 سفته آدك الأيام فتح امهار الشيخ عبد رحمان ابنه ناصر السعودي رحمه الله قلت في رقم 16 وليس واجب بالاقتدار ولا محرم مع الضرار امهار الشيخ في هذه الثلاثة يجب علينا 2 قاعدة مهمة ومهمة قاعدة الأولى وليس واجب بالاقتدار which basically means أن الواجب تسقط مع عدم خدره that the wajib is dropped from your shoulders when there is no ability something that was wajib that was obligatory on you because you now don't have the ability for it the sharia came and uplifted it from your shoulders the bait of the sheikh is saying وليس واجب بالاقتدار اقتدار means what قدرة ability what does قدر mean? it means استطاع ability and as you all aware of أنتم تعرفون الفرق this deviated sects the groups that are out there especially 2 views 2 views of the firak or 2 particular groups what they believe of the matter pertaining to استطاع ability for example from the groups are those who say قدرة is ability is السابقة للفعل it is the prior to the action ability is what is prior to the action only ability means something prior to the action that's it and that is the view of that that is the view of the معتزلة deviated sect and the 2nd view is those who say that the قدرة is what the قدرة is المرافقة للعمل it is that which is with the action ability is referred to what is taking place whilst the action is going on ability is what's with it أهل السنة والجماعة when they define what قدرة and ability mean they say that القدرة والاستطاع بالمعنى 2 of the meanings which 2 meanings both of the views that are mentioned by that by the معتزلة and the أشعرات together is what أهل السنة believe so what they say the أهل السنة say الاستطاع is what ما كان قبل الفعل وما كان أثناء الفعل أهل السنة say what the ability is that which is prior to the action and that which is with the actions good but they also differ with the معتزلة in the statements that they say even though they said it is prior to the action they also still differ with them in that statement as well what is it the معتزلة in the first meaning which is that it's prior to the action they believe that the ability is prior to the action and it's specific for the مكلف the one who has been burdened in the creation and that it's not ascribed to the شريعة that this matter it is not ascribed to the شريعة بخلاف أهل السنة whereas أهل السنة don't believe that أهل السنة believe that the ability is not specific to the action of the مكلف and it is ascribed to the شريعة نعم وليس واجب بالاختدار and واجب what does it mean واجب is واجب is واجب is what it is the action in which the شريعة requests from you in a forceful manner it asks you to do it so the meaning of this قاعدة the first قاعدة because I said he mentioned two is the one who doesn't have the ability of a particular action from the actions the obligation is uplifted from him and the evidence for that is in سورة التغابن ayah 16 الله says مستطعتم as much as you're able to and also the messenger صلى الله عليه وسلم and he said إذا أمرتكم بشيء إنفقتم منه مستطعتم if I order you a matter come with it that which is according to your ability now we have to realize something which is what the types of ability it differs in comparison or in relation to the obligation abilities differ when looked into in relation to the obligation the ability differs for example the obligations are some types of the obligations are what those which are بدنية they are something you physically have to come with you have to come with and it's connected to what to your body lack of not having the ability for the actions which are obligatory so pay attention as I said the واجبات are different types the abilities are also going to be different types when you look at it in terms of the obligation it's connected to for example there are واجبات which are connected to the person's body it's a physical thing that a person has to do so for example if a person doesn't have the ability of an action which is physical he doesn't have the ability فعدم القدرة يكون بعدم وجود جزء البدني المتعلق بذلك الواجب because a part of that body may not be something you have the person may not have the body part for that particular what for that particular actions for example washing your hands in وضو is what is an obligatory act the person may not have the hand his hand might be cut off at that particular point he is not able to wash his hand and he can't do it so here what we say is that the obligation is uplifted from him very good also what could possibly happen as well is that the individual this action which is a physical action he doesn't have the ability on a particular portion of the action for example the one who is sitting who is unable to stand for the prayer he can't stand up and there are some obligations which are connected to the people's wealth it's connected to the واجبات المالية it is connected to your finance the person is unable to pay what he is unable to find his wealth for example or or he is unable to do what he wants from the wealth for example حج the person doesn't have a provision to get to you حج then obligation of حج is uplifted from him there are also واجبات which are verbal واجبات the person is for example he can't speak at all he is unable to speak he is mute he can't speak all of these as I said to you all there are واجبات the ability pertaining to it is as I just mentioned so those three types that I mentioned those which are واجبات those which are مالية and those which are قولية the scholars they divide them into two types those three that I just mentioned the scholars they categorize them into two types some which have an exchange they have a بدل something else can go in its place for example a person is unable to what he is unable to use water he can't do وضو is there something else that can take its place yes تا يموم there is a what there is a بدل something that can take its place from them are those which are what ومنها ما إذا سقط لا يكون له بدل and there are some واجبات that if they are taken off your shoulder there is nothing else to take its position such as حج the person if the Haj is lifted from him because he is unable to do so then there is no بدل for it there is not something else that he has to do so here is that the scholars discuss which is what when you are unable to do something when you are unable to do something lack of ability for a matter or a particular واجبات does it uplift it from your shoulders for example this واجب you can do part of it but you can't do the other part does it uplift it from your shoulders just because you can't do some of it this the scholars they say it can only be answered based on the type of واجبات that you are speaking about يختلفوا باختلاف الواجبات فإن الواجبات على النوعين the واجبات are of two types واجبات لا تتبع عب واجبات that cannot be broken in two parts and it's what it's one portion it's either there or it's missing for example a person is not able to give a صاع of فتر the portion that is appointed by the شريعة he can't give it what happens here سقطة سقطة الجميع the whole ruling is uplifted from him نعم very good the second type is what واجبات تتبعض وليس بعضها مرتبطة بالاقري واجبات which can be broken up and they are not connected to each other necessarily for example a person is unable to fully cover all of his aura he can only cover some of his aura he covers what he can he covers what he can and the rest he leaves it with with الله تعالى the ruling is lifted from him and the علما refer to that the second type is what الميصور لا يسقط المعصورة نعم there is a third type which is called dispute تترد ددو بين الأمرين واجب which the scholars are in dispute is it لا تتبعض or تتبعض is it واجبات that can be broken into parts or is it واجب which is stuck together there is that dispute amongst this one and the scholars dispute one another an example of that is وضو it's وضو a person is unable to wash all of his body is it permissible for him to do what to use some of his part of his body water and another part finish off the طيامم just to do the طيامم can that is that permissible or is the whole water uplifted from him or is what the whole water uplifted from him and he just does طيامم so based on whatever the person says if he says يتبعض then the ruling changes and if he says لا يتبعض changes based on what he said that's the first قاعدة that the author mentions in that line the second one is he says which is the which is there is no haram when there is a necessity لا محرمة there is no haram when there is a necessity and a lot of the فقها they say this way الضرورات to beح المحضورات that the necessity permits the impermissible necessity allows what the impermissible او ضرر يزالو او لا ضرر ولا ضرار this is where it falls under so anything that a person is basically in a state of necessity that thing is not haram anymore it becomes what حلال for the person he is permitted to use that thing but we have to understand some points what does محرم محرم is it is a that the sharia are requested for you to leave off in a forceful manner what does ضرورة mean ضرورة is very important to be understood properly ضرورة is it means ما يلحق العبد ضرار بتركي بحيث لا يقوم غيره مقامة it is the person the individual حام will afflict him حام will afflict him by leaving off يلحق العبد ضرار بتركي if he leaves off this thing حام will afflict him and also there is no عيوض there is nothing else that can stand in that thing in which he wants there is nothing that can take that thing's place that is the correct meaning of what ضرورة means حام will take place so many people they confuse it with حاجة حاجة is different from ضرورة and will give the definition of حاجة as well they give an example of both حاجة is different from ضرورة حاجة means what ما يلحق المكلف ضرارون the person how will take happen to him if he leaves off but لكن قد يقوم غيره مقامة but something else can take its place he can find an alternative I give an example of ضرورة and I give an example of حاجة ضرورة for example is if a person he has to eat and he can't find except a dead animal for example if now he leaves this animal and he doesn't eat his corpse what will happen death or harm not death on death is not necessarily a condition doesn't have to be death but what will happen the person is going to have a harm is going to harm him and he has no other alternative this is called what this is called a ضرور it's called a ضرور because he has و لا يقوم غيره مقامة و لا يجد إلا الميتة and he can't find anything except his corpse حاجة is like what حاجة is an example is what the messenger صلى الله عليه وسلم did what did the prophet do the messenger صلى الله عليه وسلم one of his vessels broke the prophet صلى الله عليه وسلم one of his vessels what they broke and when they broke the messenger صلى الله عليه وسلم he placed in it what he placed inside it a silver he put inside there the messenger at this particular point at this particular point the prophet putting the fitbah there alternative when the prophet vessel broke and he took and he placed a fitbah in there this is called حاجة there was other alternatives so that قاعدة is و الضرورة تطبيح المحضورة و المحضورة مطلقا necessity permits impermissible thing necessity allows and permit for you something that is impermissible unrestricted not if no buts and of course if the conditions are met and is a ضرورة now that لكن المحضوء الحاجة something if it's a hajah لا تبيح المحضور a hajah a need doesn't necessitate something that's haram from you إلا إذا ورد مع الدليل unless the evidence permits it you need evidence for it good that is very what important where's the evidence for this قاعدة that the sheikh mentioned which is المحضورات تطبيح المحضورات where's the evidence for that عدد من النصوص الشرعية there are a lot of texts that permitted or that are evidence for it قوله تعالى the statement of Allah سورة البقرة I-100 now 73 لا فصل لكم ما حرم عليكم إلا مضرتم إليه سورة العام I-119 so the first ayah when Allah says anyone who is given or he's in a state of barar he's in a state of necessity and we speak about what the word means غيرا باغن gonna elaborate on that point in which Allah says later لا إثم عليه there is no harm on that person the first ayah is what it's specific to food the first ayah but the second ayah it seems apparent that it's عام وقد فصل لكم ما حرم عليكم إلا مضرتم إلا مضرتم إليه that ayah seems it seems very general but the first one can be used only for food it seems examples for this qaida is important that we take it and we just mentioned one which is أكل لحم الميتة eating the flesh and the meat of a dead animal ضرورة but I have to elaborate a condition that the scholars they stipulate for this qaida and it's obligatory on us and we should observe these conditions because some of the people they make and they water down the حقام of the شريعة and they don't observe these conditions from these conditions are number one أن تكون الضرورة تندفع بفعل المحضور doing this action doing this action which is حرام will remove and get rid of the necessity that you're in and get away from the harm that it would work if it isn't gonna then it's not permissible to do this حرام for example a person can't find nothing to drink except what except a خمر he can only find alcohol to drink it is not permissible for him to drink the خمر he's not allowed to drink it unless what unless that this alcohol will remove the thing that's in your throat that's about to kill you it should be able to work it should be something we believe that it's going to move it yes it's liquid it runs down it good it will work but a person says I'm in a state of necessity and I'm gonna take drugs huh is that going to move this لا يدوس so it has to be something that what it has to be something that we know can remove the harm with that being said what also falls under the first point is that we don't also find another part of means if we can find another way to remove it and we're able to do it well then we're not allowed to for example a person can find a male and a female doctor she can find a male doctor and a female doctor she can who does she choose she chooses the female what the female doctor because she has the option of choosing the second one is that that the necessity has to be higher than the sin meaning the sin has to be less very small in comparison to your necessity because if this person is about to die and eating the eating is less in comparison to a muslim person his life is going واضح now example would be that the محظور is higher the sin is higher than the necessity which is what if a person tells you kill this person or I'll kill you kill this person or I will kill you نعم here it is not permissible فلا يجوز فعل المحظور بقتل غيره he can't kill other himself that also point that has to be realized is that which is this one is that if the necessity the harm that you are permitted under this situation of necessity if you you're not out of it in the sense where you're not in a position where you need to eat this food anymore you've either come to the city you wanted to get to or somebody's offered you something then you're not allowed to still carry on this animal which is was permitted for you under what under ضرورة نعم but this قاعدة we're going to come to insha'Allah and the sheikh is going to bring it in the next line in the next details the third one insha'Allah and the sheikh is that the necessity has to be something that is known it has to be true like the necessity has to be something متياقا it is certainly that you are necessity because a person is not allowed to make permissible something for themselves based that they think that there's a necessity I think this is a necessity it has to be a necessity, it has to be known I don't know, maybe we have that it has to be what? good also some of the علمات they divide the necessity into two types they say there are a necessity which are مؤقتن it's for a duration and there are those which are not to a particular duration it's forever and the one they say that it's a necessity which is forever is marriage they say marriage is a necessity but that isn't the case the أصولين they said as an example but it doesn't seem like that example is correct why? because زواج مارج is not ضرورة what is it? it's a منفع there's a difference between منفع and ضرر so it's not a harm, it's a منفع, it's a benefit the author he then says after that on the 17th line this bait is one of the conditions that we just mentioned for the previous bait it's one of these conditions we mentioned it under the second condition right which is that the person he should not use or utilize a حرام which is above the necessity and the need somebody's just he's got he's actually he's actually gained his need so he drank the alcohol he removed what was in his throat he can't just keep drinking it and carrying it and drinking it and drinking it every حرام is connected to the necessity بقدري and it's leveled and it's weighed with what بقدري ما تحتاجه الضرورة it's according to your necessity once the necessity is removed and you don't need it anymore it becomes حرام the original ruling comes back again and that is what Allah when he permitted it in 1973 when Allah said فمن الضر غير باغن ولا عاد الله condition what عدم البغي عدم العدوان عدم العدوان means what أزيادة في المقدار that you don't exceed your limits that I am saying to you فمن الضر غير باغن the person who is put in a situation where he is in a state of necessity then Allah تعالى this condition غير باغن ولا عاد and I'll explain what it means غير باغن غير عاد it means عاد means that the person doesn't exceed his limits in this issue ازيادة في المقدار that the person is what he is not using it for more than what he needs very good for example this will make it more clearer a woman a Muslim woman she requires a doctor and she couldn't find إلا رجل a man she could only find a man it is not permissible for her to show her عورة except that which is needed if she has to show for example her leg for example her shin she has to see she can't take off her hijab and her niqab off and take her full clothes off and come and sit it's not permissible she can only show him what she only shows him موضع موضع الضرورة the place which is necessary she has to show only that and the scholars they say الضرور يقدر بقدرها the necessity it is weighed by its need so the woman has to see that she has to show her cheek she can't show any part of her body else she can only she even the cheek she just lifts it up like that she can't show her eyes sorry her face her nose her mouth she can't show she only shows him the place which he needs to see that's important some people they believe he can see it so they go all in and they say it's a necessity and that isn't the case the ayah said something very important which is something that we need to give an eye to إن شاء الله تعالى which the علماء they took an evidence from it which is what the ayah says فمن الضر غيرا باغن غيرا باغن the scholars they took from this word غيرا باغن اي قاعدة and the قاعدة that they took from it the principle which is أن الرخص لا تلاط بالمعاصي this قاعد is very important which is is is is isn't given to a person who's sinny for example if a person travels and he embarks on a journey where he's going to go to كم ازينة for example a person is travelling from a Muslim country he wants to come to the UK for prostitution and haram you see and it's an example in the month of Ramadan may Allah تعالى protect us from that is that person allowed to take the ruling of what breaking his fast because he's a traveller is he allowed to but he's embarking on a journey the scholars they took from this غيرا باغن it's not allowed and so they said any person who is given a رخص رخص means what a wajib is lifted from you because the sharia wants to give you ease it is not permitted for who لا تلاط بالمعاصي it is not stipulated it is not with the person who is falling into a sin نعم another question that arises here in this masala which is connected to this قاعدة it is very important that we give an eye to it which is if you got permitted something if you got allowed the sharia allowed you something due to necessity something was allowed for you under necessity okay does that thing nullify the right of others that question may not make sense but with the example it makes sense for example if I said a person he had to use the wealth of somebody else he is in the middle of the desert and he finds a camel and he is about to die okay are you with me he finds the camel and what did he do he took it and ate it he is about to die does that nullify the right of the owner to request for his rights can he come and say brother my camel you ate it I want my camel is he allowed to and is it permitted for him it falls under this قاعدة the job here the answer to this the scholars they say it requires a look it requires a look فيه تفصيل it's not a yes and no answer like that they said that if it is if the harm or the necessity occurred for him to have him to kill the animal because of the animal himself for example he was walking and the camel was about to attack him or the camel fell on to him and he couldn't remove the camel from himself or the camel came to attack him and he had no other choice except to shoot the camel and kill the animal in that regard what is the ruling what is the ruling what is the ruling pertaining to that if that is the case and he did it from that then there is no demand on him he doesn't have to give anything back in return that necessity the person the owner cannot request he cannot request for anything no he can't say that he can't say أعطني قيمة جمل give me how much my camel is worth he can't say that لا يحق له it's not right for him to say that but if the person was hungry and was walking and the camel was minding his own business and so he walked towards the camel he put the camel down on the ground and he slaughtered the camel then that individual the شريع permitted for him and he's allowed to eat from it no doubt he's permitted to eat from it but he has to pay back the owner he has to give he has to give the owner and the علمات they say necessity does not nullify the rights of others don't think it in his general form that قعيدة doesn't mean in his general form but it's that example and anything like it it is another example would probably be like for example that if a person is on a he's on a A he's on a boat or on a ship and there are people's products and things that are on the ocean and the boat and he fears that he's going to a life of death was sinking it's مشكلة I have to get rid of something so he throws people's stuff out فهل يجيبوا أضمان أو لا يجيب is it obligatory on him or not the question the scholars they say is if the staff that the they fell on him whilst on the whilst on the ship they fell on to him and when they fell on to him he was scared that it's going to cause him harm so he deflected it and they fell into the ocean some of them then there's nothing on him there's nothing on him but if he threw them out if he threw them out because they were sinking then he has to pay he has to what? the harm isn't connected to them the harm isn't connected to the bags and the luggage the harm is connected to what? the harm is connected to the drowning whereas now the harm is connected to the bags that's causing him the death that's what's going to cause him انه لا يعني انه لا يستطيع ان يرغب المشاركين. يجب ان يكون لديهم محتوى يستطيع ان يرغب المشاركين. هل ترى المشاركين؟ لكن one is a dhamma and one they're not. Some they're a dhamma. A dhamma means he has to pay back for what he has done.