 واجب عليه it is obligatory on him ما يقدر عليه that which he is able to do وصاقطة and it's uplifted from him عنه ما يعجز عنه that which he is unable to do وامثلتها كثيرة جدا and the examples for that are a lot نعم وكذلك محتاج الخلق إلي لم يحرم عليهم also wherever the people need and they are in need of وكذلك and like that محتاج الخلق إليه that which the creation are in need of لم يحرمه عليهم Allah has made a haram for us وكذلك لك أن تعتقد أنه حرام يوجد محتاج الخلق إليه that the haram that is out there is a need that we need then you this is trying to attribute to the شريعة that is also an oppressive شريعة it hasn't come to benefit us when the sharia has come to do what the sharia has come to benefit us it has also come to remove from us any form of harm or anything that could lead us to harm the sharia came to remove it from us and it also came to tell us any path or any means or any road that can take us to prosperity and success the sharia came to tell us of it so for you to think that there is benefit in this issue that there is benefit in this issue all the time without necessity is attributing and you are ascribing to the sharia that there is deficiency and it falls short in our benefits so the sheikh is saying وكذلك I like that محتاج الخلق إليه wherever we need until the day of judgment our religion hasn't made a haram from us so mortgage is in our benefits لا والله it's not mortgage buying a house on mortgage it's not in our benefit ريبا is not of benefit and for you to think that there is benefit in ريبا for you is saying that the sharia are prohibited from us that which the creation needed that is that which the creation needed والخبائث والخبائث التي حرمها إذا طرّ إليها العبد فلا إثم علي the filth التي حرمها إذا طرّ إليها العبد فلا إثم علي but again with the conditions that we mentioned he doesn't pass the amount that is needed he doesn't he use according to his needs and doesn't surpass it so anything that the sharia are prohibited what is it because our Prophet ﷺ when did he come يحلوا لهم الطيبات ويحرم عليهم الخبائث ويضع عنهم إسرهم والأغلال التي كانت عليهم our Prophet ﷺ came to us to make حلال for us to good and to prohibit from us what the filth and the harmful things and to also take away from us the shackles in which people have gained through their misguidance the shackles of worshipping a creation the freedom of worshipping Allah our messenger came to free us from it and slavery for creation Allah came to remove that from us so any filth in which a person has to use because of necessity okay the sharia will make you haram because it's a religion that works with what our needs it works with our needs and anything that the sharia chose not to anything that the sharia it chose not to permit for us they were not allowed to result to it in any way form or shape if it sets us in that boundaries we believe that Allah has knowledge and he has wisdom we may not understand why but there is wisdom and wisdom why Allah ﷺ chose it to be in this form or this shape way one of the things that it doesn't fall under necessity it does not fall under necessity إن شاء الله إن شاء الله if Allah gives me life to live I will talk about it إن شاء الله إن شاء الله إن شاء الله which is the issue of فاك السحري بالسحري a person who has got magic done to him can he take that magic away with another magic لا يجوز it is not permissible and it doesn't fall under ضروريات it does not fall under it and the قاعدة الضرورات to بيح المحضورات it doesn't fall under it and it needs a thorough explanation إن شاء الله إن شاء الله إن شاء الله in its place so you're not allowed to go to a magician to say to him I have magic done on me and I want you to take this magic away from me by doing another magic لا يجوز it is not permissible إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن شاء الله إن ف they are sequential now go on It also permits for you what والمحظورات العارضة And it also permits for you And also permits for you what It also permits for you The Haram The things that are Haram They are not consistent They are not continual But they are They just happened to be that time The Sharia permits those 2 types of محضورات Those 2 types of محضورات One is Ra'at لا تبراتي means it's consistent and محضورات which is عارضة it hits once the شريعه what does it do it permits both of them for you you're allowed to use it in the times of need you're allowed to benefit from it you're allowed to benefit from it نعم وَالنَّارُورَةُ تُقَدِّرُ بِقَدْرِهَا تخفيفاً للشر الشيخ here says والضرورة the necessity تقدره it is the one I mentioned before it is estimated it is done within the boundaries of the need تقدره بقدرها we amount it in accordance to our needs we don't go beyond our needs why تخفيفاً للشر because all we want is we don't want to fall into a we don't want to fall into a beyond the need beyond the impermissibility because we're only allowed to do it according to the necessity so we stay within our boundaries and one of the things that the scholars they use to weigh what is a which one is given presidents over which for example for example if there is a مصلحة which is عام it encompasses a group of people you see and a مصلحة that only benefits a group of people a little amount of people but this one a large quantity of people are going to benefit from it and here the مصلحة is only a handful of people who are going to benefit from it I'll give you an example a رولا a مصلحة رولا sees that a road he wants to build but the problem is with the road what happens is that there's going to be or there is a few houses of people who are on top of the road and he won't be able to what he won't be able to build a road that can benefit the general mass because he's going to have to harm a few number of people take their houses away from them destroy their houses in this situation we'll say that those people's houses will be broken down their houses will be demolished why? because the مصلحة with the benefit which the majority of the people have outweighs the what the مصلحة or the مفسد that we can cause a group of people like الاشاك we have to give them عول the government has to give them back the money of their houses and pay them back but the government will not accept from them to still remain in their houses they will forcefully be given money forcefully because the مصلحة for the people the road that the people need to take outweighs this person so there are ways to do it and we spoke a bit about it the مصلحة which is قاسلة verse the مصلحة which is متعدي the مصلحة which is exclusive to you and the مصلحة which involves others which one takes presidents over which we spoke about that and العزب العبد السلام السلطاني العلماء هي زي بوكه قواعد الأنام وهي تكسبات مصالحة مصبوك؟ قواعد الأحكام ها قواعد الأحكام في مصالح الأنام سكوت قواعد الأحكام في مصالح الأنام that's what it's called نعم in which he wrote pertaining to the issues of مصالحة المفسد he brings it every issue مصالحة المفسدة how it goes around it he brings this issue مصالحة المفسدة this issue مصالحة المفسدة this issue مصالحة المفسدة so he called on his قواعد principles إزم عبد السلام رحمه الله who used to be called سلطان العلماء نعم فضورة تبيح المحرمات من الماكل والمشارب والملابس وغيرها نسسة what does it permit it permits the محرمات the probability things in terms of foods so your necessity food becomes the haram food becomes permissible for you والمشارب and also water and things that you drink والملابس and clothing وغيرها and other than it the ضرورة permits it for you and of course as I said to you before all of that we have to observe and we have to look at we have to look at the principles and the principles that we put in place in the issue of ضرورة and a person has to distinguish between the difference between ضرورة and حاجيات the things that are something that is ضرورة something that's حاجة and something that which are the مكملات a person has to know the difference between so he doesn't mix up the matter نعم ومنها الأمور بما قاصدها now the sheikh is going to move on to from the قواعد الكولية الكبرى the sheikh is moving on to it now and what we've mentioned so far are the قواعد الكولية الكبرى the first one that we mentioned which one was it اليقين لا يزول بالشك and the second one was what the second one was أن المشقة تتجلب التيسيرات and now the sheikh is moving to الأمور بما قاصدها as for the قاعدة اللى واجب مع العجزي ولا محرم مع الضرورة also it's from الكولية الكبرى it falls under it are you with me it falls under under it what does it mean قواعد الكولية الكبرى it means these قواعد are متفقون it's agreed unanimously agreed upon by the foqa ha other قواعد the scholars they differ on it other scholars they differ on these قواعد some say these قاعدة for us we don't accept and some say نعم we accept these قاعدة as for these five they are unanimously agreed upon and الإمام الصيوطة in his كتاب لشبه والنظائر الإمام الصيوطة in his كتاب لشبه والنظائر in the way he authored it was what he first of all speaks about these قواعد كولية الكبرى these five first and he talks about them once he finishes speaking about these five قواعد الكولية الكبرى he then goes on to those who are distinguished those who are disputed the قواعد which the scholars dispute on which are called القواعد المختلف فيه القواعد which are disputed in its regard why would it be disputed because every مدهب has أصول which it picks up from and they differ from how they look at it as for these five they are محل التفاق it's a محل التفاق they agree upon it نعم so here we have الأمورة بمقاصرية المقاصرية and we spoke about this before the usage of the word الأمور isn't the most isn't a appropriate usage we said this before and it's better to stick with the ألفاظ الواردة that have been transmitted إن الشريع so it's best to say الأعمال بالنيات أو إنما الأعمال بالنيات as the messenger صلى الله عليه وسلم has said إن حديث which is صحيحين من حديث عمر رضي الله تعالى عنه that the messenger صلى الله عليه وسلم بالنيات that verily every action is what is intended from it so this قاعدة is very powerful and it's the قاعدة which the scholars they take it's the قاعدة which the really mention it goes into just about every field of مسائل الفق and Islam and Fiq a lot of it revolves around looking at people's intentions and what they mean by it when it comes to the issue of طلاق if the person divorces he divorces his wife and the speech that he uses to divorce his wife if the قرام is كناية it's a كناية it's indirect you see his intention is what is observed and it's looked into as long as there's what as long as the situation doesn't already tell us if there is no clarity regarding the قراء the external outer doesn't give us any sign of what he meant okay if that gives us a sign then of course we don't need to know what he meant by it because the قراء you see and etc so it's important that that a person knows this قاعدة and he understands it and this قاعدة we spoke about it in excessive details when we were talking about it in the شرح of عمدت الأحكام and we also spoke about it in what we also even spoke about it in the قاعد الفقية by sheikh عبد الرحمن ناصر السعدي رحمه الله رحمة واسعة that the شريعة it observes and it looks at the مقاصد المكلفين the intentions that the person what he meant by what he said and based on this قاعدة the issue of حيل has been prohibited حيل which means that a person can't try to make حيل is when a person for example something was made حرام from you but you go another way to make a حلال for yourself indirectly you make it for yourself for example a man divorces his wife and the divorce is بي نونة الكبرى all of his all of the all of the divorce is gone all of the divorce he finished them all and now the woman has to go what and get married to who she has to marry another man as until she goes and marries a man other than him so he wants his wife back so badly so he tells her go and get married to another man and come back to me after you've left him now wasn't that the condition for him to get married to her yes it was for her to get married to another man and then he is permitted and allowed to get married to his his wife so what he does is that he tells her to do the process and he tells her to leave the guy after a what and he also tells the guy you're going to have to leave my wife after a day or two or straight away after the marriage happens you're going to have to let go of my wife this in the Sharia it's prohibited why because the intention if this happened without that intention it was permissible all of that which is taking place on the other hand we have the same situation that took place but none of them planned it out the woman actually did want to get married to this second man after her husband divorced her and she saw that she doesn't like him she saw she saw herself not interested in this guy she said you know what let me go I don't really feel interested in you and she leaves him her husband finds out that she's divorced and then he goes and gets married to her what was the difference between the two just the intention so it shows you how the intention alone احكام are based on it look at this two people are praying on the first line of the masjid both of them are praying in the first line of the masjid one gets rewarded for it another one gets punished for it why are they both doing the same action they are one is doing it for the sake of Allah and another one is doing it for who to show off he's doing it for somebody other than Allah and you see the only thing their action is the same their first at the same time they both left the masjid at the same time they both prayed in the same line shoulder to shoulder in the first line right behind the Imam one is rewarded and the other one isn't why the intention the intention a man says to his wife you're divorced another man says the same one is actually married to his wife still and another one is not even married to his wife why because one one said it one said it because his wife was trapped in a place are you with me she was trapped in a place and so he was letting her free and he said it he said it to say you are free I free you the other one when he said it to her he said I free you but he meant I divorce you I don't want to be with you anymore all of that is based on what based on the intention and the intention determines it so that's why it's very important so when you go to about that and you also go to the حقوق or the خلق the the مقسن and the intention is always observed it is what it's always observed نعم فيدخل في ذلك فيدخل في ذلك العبادة والمعاملات والتحريم والتحريم والحيال والمحرمتي المحرمتي المحرمتي المأخود من هذا الأص see this الأمور بمقاصدها الأعمال بالنيات it enters العبادات it enters المعاملات and based on just this قاعدة الحيال is be prohibited المحرمتي which is مأخوذ من هذا الأصلي is taken from this أصل ونذلك the the people they call it بيع العينة بيع العينة which is a form of حيال حيال a person trying to go behind it's also prohibited based all of that on that intention نعم وانسراف وانسراف الفاد الكنايات والمحتملات إلى السراء والمحتملات والمحتل والمحتملات إلى السرائح من هذا الأص وصور وصورها كثيرة جدا this one he said وانسراف الفاد الكنايات and the الفاد الكنايات are alfad which are indirect كناية is anything that's غير صريح it's not direct also the wordings which are كنايات and the محتملات are كناية is indirect محتملات is anything that can take more than one meaning it could mean it's a possibility it could mean that إلى السراء إلى السراء إحي من هذا الأص وصورها كثيرة جدا all of that الكنايات then a person the word is the person uses which is a كناية the words which a person uses which are محتملات it can take more than one meaning all of them they fall under this قاعدة and they have a portion in it they all have a كناية or he uses a statement which are محتملات it can carry this meaning and it can carry that meaning we want what do we do فإننا ننظر إلى نيتي we want to look at your intention we ask the person what do you mean by it and we base that rolling on it what we base it upon what اللفظ بنا على تلكنية we base it upon his intention because the word could mean more than one meaning so he's trying to say to you the كنايات and the محتملات all they fall under الععمال وبنية so you ask the person أخي what did you mean but I already mentioned this to you as long as there is not a قراء that determines already نعم ومنها ومنها يختار على المصالح مصطحتين ويرتكب أخف المفسدتين عند التزاحم the sheikh now he's talking about قاعدة which is very important قاعدة which is very important and which is يختار the person chooses أعلى المصلحةين the two المصلحة站 تنجم shoulder to shoulder besides one another you're going to take the greatest of the two ويرتكب and the person would also have to do أخف المفسدتين if he has to do one of these harm he has to do one of them he's going to take the least the less one عند التزاحم when they are they have to they are both and pulling each other A person is forced أنر the greatest of the are of the one of of the two And if there is too you have to do one of the two what do you do? I gave you an example of And I gave you an example The government sees the need نعم it's a good for you to live in your house And it's a good for that person to live in their house But your good is now in contradiction to the greater good We give presidents over to the greater good Over your individual good Over your individual good So now it becomes permissible for the leader To break those houses And he has to give them what He has to give them a A a a fine money in return Or another house in return Or another house in return وما يفعلونه. المفصده هو the same. There's a Mafsada. The person has to do two Mafsada. There's no other. There's no Maslachar or Mafsada. It's two Mafsada. He has to take it. For example, a woman. A woman who her and her husband were traveling in the middle of the desert. The husband passes away. But he stops in a village. He stops in a town. He stops in a town. And they stay there over the night. And in the morning she discovers that her husband is dead. Or even in the middle of the desert. Her husband passes away. Now what do we have? This woman. There's a Mafsada. If she goes forward and she travels by herself. She falls under the prohibition of the vote. The prohibition of the حريت أي ماء مراعتين. Any woman who travels. اما لا يحلوا الى مراعتين أن تصافر إلا ومعها ذو محرم. A woman is not permitted to travel. Except there is a محرم with her. She can't travel. So that is a Mafsada. So we have seen is a Mafsada here. And there's also another Mafsada which is مفسدت الغربة. She has to stay as a stranger in a land where any problem she can go through. Or she's going to be in the middle of the desert and more harm can happen to her as well. She stays there and never move from there. She can die out of هنغة. She can die out of thirst. Etc. So we have here two Mafsadas running beside one another. Which of the two Mafsada do we take? We take the Mafsada of telling her to move forward. And we tell her to go to her destination. We tell her to what? We tell her that this is the Mafsada to الأقل. The lesson of the two evils. For you to travel with that a محرم. So we're doing that. Why? من درء المفسدت الأعلى. Because we try to repel and get rid of the greater Mafsada of you stay in the land where you're a stranger. Or you stay walking by yourself or living by yourself in the middle of the desert with that small maintenance. No, you keep it moving and you go to your destination. You see how? The Sharia observes all of that. So it's called It's called يختار أعلى المصلحةيني و يرتكيم أخف المفسدتيني. عند التزاحبي. نعم. و عند التكاف. و على هذا. و على هذا الأصل الكبيري ينبني مسائل كثيرة. و على هذا الأصل بيست أبنات أصل الكبيري is great أصل. ينبني مسائل كثيرة. A lot of مسائل are built on it. مسائل الجهد. مسائل الدماء. مسائل إمارات. إمارة. Leadership of a government. All of these matters are looked at مصالحة المفاسد. A vision. A person who doesn't know nothing. Who's a naik. Who doesn't understand much of the religion. For him to take the banner of moving the whole ummah into the masala and the these matters are not for you. The masala and the are weighed by who the scholars and people of knowledge. Because when they look at the masala and they look at the mafasid based on that they sent a hukm and a ruling. و لذلك if you look at Islamic history. Whenever a people turned away from the ulama and they chose not to follow the statements of the ulama. What happened? They saw مثاسد. هام. مالله به عليم. اوني الله knows. إمام أحمد. For example. إمام أحمد. He saw the جهمية to be كفار. And I remember when I brought you the call of إمامو in our شرح كتاب لامية to Benutemia. I brought to you guys what the statement that إبن القيم said in his كافية الشافية في الانتصار لفرقة الناجية. He's a nunia. He said و لقد تقلد كفرهم. 50 مع 10 في العلماء في البلداني. و اللالكائيو he said 50 times 10, 500. Scholars transmitted it. أبو قاسي موت. هيمة الله لالكائيو transmitted the كفر. And the كفار. Are you with me? In his book والشرح عصول اعتقدها لسونة والجماعة. Before him who blew that إجمع الإمام الطبراني. Before أبو قاسي مهبة اللالكائيو الإمام الطبراني transmitted the كفر in the statement of the جهمية which is that the Quran is created and that their belief is كفر. إمام محمد did that. And the same statement was said by the معتزلة. Who whipped إمام محمد إمام محمد got beaten so severely. رحمه الله رحمة would fight he would wake up. They still beat him. They still beat him. رحمه الله تعالى. And they imprisoned him in his house and they prohibited from talking and everything. That being the case. That being the case. And they killed some of them. Like إمام البويت رحمه الله الإمام البويت رحمه الله من تلاميدة المحمد من إدرس شافعي شافعي شافعي شافعي محمد إبنو إمام محمد إبنو نعيم الخزاعي They killed him as well. All of these were killed in the matter of خلق القرآن. And they died. A handful of them died. That being the case. إمام محمد إمام محمد when they came to him and they said listen, these men are speaking a statement which you admit that it's a statement of you're stating that إمام محمد. Should we can we uprise against them? إمام محمد said a statement which is very powerful. He said قدما blood blood blood إني لا أراد ذلك I don't see this. كفرهم إمام محمد يسود تبقي كفار but the difference between إمام محمد statement it brings that إمام محمد فرق بين التكفير المطلق and التكفير وعين إمام محمد he's Takfir with general but as for the placing of the takfir على أعيان الجهمية أعيان المعتزلة إمام محمد didn't do that rather it was narrated that إمام محمد used to make dua for them and you don't make dua for a kafر rather إمام محمد used to order the people to pray behind them he used to tell the people صلا behind them if you look at his book شرحه السوله سنة he prayed behind him رحمه الله even that though he saw their so he didn't specifically place this kafر on to them رحمه الله رحمة واسعة now what do we learn from that إمام محمد ويدا مصالح عندما فاسد he looked at the issue in its in its totality and that's how the علامة the same they came to إمام محمد and they brought the issue of حجاج and they told him حجاج killed this much and how many did 120,000 he killed 120 120,000 individuals from those people who killed was who عبد الله في كعبة صحابي جليل killed him in the كعبة and after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after after رسمانا وعليا عبدالله وعليا عبادلله وعليا زبيرا وعليا بأعوامهم رائحة الناس who do they have over them they had over them أمان ملخطاب رضي الله تعالى عنه وهل أمجرها so the issue of weighing the masala and the mafasid is not as some eye groups who are ignorant say that مصلحة المفسد looking at it it's a taghut من الطواغي that's what they believe مصلحة المفسد weighing it is a taghut they believe and they say that clearly and I just said to you guys عزب العبد السلام رحمه الله he wrote a whole book to prove that مصلحة المفسد is the whole of the religion and it enters every field of the religion and مصلحة was based on it either you know what that مصلحة is or you're unaware of that مصلحة it is from those things that Allah has informed you of also the issue of مصلحة المفسد enters boycotting a Muslim individual if you boycott a Muslim person the مصلحة المفسد is weighed and it's looked at if you boycott in this person the مفسد that comes out of it is greater than this مصلحة which you're trying to reach لا شك ولا ريب they are أقوال الشيخ الإسام إبنو تيمر رحمه الله in which he mentions that الإمام الشارط منه is كتاب العتصام إبنو القيّم in his علام شارط منه is موافقات أصو الشيخ منه عثيمين فتاو نوره على الدرب he was asked مصلحة المفسد that looked into he said yes عبد عزيز من عبد الله إبنو باز was asked he mentions it is into it so some people the مصلحة المفسد only enters what they want and when they don't like something they won't look into the issue of مصلحة المفسد they will make it a قاعدة المطردة which مصلحة المفسد they don't have to be looked into so again it is جهل and ignorance of not knowing the مقاص of the شريعة the objectives of what this religion is based upon نعم عند التكافوي قدره المفاسد أو لا من جلب المصالح when they are both equal to one another عند التكافوي when they are both leveled the مصلحة and the مفسد are leveled which one do you do do you have a مصلحة which you can do or a مفسد you can rebel which one do you do الشيخ said فدرق المفاسد pushing away the مفسد is before bring in a مصلحة get rid of the مفسد first don't look at getting a مصلحة don't think of just getting a مصلحة first always consider what getting rid of a harm first get rid of that الشيخو الإسلامي بن تيميا he said بنا وقصرا وهدموا مصرا they built a he built a house and he destroyed the whole of Egypt the شريعة doesn't work like that so the person has to focus on getting rid of the harm before trying to think of bring in any good عند التكافوي when they are leveled and equal فدرق المفاسد get rid of the harm أولا it goes before من جلب المصالحي then bring in attaining good نعم this is another قاعدة which the sheikh is going into and this is from المقرراتي it is from those قواعد which are solidified and they mentioned in the books of fiqh قاعدة مهمة جدا this قاعدة which is what unless what and you can use that for a lot of issues صلاة for example there are short conditions that have to be met التهارة is a prerequisite it's a شرط للصلاة can you pray a salah بغير طهر without purification can you pray لا and also