 تبطه آدك الأيام فتا شعب الهما النصر ناو رحمه الله يتحدث عن الثالث لين فإن تزاحم عدد المصالحي يقدم الأعلى من المصالحين هذا قاعدة is تزاحم المصالح تزاحم المصالح means that the good and the benefits now it is coming into contradiction with another مصالحة so you have two goods which you're going to have to do one of them and there's no way to leave any one of them because you don't want to go to a مفسده you have two goods that are in front of you الشيخ يساين فإن تزاحم عدد المصالحي if that happens they are in تزاحم يقدم الأعلى من المصالحي you're going to then give presidents to which one the مصلحة which is high the مصلحة that is greater is the one that's taken and this إن شاء الله تعالى this point a lot of people are heedless about it so they become misguided of it and they misguide others because of it so it's important that this point is قاعدة a person has to solidify on this issue and he has good understanding of it and that he understands how to weigh between two goods that are running besides one another that you're going to have to take one of them anyways you have to choose which of the two is higher and the author رحمه الله he mentions this and this he mentions is a قاعدة مقررة بعدد من الآيات والأحديث many verses and a hadith actually affirm this قاعدة from them is آية 55 الله سبحانه وتعالى واتبعوا أحسنة ما أنزل إليكم من ربكم الله says follow the best of what ما أنزل إليكم من ربكم that which has been sent to you from your Lord so Allah uses the one أحسنة the best because the Quran all of it is good so within the Quran there is things that may be higher than others also سورة الزمر الله تبارك وتعالى he said فبشر عباد give gratinus to my servants الذين the ones يستمعون القولة they hear the speech فيتبعون and they follow أحسنة the good of it أولئك الذين هدهم الله وأولئكهم هقولوا الألباب they are فيتبعون and they follow أحسنة follow the best of it أحسنة سغة التفضيل it is the best of it so the word that keep coming in the first verse that I mentioned واتبعوا أحسنة ما أنزل إليكم من ربكم and this ayah فبشر عباد الذين يستمعون القولة فيتبعون فيتبعون أحسنة أولئك الذين هدهم الله وأولئكهم أولوا الألباب shows you this what أحسن so if تزاحموا المصالح تزاحموا المصالح are running besides one another their person needs to take the best of those and there is also another chapter which تفقها and the صوليين they talk about which is known as سد الضرائع which is known as what سد الضرائع سد الضرائع this قاعدة this principle that we mentioned in today which is تزاحموا المصالح it falls on the صد الضرائع you find it in that chapter and you find that the scholars they talk about الترجيع في كتوبهم الأصولية the books of صول they look at how to mention which of the two مصالع is higher how to know how to identify this مصالح has been higher than this مصالحة فيما هو الأعلى من المصالح وما هو الأقل والأدنة and which of them is the lower of the two مصالحة for example if you look at the actions that are done we find that the actions are of types the actions that occur from the creation and the children of Adam you find that the actions are of types there are actions يتعدى نفره إلى الغير its benefits it transmits to what to others it moves to others actions in which it's good it's not exclusive to you but others also fall under it and you also find others which are exclusive to you that's the second type of actions which is what actions which are exclusive to you and they don't go and move on to others now that we've looked at the action in those two types which are actions that are يتعدى نفره إلى الغير and actions which are so the first action is called افعال which are متعدية and the second one is called افعال which are قاصرة actions which are exclusive to you alone like no one alone else comes into it this one which is the قاصر and the other one which is متعدة when you come to if there's two مصالحة that's exclusive to you and a مصالحة the others have to share with you which is a مصالحة others come into it the علماء لا شك they say الفعل المتعدي نفعه إلى الغير اولى من الفعل القاصر so that قاعدة is how you do the ترجيح that the actions that involves others the others are going to come into it with you is better than what it is better than the action which is exclusive to you it is better than the action than the action that is exclusive to you and an example will be for that a person who إن شاء الله we bring examples later إن شاء الله each one we bring it don't worry or even if we do give an example the example will be a person who stands up and he prays قيام الليل and he prays voluntary prayers and another person he spends the whole night teaching he stands up and he's teaching educating the people calling them to the religion of Allah here because تزاحم المصالح that the two masalahas the two masalahas قيام الليل is a masalah and teaching and educating the people is a masalah now that those two masalahas تزاحم take place and you're not able to do both of them we'll say to you إن شاء الله that the فعل المتعدي the actions that is not exclusive to you which is that when you teach to others that is better to do it لذلك that's why إمام محمد when he was asked إيمان يصلي ويصوم a man he fast he prays is he better in your eyes or the one who stands up and refutes the innovators which one is better for you إيمان محمد said the one who fast and the one who prays his good is exclusive to him like it's a benefit that is exclusive to him as for the one who stands up and refutes the innovators his نفع is what it's نفع متعدي it's a أما خير أما فيعد which is متعدي it moves on from him to others and because and I said this at the beginning this is a باب يارفوا لعنه الكثير من الناس a lot of people are heedless of it and they think that فلان is good why because he's always praying and he's fasting and he's doing and the one who stands up and warns against innovators the one who stands up who educates and teaches the people is seen as what he is seen as a individual who who is a lot of good and that is ignorance of the مصالح now so that's how we realize and also the other one is that the other second way to do ترجيح to give which of the two المصالح that are running besides one another which of these two shall I give presidents to for example you have an action which is obligatory this action is what واجب and this action is what مستحب is recommended it's مستحب مصنون it's a sunnah which one gets presidents الفعل الواجب أولى من الفعل المستحب المصنون the قاعدة is what الفعل an action which is واجب it is obligatory it is mandatory takes presidents over what the action which is recommended or in other wordings الفرضة أفضل من النفلي now the voluntary is the obligatory is better than the voluntary or in other words some scholars what do they say لا يتركوا الواجب an obligatory act is not left إلا الواجب مثل another واجب comes you don't leave a wajib except for another wajib تسقاعدة and this inshallah is an issue which we see وللأسف الشديد some people who would come in what who would come to the masjid صلاة الفجر and he hasn't prayed the two rak'a'a before Fajr the two rak'a'a before Fajr which the prophet صلى الله عليه وسلم said ركعاتين قبل الفجر خير من الدنيا وما فيها او كما قال صلى الله عليه وسلم two voluntary prayers two units of prayers they are two units of prayers the prophet صلى الله عليه وسلم said to us it is better than this dunya and everything that is in it a person comes to the masjid and he comes late to the masjid meaning he comes and the imam and the people are praying and they in the salah so when he comes to the masjid he finds that the people are already praying so he comes and he prays the two units the two sunnah and then he catches up with the salah this is incorrect this is incorrect and that goes against what this qa'aida also the evidence for this qa'aida is that which has Imam Al-Bukhari رحمه الله narrated that the masjid صلى الله عليه وسلم عليه وسلم he said وما تقرب إليه عبدي بشيء أحب إليه من ما فترته عليه حديث القتسئ حديث القتسئ that Allah Maharaja عليه says وما تقرب إليه عبد my servant does not come close to me in a matter which is more beloved to me than that which I have made obligatory on him meaning Allah is saying the thing that I love the most is that my servant to get close to me is to come with the obligatory act so that's what Allah loves the most نعم أيضاً يجب أن تفعل ترجح بين المصالحي لتحويل بين ايضاً مصلاحات التي يتحرك بأي مصلاحة هو أن المصلاحة الخاصة المصلاحة المصلاحة تأخذ مصلاحة أكثر على المصلاحة العامة than the general مصلاحة في محل الخصوص في مصلاحة المصلاحة ويعمل بالمصلاحة العامة في معادة ومصلاحة العامة تأخذ مصلاحة أكثر هذا كان مصلاحة هذا مصلاحة المصلاحة ويجب أن يجب أن تفعل وإن شاء الله يتعالى أن هذه المصلاحة تأخذ مصلاحة مثل نعلم أن القرآن هو أفضل with ذكر القرآن هو القرآن هو أفضل من ذكر يذكرون سبالله لكن نجد هناك مصلاحة عند هذه المصلاحة تأخذ القرآن تأخذ القرآن تأخذ مصلاحة أكثر than any form of ذكر that a person can do the Quran takes presidents over it but there are times when no the ذكر takes presidents over it مثل what for example اذكار الصلاوات that are done in the Salah that are done after the Salah the أذكار which are done in the صباح the أذكار that are done in the مساء these takes presidents over the Quran these takes presidents over the Quran but when these places are not taking place or you're not in the Salah and you're outside the Salah then the general one which is the Salah takes presidents over it so for example right now this minute since we're not in the Salah right now to read the Quran or to do ذكر which is better I'll check the reading of the Quran it takes presidents over it that's why I said إن المصلاحة الخاصة مقدمة على المصلاحة العامة في محل الخصوص oh the qaida said this sorry the qaida said this also one of the ways to distinguish or to do ترجيح بين المصالح is what there's two misalhahs right beside one another is إن الفضيلة المتعليقة بنفس العبادة أولى من الفضيلة المتعليقة بضر فيها that the virtue that is connected to the act itself takes presidents over the virtue that is connected to either the place or the time بضر فيها means what بضر فيه زماني أو المكان understand this the virtue that's connected to the عبادة takes presidents over the virtue that's connected to the place or the time it'll become clear this way إن شاء الله تعالى which is رملو رملو means it is it's not jogging but it's it's walking a bit faster it's a form of jogging to jog in your طواف القدوم the طواف القدوم when you come to the كعبادة there are two types of طواف طواف الإفابة and طواف القدوم to do when you do in the طواف to jog in the it is مستحب and this إستحباب is connected to what it is connected to the عبادة isn't this a virtue that's connected to the عبادة that you can gain yes it is متعليقة it is connected to what it is connected to بداة العبادة it is connected to the عبادة and what is the عبادة that is connected to it's connected to the طواف itself also والقرب من البيتي getting close to the كعبادة are you with me it's also مستحب it's also what مستحب but what is it connected to متعليقة بالمكاني it's connected to the place so now if what about I can't jog if I get close to the كعبادة because it becomes crowded I'm unable to jog when I go close to the كعبادة which of the two do I give presidents to I give presidents to the one that's connected to they're not the one that's connected to the place good also the ways that the the scholars they give presidents over some مصالح over others is one of them مصلاحة has multitude of benefits in it whereas the other one just has a couple of benefits in it the benefits that are present in this one the quantity is little and the benefits in this when you look at it it has more benefits in it you give the one that has more benefits in it than the one that has less benefits in it when you look at the عدد and there are in it if that which I mentioned إن شاء الله تعالى as all become clear to you all then this قاعدة of the شيخ رحمه الله تعالى this قاعدة of the أوثر رحمه الله تعالى is فإن تزاحم عدد المصالحي يقدم you give presidents الأعلى من المصالحي and that was just one or two examples or a couple of examples of how to do ترجح but they are what they are more than they are more than that another point that I have to also elaborate on which is from the مسالح are those which are ضرورة it's necessity so if we don't do this مسلحة it may result to the the ending of a person's life or losing the happiness of the hereafter something might happen such as the مسلحة الدين مسلحة النفس the مسلحة of the religion the مسلحة of the person's soul فهذه مقدمة على المصالحي الحاجية this one takes presidents over the مسلحة so the مسلحة برورية and the مسلحة الحاجية مسلحة which is necessity and the مسلحة which is I need it but it's not a necessity you just need it نعم مسلحة الحاجية means الذي إذا قدر فقدوه أدى ذلك إلى ضيق والحرج the مسلحة برورية means if it goes a life would either go or a person will lose their religion or مسلحة الحاجية means what that if the person doesn't gain this مسلحة what will happen is what will happen is the person will just leave a bit of burden a little hardship will come through to them but they will still live and that is important that the person realizes this and the matter is pertaining to ضرورة and حاجية we will come to it now إن شاء الله تعالى also the مسالح there are those who we can say they are مسلحة we can say this is a مسلحة because the شريعة قدلت عليه has indicated this that this is a مسلحة and from the مسالح are those which are what ما هو ضنيون those which are assumptions is based upon striving it's based upon assuming that it's a مسلحة and which one takes precedence المسلحة القطعية مقدمة على ضنية the one which it's a مسلحة is known it takes precedence over the one that's a مسلحة is what it's based on assumptions speculation نعم also you have to realize as a side benefit إن شاء الله تعالى which is the قطع that which is قطع على مرتبة واحدة it's not of one level and also the assumption is not also of one level وليس ضنوا على مرتبة واحدة the assumption is not also based on all on what all on one level rather it is of different levels على مراتب متعددة وتختلف هذه المراتب and these levels differ so within the ضني within the ضني then the weaker it is also the مراتب which are قطع that are known out of necessity are not of levels نعم the author then goes on to say وضده تزاحم المفاصد يرتكب الأدنام المفاصد This قاعدة is the opposite to the previous mention قاعدة which is تزاحم المفاصد يتمكن أي شخص يستطيع تزاحم يجب أن تفعل one of these مفصد من ترك المفصد معا يستطيع أن تفعل one مفصد whether it's the higher one or the lower one يجب أن تفعل مفصد at this point but remember you have to realize this قاعدة only applies when بالشارط it's a condition the person يترك اهداهم بالشارط التكاب الأخرى that if the person will not be able to leave one except he's going to fall into the other but if a person has to wait between مصرحة المفصد then this قاعدة is not talking about it the قاعدة is talking about there's two مفصد you're going to have to fall into one of them anyways there's no way out of it at this point what do you do at this point you're going to fall and you'll do the last of the two harms so you can push away the greater harm and this قاعدة لها أدلة في الشريعة this قاعدة has evidence in the شريعة for it is من أدلة from it is قوله جل وعلى الله statement فمن الضر غير باغن ولا عاد who does not exceed his limits in this regard فلا إثم عليه there is no harm on him so a person is in a state of necessity he is burdened into a matter الله says as long as he doesn't transgress his limits like you need it you're not allowed to go overboard you stick to what's your need you stick to what is your need here we have to realize تعارضة تعارضة مفسادة تانيم two harm have presented itself to you نعم and the I mentioned them one مفسادة is what telephone nefs your nefs is going to go that's one مفسادة in the I which is if you don't eat you're going to die and the second one is there's a مفسادة which is أكل الميت eating the dead animal that's what the I is talking about so in the middle of the desert you're either going to die or there's a what did he do فروعة فروعة الأشد تجتلب المفسادة الأشد ولو كان في ذلك ارتكاب المفسادة الأقل the person will remove and get rid of the greater of the two مفسادة which is not to die he has to get away from that even if that means and it results to what that he eats the animal which is dead and that's the harm itself and as we've taken before before the 13th قاعدة that we took that the مفسد there is what ما هو محرم there are those which is haram وما هو مكروه and those which are this light and from them are from the haram are those which are كبائر and from the haram there are those which are صغائر so when they become we have to choose between two harams or two مفسادة what do we take فنجتلب الصغيرة ولو فعلنا المكروه we will leave the minor sin and we will fall into the مكروه the dislight ونجتلب الكبيرة we stay away from the major ولو كان في ذلك فعلوا الصغيرة even if that means or entails that we will fall into the minor of the sins this is when إذا لم يمكن ترك الجميع as long as the person is unable to leave all if he is able to leave all of the مفسدة then this قاعدة is not talking about that also the مفسدة are divided into two types من المفسد ما يتعلق بالغير there are مفسد which it involves others ومنها ما هو قاصر على النفس and there are those who are specific to you نعم the مفسد that is attached to you and also others is for example if a person this involves others it's not you alone it's you and another person or other people for example a person has to eat a dead animal he has to eat he's got food here he's got food which is حلال good and he has a dead animal and he has a dead animal you see and there are two of them there are two of them if he takes the حلال food then the other person is going to fall into eating that حرام so he has to take the lesser he has to take the what he has to take the lesser of the two مفسد which is here right now which is the مفسد the harm that you're going to involve others into you take the مفسد which is less especially if the other person is going to have a harm from the animal with the chicken to eat it's going to cause them it's going to call their illnesses harm you take the dead animal and you eat that and you give the person the animal which will not harm them the other person is going to be suffering from the animal they eat now whereas you want well you want so I said two people walk in the desert and there's a dead animal and there's food which is not dead this person if they eat this food which is the حرام one that it will cause their life to go whereas if you eat it it won't cause you it so you give them the حلال food and you tell them to eat it and you eat the حرام because it won't cause you any harm it won't cause you any harm so this مفسد is what you're taking the مفسد to a مفسد which is the مفسد which is متعليقة بالغيري and that which is connected to you نعم also there are many other other examples of how the مفسد are give ترجح and how it's chosen over one another this قاعدة that the sheikh mentions other قواعد will fall under it such as الضرر لا يزال بالضرري اما درق المفسدتي مقدم على جلب المصالح which is an evil الضرر لا يزال بالضرر that a harm is not rebelled by another harm or the famous one that أصوليين say and it's the most common one is درق المفسد rebelling a harm takes presidents over bringing good درق المفسد rebelling harm takes presidents over bringing good so some people they think they look at the good that they're going to bring but they don't look at the fact that they're going to have to take out they're going to have to do a haram in order to bring the good the sheikh wants you to get rid of the haram first before you bring a good so even if you don't bring a good it doesn't matter as long as you don't do no-mufasid نعم this قاعدة which is درق المفسد مقدم على جلب المصالح how do they get it where does it root from first of all it falls under this قاعدة that we're mentioning but they say that the sharia once it's observed the kitab and the sunnah once it's been looked at it has been known that it has been known that the prohibitions that are in the Quran and the sunnah are more great and they are more in number than the commands that you find in the Quran the منهيات the prohibitions are more concerned by the sharia than there are in terms of the commands the sharia gives more consideration it gives more thoughts to the prohibitions than it does towards the commands and the evidence that they used was the hadith narrated by Bukhari and Muslim in the wording of Imam Muslim that the Masjid anything which I have prohibited you from stay away from it وما أمرتكم and anything which I have ordered you فأتوا come with it مستطعتم that which you're able to come from it to come to it come to it with come with that which you're able to come from to it come to it with but the prohibition استطاع wasn't conditioned to it it was a what اتركوا بالكلية leave it in general now it's no buts but when it came to doing things the Prophet ﷺ would he do علق بالاستطاع he conditioned it he connected it to ability and many examples like that for example the hadith that we've took in بلوغ المرام بلوغ المرام and the hadith is the hadith of Laqit Ibn Sabra رضي الله تعالى عنهم رضي الله تعالى عنهم that the Masr ﷺ said وَبَارِغُوا فِالِسْتِنْ شَاقِيْ إِلَّا أنْتَكُونَ صَائِمَا go far in the istin shaq taking the water into your nose sniffing water into your nose the Prophet ﷺ said go far as you can إِلَّا أنْتَكُونَ الصَّائِمَا as long as you're what as long as you're not as long as you're not fasting so the command here the command here isn't just unrestricted the command is always conditioned and it's attached to something and they said that here the reason why the Prophet ﷺ said don't take it to your nose fully when you're fasting is because it causes an effect towards your fasting وَهُنَا مَسْلَحَةُ بِالِسْتِنْ شَاقِيْ فَدُرِّئَةِ المَفْسَدَةِ هُنَا they said there's a Maslaha which is the istin shaq the istin shaq is a Maslaha yes but this Maslaha the harm was given the harm was given presidents over it which is what او قاعدة that they said لأن الدرق المتسادة اولا من جلب المصرحة rebelling the harm takes presidents over the what taking over the good that's going to be brought so they said the istin shaq is a good the istin shaq is what it's a good but this good staying away from the harm takes presidents over it also another example would be if a child an animal came an animal came from a father and a mother one of the two either Halal and the other was Haram one of the animals his parents one is Halal can be eaten and the other one is Haram he can't be eaten for example a child comes from a donkey and a horse in English I think they call it a mule right it comes from a in Arabic it's called a bagal it comes from a what a donkey and a horse can you eat the horse yeah a horse can be eaten but a donkey can't be eaten a donkey cannot be eaten but a horse can be eaten so here this child what does it come from it comes from that one Halal and one Haram what's the rolling regarding this the scholars they said در المفسد rebelling the harm takes presidents over what bringing the good so for that reason فلحكم بتحريمه we will give its rolling which is Haram which is that even if there's a Halal in it we will order to push the Haram away first then we will order to bring a good نعم