 تشرف بالاشتغالي بالعلم ولا تبغي به ما عشت يا دادا دادا وياله من شراف عظيمي فصل لنظر how humble he is he is trying to say to you my book is only it consists of فصول which is a white unit my book is only it consists of units فصول even more humble is what he said after that which is فصول من أصول الفق من what من أصول الفق the word من shows what the word من shows تبعضية some some units it doesn't consist of all units it only shows some units then the أطرحمه الله he went to and he got into the defining of أصول الفق باعتبار مفرديه in terms of its what so when the scholars are defining أصول الفق what do they do they define it in two ways one is the the definition of أصول and فق which is called باعتبار مفرديه and the second one is باعتباره فن باعتباره عالم اللفن and the second one is the second one is in terms of it being a science that's studied right now which is what أصول الفق تجده so the first one is and the poet would say والمفرد المركب والمفرد المركب والمفرد المركب والمفرد انتركبة فهاتأة ملكبة فحده يكون بالفرadi ل кажд وحد لدى النقادي ثم يعد ثانيا المركبة إزلكبا لديهم تركبة والمفرد المضاف انتركبة مع غيره والمفرد المضاف ان تركبة مع غيره حتأة ملكبة فحده يكون باليفرادي لكل وحد لدى النقادي ثم يعد تعانيا المركبة مراكبة إذ لقب الذي يموت ركبة فهم يفعيله أولاً أصول وفق ثم يذهبوا بها وما يعادوا ثانياً مراكبة ثم يذهبوا بها أولاً كما أنها مراكبة وهم يفعيل أصول وفق تجدها ونحن أنها ليس فقط أصول وفق ولكنها أي أساينسي that are like that that are compounded of two words the scholars what they do is they break it up they define each one individually and then they define it together so now what he's going to do is define أصول وفق and explain it as what explain it as two components which is أصول and فق so the author says وَهُوَ مُؤَلَّفُنْ مِنْ جُزَيْمِ مُفْرَدَيْنِ it consists of two words أحادوهم and the first one is وَالْأَخَرُوِ the second is فَالْأَصْلُ أَصَلُ مَا يَنْبَنِ عَلِيْهِ غَيْرُهِ وَسْ أَصَلُ what's the definition of an ˹أَصَلُ the author he define أصَلْ to mean ما يَنْبَنِ عَلِيْهِ غَيْرُهِ and this definition of his is the linguistic lexical definition which is أصَل is anything something is built on فَالْأَصْلُ مَا يَنْبِنِ عَلِيْهِ غَيْرُهِ it's what something is built on top of it we say this is an essential bait the foundation of the house everything is built on top of the ground the ˹أَصَل˺ can be two types an ˹أَصَل˺ which is ˹حِسِي˺ tangible you can touch that you can put your hand on it are you with me brothers another one is not tangible okay it's ˹مَعْنَوِي˺ الله says in the Quran أَلَمْتَرَ كَيْفَ الْضَرَبَ اللَّهُ مَتَرًا كَلِمَةً طَيِّبَةً كَشَجَبَةً طَيِّبَةٍ أَصْلُهاَ تَابِتُمْ وَفَرْعُهُهَ وَفَرْعُهَا فِي السَّمَاءَ this one is ˹مَعْنَوِي˺ لا إلا الله is ˹أَصَل˺ touch it you can't touch it are you with me your father is the ˹أَصَل˺ your father is the ˹أَصَل˺ can you touch it your father is the ˹أَصَل˺ your father is the ˹أَصَل˺ your sub-branch your production of your parents are you with me brothers this in this particularly what does it mean it means and it shows that this person comes from this this is in terms of its what in terms of its in terms of its linguistic meaning the author now has only defined it according to its linguistic meaning but he hasn't defined ˹أَصَل˺ according to the ˹إِصْطِلاح˺ are you with me the technical meaning is ˹قواعد مستمرة˺ it's continuous principles if somebody asks you what's the ˹أصَل˺ the technical definition is ˹قواعد مستمرة˺ continuous evidence continuous principles that's what the ˹أصوليين˺ refer to as ˹أَصَل˺ there are other musages that they use it for but this is the most common usage for the word ˹أَصَل˺ which is ˹قواعد مستمرة˺ why is the author mentioning ˹أَصَل˺ he mentioned ˹أَصَل˺ we get it why is he mentioning ˹أَصَل˺ the reason why he's mentioning ˹أَصَل˺ is for two reasons number one أنه مقابل ˹أَصَل˺ it's the opposite of ˹أَصَل˺ it's the opposite of ˹أَصَل˺ when it's ˹أَصَل˺ when it's ˹أَلا فَكس˺ when it's ˹أَحينُ أو ˹أَحينُ cho'˺ are ˹جهِبي لأفسه˺ if you want to know something it makes it more understandable if you learn it's opposite if somebody doesn't understand ˹ت temple˺ if you say to them ˹شور˺ and they know what the word ˹شور˺ means you just say it's the opposite of ˹שور˺ it's the opposite of ˹وات˺ it's the opposite of ˹شور˺ the second reason because the person who studies usul al-fikh, he needs to have some grounds in furu'a, which is Fikh itself. If you want to study usul al-fikh, you have to have studied some Fikh issues, because the examples that the scholars in usul al-fikh are going to use are Fikh related issues. And Fikh is a fara'a, it's a sub-branch, it's a furu'a, whereas usul al-fikh is what is ijmali, it's comprehensive. That's why he mentioned it. Then the author, Rahmahullah, he defines what Fikh means technically. And he says, So he mentioned three things in the definition of a Fikh. When he defined Fikh, he brought together three matters. The first one of the three is what? That the Fikh is معرفة, it's perception and it's knowing. Number two, that معرفة تتعلق بالحكام الشرعية, it's connected to the ahkam of the shari'a. And the third thing is that the ahkam of the shari'a is known through ijtihad. That's what Fikh means. So if somebody asks you what does Fikh mean, what do you say? According to the definition of the author, it combines three things. معرفة, number one. Do you still know? The second thing is what do you learn? المعرفة تتتعلق بالحكام الشرعية, it's connected to the ahkam of the shari'a. The third he mentions is أن تلك الاحكام الشرعية, it's known by the way of ijtihad. It is known by the path of ijtihad. We'll know what ijtihad means. It means personal deduction. It's known through what? Independent reasoning and all of that. So let's go back to the first point of the definition of the Fikh, which is معرفة. معرفة means what? معرفة means an idarak perception. A perception that stands in the mind of the person is called معرفة. And that معرفة can be based upon علم and غلبة الظن, high perception. Pay attention to that. The معرفة encompasses علم, knowledge. And it also encompasses high perception. High perception. الله says in the Qur'an يَا يَا الَّذِينَ عَمَنُوا إِنْجَاكُمُ الْمُؤْمِنَاتِ مُهَاجِرَةُ فَانْتَحِينُهُنَّ اللَّهَ عَلَى مُبِيْمَانِهِ فَأِنَ عَلِمْتُ مُغُنَّ مُؤْمِنَاتِ How do I know she's a believer? Can I really know if someone is a believer? Because the ayah says if the believing women come to you and they run away from the disbelievers and they come to you, Muhammad. And Allah says in the Qur'an يَا عَلِمْتُ مُغُنَّ مُؤْمِنَاتِ If you know them. If you guys know them to be believing women. How do I know that they're believing women? High perception. There's a brother. You're striving. Every day you see him go to the masjid for fajr. He doesn't know you can see him. Sometimes you bump into him onto the road randomly. And you see he's got a moussha in his hand. He's reading the Qur'an. You bump into him. One day his living room window was open. And he was praying in there. He didn't know you knew because he didn't. And you went by his house and you heard him crying. What would you say about this person? That he's a righteous person? Are you 100% sure? Is it based on certainty? That's غالبة أبوان. غالبة أبوان. High speculation and high assumption tells me that this person is what? Are you with me brothers? Now this one is not the one that Allah is talking about when He says إيه التبعونة. إيه التبعونة إلا وظنة. That they follow speculation and assumption. This is not what He's talking about. نعم without certainty. Or there is no external things that are making you come to this conclusion. It is the one that is done without any reasoning. Is blame worthy. This one I look at all of this. وليذلك الله سبحانه وتعالى يوزد the word sometimes ظن as even علم. الله سبحانه وتعالى what does He say? وقال للذي ظن أنه ناجل. نبي الله يوسف when He's said to the one He fought will leave. يوسف عليسه. Did he know with knowledge? He knew with knowledge. He's one of Allah. وعذلك الله سبحانه وتعالى ظن. سورة البقرة الله تبارغ وتعالى يوزد it. أفتطمعون أي يومين ولكم وقد كان فريق ومنهم يسمعون كلم الله يتم يحرفون ومن بعد يمعاقل ومعنى. What's that? What's in that? يظنون أنهم ملاقوا ربهم. What's the beginning of the ayah? الذين يظنون أنهم ملاقوا ربهم وأنهم إليه راجعون. يظنون أنهم ملاقوا ربهم. These people are done. It's not done in speculation and assumption. يعلمون. It doesn't mean done. أنهم ملاقوا ربهم. That they're going to meet their Lord. They're the believers. Are you with me brothers? So the word done sometimes is used as what? It's used as علم. So the first one which is معريفة is it encompasses علم and it also encompasses are done. Then the author of the second part which is mentioned المعريفة تتتعلق بالأحكام الشرعية. It is connected to what? الأحكام الشرعية. الأحكام الشرعية that the author is talking about is الأحكام الشرعية تطالبية. تطالبية. Because according to the أصوليين the scholars are أصول الفق أن البحث الفق is الأحكام الشرعية is تطالبية. Meaning the أحكام الشرعية is two times. I think we already touched on this when we were speaking about that before this we just even spoke about it. Now before this is another book. We spoke about it in ثلاثة الأصول. Which is that the أحكام الشرعية is two times. الأحكام الشرعية which is تطالبية. الأحكام الشرعية which is what? خبري. أحكام الشرعية which is تطالبية which is you are being requested to do something. And there is another type of أحكام الشرعية which is what? الخبري. Information that you need to know. Not nobody is requesting from you to do an action. They just want you to know information that has been given to you. Are you with me brothers? So here when the فقهاسي الأحكام الشرعية they don't mean خبري. Who is the one who deals with أحكام الشرعية الخبرية? كتب العتقاد. بوكسة بعقيدة أحكام الشرعية الخبرية. And that's why some of the scholars they call their books فقه الأكبر. Are you with me? The reason why they call it فقه الأكبر is because when they were defining فقه what did they say? معرفة الأحكام الشرعية they meant أحكام الشرعية الخبرية. خبر. The third point that the author mentions which is الأحكام الشرعية التي طريقها الإجتهاد that its path is what is اجتهاد. فقه الأحكام الشرعية is connected to اجتهاد. The way you reach it is اجتهاد. For them if you did not reach this conclusion in this مسألة with اجتهاد فلا يسمى فقه. You're not called a فقه. For them you don't have the right to be called a فقه. And this is not called فقه. If you haven't reached this with اجتهاد. So according to the أصوليين فق is what مسائل اجتهاد. As for the فقه as for the فقه it encompasses both. Are you with me brothers? According to the فقه if you bring it with it if you come to the conclusion with this in what مسائل اجتهاد or مسائل which is other than اجتهاد for the فقه it's the same as for the أصوليين لحن. Are you with me brothers? Now I'll ask you a question brothers. The author said something and that which the author said is معرفة الحكام الشرعية التي طريقها التي طريقها اجتهاد in which its path is اجتهاد. Its path is what? Its path is اجتهاد. What about if I do you ask me a مسألة? You come up to me you ask me a particular مسألة and I haven't got the answer for it. I don't have a معرفة I don't have an understanding of it. I'm called a مشتهد so I'm called a فقي because the condition of a فقه is first of all معرفة لحكام الشرعية التي طريقها اجتهاد for them I have to have reached this conclusion by اجتهاد it has to be الحكام الشرعية and I have to have معرفة of it. When you are asking me I had no معرفة of it am I a فقي? According to the definition no. And this is where some of the بحروث and the discussions of the علماء ignited. A lot of discussion occurred from this which is نعم the person is a فقي with the condition that he is able to quickly get that matter within a very short period of time. So you ask him a مسألة he says to you look I'll do I haven't I don't know what استحضار with me right now but tomorrow come tomorrow I'll give you a good answer إن شاء الله. He just needs to quickly look at things and I say that's called a فقي it doesn't go against the fact he's a فقي because one is able to get things from a very a very short place whereas the other one is what? The other one is استحضار as soon as he's asked he gives the answer he has it ready prepared, organized all the about and the opposition that you might throw at him he's able to respond to it as well though both called فقها but the one who's not called the فقي says give me a year give me a month I need to do proper research this is not a فقي فقي is a high level نعم before you go into each part I'm going to question you guys before we move on to the next one I'm going to give a gift each time I'm going to give one book out of one two three five six seven yes this is the sad thing there's nothing we can do because even if they do answer who answered it first then sisters they will love it but it's sad أسف شديد okay the first chapter we took هاية what what did the author say that his book consists of if I'm going to put your hand off four chapters four chapters an introduction دليل دليل دي لالات التعارب والترجح very good فضل let's move on to the next chapter فضل هي فضل I can only give one book per now I only ask one question the next round I'm going to ask two questions the round of three questions four questions شاء الله I'll be sharp والأحكام السفعة الواجب والمندوب والمباع والمحدود والمكروف والصحيح والبابل وفي نصف الفاسر so the answer ما يضاب على فعله ولا يضاب على فركه ولمحجور، وما يصاب على تركه ويعاطب على فعله ولمكره، وما يصاب على تركه ولا يعاطب على فعله والصحيح ما يتعلق به النفود ويعتد به والباطل ما لا يتعلق به النفود ولا يعتد به الحكومة الرحيمة الله تعالى و يجعلها أكثر في أول محاولة ما فعلناه نقوم بعمل الأصول و نقوم بعمل فق أخوه أخوه فقط نقوم بعمل فق و نقوم بعمل أصول و نقوم بعمل فق عندما نقوم بعمل فق مالذي كان فيه؟ معريفاته؟ الحكام الشرائيه الآن أخوه أخوه أحكام الشرائيه أخوه أخوه أخوه أخوه أخوه فهي still talking about issue related to فق عندما نقوم بعمل فق عندما نقوم بعمل فق نقوم بعمل فق و نقوم بعمل فقSo what does Jerusalem Islamic ruling mean? What does it mean? So now that's why we're going to go into the issue of الأحكام Now you with me brothers So he says و الأحكام السبعات The ahkams are what? Five Five of them are أحكام تكليفية And two of them are الأحكام الوضعية هذا where the five all comes together so the حكام الشرعية is two types how many types is the حكام الشرعية the Islamic jurisprudence rulings are how many types two types the first one is called الحكام الشرعية التكليفية five is what he mentions from them he mentions الواجب والمندوب والمباح والمحضور والمكرو five then the author mentions the second type of الحكام الشرعية الوضعية and how many types does he mention in it الصحيح والباطل الصحيح والباطل he mentions those two so now we are going to define what it means الحكام الشرعية التكليفية what does it mean what does the first type of الحكام الشرعية mean it means خطاب الشرع or خطاب شرعي طلبي the تكليفي one means الخطاب الشرعي الطلبي المتعلق بفعل العبد اختضاءا أو تخيرا الخطاب الشرعي المتعلق بفعل العبد اختضاءا أو تخيرا it means the addressing of Allah سبحانه وتعالى that is connected to the action of the slave it is connected to the action slave it is connected to the action of the slave اقتضاءا means what اقتضاءا means to come with it is connected to it in terms of coming with something أو تخيرا means in terms of his choice اقتضاءا two things four things fall under it and تخيرا only one falls under that are you with me brothers one more time التكليفي means خطاب الشرعي الطلبي it is the شريع addressing a matter and this matter that the shari'a is addressing is basically connected to your actions it is talking and it is addressing your actions now the action the way it is addressing it is اقتضاءا أو تخيرا اقتضاءا means what it means to come with something and the way that the shari'a will tell you to come with something is in four ways اقتضاء is four ways it will tell you to come with something in a forceful manner forcefully come with it this is where it is or it will request you to come with something in a recommended manner which is مندوب or it requests from you so the first request was what اقتضاءا means to request اقتضاءا means طلب it means requesting something so the first thing that the shari'a does is it requests from you to leave of something in a forceful manner which is وجب على وجوب على سبيل الوجوب leave it you have to leave it or else I will punish you for it the second one is it requests from you to come with something but not in a forceful manner in a recommended manner if you do this I will give you this reward this is where مندوب comes in the third is the shari'a requests from you to leave of something in a forceful manner which is the third one is the shari'a requests from you to leave of something in a forceful manner and this is what this is تحريم حرام and the fourth one is the shari'a requests from you to leave of something in a recommended manner which is تخييرا means مباح whether you want to do it you can do it تخييرا is مباح you can do it if you want you can leave it that's how all five are احكاموا تكليفي does that make sense brothers احكاموا تكليفي is something connected to your actions واجب is it connected to your actions نعم ورباء مندوب ورباء تحريم ورباء كراهة are you with me ورباء إباحة all of them are connected to your actions that's what تكليفي means are you with me brothers it's got something to do with me it's connected to my actions that I have to come with it's not connected to anything external the second one احكام الوضعي is خطاب الشرع التلبي المتعلق بوضع شيء علامة على شيء الوضعي is what الخطاب الشرعي الوضعي is what الخطاب الشرعي الشريعة is addressing and requesting for something الخطاب الشرعي التلبي الشريعة is addressing something requesting for it المتعلق but it's connected to المتعلق it is connected to بوضع شيء على شيء بوضع شيء علامة على شيء علامة على شيء but it's connected to placing something a sign for something else in other words it's got nothing to do with you متعلق بوضع شيء علامة على شيء it's connected to something else it's got nothing to do with you for example is the entering of the صلاة time this is it's got nothing to do with me I'm not the one who's meant to bring the sun out and make it but the minute this sign occurs a حكم تكليفي comes from this are you with me brothers I am not requested to come with this sign but I am requested when this sign comes to do something the doing that I have to come with later is called تكليفي this sign that the شريعة placed is called are you with me brothers does that make sense the sun day أقم الصلاة لدولوك الشمسي إلى غسق الليل وقرآن الفجر أقم الصلاة طرفين نهاري وزلفة من الليل these are timings that the شريعة puts when jibreel came and took the prophet the prophet the time these are when isha enters I have to now do something which is that it's where jibreel for me to pray so what's what's the thing that they are having common and what are the things that they are both differentiated the thing that they are having common is the أحكام التكليفي and the أحكام الوضعي both of them are connected first of all they are خطاب they are both خطاب they are addressing both of them a command the prohibition is connected to it the second thing that they are having common is they are the شريعة is addressing a request is connected to it a request what is it that they are different in what they are different is one is one is connected to the slaves actions and one is connected to the signs not you not the one that is being commanded and who is the one who is being addressed here is different one is you are being addressed you are the one who is being requested to come with this is connected to you you but the other one is not you it's the son and the day and the night Allah is commanding that does that make sense that's the difference between أحكام التكليفي and أحكام الوضعي five the author mentioned only two of them but we would have to mention the other three he missed because without it we won't understand the last two that he mentioned and that is شرط سبب سبب سبب شرط is a prerequisite are you there شرط is a prerequisite of something the difference between a رقل and a شرط is that the شرط خارج عن ماهية الشي شرط is not part of the essence of the thing it's outside it whereas the رقل is inside the thing like reading سورة الفاتحة is a رقل because it's part of the صلاة it's in the صلاة whereas وضو is not part of the صلاة it's outside the صلاة it's before the صلاة it's what you need to come with are you with me the شرط doesn't negate the fact that it can be inside the thing but it stands outside it first it can some شروط they enter ماهية the thing itself because the وضو you can't say it's only needed before so once I go into the صلاة I can I can break my وضو no you can't are you with me brothers do you read فاتحة before the صلاة or do you read it when you're in the صلاة once you're in the once you're in the صلاة so the first one is from the حكام الوضع is شرط prerequisite so let's take the صلاة as an example وضو is a what it's a shard what's the sebab for the صلاة to be prayed what's the reason دخول الوقت the time entering right the time entering what's the ماهية that might prevent a person from praying سانة and things like that are you with me if the عقل the person goes goes you can do the same with debt there's a condition there's a prerequisite there's a condition there's a prerequisite which is شرط there's also a سبب and there's also a ماهية for example the زكاد how much is it the زكاد is something you have to pay right what's the شرط of a زكاد yeah that it reaches it's in the صاب it reaches the amount right are you with me brothers what about the سبب حال عليه الحول the whole year goes by a yearly cycle goes by right what's the thing that can prevent you from having to pay زكاد are you with me brothers if debt comes I don't have to pay the زكاد are you with me brothers I'm a person who doesn't have the money pay attention when the شرط is intact the سبب is found the ماهية is missing this is then does that make sense if the conditions are there the prerequisites the شرط is there the سبب is found the ماهية is missing there's no ماهية there's nothing preventing are you there we call it صلاة which is صحيح صحيح prayer correct now many people conflate two things together when we say your صلاة is صحيح we're not saying your صلاة is accepted that's between you and Allah we don't know but the author explained it to you when he said صحيح it means what صحيح here means أي ما يعتدو it's taken into consideration as a prayer ويتعلق به النفود and it is considered as execution as you executed this meaning تبراه به ذمة the prayer is no longer requested from you anymore but if I see a person praying right now he leaves the conditions are missing from him he just wakes up he's sleeping he wakes up and he goes الله أكبر what do I say to him your صلاة is باطل why am I saying it's باطل because a شرط is missing صح a condition is missing are you with me brothers what about if he prays with the طهارة with everything and he does everything he prays correctly what do I say to him صلاةكة صحيح meaning it's accepted no one is going to tell you to pray again the other time I was going to tell you to pray again صلاة was باطل but صلاة here is نفود it's basically done as for whether it's accepted or not that's your intentions I can't look at it are you with me brothers so this is the أحكام التكليفية that the author has mentioned are you with me brothers which is الواجب والمندوب والمحضور والصحيح and each one he defines what it means he defines each one the first one he defines الواجب he says what does واجب mean ما يثابه على فعلي you are rewarded in doing it and you are punished for leaving it this is a very loose definition on the author's side because there are people who leave واجب and Allah doesn't punish them and there are people who do واجب sorry there are people who leave واجب and Allah doesn't punish them and there are people who do واجب and Allah doesn't reward them so when the author says يثابه على فعلي he is rewarded for his actions and Allah may not reward that person so what are you going to say so that's why the scholars they define it again by saying يستحق فعيله ثواب the one that does it deserves he deserves to be rewarded يستحق right are you with me these ones they came back in response and said I'm still going to stick with my previous definition why because we know that maybe everybody will happen but as long as there is a group of people who are going to be rewarded for the action of واجب then my definition stands are you with me as long as there is a people who are going to be rewarded for doing this obedient act