تكسير this is a broken plural and the singular for it is what أصل and the أصل is of two types the word أصل is of two types there's an أصل which is معنوي and there's an أصل which is حسي أصل which is معنوي is are you with me which is معنوي is that the أصل that's not tangible it's not empirical it's the أصل which is your إيمان ألم ترى كيف الضرب الله مثلا كريمة طيبة كشجرة طيبة أصلها ثابت وفرعها في السماء this أصل here is what it is not something tangible are you with me the second one is أصل which is tangible and that is أصل الجدار the foundation of the building it's tangible if you go down to it you can touch it it's at the bottom the foundation of a building the foundation of a building so the word أصل are you with me is it comes in those two types what does it linguistically mean the word أصل the word أصل linguistically means أصل linguistically means what linguistically means as ألمان ملجوانيو mentions ما ينبني عليه غيره أصل means what it is something that things are built upon things are built on it it's the foundation and things are built on it that is what's meant by it لغة لغة that is what it's that's what's meant by الأصل إصطلاحا تكنيكلي what does أصل mean what does أصل تكنيكلي mean the reason why we can't technically define what أصل means straight away is because we have to understand within the شريعة or technically the word أصل comes in more than one usage so each one has to be understood in order to define it correctly so you can't technically define it in one definition because it's used فيطلقوا على معانين many meanings are used are used the first one is the first one is أدليل the أصل sometimes is meant by أدليل evidence كقولنا like when we say أصل وجوب صوم the أصل the first thing is obligatory is قوله تعالى the statement of Allah يا أيها الذين آمنوا كتب عليكم الصيام كتب علي الذين من قبلكم لعلكم تتقول here what do we mean أي دليله here we mean when we say أصل وجوب صوم the أصل that the first thing is obligatory the أصل that the first thing is obligatory here means the دليل that the first thing is obligatory that's the first usage the second usage is القاعدة المستمرة القاعدة المستمرة the continuous principle so the second usage of the word أصل is القاعدة المستمرة the continuous principle for example we will say إباحة الميتة للمضطر على خلاف الأصلي the permissibility of the dead for the one in need it's opposite to the أصل what do we mean it's the opposite to the أصل here we mean it's the opposite it's the opposite to the قاعدة المستمرة the continuous principle which was that eating the dead is حرام it now goes against that principle the third usage is المقص عليه the third one is المقص عليه it means the thing that the analogy is taken from the third usage is the thing that the analogy is taken from when the scholars which we are going to be seeing it in باب القياس in the chapter of analogy the chapter of analogy when we speak about analogy we are going to take the analogy has four pillars the first one is الأصل the second one is الفرع the third one is الحكم and the last one which is العلا so أصل means what أصل is what المقص عليه the one that the analogy is taken from the one that the analogy is taken from صحيح that's the that's the usage of the word أصل now that we've understood what أصل means لغة وصطلاحة the author then goes on to والفرع ما يبنى على غيره والفرع the فرع is now the question scholars asked one another is why did the author actually bring the definition of الفرع here but we understand why he bought an أصل and why he's defining أصل because he's defining it from what angle he's defining it because تعريفوا the definition from the angle of كل مفرد على على حدا he's defining each one independently so we understood why he's defining why he's defining أصل لغة وصطلاحة but why has he now then gone into الفرع why is he bringing فرع into the picture we're not talking about الفرع the scholars they said two reasons they said two reasons the first reason they said is because it's the دراد he went off topic and he's trying to teach you the opposite of أصل since you've now learnt what أصل means he's trying to tell you that the opposite of an أصل is what الفرع فرع is the opposite of what أصل that's the usage of that's the reason why he had brought it here the second reason that the scholars mention is because you have to study some فرع فرع فق هي in order to be able to understand أصل الفق if you don't study فرع which is فق أصل الفق is إجمالية if you don't study تفصيلية which is فرع some فق يات if you don't have some فق in place it's not easy for you to study it's not easy for you to study أصل الفق it's not easy for you to study أصل الفق you have to have some فق with you in order to understand it okay here the other issue that the author was is critiqued for here right now is and we're going to see it is when he had defined أصل what did he define it as did he define it لغة أو إستلاحة the question here we have to analyse these are إعتراضات إعتراضات are oppositions questions that have been put put against العلامة الجويني رحمه الله رحمة واسعة what is it brothers he defined أصل تعريف لغوية he linguistically defined it but then let's look at when he defines فق he says معريفة الأحكام الشرعية التي طريقها الاجتهاد now that he is defining الفق is he defining it لغة or is he defining it إستلاحة he is defining الفق إستلاحة so he is not going according to one he is not going according to one قانون he is not following قانون واحد مطرد he is not following one mana because أصل and فق are what we are working on we are trying to define it independently each one right so if you defined أصول لغة then define فق لغة or if you are going to define أصول تكنيكلي إستلاحة then defined فق إستلاحة then because then you are going according to قانون واحد مطرد سالم من الإعلال والإخلال the reason why we will defend the author here right now even though he is done that is because he here right now is not following the author here is not following a particular principle like that because that which I am mentioning here is a قضية which is تتقيق تحقيق it is looking into the issue a bit too much and أبن معالي الجوين رحمة الله is not doing that this book is for a beginner so he is doing what he is doing is مراعات المصنف حال المتلقين he is only observing those who are going to read his book their beginners and he is looking at them as beginners so he is not doing تتقيق تحقيق like that but if anybody wants to hold him account for something and wants to correct him they have the right to do that in his other book البرحان في أصول الفقوة which he has and that book of his is a book he authored on a higher level and a higher caliber he is authored that book to observe التتقيق والتحقيق and any قضايا or any positions which he holds أبيم عالي الجويني رحمة الله he holds in this book and then we find an opposite opinion of his in his كتاب البرحان في أصول الفقوة we find another opinion of his in his كتاب البرحان في أصول الفقوة we can't say that there is an اضراب that there is a contradiction in the رأيه his opinion is اضراب في الكتابيني within the two books he's contradicting himself the answer is no because the placing of both books are different one book he placed it for a particular audience and the other one he has placed it for another purpose so this book he might have written it in a way and has gone against it in his other كتاب البرحان في أصول الفقوة so this كتاب is not a كتاب which is محرر for this particular field محرر meaning that he's following تتقيق وتحقيق he's trying to follow details and he's trying to observe the way he defines things that's not what he's trying to do here are you with me brothers also when the author came to the issue of الفق and the definition of الفق he did another point which is he defined الفق technically he defined technically and we already mentioned that that's number one which he didn't do for أصول but we said we don't have to hold him account for that the second thing that he has done here right now is that when he defined it what is the word that he used he said معريفة للأحكام الشرقية he said what he said معريفة it is to know and if we say معريفة is the author has now defined the word connecting the knowledge to the person who's coming with الفق and that's an incorrect definition if you're defining something you don't define the thing based on the person's perception and the person's understanding because that differs the word معريفة means to perceive and to understand and to define something to define something based on a characteristic القائمة المتعلمي المتعلمي the one who's learning something in him that's incorrect وإنما تعرف باعتبار كونيها قواعد but what he should have defined it is as though it's principles he should have defined it as something that is a principle for example now if we were to define قواعد it's principles you'll know حال الراوي والمروي من القبول والردي we'll say it is principles when the person that can know through the principles are you with me حال الراوي the situation of the narrator والمروي and the one who's been narrated from whether they are accepted or they're rejected but you don't say معريفة القواعد التي you'll know حال الراوي والمروي من القبول والردي why because معريفة is a وصفل المتلق the reason is because معريفة knowing is a matter that stands inside the one who's taking this information and a science should not be defined on the people who are on the people who are taking it are you with me brothers but rather when it's been defined it should be defined كونيها it being قواعد principles the science should be defined it being principles I'm not looking at the people who are coming with the science or the person who's trying to understand the science also the other thing that the author says is الحكام الشرغية first of all what does معريفة mean معريفة it encompasses two things it encompasses and we're gonna come to that soon what it means it encompasses two things when we say معريفة it means certainty and it also means ظن because فق except ظن and what does يقين mean and what does ظن mean و سن إن شاء الله و تعالى و بإذن الله سن سييت the sheikh is gonna bring it are you with me brothers so we define what معريفة means right then the author says الحكام الشرغية right are you with me brothers what does the author say he says الحكام الشرغية when he's defining it are you with me brothers brothers say yes or no نعم so the author he uses unrestrictedly the word الحكام الشرغية okay the question here is that الحكام الشرغية is not one type الحكام الشرغية are you with me brothers is not of one type الحكام الشرغية نوعان is two types the first one الحكام الشرغية which are خبرية are you with me brothers الحكام الشرغية the الحكام الشرغية which are خبرية are what is what is called عقيدة they are الحكام الشرغية right but they are خبري they are خبري خبري being information that's been given to you the second one is الحكام الشرغية which are طالبية طالبية request الحكام الشرغية which are طالبية so the author here رحمه الله he unrestrictedly used the word الحكام الشرغية good now that we've understood that the author went on to say after he had defined what الفق means he says التي طريقها الاجتهاد so what did he say معرفة الأحكام الشرغية التي طريقها الاجتهاد so we learn what معرفة means we learn الحكام الشرغية means الحكام الشرغية طالبية are going to take soon don't worry that's why I didn't mention it الحكام الشرغية الخبرية you know what it means it means عقيدة مسائل what you have put in it عقيدة الحكام الشرغية طالبية is what الحكام الشرغية طالبية is what we're going to be taking later الحكام الشرغية التكليفية الوضع that in the second one is going to be الحكام الشرغية الوضعية we're going to be taking soon بإذن الله الكريم but the author here he says something which is التي طريقها الاجتهاد so the knowing the الحكام الشرغية الطالبية الطالبية the path for it is what the path for it is what الاجتهاد الوط الاجتهاد now this is the مفرق الطرق this is the path where the أصولين and the فقها differ on are you with me brothers this is the path where the فقها and the أصولين they differ upon the أصولين based on their definition التي طريقها الاجتهاد is not in the picture they just they take it as what it is معرفة الحكام الشرغية الطالبية بس التي طريقها الاجتهاد this is specific for the أصولين what does it mean with an example it becomes clear for example the statement that says القولو بأن الوطر نافلة that the وطر is what is a nafila is a voluntary prayer the وطر is a what a voluntary prayer this is a اجتهادية is not an example اجتهادية اصبحت an example اجتهادية so based on the definition that معاليل جيلي جي فيها does it fall under فقها does وطر is being نافلة does it fall under the definition of فق it is معرفة الحكام الشرغية التي طريقها الاجتهاد نعم it is اجتهاد the زكات is اجي في الموال right does it fall under فق اذا مسأل اجتهادية نعم it is not an example اجتهادية everyone knows that it is an example that is based on اجتهاد from anybody بنا يسلام على خمسين شاعة إله إله إلا الله وانا معامت صولا وقامت صولا اتائي زكات وصغم رمضان ويتائي زكات it is not an example it is not what it is not based on اجتهاد so this is الحد الفاصل according to فق what it means to the فقها and that which it means to the أصوريين أصوريين are the ones who consider it فق is مسائل اجتهادية as for the فقها فإنهم لا يعمدون إلا ذلك فقها do not say like that they see it to be more generic and more general نعم