 تشرف بالاشتغالي بالعلم ولا تبغي به ما عشت يا دادا دالا وياله من شراف عظيمي one of this ka'ida's application is the application of this ka'ida is that to show that the religion is based upon is is that the wajib, the things that are obligatory that we have to come with is connected to ability and the wajib that the wajib is connected to your ability as Allah SWT has made in the religion for us and that's why the author says وليس واجب بلقت داري this is, the sheikh is trying to show you the application of this ka'ida that the religion is is that there is no such thing as something called wajib when there is no ability وليس واجب when there is no wajib when you are anymore بلقت داري if you don't have the ability so the wajib is connected to your ability and then the author gives you another example of the ease of this religion ولا محر مم عضراري and there is no haram when there is a necessity for it when there is a when there is a necessity for it what is a necessity and this is what the scholars they call that the necessity permits for you that which is haram you are no longer going to sin if you do this haram because it was out of necessity but the definition of necessity is misunderstood ضرورة is ما يلحق العبدة ضرار بتركه it is anything if you leave it harm will afflict you ولا يقوم غيره مقامه and there is nothing else that can stand in its place you have no other alternative then the author speaks about a very powerful issue which is even though the necessity because of the necessity you are now allowed to do something haram it is not unrestricted amount of haram which you can do the shaykh is the shaykh and he is the shaykh and he is the shaykh and he is the shaykh and he is the shaykh and he is the shaykh the shaykh says وكل محظور مع ضرورة every impermissible thing you are doing which has been permitted for you due to necessity is connected to what بقدر ما تحتاجه ضرورة it is all in accordance to the necessity it is all in accordance to the necessity so the abded slave it is not permissible for him or her to go overboard in the need and you are not allowed to do more than that which is needed so if you do take more than the necessity it becomes haram what becomes haram is the added additional amount that you are adding to it becomes haram so for example a person believes that he is going to die if he doesn't eat this if he doesn't eat food and so he eats a food that is haram he is only allowed to eat an amount that will allow him to live if he then takes some in his backpack and he comes to a city and he still carries on eating it and he keeps eating the haram after he has become full this is haram وكل محظور مع ضرورة بقدر ما تحتاجه ضرورة it is in accordance to the necessity نعم و نفسي و الأموال للمعسومي تحليمها حتى يجي الحلو ففم هداة الله و ما يمدل و لصف عاداتنا الهباحة حتى يجي يصارفوا الهباحة عيسة مشوعن من الأمر و غير الذي فشرهنا مفقور the author رحمه الله he talks about aqaida known as ألياقين لا يزولوا بالشك which is basically certainty cannot be removed without and it cannot be repelled with doubt doubt is something that falls onto a person it's something that comes to you and it comes to a certainty that was already in place أن الشكة الطارق على يقين المستحكم a certainty that was in place a doubt that occurs to that certainty falls onto that certainty it cannot remove it you're going to stick and hold onto your certainty and you're not allowed to adhere and listen to what you're not allowed to adhere to to that doubt that has come to you and according to the jurist of fukaha this is only specific to this qa'id is only specific to things which are which is talabi and it is not connected to which is talabi so if it goes back to matters which are pertaining to aqida and stuff like that like believing and disbelieving then this qa'id can't be used if a person says I have doubt about Allah سبحانه وتعالى this is a problem this qa'id is not used anymore this qa'id is only specific to what if a person says I doubt the Quran's preservation شك has come to me regarding it the scholars they say because Allah سبحانه وتعالى he says except those who what إنما المؤمنون الذين what did he say الذين لم يرتابوا in صورة الحجرات the last page and those who don't have لم يرتابوا they didn't have doubts with them certainty ورداركة the scholars at the ending of the books of fiq they've placed كتاب الردى the book of apostasy كتاب الحدود and if you look at the definition that they put towards a murtad what did they say هو المسلم الذي انتقض دينه it's a person who's religion it becomes it goes because of a speech or an action or a belief or even a doubt so they made the doubt of certainty إن أحكام الشمعية الخبارية to be apostasy and it is books of عقيد and توحيد if you have doubts it affects your belief now so if a person has doubt in for example the belief of the angels other than that this doubt will remove your certainty بخلاف لكن إلا تعلق بالطلبيات rather if it's connected to أحكام الطهارة the doubt that comes here and the doubt that occurs here right now it doesn't affect it فتنبه يا إخوة be alert of this point this is a very important point what comes under this قاعدة which is which is so what is better when this قاعدة is spoken about is to say the following that you add to it في باب الطلبيات because many people just say and they leave it like that and so somebody is going to come and think it's what in باب الخباريات as well so the author now which is شكي في باب الطلبيات he brings so much under it and he brings what's known as الأصل which is the certainty so he's bringing examples for it and the أصل here brothers what is it meant the consistent and the continuous principle التي لا تترك إلا لدليل ينقل عنها and it will be not left unless a person comes with the evidence that removes it and the author mentions 9 of those 9 that we stick with which is قاعدة مستمرة the first one is أن الأصل في مياهين الطهارة that the water the asal for it is what purity and the fact that the author says مياهين أعوى water don't understand from it that this is the mirror it's not intended to specify a general it doesn't mean that it's only the water of the muslims that's in the muslim landlord it's the water that's specific to no it means water that is on this earth the water of ours in this earth it means the second he mentions the second chapter is الأصل في الأرض الطهارة the original essence of the water on this earth is what sorry the asal of this earth is that it's pure this earth is pure the earth is pure the third one is the asal of the clothing is that it's pure it's pure number four الأصل في الحجار الطهارة that the asal of the stones and the rocks is that it's pure and the fifth which he mentions is الأصل في الأبضاع التحريم that the asal of أبضاع is used for two things one is marriage and when it's a marriage you don't say أبضاع you place a cassara on the on the hamsa you say if it's أبضاع then it's عقد النكاء it's a marriage that's not what the author is talking about here are you with me brothers because the asal is that I can marry any woman I want unless the woman that the sharia tells me I can't marry I can't marry my mom because the sharia I said I can't marry my mom I can't marry my sister because the sharia I told me I can't marry her so the contract of marriage is what is the contract of marriage is that it's permissible until the sharia proves that the marriage of this person is not permissible but what here he means is أبضاع which means الفروج private parts that the asal is that women's private parts are haram from you unless that which the sharia permitted for you so a man can't just go and commit zina with a woman and say it's permissible you prove to me how haram this is to me the asal is that it's not allowed so for example what's the asal if we catch a man with a woman the asal is you're not why are you sleeping why are you in this room he has to go and prove that he's married to her the asal is that he was haram from her are you with me brothers are you with me brothers we see a brother hold we know we see a brother he's holding a woman's hand the asal is that he's not allowed to hold this woman's hand he has to now prove that he's married to this woman if a hakim grabs him the leader of the country and says stop what are you doing stand here why are you holding her hand and he says I'm married to her prove it because the is now prove that he's married to this woman are you with me that that's the difference between the two and this is there's a discussion between the scholars what's the asal of marriage is it is are you with me brothers the sixth chapter that the author speaks about is the asal of that of is that it's haram what he means by this is it is anything that is not except with a slaughtering that's what he means this is haram unless it's slaughtered because Allah says in the Quran every animal that is dead it's asal is for it is what every meat that you see that the animal is dead for it it's haram until you can say look we're allowed to eat it in the sharia permitted for us to eat this meat even though it died like the animals that are in the sea if they're dead we can eat them the author doesn't mean that it's any meat that we come across and the author is walking he doesn't mean by this that it's haram because the asal for that is the al here is not that the author here is using he's referring to the animals that are only permitted the asal is that the animals permitted to slaughter and the asal is that it's haram if it's not slaughtered are you with me brothers so if me and you are walking and we see a dead animal and I say to you this is from the animals we're allowed to eat even though it hasn't been slaughtered I have to be evident for that but he doesn't mean that all the types of animals because that's asal is halal as Allah says in the Quran the ninth chapter that the author mentions is no essence of people the blood is that it's haram for you to spill a blood you're not allowed to that the sharia has given this person a right for them not to be touched you're not allowed to kill a kafir which is given a covenant and an oath to you're not allowed to kill a Muslim you're not allowed to kill a disbeliever in which you have brought them into a Muslim land you can't trick them you can't just go into embassies and just bomb embassies and stuff these people are brought here with a man safety then eighth is the asal of the aadat is what the customs and the norms of the people the asal is that it's permissible aadat is it's a term used which the people have become solidified upon and they've been doing for time to time and they've been passing all over to each other the asal is that it's permissible for them to do this you have now to prove that this is haram for them to do are you with me brothers the people have the norms of doing something it's their norms it's their aadat they do this you can't come and say look you're not allowed to do this it's haram you're going to have to bring evidence for that because the asal is that the aadat is it's permissible unless there comes and that's what the qa'idah the scholars say and the word عرف is better to use than the word عادة the reason is because for two reasons number one خطاب الشرع جاء باسمه ولم يأتي باسمه العادة that the shari'a use the word عرف it didn't use the word عادة الله says خذ العفوة وأمر بالعرفة the second is the عادة it encompasses evil things and bad things whereas عرف only is things that are good that's why the word معروف comes from good then the author says that the عرف is مباح that the عرف is مباح so no one can take you out of the عرف unless he comes with a صارف صارف means something that turns it from the عباح and that makes it haram he has to bring that صارف for you the ninth chapter that the author speaks about which is the asal in عبادات which is when he says غير الذي في شرعنا غير الذي في شرعنا مذكور which is the issue of عبادات the asal is التوقيف to hold back you are not allowed to do it unless you have evidence for it so in other words the asal for عبادات it is that it is not permissible to do it unless there is evidence for it and the واثر حيمه الله in his own which he has is والأصول الجامعة والتقاسيم البديعة النافعة he uses another term which is العبادات الحظر so they use two terms here he mentioned one term and the other time in the other book he used another term here he said it is التوقف don't move and the other place he used حظر حرام and the difference between the two is the first one is باعتبار ورود العبادة في خطاب الشرع the first one is باعتبار ورود العبادة في خطاب الشرع it is the transmission of the عبادة from that angle no عبادة can be done unless the addressing comes from the شريعة unless it addresses us with it we are not allowed to do it but the other angle he is looking at it what in terms of its ruling he is looking at it in terms of what in terms of its ruling نعم وحقوم يابر ربه الزوائد the author he mentions here two قاعدة to extra قواعد which is الوسائل أحكام المقاصد which is one that the means takes a ruling of the objective and the second one is الزوائد لها أحكام المقاصد and the زوائد is the things that are added onto the action the things that a person does adding onto the action it also takes the أحكام المقاصد so three things you have to know from this قاعدة that the author is teaching us in this قاعدة three things you need to know first of all what is meant by مقاصد مقاصد is الغايات المرادة في الأمر والنهي it is the intention and the objectives of this command and this prohibition what is the objective of this command and what is the objective of this prohibition the second thing you need to know is الوسائل means وسائل is الزرائع المصلة إلى المقاصد it is the thing that makes you reach to the objective it is the bridge that connects you to the other side الزوائد is الأمور التي تجري تتميما للفعلي تتميما للفعلي it is anything that is to complete the action so the وسيلة it takes the ruling of what the objectives if the objective is the the وسيلة becomes the if the objective is a prohibition then the وسيلة becomes prohibited if the objective is there is a reward connected to it the means is also connected to it if a punishment is connected to the مقاصد then the means is also connected to it مثلا صلاة is a مقصد من مقاصد الشريعة صلاة is an objective that the شريعة wants and the means to the صلاة is what walking in the mosque praying the صلاة in the mosque is commanded when you can hear the Adan so walking to the the mosque now becomes what commanded because it is the means to do the action of going to the the mosque and the person becomes rewarded for this means and he will be punished in a means that is impermissible if he does the same way الزوائد is what الزوائد is like leaving the masjid now coming to the masjid is the وسيلة الزوائد is like when the person now finishes the prayer leaving and going back to his house this is الزوائد now he's also going to get rewarded for it we say going home you're going to get rewarded for it as well this is nothing he's already done the عبادة now he's come with the عبادة he's going to get rewarded for it الزوائد الزوائد that are prohibited are three types the first one is الزوائد that completes off الزوائد متممة للمحرم من جنسه it is completing something haram of his essence then he takes his ruling then the second one is a الزوائد to get rid of a haram