 تفوته آدك الأيام فتا و لماذا لا يستطيع أنه لا يستطيع أن يكون مجموعة لأن الشخص الذي ever done قياس هو الشيطان إبليس هو الشخص الذي يفعله آنالجي كيف؟ يقول أن إبليس قلت to الله خلقتني من نارين و خلقتهم من طين أنا خير من أبتد منه و أين فعلت آنالجي من أنه أفضل؟ أنه أخذت من خلقه ما يفعله هل أنت معي؟ شيخ محمد الأمين الشانقيطي أنه أخذت منه و أنه تفصير رحمه الله تعالى رحمة و سعاد نعم وهو متضمن للعادل و ما يعرف به العادل فقياس هو مباشرة على ما؟ هو مباشرة على عادل شيخ ريسام تيميس said a speech of his that we have to really look into and listen إن شاء الله تعالى القياس الصحيح حق فإن الله بعث رسوله because we know Allah sent his messenger محمد صلى الله عليه وسلم عادل لي with justice و أنزل الميزانة أن الله تعالى he sent down the scale مع الكتاب with the book are you with me و الميزان with the scale يتضمن العادل it consists of it justice fairness و ما يعرفه به العادل and that which justice is known for و قد فصروا إنزال ذلك بأن بأن ألهم العباد معرفة ذلك والله و رسوله يساوي بين المتماث ليني و يفرق بين المختلفيني وهذا هو القياس الصحيح the prophet صلى الله عليه وسلم الله تعالى that they bring every two things which have something in common and every two things which have something in common and every two things which have something they differ each other on something that they will take them separate وهذا هو القياس الصحيح and that is the قياس which is صحيح so based on that we will realize that sheikh عبد الرحمن ناسل السعيد the statement that he said before who did he take it from شيخ الاسلام ابنو تيميا رحمه الله تعالى and when we spoke about the life the biography of الشيخ عبد الناسل السعيد we mentioned that he was one who gave a lot of consideration to the works of ابنو تيميا and قيم الجوزية so the قياس it consists of justice it consists of what justice وما يعرف به العدل and that which justice is known for نعم والقياس إنما يعدر إليه وحده إذا فقد النص this is a qaida what I want you to all do إن شاء الله تعالى is from this point والقياس إنما يعدر إليه وحده إذا فقد النص from there to the ending when it's a qaida so just put a brackets إن شاء الله تعالى it's a qaida you have to memorize and learn which is what the qiaas is only turned towards a person goes towards the qiaas when does he go towards it he goes towards it when he can't find a text in this matter he can't find a a clear cut in this matter what does he result to he results to qiaas والقياس analogy إنما يعدلو we only go towards qiaas إليه وحده إذا فقد النص when a text is not found when we can't find a explicit text when we can't find an explicit text we will result to analogy so the qaida is still going on here فهو أصل يرجع إليه إذا تعدر غيره it's a asal which we go back to فهو أصل يرجع إليه إذا تعدر غيره the qitaab and the sunnah are the asal we only result to other than the qitaab and the sunnah when we don't have we don't have an explicit text when we don't have the qitaab and the sunnah explicitly mention in this matter as this matter may be a a matter that introduces itself now which hasn't been seen before qiaas is the way to explain it or to tackle it نعم فهو مؤيد للنص فجميع ما نص الشارع على حكمه فهو موافق فهو موافق فهو موافق فهو موافق للقياس لا مخالف لا مخالف له وهو مؤيد للنص قياس support aid مؤيد means aid are you with me so the word aid they took it from the language مؤيد aids للنص it gives it support to the text فجميع ما نص الشارع everything which the sharia the qitaab and the sunnah have mentioned على حكمه in its rolling you see فهو موافق when it's in agreement with the analogy doesn't oppose it قياس any evidence that you find in the qitaab and the sunnah analogy want to go against it and a correct analogy doesn't go against the qitaab and the sunnah they go hand in hand they support one another نعم so that fassal that we just took we learned the following we learned that the qiaas is built upon four pillars it is built upon these four pillars when these four pillars are correctly done then and only then is the qiaas صحيح it is أصح حكم فرع أصل علة تجمع بينهما very good the example that we gave for this is what the example that we gave for this is the hadith of the messenger و هو غضبان a judge should not judge between two if he's angry and we said that's the أصل and the فرع is what is ألخوف الشديد أم ألجوع الشديد the person is excessively hungry what is the إلة that they both have in common the إلة is that both of them the thought process of a person is tampered with the person can't think clear what is the حكم that this one had at the beginning which is what anger what was the ruling regarding that one it was حرمة تحريم نهي so we give this one to حر تحريم as well because why it has the same إلة with it the قياس and the قياس is correct the أصل is this one the فرع is this one the حكم in between them is this one and the إلة that we mentioned is this one the شيخ also told us in this point that the شارع the شارع that Allah the legislator he is wise and the شارع brings together everything that have something in common and anything that differ from one another it distinguishes between them نعب also the قياس which is صحيح it is the scaling in which Allah sat down in the Quran because Allah the Great mentioned that he sat in the Quran in the Quran Allah says اللذي أنزل الكتاب بالحق والميزانة Allah is the one who sat down in the Quran with حق and he sat down on the scale the scale is قياس the قياس is the scale in which Allah mentions in the ayah صورة الشورة ayah 17 so the قياس is والله ستنا the scale وهو متضمن للعد and the قياس which is صحيح consists of justice it consists of justice and he also told us قاعد which is very important that we learnt here which is that the قياس which is correct we only result to it we only result to it when we can't find an explicit text and we only result to it when we can't find an explicit text and that the قياس which is صحيح should not be thought we should not think it goes in opposition towards the what the text rather they go hand in hand in hand نعم here we are going to learn مستمبطة من الكتاب والسنة these principles these are now the sheikh the sheikh he is now going into what is known as قواعد الأصولية before he was talking about yeah sorry he now went into قواعد الفقية the sheikh now he is going into what قواعد فقية he is going into and this is شيخ عبد الرحمن ناصري سعدي his books are not only أصول الفق the sheikh brings قواعد الأصولية and قواعد الفقية okay so we have now studied we have now studied أصول الفق and now he is going to go to some قواعد أصولية قواعد فقية which we have already dealt with it in our book in his book that he authored الكتاب قواعد الفقية but insha'Allah will go over it again بإذن الله الكريم so the sheikh he is going to mention he is going to mention these قواعد and ضوابط فقية what is the difference between قواعد and ضوابط قواعد and ضوابط the difference between it is قاعدة is something that goes in every chapter قاعدة goes everywhere you can use it in every chapter whereas ضوابط it is specific to a particular chapter so the sheikh is going to mention knows what she said نعم where did the أصوليين where does the قواعد where is the إستمداد where is the قواعد فقية and the قواعد الأصولي where is it taken from it is taken from the كتاب and the sunnah and also the Arabic language it is also so it is rooted from the كتاب and the sunnah نعم فضل وأخذ الأصوليون من الكتاب والسنة أصولا كثيرة بانو عليها أحكاما أحكاما كثيرة جدا أحكاما كثيرة جدا ونفعوا ونتفعوا بها الأصوليون الأصوليون are who the scholars who deal with this أصول الفق they took from the كتاب and the sunnah they took أصول they took what أصول and we mention what the word أصول means right when we mention أصول الفق we mention what أصول means they took from it what they took from it from the كتاب كثيرة a lot بانو عليها they built upon those أصول أحكاما and rulings كثيرة a lot جدا excessively ونفعوا ونفعوا ونتفعوا بها they benefited others and they benefited for themselves ونتفعوا they benefited others ونتفعوا بها and they also benefited from it so we're going to the first one the first one which is فمنها اليقين لا يزول بالشك ودخلوا فيه من العبادة أدخلوا أدخلوا فيه من العبادة فالمعاملاتي فالمعاملاتي فالمعاملاتي والحقوق شيئا كثيرة فمن حصل له الشبك وفي شيئ منها رجع إلى الأصدل الم إلى الأصدل متيقن متيقن متيقن الشيخ now he said the first one is اليقين ستنتي لا يزولوا it is not removed بشك without so the first one he mentions is اليقين ستنتي لا يزولوا it is not removed بشك without in other wordings they sometimes say اليقين ستنتي لا يزالوا it is not removed it is also said بالشك this قاعدة which is اليقين ستنتي an example for it is if a person is upon طهارة I am sure I have certainty that I am upon طهارة I have my وضوء I have my ablution I have done my وضوء I am sure because I prayed فجر with طهارة but then ضهر comes in and I become what هل زالة did it remove from me my purity or am I باقي am I still remaining upon my طهارة I am doubtful at this point we say الأصل the asal is what the asal is what you are متوضض that you were upon or the certainty is that what you were you were upon طهارة and we won't remove or we won't leave that certainty for the doubt of whether you broke it so we'll stick to it what's the evidence for this قاعدة the evidence for it is the Hadith in صحيح البخاري and the Muslim that the messenger صلى الله عليه وسلم he said لا ينصرف لا ينصرف he should not leave one of you the Salah حتى يسمع صوتر أو يجد ريحا unless he unless he hears a sound or he smells a fragrance if he smells it or he would you call it here's a noise then this is certainty he leaves the prayer but if he's a person who's شك don't base anything on the شك if a man who's married to his wife a man's married to his wife and then he thinks to himself لو شك رجل a man has a doubt هل طلق زوجاته did I divorce my wife ام لا or did I not we will say to him لم تطلق you haven't divorced your wife ولكة and it's permissible for you to have intimacy and a relationship with your wife based on what we're basing upon what is to have we're going back to the original the certainty which was what you were married to this woman ولكة took place and people were there when you married your wife your marriage remains here and we'll stick to that so the بقاء we remain على الحكم بقاء الحكم على لقين we're going to base this upon the certainty and here brothers if you've heard me I've just said the word اصتصحاب and I think we've taken the word اصتصحاب we did take the word we took اصتصحاب اصتصحاب means بقاء مكان على مكان it means if a person owns a house okay and you claim you claim that you bought this house from him who is the owner of the house the one who is living in it the one who everybody knows that he had the house the one who wants to take the house he has to go bring بينا evidence that this house was sold to him these are called اصتصحاب the certainty which is the اصان we're going to stick to that we're going to leave off what is what is doubtful what is we're not sure of so because we said اصتصحاب and this قاعدة it deals with اصتصحاب it's obligatory on me to explain to you guys the matters pertaining to اصال when we want to bring a matter back to the اصال I have to explain to you that the اصال the اصال of a مسألة to say this we're going to go back to اصال is of four types the first one اصال it matters a text has been found in affirming this we have a text in which that text says to us the permissibility and it states that you're allowed to do this like for example are you allowed to eat a rabbit yes you're allowed to eat a rabbit based on حديث صحيح البقاري المسلم نعم this shows me what that the eating of the ارنب I don't need to go to اصال or anything I don't need to resort to that my evidence here is clearly stated I have a نص a text that clearly stated this one so I will say to you اخي the ارنب is permissible if you ask me where's your evidence I will say to you my evidence is حديث صحيح البقاري المسلم the second time the second time is اي ماتا which تحريم حرام came regarding this matter كليكة حرام are you with me for example الله تبارك وتعالى He prohibited us from eating the meat of the سوين we're not allowed to eat the pigs we're not allowed to eat a pig because الله تبارك وتعالى He said انما حرم عليكم الميتة والدمة والحمل خنزيري الله تبارك وتعالى from us the eating of the the pig meat so we're not allowed to have it so this مسألة in this matter we don't say the answer is that it was permissible why? what's the reason? because we will say قد ورد it has come to us a دليل which prohibits us حكم المنع a حكم which is prohibition that prevents us from going to the صحاب here the third type is which one? a مسألة it being مباح it has a text for it the شريعة clearly it showed that it's مباح at this point the third one was what? a permissibility of a مباح was found and also an evidence of prohibition was found both of them at the same time a text that says it's مباح and a text that says it's حرام both of them are present so we have دليل وإباح and we have دليل واتحريب both of them which one do we give presidents here? نقدم فيه دليل واتحريب we will give presidents to which one the evidence that makes it حرام why? نعمل فيه we implement here we الحت out to be on the safer side because of the قواع والترجيح and of course بل مشير إن الحلال بيين وإن الحرام بيين وبينهما أمور مشتبهات so the process that we said فمن اتقى الشبهات فقد استبرأ لدين وعرضي وما وقع في الشبهات وقع في الحرام كراء يرأع حول الحما يوشكوا يرتع فيه so you stay away from it دعما يريبك إلى ما لا يريبك and the evidence like that the fourth one is اي ماتها there is no evidence that says it's permissible there is no evidence that says it's حرام there is no evidence that says there's nothing شارع is quiet about it this one this one we will say based upon if it's معاملة if it's transaction if it's eat if it's food to eat if it's clothing to wear and it's not a matter related to what عبادة it's not a it's not a matter of عبادة then here we say العسل the عسل is that it is what the عسل is that it's permissible and that we are allowed to what we're allowed to eat this animal we're also allowed what we're allowed to eat this animal we're allowed to wear these clothes the عسل is are you with me the عسل is that it's permissible food is permissible they're eating the عسل also even water the عسل that is pure all of that we take it back to the all of that we take it back to the the عسل of the شريعة and the شيخ الغلبين that is pertain to this