 فشرف بل اشتغالي بالعلم ولا تبغي به ما عشت يا بدا بدا وياله من شراف عظيم قاعدة الثانية second principle الضرر لا يزال بالضرر لا يرد باطل بباطل the second one is a harm it's not eradicated is that correct word? eradicated or repelled what do you mean? you just said a nice word it was nice repelled الضرر is a harm لا يرد بالضرر لا يرد باطل بباطل that a harm should not be repelled with another harm or a bottle should not be pushed away and rejected and refused or refuted with another bottle no this قاعدة is also one of the big 5 big قواعد of قواعد الفقي which are agreed upon which is الضرر يزال الضرر يزال getting rid of harm what does the word ضرر now we are going to define it word for word what does the word الضرر actually mean? 3 meanings the first one is ما تضر به صاحبك وتنفع أنت به it's that which harms your friend a person you know and it benefits you that's called ضرر it harms it means harm you and it benefits it benefits you and it harms them also the word ضرر is known as what علي النقصان deduction deduction is also ضرر for example they would say دخل عليه ضرر وفماله ضرر entered his wealth meaning deducted his wealth his wealth got deducted also it's known as اضيق when something is tight a place is so for example you say مكانوا ضرر this place is a place which is tight ضرر ايضيق what does it mean? it means كلما يضرر الإسان في نفسه anything that will harm a person in his nefs in his soul أو يضرر الإسان بغيره or something a person will harm another person منضيقه by either deducting something from him أو نقصان في ماله or even deduct something from his wealth that's what it means what does القاعدة now mean so we understood it word for word what does the principle actually what do we intend by this principle? what we intend by this principle is that the harm يجب أن يوزال a harm should be removed a harm should actually be removed but ولكن لا يوزاله بضرر نمثله but it should not be erased and removed with a harm equal to it good so nothing equal to it ولا بأشد منه and nothing more greater than it and why is that why does the harm have to first be erased the reason is because لأن الإعتناع الشارع because the consideration that the sharia has given to the manhiad to the prohibition is greater than the consideration it has given the orders the sharia the consideration it gave to the prohibition is greater the consideration is given to the orders the manhiad is higher than the ma'morat than the ma'morat so because of that to erase the harm takes president over bringing good you see bringing good the sharia came this sharia came to do what إزالة الضرر this sharia when it first come to remove what harm which was what shirk it came to remove shirk from the people not only that but all types of harm and the best way to remove a harm is بالخير with good and صلاح is evil that is present good should be removed with it so the person moves away the shirk and removes it with what with توحيد he removes it with what good not that a person removes shirk and brings another form of shirk he removes the shirks of the idols and he says idols are stones they are insignificant why would we worship a stone how about we worship what aren't they better well no you removed something evil with another evil no not at all you see فإن الشريعة because the sharia تمنع كل ما فيه مفسدة the sharia it refuses it erases and it gets rid of every form of harm now the harm are two types the harm is how many types two a harm which is خالصة this harm it's harm from all angles you paying attention it's all harm from all angles there's no good in it whatsoever and that's shirk shirk is called مفسدة تنخالصة it's a pure مفسدة pure مفسدة no good in it whatsoever not even one percentage you with me so that's why you can't say I will remove this shirk with another shirk because shirk all of it is pure does it make sense good or it can be what it can be it can be مفسدة which is راجحة the مفسدة is more than the مصلحة it's not pure مفسدة there is مصلحة present but the مصلحة the good is lesser in degree than the what than the مفسدة the مفسدة is more such as alcohol as Allah said يسألونك عن الخمر والميسر قل فيهما إثم كبير وما ناثع للناس وإثمهما أكبر من نفعهما it harm and its problems are more than the the good that is present in it that's what that is the types of مفسدة the sharia gets rid of those types of مفسدة both of them both types get rid of them وتأمر and it orders ب وتأمر بكل ما في مصلحة خالصة أو راجحة and the sharia orders the two types of مصلحة مصلحة which is pure مصلحة خالصة and a مصلحة which is راجحة and a مصلحة which is pure in all of its forms like what توحيد توحيد is a مصلحة which is خالصة pure مصلحة pure good توحيد is there any evil in توحيد? never pure what about a مصلحة which is راجحة مصلحة which is راجحة is like جيهد جيهد has مفسدة in it what's the مفسدة? blood of the believer to spill is harm a mother to have lost her child is harm the wife to have without her children is harm the children to become orphans is harm but when a mصلحة is harm why? لتكون كلمة الله العليا when a mصلحة is harm which is the word of Allah goes high you see شيخ الإسامي بنوتي ميسا وقد أمرنا الله سبحانه الله سبحانه وتعالى ordered us أن نزيل الشر that we remove the evil بالخير with good بحسب الإمكاني in accordance to our ability ونزيل الكفرة and that we remove the kufr the disbelief بالإيمان with إيمان والبدعة أنه we remove the bid'a بالسنة we remove the bid'a with sunnah والمعصية بالطاعة and we remove the sin with obedience من أنفسنا ومن عندنا with our own selves and with those who are around us so the harm has to be removed removed him with what? with good with good now what about if what about if this evil has to be removed but there is no good present to be removed with it we don't have good to remove it with it we have evil that we want to remove it with then the matter doesn't it doesn't leave these two types it's these two types it's one of the one of the two so these are the two forms or two ways it can occur when we have to remove evil with another evil it comes in one of these two ways the first one is يقول الضرر that this harm and ناشي أخف من الضرر المزال that the مفسد that is being removed is more than that which is going to remove it so the evil that's present the harm that's present what the person wants to do is wants to remove it with a lesser of a harm so this harm is going to be removed the bigger harm is going to be removed with a harm which is lesser than it this one the scholars they say لا ريبا without a doubt ان احتمال أخف الضرريني لدفع عليهم هو المتعيل then it becomes it becomes mandatory for ضعين that on that particular person to eradicate the harm which is greater with a lesser harm that's going to come so the bigger harm is present it's already there and it's big it's a big harm but you're now going to remove it but what you're going to remove it with is what it's a lesser harm you have to remove it now that's no problem with that one the second one is the harm that's already present so we all agree that this thing that's present is a harm but you now want to go and you want to change it with a bigger harm or even a harm that is equivalent to it do you make sense the harm that's present you now want to go and remove that harm with what type of harm with something that's either equal to it or even greater than it this time what we say to you is the قاعدة that we are studying now replies to you which is what لا يرد باطن بباطن a باطن should not be eradicated and it should not be removed with a باطن that is either equal to it or greater than it does it make sense it is not permissible فلا يجزء أن يزال الضرر بمثري it's not permissible to remove an evil with an evil that's equal to it ومن بابي أو لاني it's also without a doubt it makes more sense أن لا يزال بما هو أشد منه وعالا and it's even great removing it with something that is greater this قاعدة that we've now taken it's actually now connected to two other قاعدة just the way we took it it's got a ارتباط it's got a connection it's got a relation with two other قاعدة which are great which is what إذا تعارضت مفسداتان if two evils are the same you see two مفسدات are the same they stay the same روعي أعظم أخف فيهما two evils are present to remove it with a lesser this قاعدة doesn't deal with that one but it shows you that it can't happen because it can't come so it's connected to that type but it doesn't deal with this one this قاعدة we're not dealing with a lesser a harm lesser than the other harm because our قاعدة here what is it talking about not trying to remove a bottom with another bottom so that doesn't our قاعدة is not dealing with that one our قاعدة is dealing with the second type which is what pushing a harm either equal to the one that you're doing رحمه الله or even greater than it but the second قاعدة that is connected to the second قاعدة that is connected to is that the pushing the harm away and getting away rid of the harm takes precedence over what before you bring the good get rid of the harm don't bring a good when the harm is present no why? because pushing away the harm takes precedence over what then bringing good those two قاعدة which we're going to take inshallah are not worth this قاعدة this one but it has that relation it enters onto each other what's the evidence for this principle? one آية and one حديث the first one is is قوله تعالى so I'm going to bring one آية and one حديث and then we're going to mention the فروع that come from it and I'm going to mention one two آية and two حديث the two آية is the قوله تعالى where Allah SWT He said و لقد أرسلنا رسولنا بالبينات بينات كلايرتي و أنزلنا معهم و أرسلنا with them الكتابة the book والميزانة and the scale ليقوم الناس so the people can stand with بالقصب justice so the people can stand with what? with justice where is the so what was the reason what's the hikma to bring the books down the Quran down and to also bring the ميزان which is the balance the scale what's the wisdom behind it و يقوم الناس بالعدل so the people stand with justice ابن جرير الطبري الحمول الله said ليقوم الناس بالقصب what is meant by it He said ليعمل الناس بينهم بالعدل that the people act upon with one another by way of justice فأمرون بالعدل by Allah ordering them to come with justice it's a prohibition عن الضهي the opposite which is what و هو ظلم و تجاوز الحد it is oppression and exceeding one's limits so Islam is getting rid of ظلم first get away from ظلم don't come with it it's getting rid of that one and it's telling them to come with what العدل so it's prohibiting them first and then it's ordering them to come with this the next evidence is more apparent and more clear which is what الله سبحانه و تعالى He said in the ayah صورة الله عمران و انتصبيروا if you are patient with the plotting and the planning that the kuffar are putting and waging against you و انتصبيروا if you are patient و تتقوا and you come with takwa لا يضركم it will not harm you كيدهم they are plotting and they are planning against you شيئا whatsoever إن الله بما يعملون محيط الله knows and He is encompassed knowledge with everything which they are doing and you guys are doing now now are the disbelievers causing harm are they being what are the believers told to come with patience and they are told to come with what تقوا the harm is there no one disagrees but how are they going to remove this harm with patience which is less than the harm that's already there and that is which is what تقوا which is a lesser harm then the harm that they are plotting and they are planning and the eye is showing that's one and that's two verses two حديث the first حديث is the حديث of Anas ابن ماليك رضي الله تعالى عنو where a Bedouin came and the Arabian بالف المسجد a Bedouin urinated in the masjid فقاموا إلي the people stood up on him فقال رسول الله the messenger the people stood up what they touched the messenger said لا تزرموه the messenger said لا تزرموه لا تزرموه لا تزرموه دعه يجعله the man finished he urinated and then the messenger called for a dalu and then he poured the dalu water which water was in it and the prophet poured it over where the man urinated why did the man let him finish of the harm that he was doing what was the wisdom behind it the reason is because what he is doing without a doubt is a harm are you with me is a harm but let him finish of the harm and not touch this harm is lesser in degree than if we try to remove this harm like that why because if we do try to remove this harm from him he is urinated if we start to stop it what we are coming with is a greater harm than what he is doing and what is the greater harm that we are coming with first of all what we are doing is he himself will become sick if he stops his urine quickly it may physically harm him the second one is maybe he may run around in the masjid and cause even more greater harm by putting the urine all over the masjid but now it is exclusively in one particular place so our stopping him is more of a harm than the harm that is already present so what we do is we let him urinate now some Muslims will say to you Wallahi you like this guy urinating the masjid because there is lack of hikmah right do you think you are with the idea of him urinating the masjid no it is not but stopping here will cause what when the people don't have that and they don't understand it they cause these corruptions and these harm to the people another evidence for this hadith is that the masjid peace be upon him said this hadith is narrated by Abdullah ibn Mas'oot ibn ghafili el hezali the great companion who was called abe abdel rahman he said رضي الله تعالى عنه he said ستكون أثرة وأمور تنكرونها there is going to come there is going to come matters and things that you will disagree with meaning real rulers need people in authority are going to come to you guys in which you disagree what they are doing all the things that they are doing the way in which they are acting the way that they are planning things you will disagree with you will dislike the companions they said يا رسول الله فمت أمورو now يا رسول الله when those types of rulers come what do you order us the messenger said أدون الحق اللتي عليكم وتسألون الله الذي لكم you guys fulfill your rights for that ruler by obeying him if he tells you to give him something you give it to him as for what is yours you ask Allah for it you wait for the day of judgment for Allah to take it from him and give it to you all what's the hikmah in this hadith and what's the wachul istidlal what's the wachul adalala is that that the messenger ﷺ he ordered the people who are being ruled to do what he ordered them that they do not do munaazaat that they do not munaazaat to them that they don't dispute with their rulers and that their dispute will cause a great harm what he's currently doing what he's currently doing now and that is present in his actions is our harm no one disagrees we all agree but what you're going to do is greater in harm by disputing with him than that which is currently present for example any one of you today who looks at the world what's taking place will come to realize that some countries the rulers that were there were being complained of and the evil that they came with and there's no doubt about that but they got removed and matters got much worse matters got much worse foreign intervention their crops and their oil and everything which they own got taken from them they're now starving they don't have no jobs corruption all of the things in which they said was present when the ruler was there now and even more and even and even more so it hasn't ever happened that a people disputed with the ruler except what has come from their actions is far greater and that's why some of the celebs used to say a ruler that is a transgressor who is rolling for 40 years and transgressing on the people and causing corruption is better one day without any ruler why? it's not that ruler is loved that ruler is not loved he's not right the people scholars that say don't oppose a ruler leave him alone are not saying that we love this ruler are not in agreement with the ruler but what they're saying is which what will come out from your actions what will you guys come with it's greater than the harm that's there do you see this qaeda shows that that but the issue is that the ruler he himself has that he's a believer in the first place now he's a believer now matters that come from it فروع القاعدة some branches that come out from this principle one it is upon the da'i that's calling to the path of Allah it is necessary from him من مخالف that he has those who oppose him this qaeda tells us that every da'i is going to have people who are going to oppose him oppose him وقد يتعد and that person that opposes you who opposes you he may sometimes exceed the limits of the boundaries of the sharia in oppressing you he may consider you a kafir he may say you're a fasq or he may even forge statements against you فلا يجوزه it is not permissible أن يقابله الدعية to be مثل فعلي you're not allowed to reply to him in exactly what he did to you so he said you're a kafir he said oh you're a kafir by the way يكومي كافر okay so why are you a kafir why? because you're coming with the evil he came with an evil that is that like it this qaeda goes against it or a person he forges statements against you and you go and you forge statement against him again he's doing something harmful and you're replying with another harm that is either equal to it or sometimes you may even go higher and greater than he did right بل يطبض أقواله وفعله ويزيرها بميزان العدن and that the person he follows the path which is just and that whatever he does whatever he does he makes sure that it stays within the boundaries of the sharia نعم and doesn't leave the path of justice the second thing is the second thing is and this is the call of sheikh of islam ibn al qayt ibn utamiya listen what he said he said ما يقع من ظلمهم وجورهم everything that occurs from the rulers from their oppression and their wrongdoing بتأويل سائغن with an interpretation that is considered they come with an interpretation something that is understandable وغير السائق or even if they come with an interpretation that doesn't make sense he just makes up whatever he wants the ruler فلا يجوزو it isn't even both times it is not permissible and you say for him to be removed لما فيه in something that is in it ظلمهم وجورهم you're not allowed to remove him in that which you're doing is another form of oppression and transgression كما هو عادة أكثر نفوس like it is a lot of the people's ways today تزيل الشرر they want to remove an evil بما هو شرر منه they want to remove it with another evil which is greater than it واتزيل العدوان he wants to remove a oppression or a somebody dealing with him in a wrong way he wants to deal with him in return بما هو أعدا منه in a way which is greater than the one when he dealt with him فالخروج عليهم going against the rule is يوجب من الظلم والفساد it necessitates a transgression and a corruption أكثر are greater than من ظلمهم the oppression that they came with فا يستبلا عليه be patient with them like Allah said to the believers if you patient with them and you come with تقوى فا يتصبروا وتتقوا لا يضروا their oppression and their wrongdoing will not harm you number three يحروموا number three it is prohibited عند مناظرة أهل البدع it is prohibited to debate the people of innovation اي يزيد المناظرون في المناظرة نوع من الباطل it is prohibited if a person is debating with an innovator or if he is debating with an atheist or if he is debating with a Christian or whoever he is debating with it is impermissible for the believer who is debating with the person who is debating with to come with a form of false statements he makes up things وإن كانوا في الأكثر على الحق بدافع الحماس النصرة السلمة ودفع عن دين even if your matter is and that you think to yourself I want to what I want to come with the hack and you are doing it for the religion to go up that is the whole reason and to protect the religion then don't think about coming with a baptil greater or trying to remove this evil with another evil don't do that because why you have to debate with them مناظراتهم بالصدق والعدل الذي أمر الله به you debate with them injustice you debate with them by being truthful in what you say قال الشيخ العسام ابنو تيم ابنو تيم يسأل in his كتاب درء تعارض العقل والنقل ابنو تيم يسأل لا بوده it is necessary أن تحرس السنة that you defend the sunnah بالحق والصدق والعدل that you protect the sunnah with truth with حق with with the haq and with ستق and truthfulness withعدل and justice لا تحرس بكذب ولا ظلم don't try to protect the religion by lying and by oppressing فإذا رد الإنسان بارتل بارتل بارتل anyone who refutes a baptil with another baptil أو قابل بيد عتن بيد عتن or he opposes a innovation with another form of innovation كان منما ذمه السلف والآئمة the salaf and the rollers آئمة scholars this is what they had prohibited this is what they rebuked this is what they scolded and they went against so the type of a baptil that the person cannot come with the baptil is a baptil either either equal to it or greater than it والله عالم صلى الله عليه وسلم على سيدنا محمد وعلى آله وصحبي وسلم أخر دعوانا أنا الحمد لله رب العالم