 الحمد لله رب العالمين له الحمد الحسن والثاناء الجميل وشدوا الله إلا الله وحده لا شريك له يقول الحق وهو يهد السبيل وشدوا أن سيدنا ونبينا محمد صلى الله عليه وعلى آله وأصحابه والتابعين لهم بحسان إلى يوم الدين أما بعد たلقي إنشاء الله وطالعم صلى الله عليه وعلى آله ويبدو بإسكات الإتباء إلى الساينس أوصول الفقر اسوي القوائد الفقيّة إتبع إلى الساينس القوائد الفقيّة مقفل وإسلامي و توقيت إتباع إنشاء الله وطالعم والإج Slide that I plan to go through it يوجد في these five points in these five points إن شاء الله و تعالى the first is تعريفوها again we always do that right we define the science what does this science mean the way that when we were speaking about أصول الفق remember we said أصول الفق is مركب it's a compounded word أصول and الفق right we said that correct this science is also compounded science what do we mean by compounded we mean القواعد and الفق so what we first have to do is و المفرد المضاف إن تركب مع غيري حتى أم تم لقب فحده يكون بالإفراد لكل واعد لدى النقادي ثم يعادوا ثانياً مركباً إذ لقب اللديه مو تركبا we have to define each one separately so I broke the definition into two هي باعتبارها مركباً وصفياً individually what does قواعد mean and what does فق mean I do that here what does القواعد mean and what does الفق يمين the second definition I do is باعتبارها لقباً وعالماً I talk about it together as a science what does القواعد الفق يمين okay let's go to the first one which is each one separately قواعد is LSS جمع قاعدة is the plural of قواعد is the plural of قاعدة okay is the plural of القاعدة وهي LSS and LSS foundation قاعدة is the foundation is the foundation but here we mean القضية الكلية comprehensive maximum okay we'll speak about that in more details what does الفق يمين الفق يمين الفق يمين attribution and an inscription to فق that's why we called الفق هي نسبة لعلم الفق it's a science that is attributed to فق because the reason why we have to القواعد الفقية because there's القواعد العقادية there's عقيد related principles we didn't need to say none of these these are فق related principles does it make sense it's فق related it's فقية so it's attributed to the science of فق because there is القواعد العقادية are we all together brothers القواعد العقادية now this is not العقادي it's not عقيد it's attributed to and ascribed to principles for what for فق here is the what you really need to focus on here is what it really matters that you understand what does القواعد الفقية mean according to the scholars of that science what do they mean القواعد الفقية we're going to cover each point inshallah تعالى so we're going to cover the word حكم كله we're going to take you تعرف منه we're going to take so that's one that's two that's three حكم الجزئات we're going to learn what it means الفقية which is four مباشرة which is five the أكثر من بابن which is six those six points you have to understand from the القواعد الفقية those six points we're going to take from القواعد الفقية you have to know all of those six points does that make sense let's start the first one which is حكم حكم means what brothers some scholars they don't use the word حكم here instead of حكم they put the word قضية قضية or حكم here is synonyms okay don't worry it's the same so sometimes it will say قضية قضي كلي okay حكم كلي it's the synonym it's the same okay one can take the place of the other what does the حكم mean حكم is something which is either affirmative or negative you're either affirming something or you're negating something that's حكم so ruling you're either affirming something or negating something it's either of the two okay for example if you say فلان صادق it's truthful it's حكم you gave a ruling you affirmed something what did you just do you affirmed something you affirmed truthfulness for a particular person okay كليون what does it mean كليون means it is every single thing go falls under it قواعد الفقية is comprehensive meaning things go under it there was an English term for it I forgot it I really forgot it so كليون it means all inclusive I mean that wasn't what I was thinking but I had another word but so this is كلي and this is أغلبية what does it mean here pay attention to this the scholars actually differ whether أصول الفق is all inclusive if it's كلية or if it's أغلبية what do I mean by that okay take this from me there are going to be exceptions in قواعد الفقية there are going to be exceptions in قواعد الفقية some principles you're going to learn are all together it's not part of the principles so some are arguing why are you making it كلية all inclusive which is what we did here when قاعد is mentioned all of it falls under it there's no exceptions another group said no there are exceptions and you yourself know there are exceptions so why are you calling it كلية we won't go into that for now are you with me brothers بالقوا و بالفقية we won't go into that right now we will leave it for you to just remember that the correct opinion is that it is كلية and the reason why it didn't go under this in the first place is because it wasn't part of it anyways and nothing to do with it you thought it was part of it but really قواعد الفقية is كلية it is all inclusive okay so we learned what the word حكوم means right and we also learned what كلية كلية means all inclusive general all inclusive we learned what it means okay you تعرفوا منه what is the word you تعرفوا منه first meaning why didn't we just say youعرفوا منه why don't we say you تعرفوا why not youعرفوا what you guys all should know is that in the Arabic language every time the structure of the word becomes more كثورة المعنة غالبا زيادة المبنة زيادة المعنة غالبا every time the word structure becomes more the meaning becomes also more in other words youعرفوا and you تعرفوا you have a more bigger meaning I'll give you an example this is an easy example scene and so far scene and so far what are they you all study in Arabic right scene and so far what do they both show future do they not doesn't the scene show the future and does the sofa not show the future what's the difference so which one is a closer future what do you want is a further future why because it has more letters that's the principle here not all the time but the overwhelming majority of times if the word becomes more the meaning becomes also it becomes more so what does you تعرفوا من هو what does it mean it means you can just take the ruling from it straight away like you تعرفوا من هو and that's what we want to use for القواعد الفقية we don't want to say youعرفوا because if you say youعرفوا everyone can just take it out the ruling out of this the ruling is taken out of thinking using your brain observing analyzing so القواعد الفقية sorry it is it's a all inclusive ruling you تعرفوا من هو that you will extract after exerting effort and hard work حكم الجزيات الفقية what do you mean by حكم الجزيات الفقية the sub branches of فق you will take it out of the sub branches of فق so remember مسألة another مسألة another مسألة all of those مسائل you take out of it what قاعد الفقية are we all together brothers where does the قواعد الفقية come from brothers I'm going to show you later when I mention it قواعد الفقية comes from the فروع the sub branches when you study sub branches whereas أصول الفق comes first when أصول الفق is established then the فق comes out of the أصول الفق and then the فق قواعد الفقية comes out of it and that's the order it's in are we all together am I making sense the قواعد الأصولية when أصول الفق comes first and then from the أصول الفق comes out of out of it comes what الفروع الفقية the sub branches that which you study in فق books and then the قواعد الفقية and then the قواعد الفقية comes out of that so the قواعد الفقية is what حكم الجزئيات you take it from the فروع once you study a فق book you study منهاج الشافعية عمدة الساريكة all these فروع all these sub branches that you learn this this this this قواعد الفقية comes out of that okay مباشرة مقاصة الشريعة is within قواعد الفقية here it is we mention it here معرفة مقاصة الشريعة we mention it here beautiful the قاعد الفقية do you take the ruling from it straight away yes look at it here حكم كلين وتعرف منهم حكم الجزئيات الفقية مباشرة means what directly you take it from me حكم الجزئيات a person said to me brother I prayed صلاة I made وضوء after I did وضوء I came I prayed أسر came I don't know whether I broke my وضوء what shall I do brother أسر is the comments that is going to go off now what shall I do I look at him I can give him a قاعد الفقية and he can take a ruling out of it straight away and I grab his hand and we go to the mosque together with certainty I'm a certainty cannot be removed without he doesn't look at me and say what do you mean by that he understands straight away and he will go and pray with me I will together لكن قاعد الأصولية أم أصول الفق you can't do that this is the issue of أصول الفق and this is what distinguishes أصول الفق from قاعد الفقية which is what somebody comes up to you and says to your brother do I have to let my beard grow do I have to let my beard grow and you say to him yes and then you look at him and you say to him الأمر المطلق يخطض الوجوب the unrestricted commandment it shows obligation he said what commandment are you talking about what obligation are you talking about then I have to extract from that قاعد الأصولية أفروع الفقية I have to give the example I say didn't the prophet not say وفروا اللحا let your beard grow and he says yes wasn't that not a command yes that command shows obligation he didn't understand it when I gave him the قاعد الأصولية when I told him the أصول الفق principle he didn't understand it straight away whereas the قاعد الفقية straight away the person understands what I'm saying that's the difference between it the قاعد الأصولية once you say it you have to mention فروع الفقية just like what I did الأمر المطلق يخطض الوجوب the unrestricted command shows obligation he said what are you talking about I say now I have to mention فرع الفقية which is what didn't the prophet not say وفروا اللحا let the beard grow and I said does that not show obligation he says yes it does then that means you have to let your beard grow are we all together brothers so the قاعد الفقية the person takes from it straight away directly he takes from the قاعد الفقية whereas the قاعد الأصولية أما أصول الفق no you have to explain it they won't be able to قاعد الأصولية it goes into more than one chapter قاعد الفقية is not restricted to a particular chapter like for example if we say الأصول في الأانية الطهارة the original essence of the utensils is that it's pure so if you see a cup somewhere you can't say okay I can't drink in this you can, the essence is that it's until you prove otherwise are we all together this is not called قاعد الفقية why is it not called the قاعد الفقية because it's restricted to the chapter of أانية the utensils that's it you can't use it for other places that's called أضابط that which is restricted to a particular chapter is called أضابط what is it called أضابط I think I explained all six now let me go over it one more time the first point that I said you need to know if you want to understand قاعد الفقية is that it's a حكم حكم means ما يحت من الإثبات or enough anything that can take affirmation or negation like for example فلان صادق so and so it's truthful that's a حكم again I said كل كل means what all inclusive قاعد الفقية is all inclusive you know who you know who we said we try to leave of saying you know who why because you know who has more letters has more letters and it shows a meaning bigger than you know which is what you don't just understand from it directly but rather you need to think over it and you need to observe and analyze that you need to learn and analyze حكم الجزيات the ruling regarding the مسائل remember I just said right now قاعد الفقية where is it taken from مسألة فقية مباشرة straight the ruling is taken from it straight قاعد الفقية can be used as evidence but you can just push it forward to somebody في أكثر من بابن in more than one chapter في أكثر من بابن in more than one chapter meaning قاعد الفقية is not restricted to a particular chapter it's for all chapters like أل أموره بمقاصدها acts are based on what was intended for it that's قاعد الفقية it enters everywhere it enters نكاح it enters طلاق it enters صلاة okay what's the relationship of القاعد الفقية with فق and أصول الفق what is relation with فق and what is relation with أصول الفق the relationship is the first thing that happens is القاعد الأصولية قاعد أصولية comes then comes and then comes القاعد الفقية then the قاعد الفقية is قاعد الفقية is based upon induction of what of the فق once a person study قاعد الفق comes from it's brought from there it is it's brought from there now we're going to take the third thing which is مصاديرها what are it's sources what is the sources in which it stands on what are the sources of قاعد الفقية a deal to the Sharia it's the evidence from the Quran and the Sunnah we're looking at the Quran we're looking at these are the four Ouh it's the subbranches the Quran and the Sunnah are looked at the second place it's brought from is استقراء الفروع we study fiqh books what do we study we study fiqh books we study a fiqh book a particular fiqh book and when we study that book قاعد come out from there the statements of those scholars we bring it from it keep that in mind now what I mention here which is هل القاعد الفقية حجة يستند إليها can قاعد الفقية actually be used as an evidence can it be used as an evidence can a passage just say قاعدة and that's an evidence you have to take it the answer for that is remembering this point okay and how many types of قاعد are there there are two types قاعدة كلية كبرى these are the supreme supreme league of maxims and the five خمس مقررت في القاعد مدهب فكون به النخبئ ضرر يزال وعادة قد حكيمة وكذلك المشقة تتجري بالتيسير والشكل لا ترفع به متيقانا صفل وأخلص صفل I forgot anyway this is five الأمر بمقاصدها ضرر يزال العادة محكمة help me here ومشقة تتجري بالتيسير those are five league of maxims they are called قاعدة كلية كبرى we're going to take them insha'Allah next week and then they come قاعدة كلية غير كبرى they're supreme they're big but they're not these five these five are agreed upon by all of the imams so the imam the imam they're all agreed on these five we'll touch on it insha'Allah we'll touch on it insha'Allah فوائدوا دراسةها what are the benefits in studying قواعد الفقية why should I study it number one remember we said قواعد الفقية where is it taken from it's taken from the فروع الفقية it's taken from استقراء الفروع all of these madhab they have 90,000 مسائل 60,000 مسائل 20,000 مسائل in here how can I remember those 20,000 I can't remember it so maybe 1,000 of them I have one قاعدة you can remember it with does that make sense it's ضبط المسائل it's been having precision in the مسائل في سلك واحد in one sentence and a whole 30,000 مسائل that's it you've got it I don't need to remember each one of those 30,000 I have one قاعدة that suffices me from remembering it all does that make sense number two تسهيلوا حفظ الفروع it also makes it easy what does it make easy it makes it easy to memorize فقر who can really sit down and memorize these book-fig books how are we going to remember that all قاعدة الفقية that's a nice way of doing it فحرس على فهمي كليل قواعدي جامعة المسائل الشواريدي ترتقي في العلم خيرا مرتقة وتقط في سبل الذي قد وفقة وهاد by studying this the many مسائل that all of them all together one place and the smart person knows that he's not going to live for all of his life so memorize these stuff it saves you having to always remember things number three is تعينوا على معرفة المأخذ والحاق نوازل بالمسائل المنصوصة عليها عند الفقاها it helps you in understanding of course where scholars took things from you learn where they took it from okay now that you've learned the jurists where they took things from if new things happen IVF IVF is it permissible is it not what is the ruling regarding IVF organ transplant what is the ruling regarding that is that نوازل is that مستجدات these are newly matters that require rulings these are نوازل what do I need to know first of all I need to know معرفة المأخذ معرفة المأخذ I need to know where the scholars did and how they extracted things so when it comes to these contemporary issues that I have I know how to deal with it I'll give correct response to these classical issues last but not least تعينوا على معرفة مقاسد الشريعة studying قواعد الفقية it will make it easier for you to understand the objectives of the شريعة قواعد الفقية directs you and shows you what was the objective of the شريعة even when you're given a verdict when you're trying to deal with a contemporary issue you will learn you will know I have to observe the مقاسد الشريعة in this issue I need to know what is the objective of the شريعة in this particular issue and سبحان الله I mentioned these lines of poetry all the time but it's by قواعد الفقية you learn our religion in every situation until the day of judgment it has a ruling but yes our religion doesn't give a ruling to everything A is this and B is this and C is this no the way it does it is by legal maxims principles those are the principles it gave you you can apply those principles until the day of judgment I'm going to conclude with the last point إن شاء الله و تعالى which is هل القواعد الفقية حجة يستند إليها is the قواعد الفقية a proof remember at the beginning I mentioned a brother comes up to you and says to you I had وضوء فضهر I prayed with وضوء I'm doubtful whether I broke my وضوء and I just said to him أليقين ولا يزولوا بالشكل أما أليقين ولا يزالوا بالشكل أما أليقين ولا يزولوا بالشكل أو يزالوا بالشكل that certainty cannot be removed without I didn't give him a delim I just gave him a قاعد الفقية can he just say بارك الله فقية and go to the message and pray can he do that there's a question that scholars ask the opinions of the scholars is two there's two views there's two views the first view of scholars they say no it's not permissible and الفقية are not a proof another group of scholars they came and they said no it is a proof what do you mean it's not a proof and both parties are wrong because they unrestrictedly gave a verdict what is correct is فيه تفصيل it's neither of the two but it's both of them meaning it depends it depends if the قاعد الفقية by the way it's taken from three places the first one is it's taken from the word for word where is it taken from word for word this is but it's taken from the prophet's mouth word for word there's nothing changed it's word for word are we all together for example الفقية what does this principle mean a brother says I took a car from a brother I took a car from a brother I bought it from him when I went I drove the car I drove a car for a day I drove the car for a day for a day okay I now saw inside the car it's faulted I now want to bring it back to the brother I want to what I want to bring it back to the brother do I have to pay for that time I drove do I have to pay rent money or do I just bring back the car and he gives me back my money we will say you don't have to pay anything just give him back the car and he will give you the money and why what does that mean while you were driving the car who is the liability of a car crash everything happening was on who you anything happened that time when it was not with this brother the liability would be on who if somebody was in your car and they died and you didn't deliberate of course you did it by accident who would have to pay the blood money you the driver right does that make sense so because of that you have the right to benefit from it you have the right to benefit from it you don't have to pay him anything does that make sense this قاعدة is taken from a حديث directly word for word the prophet said it like that that قاعدة of course it's taken of course it's a proof the prophet said it the prophet said it's better to say that but some scholars won't some scholars will say that قاعدة الفقية is that is that is a قاعدة that is taken from the prophet statement word for word the second type is a قاعدة that is taken from the evidence it is taken from the meaning it is taken from the evidence it is taken from the prophet statement not word for word but the meaning was taken from the prophet the person the scholars they re-worded it but the meaning goes back to maybe one حديث or it goes to several حديث an example for that is الأمور بمقاصدها الأمور بمقاصدها means matters are based upon what is intended behind after it matters are based upon what is intended from it does that make sense? that it goes you know and many other حديث that talk about intention give you example a brother said for example which is one very common issue that فقاعدة talk about a man marries a woman his intention to marry this woman to divorce her this is his intention are we all together brothers this man is marrying this woman with the مقصد the objective in his head and his mind is what to divorce her it's called بينية الطلاق marrying a woman with the intent of divorcing and his mother sheffa said it's permissible the overwhelming majority of the scholars they said it's permissible they both agreed upon it they both agreed on it because it becomes متع it's just the man has it in his head he's not telling the girl he's keeping it to himself the overwhelming majority of the scholars they said it's permissible the first of it is خيان it's deception the prophet came to the market he put his finger inside the man's food and he saw it was wet and he took it out and he looked at it and he said why is the wet part at the bottom why are you concealing it why don't you bring it to the top so everyone can see it why don't you bring it to the top so everyone can see it and then the prophet said من غشان أفليس أمينا anyone who deceives us is not from amongst us food that's wet that's at the bottom that you deceive the people with it's less than a woman's honor saying to her father I'm taking your daughter I'll take care of her are we all together that's the greatest form of deception it's the greatest form of deception but they say it's permissible because it meets all the criteria of marriage the two witnesses are there the father gave the girl out they were both wanting to get married to each other they said the شروط has been met the أركان is there this is outside matter but that's incorrect the reason is are we all together when we come to one of the five legal maxims the first one we'll speak about that in more details are we all together so we will say that this marriage of this girl is affected already why is it affected your intention is evil as they say that what's the قائد they say القصود that the intense can affect the transaction it affects it and it's it's impermissible or you could tell somebody else it still doesn't make you haram he could tell somebody else it doesn't make you haram based on the جمهور or maybe he shared it with somebody else he told somebody else about it and said to somebody yes I'm going to do that I'm going to get married I'm a student of knowledge for example I'm in this country for one year or two or three years I'm going to stay here and I'm going to leave I'm a moving guy I'm seeking knowledge so I'm going to marry and I'm going to divorce I won't tell the girl and I won't tell the family that's deception and it goes under this حديث that brother should stop him from it in other words he should stop her from getting married or he should stop the and to inform the family and say look this is not right but if he doesn't tell anyone and keeps it to himself then of course the family won't know nobody knows but is it permissible what he did is that marriage correct? no it's not correct it's haram what he did because he goes against that حديث he goes against that حديث which is does everyone understand so far how many types of قواعد الفقية that we mentioned there's a third type now this third type of القواعد الفقية is not taken from the prophet statement not the wording nor the meaning it's actually taken it's actually taken it's actually taken from it's القواعدة الاستقرائية it's taken from الاستقراء الفروع الاستقراء الفروع meaning it came from the statements of the scholars it's based upon قياس in other words it's not based upon اديل الشرعية it's not based on دليل this قاعدة is actually extracted from what it's actually extracted from اجتهاد independent reasoning does that make sense I'll give you an example when I bought a house the brother who sold him the house he said I sold you the house but I didn't sell you that palm tree and the palm tree is inside the walls of the house but it's at the front gate next to the front gate it's not inside but you know how we have a main wall and then the house is inside it the front gate the tree is inside here he goes brother give me the tree they go to the sheikh and the qadi the judge and they sit with the qadi and the judge and they speak to him and they say this is the situation that we're in the sheikh cannot give a قاعدة which from the Quran of the sunnah because this issue he says when you sell a house do you guys consider whatever is within those walls do you consider it to be part of the house your custom do you consider that to be the house if he says yeah yeah we do anything within those walls are considered to be part of the house he knows that it is and I know it is and the people of the land know it if he says yeah it is part of the house and we say when you said I sold the house to you the tree was part of that based on the قاعدة which is اتابع اتابع that since it follows it in its naming because the word house is what you said and they both share that together and they follow each other in that then they follow each other in ruling اتابع اتابع they follow each other in name and the house they have the same thing together so they have the same ruling which is that the house was sold so was the tree so was the tree but that's based upon that's based upon what that's not based upon evidence from the Quran of the سنة it's actually based upon it's based upon اتابع اتابع that can be rejected this is a proof does that make sense? that's the type that isn't the scholars are entitled to differ upon but the first two that I mentioned they are what? they are a proof from the Quran of the سنة you would have to take that's for what we intended to do for today anything which I have said that was wrong or incorrect is from me and Shaytan and his messenger are free from it سبحانك اللهم بحمدك سبحانك اللهم