 و الأشياء المخير فيها إن كان لسهولة عد المكلف فهو تخير رغبة واختيار مهما قد يسأله أسهلة لله هذا هو أحد من هذا يوجد التخير تخير من أجل السهولة على المكلف يوجد أخر منه يوجد أن تخيره و يكون الاختيار ليس من أجل التسهيل الشارع لم تفعل هذا لكي يسأل أجل المتاقل لذلك هو هؤلاء تشاركات جزاء الذين يحاربون الله ورسوله those who fight against Allah تعالى القطاع طرق those who cut the roads of the Muslims who take guns and they block the road and they rob the people ويسعون في الأرض الفسادة and they bring mischief to the earth ويدر الله say and you cut them they should be killed or you salabu or they should be hanged off or to cut out aidim or their hands and legs should be cut إذا كان مصلحة ما ولي علي فهو تخير يجب تعيين ما ترجحت مصلحة مصلحته إذا كان مصلحة ما ولي علي فهو تخير يجب تعيين ما ترجحت مصلحته إذا كان شخص يوضع حوالي من أفن الذي قمت بعمل أمي و أمي قمت بعمل حسناً في هذا الشيطة هو شخص يوضع حوالي who is in control هو يجب أن يدخل هذا المال في مكان جيد في هذا الموقع هو التخيل يجب التعيين ما ترجح مصلاحاته يجب أن يفعله في مكان where he believes that the مصلاحة outweighs the harm نعم و ألفاظ العموم ككله وجميع والمفرد المضاف والنكرة في سياق النهي أو النفة أو الاستفهام أو الشرط أو المعرفة بالدال التي على الجنسي والاستغراق كلها تقتض العموم الشيطة now is going through the alfaz which are عموم the words that show generalization the word كل it shows generalization المثال لذلك هو صورة عنكبوت i-67 الله يقول كله نفسي دائقة الموت every soul will taste death كل everyone also the word جميع صورة زمر i-110 الله تعالى يساعد والأرض جميعا قبضته يوم القيامة the whole of the earth is will be in the fist on the hand of الله تعالى the day of jerman صورة زمر زمر i-67 as well very good 67 ايوت صورة زمر also الله تعالى يساعد the third type he mentioned which is والمفرد المضاف if a singular is attributed it's that إضافة is done to it a singular it's attributed to something it shows generalization and evidences for that is the i in صورة بقرة i-231 والله تعالى يساعد والذكرون remember نعمة الله is blessing the نعمة is singular here it's ascribed to Allah it shows all the نعمs of Allah to remember all of it also the sheikh said والنكيراتون prohibition sorry نكيراتون indefinite في سياق النهي in the context of prohibition it shows generalization as well the example for that is the i in صورة النساء i-39 الله says وعبد الله وشب الله ولا there's the نهي تشريك به شيئا شيئا is the نكرة is the indefinite and before it is what a prohibition it shows what generalization so you're not allowed to worship huh besides الله nothing whatsoever اوين نفي or if a indefinite is in the context of negation the evidence for that is the i in صورة عمران 62 وما من إله إلا الله وما ما is here is what it's نفي إلههم is what it's a نكرة what does it show generalization the sheikh then also said i willi stiff ham an indefinite in a context of interrogation questioning the example for that is صورة قصص i-71 الله says من which is stiff ham who it's a question من إله غير الله إلاه إله here is what it's عموم generalization because it's what it's a نكرة it's an indefinite and before it is what before it is a question i-71 صورة قصص the sheikh also mentions an indefinite in the context of conditional indefinite in the context of a condition and the example for that is i-60 صورة التوبة وإن أحدون إن is a shirt is a condition أحدون is a نكرة it's an indefinite it shows anyone it doesn't matter من المشركينة from the pagans is تجارك فأجر حتى يسمع كلم الله the sheikh also mentions the word the jinns the word that has a ألف اللام in it and it's a jinns and we spoke about this in our قوائد الفقية jinns is like for example humans animals stuff like that is jinns they are jinns and example for that would be صورة البقرة آية 70 الله says إن البقرة تشابه علينا البقرة عموم generalization it means all of the cows because why البقر is a jinns and ألف اللام entered it which made it a definite so sometimes the ألف اللام enters a noun and it doesn't make a definite like the word العباسن and the word الفضل and stuff like that and أول استغراق أول استغراق meaning if it enters a noun if it enters a noun which all of its meaning is dipped inside it meaning it's استغراق and ألف اللام enters it it shows generalization like صورة النساء آية 28 والله تبارك وتعالى he says وخولق الإنسان ضعيفة الإنسان here means what all of the humans are created weak كلها all of those which we mentioned with the examples تختض العمومة they all show generalization والعبرة بعموم اللفت لا بخصوص السبب the sheq here is talking about the the عبرة the the scholars will they they have موضع النظر عبرة is what you take into consideration what is taken into consideration is the generalization of the word not the specification of its revelation whether if it came down on a person we will look at the fact that it came on a person and say it's only exclusively to him and it doesn't mean anyone else no the wording if it shows generalization then it takes everyone other than him as long as as long as that wording as long as that wording shows generalization now pay attention to this if a situation takes place pay attention if a situation takes place in the time of the prophet and a ruling comes pertaining to it a textual ruling comes regarding this but the wording that is used is generalization general word like the word these the generalization that we just mentioned كل or men or is used but the specification of its revelation it was specifically on a particular group of people the question arises here فهل يكون الحكم الحاديثة تخاصن is it specific to those people basing on who it came down on or is it general to as for its wording is it general that's that's the question arises تحرير المقال to explain this issue very well in this method we have to speak about first the general text that come on a specific issue is of three types those general texts that come on a specific situation are three types number one اي اقترنا there comes attached with it or that which indicates بما يدلو على العمومي فا يعمو اجمعان something comes with that indicating that it's what that is general and so that means it's general by way of consensus no one can go against it scholars won't disagree on that one because there's a there's a kareena there's an evidence that shows it the second one is اي اقترنا there comes with it بما يدلو that which shows that it's specific to those people it shows فا يخص اجمعان and it's specifically to them the third type which is اي اقترنا بدلين there's no evidence that attaches itself to it to indicate that it's general or to indicate that it's specific now in this regard the strongest view in this issue is what ان العبرة العمومي اللفت لابد خصوص سبب is implied here this قاعدة of the sheikh is taken into consideration and it's what it is given a general ruling it's given a general ويراد بالخاصي and also anything that any vest anything that a vest that comes that's specific it's general and the opposite holds truth such as the eye that comes down الله says to the prophet yeah you and nabiy you is the word specific nabiy is it specific yes but is everyone yeah your nabiy will talk to you الله ام اصدر الله are you going to say this is only specific to the prophet is yeah your nabiy will talk to you الله specific to the prophet only and it's the امام المتقين so we say love this khas لكن يراد بالعموم عموم is meant from it and the opposite holds truth the opposite holds the opposite holds truth which is yeah والله على الناس يحج البيتي are you with me والله على الناس يحج البيت upon the people is the people is to do Hajj for the house of Allah but then ناسي is so general that the مستطيع ان غير مستطيع the one who's able to and the one who's not able to both of them fall under it and we know by way of what by textual evidence that the one who's not able is not obligatory on him ومن استطاع إلي غير سب ومن I say من استطاع إلي سبيلا this guy is not able to so what do we say this is this is عامل أريد بالخصوص it's general it's general but specification is meant by who is the specification for those who are able to do it you see but the شخص مع وجود القرائن يدالك عليها على ذلك but there has to be external forces that indicate that this this specific is not meant general and this general is not meant specific there's قرائن are looked at what are from the قرائن what are the things that from the القرائن are from them is the context sometimes is the قرائن that it's in when the prophet ﷺ said to the man so وخطاب الشارع the legislator when he speaks to what لوحد من الأمة if it speaks to a specific individual are you with me أو كلامه في قضية جزئية or a piece about a specific situation يشمل جميع الأمة it encompasses everyone we don't just say it's only specific to a person who has been spoken to in the ayah وجميع الجزئية and it's all of those sub branches fall under it إلا unless إذا دل دلير على الخصوصي unless there's evidence that shows that it's specifically for that person so when the prophet ﷺ said to the man and the man he ﷺ said to him boy he was talking to he said but the prophet ﷺ specifically talked to a boy you say this rule is only specific to the boy and not me no you don't say that and you can't say that this is خطاب الشارع لوحد من الأمة one person is being spoken to but it encompasses who and encompasses everybody you see everybody who now falls under this issue of eating this is the rolling in which he is or she is given نعم the prophet ﷺ's actions وفعله he ﷺ's actions الأصل is what that we are followers of the prophet ﷺ in his actions he's our role model in his actions we follow him in it so you can't say if the assault of the prophet ﷺ's actions is what you who say it's specific to the prophet ﷺ have to bring evidence if you say this is this is specific to him I'm going to now ask you what I'm going to ask you where is it specific to the prophet ﷺ where is your دليل to indicate that this is specific to the prophet ﷺ because the أصل is the أصل is what that's the أصل that the prophet is our role model in his speech in his action in that which he consents to all of that we need to follow him in it and he's approved for us now you came and you said no his actions are not a حجة we don't follow him in his actions then I will say to you where is your evidence and I am upon what is this بقاء ما كان على ما كان unless لكن إلا إذا دلد دليل على أنه خاصم unless the evidence shows what unless a evidence shows that this is specific to the prophet like for example when الله تبارك وتعالى said in وهابت نفسها للنبي in أراد النبي أن يستنكح خالصة لك من دون المؤمنين this is specific to you خالصة لك so a woman can go to the prophet and say يا رسول الله I want you to get married and he can get married to that woman without any other willy or her guardian he doesn't need it this is specific to him عليه صلى الله عليه وسلم so why because I clearly stated it خالصة لك so this action of his is not a proof for me عبد رحمان or a proof for any of you guys now لا تنفى لنا في بعض بعض مستحباتها نعم وإذا نفى الشارع if the legislator negates it negates what if it negates the شارع negates عبادة a worship or a معاملة or a transaction فهو اللي فسادها because of its corruption and harm that is in it أو نفى بعض ما يلزم فيها or it negates some of that which necessitates from it فلا تنفى لنا في بعض مستحباتها we don't negate it because of the negation of some of its some of its مستحبات some of the things that I wanted from it based on this because of its because it's not negated in its totality نعم the ruling differs فضل so the example for the first one was إذا نفى الشارع عبادة أو معاملة فهو اللي فسادها أو نفى بعض ما يلزم فيها فلا تنفى لنا في بعض مستحباتها for example the professor I said in a hadith لا صلاة لما لم يقل بفاتحة الكتاب شارع what did it negate it negated the salah here is a negation you see إذا نفى شارع عبادة أو معاملة it negated this action in the salah are you with me what do we take this as we say that this is the صحة of the salah that's the asal are you with me very good and the next one the sheikh says تنعقد العقود وتنفسق بكل ما دل على ذلك من قولة أو فعل the sheikh is talking about this one here right now is that the عقود the act which is the bayah and the spying and the selling that people do it takes place by utterance if people say to another person if somebody says to you I've sold this to you it will happen in عقد البيع the bayah has taken place and any other wedding that shows that that can indicate that for example if a person says to you I have gifted you this car with a thousand pounds or if he says I have given you this car with this much of price and the other person he says I accept this becomes a bear even if you even though he used what gifted a gift gift isn't a bayah or even though he didn't what he didn't use because he stipulated a amount to it and the other person accepted it the sheikh is trying to say تنعقد العقود وتنفسق بكل all of ما دل على ذلك من قولة أو فعل any action if you touch each other's hands and you shake each other's hands you know all of that the bayah takes place and also تنعقد it takes place وتنفسق و and it also breaks and it nullifies it goes the sheikh here is going to talk about each تهاد and تقليل now he's going to talk about وتصوير و إلى إقامة الدليل عليها ثم يحكم عليها بعد التصوير والاستدلال the first one is مجمع عليها matters which are unanimously agreed upon now pay attention to this it's agreed upon فتحتاج all it requires is what إلا تصور a perception وتصوير وتم إمج it و إلى إقامة الدليل عليها and to establish the proof onto it ثم يحكم عليها and then the ruling is given بعد التصوير والاستدلال after the perception and evidence is passed for example an example would mean صلاة الظهر صلاة الظهر is what واجبة الظهر is واجب when is what زوال الشمس when the sun reaches the zenith are you with me so what do we need here right now we need to perceive when the زوال happens we need to perceive that first we need to perceive it and we also have to understand what's the intention behind the زوال what is meant by زوال you have to understand that after that we say every time the sun reaches the zenith and reaches the زوال we will give the obligation of what that the صلاة الظهر so the علم are unanimously in agreement towards what pay attention that the صلاة الظهر is what the scholars are all unanimously in agreement that the صلاة الظهر is paid at this time the زوال لكن زخلاف they can come on خلاف when the people dispute this is the زوال no it's not the زوال the تصور of the زوال may differ that the us of the issue but is مجمعون علي نعم this which is the second type this one on the other hand it requires what perception of the مسألة and it also requires what to understand to understand the evidence you need to understand evidence and you also need to understand the views that stand in this issue and to strengthen you in all the أقوالة have come ترجيح to strengthen between the speeches and you also require what you also require to answer back to the one who's opposing this view then and after then can you what after that can you then apply the issue at at its place you can apply the issue at its place the شيخ is saying to you this is for the مجدهد that's the job of the مجدهد all of that the مجدهد he's the one who does it and i want you to all understand this issue which is very important it is not knowledge it is not knowledge or you should not think that it's knowledge ها to just know the views of so many scholars and say if well i believe this and شايفة he said this and مارك said this and احمد said this and اوزاعي said this and that is knowledge that is just what you're you have information masha'Allah you've compiled so much information that is an evidence but the evidence is to know why everyone opposed another what is the مورد النزع i'm a مورد النزع where are they arguing on قاعدة are they all differing on what is the أصل of their خلاف are you with me what's the أصل of their خلاف and then having the ملكة the ability to give ترجح to strengthen this view over this view to strengthen this view over the other view and say that this view this view who said this they قاعدة or the ضواب or the principles they're picking up from is this and the other ones they're principal and قاعدة picking up from is this and based on that he's opposed the evidence on this and this and this this is for who lacking which is to know the difference between the راجح and the مرجوح which is the knowledge this is the مجتهد the person who knows knowledge the second one he talks about is the مقالد the مقالد فوظيفة to his job is nothing else السؤال للأهل العين he asked the people of knowledge his job is what his أهل العين now the شخ before what did he say so let me go the مسائل how many types two the first one is مجمعون عليها the ones are agreed upon فنحفة تحتاج it requires إلا تصور in perception وتصوير and to have an image وإلا إقامة الدليل and it's to establish the evidence on it ثم after after you've established the evidence on it ثم يحكم عليها then you give a ruling to it after what بعد التصور والاستدلال after your perception and your evidence is there the second type is وقسم فيها اختلاف وقسم فيها خلاف any type where there is disputes in it فتحتاج those مسائل require مع ذلك with with it all of that which was said before مع ذلك he means all of those which were said before إلا تصور إلا تصور وتصوير وإقامة الدليل عليها all of that and it also requires إلا الجواب عن دليل المنازع the one who's arguing and answer for him هذا في حق المجتهد that is in the rights and the responsibility of the مجتهد والمستدل لي the مستدل لن المجتهد are the same meaning that is it who is the past and brothers who is who can do each time من من الذي يجتهد وينظر في المسائل who is the one who can do each time past rulings who is it and what is the conditions of being a مجتهد and doing a stillal the first one is أن يكون المجتهد وعانما بما يحتاج إليه من الأدلة الشرعية كأيات الحكام وحديثها ونسخها ومنصوخها it is that the person he knows his his علم he has knowledge of that which he needs from the evidences the ayat the jew spoon rulings ayat ayat الحكام he has them also he knows the حديث الحكام حديث الحكام he knows them very well حديث الحكام are what like سنة نبي داود سنة نمجة سنة نسائي سنة نبنوماجة سنة نمجة سنة نسائي the person knows those three books at least at least at least those three good and the person knows all the ayat الحكام of the top of his head he has a memory of all the quran but he knows ayat الحكام with him very good he also knows the abrogated and the one that's been abrogated that's the first the second condition is أن يكون عالما بأصول الحديث وعلم الأساني he needs to know مصطلح الحديث and he has to have understanding of chain of narration when a حديث is defected has to have knowledge of it the third one is أن يكون عالما بأقوال السلف that he is knowledgeable when it comes to them the statements of the self that which they unanimously agreed upon that which they differed on so he can follow the اجمع and he can do the اجتهاد ويجتايدهم على اختلاف and he can also do when there is differences the fourth is أن يكون عالما بأصول التفسير that he's a scholar when it comes to أصول التفسير he knows the introductions to تفسير he also knows أسباب مزول when the verses came down he knows علوم القرآن قراءات he knows to jweed all of that نعم there was a five أن يكون عالما بأصول الفق he's a scholar when it comes to أصول الفق وما يستقيم له الفهم من اللغة والنحو ليحكم بما تقتضيه دلالات he knows أصول الفق and he also understands that which can strengthen his knowledge base of the language грامة so he can give so he can give rulings based upon the correct دلالات that is the sixth أن يكون ذا فاطنة مهيبة وبصيرة بحيث أن you may use بين المتشب مشتبه ويعقل القياس he also has to be a person who's smart يستطيع أن يكون مهيبة ويعقل القياس so he can tell those which are the same he can put them in the right place and those which differ he can put them in that right place he's strong like that those are what a person who can who can do each he had that's a much tape that's his job أسفض المقلد the blind follower the blind follower is a person whose job is to only go to the علماء ask them wherever they tell him he takes it and he doesn't move forward he doesn't argue he sticks with what علماء say and that is based on the ayah فسألوا أهل الذكري إن كنتم لا تعلمون فسألوا ask أهل الذكري إن كنتم لا تعلمون and i will come to that آية when the sheikh brings it تقليد is what تقليد is قبول is to accept قول الغيري is to accept him of a statement of somebody else من غير دليل without any evidence he just says to you يجوز and you say thank you you just take it from him now the scholars they say تقليد is like ضرورة it's like eating a dead animal when do you go to eat in dead animals when you can't find food to eat تقليد is ضرورة is necessity once you you don't know a matter and you're a جاهل in it you ask those علماء and you say i have no knowledge of this issue and you take what they say مقلد and it's an insult some people today think it's an insult they attribute تقليد to أمة الكبار and they say they're مقلدين they are what مقلد and inshallah تعالى we're going to explain that point that تقليد is not a there are علماء in numbers and expect a lot who've spoken against تقليد especially some though some in which people still say that they're مقلدين and they clearly have spoken against تقليد because تقليد means what it means قبول قولي الغيري it's the acceptance of somebody else's speech without what من غيري دليل without any evidence you're just taking it from me the person who has ability who can look at evidence عليه الاجتهاد it's a wajib appointment to do it well to look for evidence it's obligatory wajib he's why because the evidence is what he was told to follow so the eye clearly says what don't follow the speeches of when the sauce is there he clearly states that this is eye he says it's an evidence to show that it is not permissible to take the view of a person when there is text test there he brings it in the eye when he speaks with that this is a that you can't take a statement of a scholar when there is a text in this issue you're not allowed to it's لا يجوز because and of course the person should be one who's able to look into the book of Allah he should be one who knows the book of Allah and this place is not a place where we go into this issue with very detail because it's a summary and we're just trying to go over it simplified في قوله وما أرسلنا قبلك إلا رجال النوحي إليهم فسألوا أهل الدكري إن كنتم لا تعلمون the sheikh says well the one who's unable unable from what what is he unable to do he is unable to do what he's unable to do each tihad and he's also unable to do it's didlal he can't he can't look at the delil he doesn't know nothing so what is upon him is for him to blind follow and it's also for him to what it is for him to ask around it is for him it is for him to ask as Allah تعالى the sheikh says as Allah تعالىه he mentions in both of the matters كما ذكر الله الأمريني الله mentioned both of the matters what two matters is referring to مجتهد and the مقلد both of them Allah mentioned them in this ayah وما أرسلنا we have not sent قبلك before you إلا رجال and except men so prophets were only men نوحي إليهم we have sent revelation on them فسألوا ask أهل الدكري that's the مجتهد إن كنتم لا تعلمون أنا is the مقلد so in this ayah what has come that there is a مجتهد and there is a مقلد now إن شاء الله تعالى I have to speak about a couple of points if a person is a person who doesn't know the book of Allah سبحانه وتعالى he has to follow what the scholar are you with me if you finish of the ayah وما أرسلنا قبلك وما أرسلنا قبلك إلا رجال النوح إليهم فسألوا أهل الدكري إن كنتم لا تعلمون after Allah says بالبينات والزبور يمرو كثير رحم الله يسأل بالبينات means what الحجد والدلائل you follow him with his حجة proof he brings and the evidences that he puts forward so this ayah shows us that what that there are two types of people within the ayah people who are Ahlu dhikr and the people who don't know the work of the one who doesn't know is two things the one who doesn't know his job is two things he doesn't know anything for him first of all he has to what ask the علاماء he has to go and ask the scholars what scholars is he ask علاماء والكتاب والسند the scholars who know the Kitab and the Sunnah also the other thing he has to do it is what he has to ask that question when he's asking that question he has to have to ask it for what he wants to learn knowledge from it so he can uplift from himself ignorance to uplift from himself ignorance and he also needs to question the scholar who's given him the third thing he has also tried to do is he has to ask the sheikh who's given him the thing يا شيخ what is it that you want your evidences come with so the ayah mentions three people already three people came out of it the the first one which was what and the second one is اكتم لا تعلمون and there's another people who are as زبر they want evidence for what they take from the scholar and those three are referred to as what they refer to as a مجتهد and a مقلد and a متبع the one who follows the evidences he goes to the علمان he says what's your evidence where did you extract this ruling from and the Imam would say to him that this is what the ayah said and he says to where's your وقتل استدلال and the sheikh would say my وقتل استدلال the way I've extracted the ruling is like this and he will say good and then he knows another scholar he's pointed the ayah out and he will look at which of those two are in accordance to the قواعد الفقية أن قواعد الأصولية أن مقاس الدشريعة because he has the he's a متبع he knows this he just can't come up