 فشرف بل اشتغالي بالعلم ولا تبغي به ما عشت يا بدا بدا وياله من شراف عظيمي The reason is because the wudu was there in the first place The wudu was there in the first place We're now doubtful whether what Whether you broke your wudu So we stick with the certainty and we leave off that The Maliki will come and say No, you've broken your wudu Why? اليقين ولا يزولوا بالشك اكيف المالكية اليقين ولا يزولوا We use the same قاعدة They said yes Why? They said بقاء الصلاة في دمتكة الصلاة To be on your neck It is certainty That the salah is on your neck You have to come with it That's the يقين We know that's متيقن That you have to come with it We can't remove that certainty Of you having to come with the prayer For something without full So what did they say? You have to come with the wudu And you have to do And you have to do the wudu So my brothers Here what we learn is If you do not know these مسائل And you haven't observed it like that And you haven't got the understanding And the comprehension like that On these issues Brothers And sisters خلال خلال Deficiency comes Are you with me? And you will force And you will come with these that are wrong Are you with me brothers? So it is important That the person observes That he observes that It's very important that the person observes that These خلافات So we mentioned If I go over again The types of قواعد الفقية there is We said there is First one is القواعد Which is المتفق عليها Which is القواعد الكليت الكبرى Which we said is five And some they add a sixth one to it Which is اعمال الكلامي اولا من اهمالي The second one which we said Which is القواعد المختلف فيها But it's known as قواعد الكبرى الكليا القواعد الكليا أضق مجالن But it is what السغرة سمولة Then the previously mentioned one Which is the five or the six An example for that was what الاجتهاد ولا ينقض بالاجتهاد The third one which we said is القواعد التي تختص ببابن دون باب It's the قواعد that are specific to a particular chapter And this is known as It is known as ضوابد It is known as الضوابد And we gave the example for that Which is كلما صح بيع صح رحنوه Anything you can sell You could do رحنو with And we also gave the قاعد كل وصل سبابه قبله فهو واجبه وكل وصل سبابه بعده فهو مستحب فهو بعده كل وصل سبابه بعده فهو مستحبه We said that And that we said all of that is ضوابد The fourth one was what قواعد المتهبية قواعد which are what ماذا they have related قواعد We gave the example لحجة بالاحتمال أن ناشي عن دليل That's beauty from the evidence We said this is a قاعدة Taken by who The حنفي عندها حنابل شافعية Don't take it And they don't implement it And then I went on to saying That's the first differences خلافات أقوى أقوى Within the مذاهب There are other types Which is اختلاف This بسألة that we have Which قاعدة should we take it back to Are you with me For example التهنئة Greetings What's the usal for greetings Is greetings عبادة or عادة If it's an عبادة Then I'll usal with عبادة عبادة I'll talk with you If it's an عادة Then what It is عباحة is permissible رقية Is رقية عبادة or عادة It is a discussion for me and you About the issue of Why are you Doing an experiment First of all let's agree That it's عبادة or عادة This is the first Are you with me The third type Which is what اختلافوا بسبب كيفية الانديراج الفرع of القاعدة How should we bring this فرع into the قاعدة We are using the same قاعدة But everyone is perceiving it differently In the way they want to bring it in And my beloved brothers And sisters Due to the short time And since I've spoken about this before And I think the time is getting So I'm going to have to leave off نشأة واتدوين وعلم الفرع قاعدة الفرقية And go over it very fast Which is the third point Are you with me This is the third point after the تعليف القاعدة الفرقية We spoke about the types of قاعدة الفرقية right I'm going to now have to go over نشأة واتدوين وعلم القاعدة الفرقية How a قاعدة الفرقية And go into existence and whatnot قاعدة الفرقية My beloved brothers and sisters It came with the Qur'an And it came with The student of the Prophet صلى الله عليه وسلم Are you with me And we also find That the Sahabas They were making قاعد With their statements Such as أمر رضي الله عنه A statement مقاطع الحقوق عند الشروط Which أمام البخاري Who brings it معلقا Are you with me And of course The قاعدة Which I mentioned That أمام أمام المؤمنين أمر رضي الله عنه Said Which is هذه على ما نقضي واتيلك على ما قضينا Which the قاعدة Was taken from it Is الإجتهاد لا ينقض بالإجتهاد And then The Sahabas were also Making قواعد Are you with me brothers And The tabi'een The tabi'een Such as رحمه الله تعالى He أزمام البخاري رحم الله بنزين الصحيح معلقا نزواء من شرط على نفسي طائعا غير مكرف هو عليه قواعد لا ينسبوا إلى ساكتن قولا The one who sign That you can't attribute A speech to him الرخص افتشريعة Gives you an ease In a matter لا يتعد بها محلها It does not surpass Its needs But surpass 4 points And then of course محمد محسن الشيباني And I'm a yousuf And Imam al-Shafirah رحم الله فيك You look at the Tabi'een قواعد after قواعد You see in it You see قواعد But My beloved brothers sisters The first person Who came And he actually wrote A book in قواعد As a subject As a field The earliest person is هو أبو طاهر محمد ابن محمد at the best رحمه الله هو من فقهة of the third or the fourth generation وهي تقوم بإمامه أبو حنيفه وقام بإمامه 17 قواعدagne the reason why many people jump him and they miss him out and they only jump to him Instead of mentioning him they jump to أبو حسنا الكرخ is because أبو طاهر was a blind individual and he used to repeat those قواعد every single night in his mosquito he would repeat it after and the people would write it from him they would write it from him منه. فهي كان the first person who could actually be said he was given importance to the قواعد but the thing is there's no written book of his or his works no there's no book attributed to him by name that says it whereas أبو الحسن الكرخي who died a year 340 هجرية are you with me he has a book known as أصول الكرخي are you with me and is a حنفي سكولة and as you can see the حناف for the first people to bring out قواعد الفقية they were the first and then after him came أبو زيد الدبوسي and he wrote his كتاب تأسيس النظر and he added many more قواعد onto it and he also mentioned a great large amount of sub branches or thick that are connected to that قواعد but even though if you look at أبو زيد الدبوسي if you look at him the قواعد that he mentions and if you look at them they can really be referred to a lot of them is قواعد مدهبية قواعد that are obtained to the مدهب of the حناف not only just the حناف rather he's قواعد are more set down for the خلاف the dispute between محمد محسن الشيباني and أبو حني فرحمه الله تعالى are you with me and and etc then would you call it came ألمام العزيب العبن السلام رحمه الله تعالى who died in 1906 and he wrote his كتاب قواعد الأحكام في مصالح الأنان so now if i go over the books that are written in قواعد الفقية by مدهب is as follows the first person who wrote it is as a book that's read is مدهب الحنفية is number one أصول القرقي who died in 304 هجرية the second one is تأسيس النظر بأبو زيد الدبوسي who died in 430 then الأشبه والنظائر by ابنو جيم who died in 900 and 70 نعم 70 يوزه حنفي the ماليكية they have كتاب الفروق by الامام القرافية رحمه الله who died in 684 and we have the book القواعد by محمد محمد المقري who died in 758 يوضح المسالك إلى قواعد الإمام ماليك by أحمد ابنو محيحية who died in 940 شافعية شافعية they have العزبنا عبد السلام رحمه الله تعالى who died in 660 his كتاب قواعد الحكام في مصالح الأنام العزبنا عبد السلام قواعد the way he tries to do it is that every قاعدة he tries to bring it back to the قاعدة which says he tries to just bring it back to every every matter he tries to bring it back to that قاعدة so his book is more about that مصالح that this religion has come here to work for your مصلحة your benefit number two is الأشبه والنظائر by سويوطي and we're going to speak about the more details insha'Allah when we start our كتاب is actually a poetry of this كتاب is a poetry form of the is what it is a he died in 911 and also the book 795 استمداد قواعد الفقية where is قواعد الفقية قواعد الفقية is rooted as I said الكتاب والسنة والإجماع والقياس وأصول الشريعة ومقاصلها it is taken from the كتاب of Allah from the messenger from the consensus from the it is also taken from the وصول الشريعة ومقاصلها is قواعد الفقية taken from the Arabic language no وصول الفق is like it صول الفق is taken from the Arabic language are you with me when you look at the are you with the it's language this shows this is the language but it's not taken from there how did he say it's taken from الكتاب because the it comes before it it's no root for the language it's no root for it okay for example the is the which we mention is from the which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as which is also known as حتى يسمع صوتاً أو يجد ريحاً unless he hears a noise or he smells the odor of the smell so certainty is the only way you can get rid of it also the إجماع أو أجل فقي is a technique from إجماع which is what? the scholar is unanimously agreed upon this قاعدة which is لجتهادة مع النصي you can't do it when there is a text there this is a قاعدة فقي this قاعدة is from the إجماع that you can't do تقديمه الإجتهادة على النصوص you can't give presidents to إجتهادة when there are textual evidences are you with me لجتهادة مع النصي as for قياس as a قاعدة فقي an أصول the أصول of the شريعة or مقاس ديهاد is objectives you all have to do homework on that and get an example for that I'm not going to conclude with the last point which is what is the benefit and why should I go out of my way and study قاعدة الفقي why should I go out of my way and study قاعدة الفقي why? what is the reason one should go out of his way and study قاعدة الفقي my beloved brothers and sisters the reasons of studying قاعدة الفقي is many the first one is قاعدة الفقي gives you brothers ضبطة الفقي once you study قاعدة الفقي you will be able to narrow down and bring together many sub branches that if you went out of your way for decades you will never be able to gain you won't be able to get it but the قاعدة الفقي will bring it for you easily and nicely تجمع الفروع المتناثرة تحت قاعدة واحدة وان قاعدة will suffice you from so many I'm sitting here everything you bring for me I look at and say I've never heard of it before but I have this قاعدة with me instead of going out of my way and studying every فرع I save myself time of just learning the قاعد and that's very important brothers that's one of the biggest things that our life is short العمر قصيرة the time is very short you're not going to live forever so what are you going to do you're going to study what's more important what's less important قاعدة الفقي is what gives you طبط الفق so many issues you just bring it all under one place it's well organized in your brain after this everything is well organized for you and each example is العمر بمقاعدة the second benefit that you get from it is that you're going to get out you're going to get rewarded in here after of course anyone who Allah wants good for him he makes him understand the religion in detail so when you study قاعدة الفقي and you know the معرفة العلالي ومقاعدة الشريعة and the wisdoms and the reasons behind matters are you with me brothers and you study قاعدة الفقي of course you're going to get rewarded Allah is going to give you a reward also the other benefit that you get from it is معرفة العلالي الحكامي وحكاميها you actually learn the reasoning behind why Allah left you say to this issue what's the wisdom in it why did Allah say this are you with me brothers and since it is الحكام وحكاميها since you know the reasoning are you with me brothers now that you've understood the reason behind something you're able to give fatwa when النازلة comes a contemporary issue hits you are able to do the correct verdict for example somebody harms a person over the internet easily you're going to look at it and say يوزال the internet is something new somebody tries to harm somebody through the mobile قاعدة so you'll be able to give the fatwa the قاعدة that you're using because you know that العلالي is the dana it doesn't matter how it comes you know معرفة you understand the علالي of what has to be removed and what has to be rid of is the harm and that harm it doesn't matter the way it comes to you are you with me brothers so you're just going to be looking at the علالي the wisdom behind it that's all you're going to follow because the scholars would say العلالي the ruling revolves around the علالي whether it's absolute it's not are you with me brothers alcohol is liquid and water is liquid why is alcohol haram for the علالي why is haram for is what when that word is scarce present in a liquid it's haram when that is absent it's haram does that make sense so if somebody says to you I'm not allowed to drink alcohol why I don't know I'm just not allowed to he hasn't understood the what he hasn't understood that so then he's going to be tomorrow if the alcohol is made into power now he's going to say it's permissible because I was not allowed the liquid if the liquid wasn't allowed but because you know the علالي and you know the wisdom and the reason and this is this مثال only you will understand last but not least my brothers is and there are many more it is قواعد الفقية will give you your فتاوات and your answers that you give will be سديد be correct and so on and you will have consistency in your verdict consistency not inconsistency in your verdict a lot of people they give an answer to an issue they say this is the strongest opinion and then tomorrow another issue they say this is راجح but in reality you would automatically say you've contradicted yourself it's impossible for you to do ترجح of that opinion if you yesterday don't ترجح of this opinion if you strengthened that opinion yesterday you couldn't have strengthened this opinion today مثال ذلك will be the issue of صلاة الجمعة are you with me brothers صلاة الجمعة is صلاة الجمعة as obligation independent or is it an exchange from صلاة الظهر if the answer of that question depends on the ruling that you give let's look at the example if a person says are you with me when the فقها is different there is an issue they differ upon صلاة الجمعة is it prayed after the زوان or before the زوان after the زينث or before the زينث the فقها is different there is a recitation there is a recitation and discussions keep coming discussions so the issue here is now here if you believe that صلاة الجمعة its obligation is an exchange of صلاة الظهر صلاة الجمعة is a bedal its obligation is just taking the place of صلاة الظهري if you believe that then for you if it's a bedal then it has to be what قبل زوان are you with me if you don't believe it's a bedal and you believe it's the فرير but here is what is it's independent from it then it's what قبل زوان if you believe pay attention here if you believe that it is independent from it and it is not bedal it is independent are you with me brothers if you believe it's independent from it then your answer here is going to be what is the well so if you believe صلاة الجمعة is independent from صلاة الظهري in its obligation are you allowed to say that you can combine between جمعة and أسف if you do then it shows that you're contradicting yourself automatically I don't need to ask you that I automatically know since you said that are you with me that ذهور and جمعة فرض of جمعة is independent from ذهور and you've chosen your opinion that it is prayed قبل زوان automatically I know for you it is not permissible to say what الجمعة بين صلاة are you with me and if عيد comes on the day of what and you have the opinion that it is وجب so your consistent your فتح has to be consistent here if عيد happens on the day of جمعة for you if عيد is وجب you can't cut the you can't cut the the same issue happens my beloved brothers and sisters is the issue of نكاح for you نكاح what is it is نكاح the intimacy or is it a contract which of those definitions what do you define نكاح as do you think that نكاح in the شريعة when it says نكاح is meant by even in the Arabic language نكاح حتى المطر والأرض it means it went into it so some people say that it's intimacy are you with me that if a man divorces his wife and he finishes the divorce Allah سبحانه وتعالى حتى تنكح زوجان غيره until another man marries her the marrying of the man here is meant by intimacy are you with me brothers so which of those two opinions do you take do you take that نكاح is intimacy or do you take it as a contract Mr. عقد if you take the عقد then rules are specific for you when it comes to the issue of نكاح basically later when divorce happens or what not then your فتح is going to go one way it has to be consistent on that and the person who says it's it's not the contract rather it's the intimacy his فتح has to go on another part the person who doesn't know the the person who doesn't know the the person who doesn't know the the contradiction in his فتح and he's not going to have consistency and you can see right through him that he's a person who is what he's speaking without knowledge he's speaking what without knowledge and Allah تعالى تعالى knows best my beloved brothers and sisters anything which I have said that was wrong and incorrect فإنه مني ومن الشيطان والله ورسوله بريقاني منه تبحانك الله ما بحمدك