 و الأصل في مياهين الطهارة والأرض والثياب والحجارة بأوث رحم الله يسين here that the original essence of the water is purity the asal is that the water is pure what does he mean asal here? he means القاعدة المستمرة the continuous principle is that the water is always pure we will say that this water is pure unless there doesn't come إذا لم يوجد دليل و يغير الأصل unless we find an evidence that diverts it from its original essence here we have to stop over something which is the matters pertaining to this matter are four the مسائل are four types and the first matter is مسائل فيها دليل للتحريم أو النجاسة أو الفساد we have to understand this in order to understand the issue of what is the asal of something the مسائل in the sharia are four types مسائل which are what? there is a deal that is impure that is corrupt that is the first type it is called مسائل فيها دليل للتحريم أو النجاسة أو الفساد and based on what the evidence says يحكم بذلك الدليل the ruling of what the evidence is is what we rule it by the second type is what? مسائل فيها دليل يدل على الإباحة أو الطهارة أو الصحة there is evidence that shows that it's permissible that it's pure, that it's correct the opposite to the first one and because of that نحكم بذلك الدليل we will then also give it its ruling from the evidence that we have very good the third one is what? مسائل يوجد فيها دليلان متعارضان we have two evidences those two evidences oppose one another دليل يدل على الصحة ودليل يدل على الفساد there is evidence that shows that this is correct and there is evidence that shows that this is incorrect أو دليل يدل على الإباحة وآخر يدل على التحريم an evidence that shows it's permissible and another evidence that shows it is impermissible this one فإذا لم يمكن الجمع if it's not possible to bring them together فلا بد من الترجيح if we can't bring them together then it's necessary that we want that we have to choose we have to run to our result to أو جهود ترجيح to say that this one is stronger than this one نعم ومن قواعد الترجيح أن الدليل التحريم يقدم على دليل الإباحة and one of the principles which we will apply here which is from the قواعد الترجيح أو from the أو جهود ترجيح ترجيح means what this one is stronger than this one that's what ترجيح means one of the ways is to say that the دليل which is حرام takes precedence over the دليل which is the permissible the impermissibility takes precedence over the permissibility the fourth type the fourth type مسائل ماتز لا نعلم فيها دليل we don't know any evidence for it فهذه تطبق عليها قواعد الأسل the asal is applied on the fourth type you see the asal it is applied here we start saying this is this and that's the one we apply here والأصل في مياهنا التهارة والأرضي والثياب والحجارة the author he said والأصل في مياهنا التهارة the original essence of the water it is that it's pure why would we say that because this matter of water there is no dalyl that we know that says it's impermissible this particular water we have نعم there's no evidence to say that it's permissible or there's no evidence that says it's impermissible نعم it's something that it's silent about so we stick to the asal here does that make sense but you stick to the asal and الله تبارك وتعالى he told us that the asal of it is في صورة البقرة ayah 199 هو الذي خلق عليكم ما في الأرضي جميعا الله is the one who created everything on the face of this earth for you and also Allah said وينزل عليكم من السماء ما اللي يطاهراكم به الله sends down from the sky water so he can purify you with it and الله سبحانه وتعالى he says وأنزلنا من السماء ما الطهورة we have sent down from the sky pure water and also the messenger said in the hadith ذا إمة السنة للأربعة narrated إمام مالك narrated it شافع narrated it أحمد narrated it ابن أبي شيب narrated it ابن خزايما ترمي the authenticated it رحمهم الله رحمهم الله and it's the first hadith الإمام الإمام إبرا حجر العسقلاني رحمه الله in his book بلوغ المرام he wrote which is that the prophet said هو الطهور ماءه الحل ميتته that the water is pure that the water is what? pure in another hadith another hadith the prophet SAW said الماء الطهور لا ينجسه شيء the water is pure nothing makes it impure nothing makes it impure so the قاعدة المستمر is the asal which is that the water in its original essence is that it is pure والأرض the earth as well the earth the asal of it is what أنها طاهرة that is pure unless we know اي دليل نحكم به على أن الأرض نجيسة unless there comes an evidence that says an evidence that comes and says that this water this earth is impermissible it's impure we can't use it other than that the earth is also طاهر it's pure to us where's the evidence for that أعطيتو خمسة لم يعطهن أحد قبلي I was given five no one before me was given these five and the messenger mentioned from those five واجعي لتليل أرضو مسجيدا وطهورا فأيما مسلم أدركته الصلاة فعنده ومسجده وطهوره مجرد احدهم the prophet said I was given five the previous nations that came before me weren't given these five and the prophet mentioned from those five the earth was made a messjid for me and a pure land the earth has been made pure for me and a masjid anybody who صلاة comes in any person or any Muslim the salah enters onto him then verily the earth is a messjid for him المسلم العصر قال عليه الصلاة والسلام عليه الصلاة والسلام الصعيد الطيب طهور المسلم إذا لم يجد الماء عشر سنين المسلم just said that the earth is pure it is pure for the muslim if he doesn't find water for ten years even ten years for ten years you don't find water you do Tayammum the author said وثياب and the clothing the clothing the actual of it is what that that is طاهر it's pure ولا يحكم بالنجاستها and we can't say that the clothing is impure إلا إذا قامت دليل على أنها نجيسة unless there comes an evidence that says what this clothing is what is impure unless there comes an evidence نعم so the actual of it is that it is pure and the deal for that is the messenger عليه الصلاة والسلام and his companions may Allah be pleased with them all they used to wear clothings in which the disbelievers used to make and it was never heard that they would wash it before they wore it so this shows what فدل لذلك على أن الأصلة فيها الطهارة نعم نعم فقد يأت لنا فضل لذلك وفضل لي مراكب وفضل لي وفضل لي وفضل لي وفضل لي وفضل لي وفضل لي وفضل لي ولكن الحجارة تبقى في الأرض أيضاً عندما يقول أن الأرض تبقى في الأرض فهذا يجب أن يخطيه ثم يقول الأصل في الأبضاع واللحوم والنفس والأموال للماسوم تحريمها حتى يجي الحلو ففهم هداك الله ما يملو هذا one version أيضاً يقول ففهم هداك الله ما يحلو بل نفسهم يقول يقول أن الأصل في الأبضاع فهذا ليس قد يخبرك أن الأصل في الأبضاع ويقول أنه يجب أن يتحدث عن الأصل في الأبضاع أصل في الأبضاع الأصول في الأبضاع أبضاع يعني ما يأتي من الأولياء برضاع برضاع يعني what قطعة ولحم في لغة العرب it's a portion of meat that's what the word بضع means but in the Arabic language sorry in the technical meaning in the Arabic language it's used as three meanings so linguistically it means what قطعة ولحم that is what it means linguistically technically the word means according to the Arabs it means three meanings one is الفرج the private part the private part is the fart it's a piece of meat and الأصل في الفروج and the original essence of the private part is التحريم and permissibility فلا يحل أن تستعمل إلا فيما جاء دليل بحليه وجوازي and no one is allowed to use his private part in something unless there comes an evidence that permits it so the ussal of the private part it is that it's haram it can't be utilized except that which the sharia can permitting it and the evidence for that is the statement of Allah والذين هم لفروجهم حافظون إلا على أزواجهم أو ما ملكت أيمانهم فإنهم غير ملومين فمن يبتغاوراء ذلك فأولئك هم العادون الله says والذين are the ones والذين هم the ones لفروجهم their private parts حافظون who saved God at their private parts أو ما ملكت أيمانهم أو except that which their right hands have possessed فإنهم غير ملومين those are not blame worthy فمن يبتغاوراء anyone who tries to fulfill his desires elsewhere وراء ذلك after that which has been mentioned الله says والذين are the ones who have exceeded their limits they have exceeded the boundaries that were set for them so here a matter that comes in here which is the issue of masturbation it falls under this point which is the asal that I'm sticking to is that it's haram the asal is haram you prove to me it's haral الأسلو في الأبضاع واللحوم the asal of your private part is that you can't use it for what for except when the sharia permits rather I can even prove it to you even more now that the sharia made it even haram so the fact that I stick with the asal which is that it's haram until proven haral so you have to go out of your way and bring me an evidence that says it's what it's haral and the sharia came and it said that the only thing I have permitted is for a man to fulfill it with his wife and for that which his right hand has possessed and that's what Allah said in the ayah then Allah تبارك وتعالى rebuked those who try to fulfill their desires after that which has been mentioned He says فمن يبتغاوراء ذلك فأولئك هم العادون and the fact that the messenger صلى الله عليه وسلم has said to the youngsters and the youth he said to them من استطاع منكم الباءة فليه تزوج anyone who is able to fulfill his sexual desires he should get married who is able financially can support the wife and he is sexually he is in need فليه تزوج ومن لم يستطع the one who is not able فعليه بصوم for verily fasting is upon him the prophet never gave him no other alternative the only alternative the only option he was given after giving up on marriage and he probably doesn't have the finance or anything for it or is unable to get married the sharia has only given him one alternative and that is the only alternative he can go towards which is to fast do you see good also the evidence that shows that the best example of the فرج is that it's haram is the statement of the messenger that Imam Musa narrated that the prophet said اتق الله في النساء في الله in the women فإنك مستحللتم فروجهن بكلمة الله you guys have made their private parts permissible because of the word of Allah meaning Allah's statement allowed it for you guys she was haram from you before she became halal for you now because of Allah's words Allah permitted it for you الله سبحانه وتعالى what he permitted it for you and then the ayah that I mentioned and the hadith both of them they indicate أن الأصلة في النساء تحريم الفروج that the private part of the woman the asal is that it's haram good بكلمة الله he means what بكلمة الله there are aqwal that the ulama mentioned but insha'Allah على الصحيح it is اقدم نكاح the marriage you're doing it with that good so if the asal of the woman or the private part of a woman it's haram then what's then a man cannot have intimacy based upon assumption and speculation it has to be based upon what يقين نعم because the asal is that it's haram and you're not allowed the شك لا يمبر it is not looked at the asal is what يقين that you are not allowed to نعم number 2 the scroll is that said that the word the word بضع the word بضع the second meaning that they refer to it at it or they refer to they said that it means is الجماعة جماعة intimacy and intimacy the first one was the private part itself now they said that intimacy is known as بضع and this is جماع لا زمول للفرج جماع is what comes out from the private part so if we said that the private part the usal of the فروج is تحريم then what comes out of it is also going to be تحريم there's no problem with that that third view that second building is there the third one is عقد النكاح the marriage the what the contract of marriage are you with me contract of marriage عقد النكاح some of the scholars they talk فقد ذهب بعض العلماء إلى أن الأصل في عقد النكاح تحريم some scholars they took the view that the usal of the نكاح the contract of marriage the usal is that it's حرام who saw that view الامام الصيوطي جلال الدينة الصيوطي in his كتاب الاشباه والنظائر that's what he mentions if you look at the دبع دار الفكرة page 44 that's what he mentioned and other than him from the people of knowledge and that's what it seems like is the view of the author here it seems that that's his view from the line of poetry and he also he explained his own book رحمه الله تعالى and from his شرح it also seems the same if you guys both go back to your شرح الشيخ عبد الرحمان ناصر السعودي رحمه الله he has his own شرح on this book قوائد الفقية قوائد الفقية so it seems that he's inclined to that view as well he's inclined to what that view that meaning is incorrect or that view is incorrect because the أصل of عقد النكاح is الجواز permissibility والحل قد يأتي دليل يدل على التهريم ودليل ذلك عدد من نصوص شرعية why is that a view that is weak because something that is permissible and evidence can't come and make it something that is haram evidence can come and make it what حلال and so when it makes it حلال in that thing in its originality it becomes what حلال because Allah said in the Qur'an يا أيها الذين آمنوا all those of you who believe all for fulfill العقود the contracts fulfill them and نكاح is عقد عقود is a plural of contract so the أصل of any contracts is permissibility that's the أصل for any عقود any عقد it's that it's permissible حتى يأتي دليل يدل على الفساد عدد من الصحة and that shows that this is impermissible and that is not allowed also Allah تباركه تعالى He said حرمة عليكم أمهاتكم وأخواتكم إلى آخر الآية الله تباركه تعالى He said these people are حرام from you and the fact that الله exclusively mentions those who you can't marry and the hadith also mentions those that you can't marry what does that show فدل لذلك على أن الباقي على الحلق it shows that the others are upon the original essence which is permissibility الله also says it in another آية الله says it in an آية إلاكم ما وراء ذلك الله has permitted for you anything after that so everything else is permissible the that is permissible except these استثناء these exceptions that the sharia has taken out so based on that point we realize we know that أن الأصل في أقدم نكاح the of contract and marriages is what الجواز permissibility والحل that is allowed حتى يأتي دليل and makes it and makes it حرام the author also says والأصل في he says واللحومي meaning الأصل في اللحومي is what التحريم the author is trying to say that the original essence of meat is what that is حرام and that is a view whole held it's a view that is held by some of the فوقها some of the فوقها they hold that view واللحوم هو التحريم that the original essence of a meat it is حرام and the evidence that they base that on is the statement of the messenger عليه الصلاة والسلام which the prophet said إذا أرسلت كلبك if you send your dog which dog have you send كلبك المعلم the dog which you trained فوجت معه ويرو and then you find another dog with him and the animal is dead you told your dog hunt the animal your dog ran to the animal when you got there you saw the animal that you told for it to be hunt on the ground dead are you with me dead also what another animal standing next to it another animal next to it the prophet said فلا تأكل don't eat it you don't know which one of them killed because if the trained one killed it becomes permissible if the trained one kills it's permissible because when you sent him you said بسم الله and you sent him and he's like your sword when he went there he killed the animal you can eat it but now you don't know if this other dog did the killing so it's not permissible the prophet said don't eat it don't الإمام النساء رحمة الله they narrated this and the hadith in it's it's in صحيحة بقال المسلم sorry sorry the hadith in it's narrated بقال المسلم they themselves narrated it's it's it is so based on that they said that now the fact that there's two animals they will go back to the usal which is that it's خليت it and they said the reason why it's it's because you don't know which of the two killed them it's and they said it's like saying that an animal that comes from an animal which we can't like the mule we mentioned last time it comes from the donkey and it also comes from the horse you can't eat it why? because there is حلال and حرام mixed and you're not allowed to eat it this issue doesn't fall on the issue of مسألة الأسل remember when we divided مسألة into how many types did we divide into we divided into four the fourth type what did we say it's مساءل الله نعلم فيها دليل we don't have no evidence for it right? the fourth one was what? matters which we don't have no evidence for does this fall under the issue that doesn't have no evidence for it no it has an evidence for it so for the الشيخ to say الأسل في اللحوم it would have been correct if there was no evidence for it and the matter does have evidence an evidence that makes it so the second type that we mentioned sorry the first time that we mentioned the first time which is مساءل فيها دليل التحريب أو النجاسة أو الفساد فيحكموا بذلك الدليل anything that is there's evidence that makes it or that it makes it impure or it shows that it's corrupt it falls under that when we were talking about الأسل في مياه للطهار والأرض والثياب والحجار we mentioned that so for the because we said مساءل الأسل it is that which has no delete in it there's no delete that makes it permissible and there's no delete that makes it حرام and this one there comes ولداليكة for verily then what is more apparent is that the أسل of meat is حلال the أسل is حلال the أسل is what it's حلال and not حرام as we said before like the water the water is a حلال or is a حرام in أسل the water is in its original essence it's like mixing water mixing water with something that's حلال or حرام what does it take it becomes حرام if you mix water with something حلال and حرام what does it become it becomes حرام the same as if you animal the dog you train and the other one they both are standing there you don't know which of them done it it takes the same rolling did that remove from the water its original essence of permissibility the same way they meet here نعم good and the evidence to show that the meat in its original essence is permissible is the fact that الله said كل أجد ما كل أجد فيما أحيا إلي محرما على طاعب يطعموا إلا أن يكون ميتة الله says كل سي لا أجد فيما أحيا إلي محرما على طاعب يطعموا إلا أن يكون ميتة the sharia only gave an exception from which one unless it's dead it's a dead animal or in another ayah الله says وما لكم وما لكم أن لا تأكل مما ذك رسم الله عليه وقد فصل لكم ما حرم عليكم إلا مضظرتم إليه so this ayah what is also show أن الأصل هو الحل والجواز في اللحوم المأكولة وأن التحريب مستثناء those two ayahs the first ayah وصورة العنعام ayah ayah 145 and the second was ayah صورة العنعام as well so they both show what that the sharia gave an exception he gave an exception that the only ones that are haram from the food and from food meat is whatever the sharia says نعم that's what it is نعم the other evidence that shows that the actual meat is the hadith of Aisha رضي الله تعالى عنها بخاري narrated it Aisha رضي الله تعالى عنها she said that the prophet was asked about the meat اللتي يؤتى بها إليه the meats that are brought to the prophet ولا يدري they don't know the meats that Aisha رصول الله are brought we don't know if Allah's names are mentioned in or not and they give it to the prophet he eats himself هل دك رسم الله عليها أولا Allah's name has it been mentioned or not the messenger said سم الله علي أنتم وكلو you guys say بسم الله eat it and this fact that whether they said بسم الله or not it's doubt we'll stick with the certainty and that it's permissible you can eat it very good then the author said he said after that وَنَفْسِ what does he mean by the nefs he means الأسلف in nefs the asal regarding people's nefs their soul their it's the fact that it's haram you can't kill anybody the asal is that the person a blood can't be spilled from anybody إلا بدليل من الشارع unless there comes an evidence from the sharia that permits it you can't transgress on anybody you can't exceed your limits towards anybody the people's blood is what it is impermissible for you to touch unless there comes an evidence that permits it and the evidence for that is the statement in the Quran that backs this قاعدة this principle الله says ولا تقتلوا أنفسكم don't kill yourselves إن الله كان بكم رحيمة الله also says ولا يقتلون النفس التي حرّم الله إلا بالحق they do not kill the souls in which الله تبارك وتعالمين حرّم from them unless there's a a hack in it unless there's a a hack in it so you can't kill anybody unless there is an evidence that permits it for you also the messenger صلى الله عليه وسلم said in the hadith بقار المسلم narrated لا يحلّ دمرو المسلم إلا بإحدى ثلاث الثيب الزاني ونفسه بالنفس وتاريكوا لدينه المفارق للجماعة the messenger said it is not permissible the blood of a Muslim unless there's unless three situations الثيب الزاني the person after going through marriage he commits Zina ونفسه بالنفس a person who killed another person and the third one was وتاريكوا لدينه المفارق للجماعة the person who kills what a person and the third one which is a person who leaves the religion of Islam and also the prophet he prohibited the mu'ahid from the the zimmiyeen to be killed then believe disbelievers who have contracts or who those who we have contracts in their lands the messenger said من قلت المعاهد لم يرح رائحت الجنة anyone who kills a person who has a covenant who kills that person the prophet said he will not smell the fragrance of jannah so spilling blood is haram unless there comes an evidence that makes it what permissible it makes it permissible نعم for example the magician as well you can kill the other evidence is that permitted the prophet said حدوا السارحي حدوا الساحري sorry حدوا الساحري the the count to punishment among the of the magician is ضربة بسيف that is killed as it narrated in the sunan نعم also the murtad the one who apostates he's also killed as the hadith of the prophet من بدل دينه فقتوله فاقتلوه. anybody who changes his religion, kill him. نعم. الأصل في الأموالي. The original essence in terms of people's wealth is حرام. People's wealth, you can't transgress on it. And you cannot exceed your limits regarding people's wealth. And the permissibility, many text and evidences indicate that. That you're not allowed to exceed, you're not allowed to transgress on people's wealth. الله تباركوا تعالى يسأل يا أيها الذين آمنوا لا تأكلوا أموالكم بينكم بالباطل إلا أن تكون تجارة عن تراضي منكم. Allah says, do not eat each other's wealth based on part of falsehood. Unless it's based on what إلا أن تكون تجارة عن تراضي منكم. Unless it's based upon both parties are pleased with it. أصدر مسئلة صلى الله عليه وسلم. أصدر مسئلة صلى الله عليه وسلم. أصدر مسئلة صلى الله عليه وسلم. إن دماءكم وأموالكم عليكم حرام. Your blood, your wealth are haram from one another. The author then said, the author says رحمه الله تعالى الأصل في الأبضاع واللعومي والنفس والأموالي للمعصومي. So the person who is a معصوم is one, what? It is the one who is, you're not allowed to kill. He's called a معصوم. His blood can't be touched. But the معصوم who leaves أصمة who is the one who leaves that is the محارب who fights with the Muslims. He's fighting with the Muslim. Their wealth, their blood becomes permissible when dealing with them in a battle. In a battle in which the two armies meet each other and they are fighting, then the wealth is taken from them and they are also fought against. They are also fought against. Allah said in the Qur'an in Surat Al-Ahzab ayah 27. Allah says أورثكم أرضهم وديارهم وأموالهم وأرضهم لم تطأوها. And Allah also said in Surat Al-Anfāl أيوان يسألونك عن الأنفال قولوا أنفالوا لله والرسول أصول الله سبحانه وتعالى وعلموا أن مغنيمتم من شيء فأن لله خمسه. The Prophet also said من قتل قتيلا فله سلبه. Anyone who kills a disbeliever anyone who kills him, he takes what that disbeliever is carrying. He takes it. And of course it's all in a it's all in a battlefield not on the streets of a country or the roads. It is in a place where there is a battle taking place and the Muslims and the non-Muslims are both fighting one another.