 تفوته آدك الأيام فتا و لا يعني أن أخبره لم يقوم بخبره و rather than the sheikh explained that two lines this line and the line after الشغر رحمه الله he explained it some argue and they say that the author he wrote this in his later lives and that isn't the case he explained it early نعم this قاعدة و يفعل بعض من المموري إن شقة فعلسائر المموري we already spoke about this already before and we mentioned it in our previous explanation which is if a person is unable to do all the obligation he does that which he can do he does that which he's that which he's able to do and there are evidences for that in the Quran and the Sunnah الله سبحانه و تعالى يسن in the Quran فتق الله مستطعتم فيه الله as much as you are able and also the Prophet ﷺ he said حليت بخاري المصلي both narrated ما أمرتكم به فأتوا منه مستطعتم anything which I have ordered you come with what you're able to do from it and as I previously said and I'm going to remind you all the Awamir the commands are three types the first type is إذا لم يتمك للمكلف من فعلي الجميع فعلا ما يستطيع ما يستطيع منه the person is unable to do all of the action he's able to do a particular part of it the person does what he's able to do from this and we spoke about the issue of سطر العورة he's unable to cover all of his عورة he covers what he's كان and the rest إن شاء الله و تعالى فتقوا الله مستطعتم the second type is المأمورات من المأمورات ما إذا لم يتمك للعبد من فعليه من فعلي بعضي سقط الجميع he's unable to do some but the Shari'a came and lifted all of it from him you'll have to do any one of them a person cannot fast in the morning because he takes a medication in the morning he has to take a medication which is vital he has to take it and we don't say okay after you take your medication your fasting starts for you no the whole of the fasting is lifted from him the third type is من وجبت عليه رقبة في كفارة الجماعة في نهاية رمضان و لم يستطيع إلا نصف رقبة سقط عنه وجوب الجميع now is the example for the second type which is a person who can't pay a person who can't pay he can't free a slave's neck he can only pay for part of the slave he can only pay part all of it is lifted from him why would we say half can a slave become half yeah he can there's a slave called he's partially slave not fully slave he's called he's a مملك which is مبعض he's مبعض he's partial two people own him one freed him the other one still owns him so he's half a slave half a free individual you're not allowed to free the neck of that one you have to free a full neck so that's the second type that's the second type the third type is ما يقع متردد بين هذه الأمرين it is the one that falls between the two which two that which is he has to come with some of it which is our امر which are مبعض some of the وجبات are partial if you can't do some you can just do the rest no problem and some of the وجبات are what the commands some of them are if you can't do any one of it all of it is uplifted from you the third one is partial it's half of that one and half of this one the third type is ما يقع متردد بين هذه الأمرين such as the وجو we spoke about that وصل as a person allowed to do وجو and also finish it with تيامم or if it is it all of the وجو is lifted from him the person can't do all وجو is all of the وجو lifted from him and he has to do تيامم fully or does he do the much the ones that he can do the وجو for he uses it and the remaining he uses to him this is disputed amongst the علماء and the reason why they dispute each other is because it is can is it can it enter it can that become divided and listen the sheikh says after that we spoke about this before so slightly anything that occurs after permission is given to you from the legislator and also a permission from the owner of it those two and those are the two types of permission permission from the legislator الله gives you permission for this either the Qur'an mentions it or the sunnah or the owner of this thing allows you to do what you want with it he says you can do what you want with it can the sheikh if it is it the permission from the sheikh from the legislator الله does he lift the liability of this from you are you liable for it can he lift it from you for example لو أذين الشارع اللي العمدي في فعلي من الأفعال أي فعله the sheikh permitted for you to do a particular action he permitted you so you can do this if you want does it lift from you are you reliable for what comes out of it later the problem that occurs good the scholar is replied by saying لا يخلو this answer doesn't it can't get out from one of these two فأي كان إذل الشارع لمصلحة للمكلف المأذون له وبدون أذية من غيره وترتب على الفعل إتلاف مالي للغير فإنه لا يسقط الطمان if the sheikh permitted this issue for a benefit for this individual a permitted for you as a benefit المأذون له the one who has been given the permission وبدون أذية and without a harm من غيره from other than him وترتب على الفعل but the action what comes out of it is what that you're going to destroy the wealth of others the sheikh the legislator cannot lift the ruling from you here an example will make it clear من يضر إلى مالي غيره أن يأكله the sheikh permitted for you because of the مصلحة you're on a death and a living situation the sheikh permitted for you what to eat food you couldn't find except the money of food of some of the others فهذا إذا من الشارع لكن المصلحة المكلف وبعدم اعتدائي من المال فحين يجب الضمان here you're reliable still the permission that the sheikh gave you here to take that person's food person's camel or goat or sheep and to eat it and cook it that permission from the sheikh that permission from the sheikh the reliability is still on you you see it's not him so the scholar they dealt with that in more in more good the second type the second type of the permission from the sheikh is the sheikh this issue that it permitted for you there's no benefit for the person in it or or rather there is in it transgression and harm in terms of من المال from the wealth which is owned فحين إذا لا يجب الضمان there is harm that has transgression from the wealth itself is causing you harm and the sheikh permitted for you to get rid of it this time there is no reliability on this issue for example that would be what if a camel came and it attacked you the sheikh permitted for you that you are allowed to what you are allowed to destroy it you are allowed to get rid of you are allowed to get rid of it and kill it this time you don't have to you are not reliable for it there is no consequences with you you have to base so there is the legislator uplift from you the man if it is a masala in it for you personally which you get from it and there is no harm from other than there is no harm for the wealth or the thing is not harming you it is not causing you no problem but you are destroying the wealth you are eating it then you have to pay back this one the second one and we mentioned an example for that you are hungry the second one is what there is no masala in it for you directly you are not getting a masala from it it is that there is a transgression in it it is harming you the wealth or the issue of the person the thing they own is harming you the Sharia permitted you for you to get rid of it and there is no demand on you in this regard the second type of permission is the the owner who owns this gives you permission for it and he said to you take here is my car key drive, go drive my car أو في ما له في إبه اختصاص فحين قد يجيب الضمان بالإتلاف نقول لا يخلو الأمر من حاليني فحين قد هل يجيب الضمان at this point do you have a reliable for it he takes his key and he says take it go drive there is two situations أن يكون العبد مأذون له في أصل الفعل it is either one of two you are originally permitted the essence of the action you are allowed to do it he gave you the car key and he said go take it and you are a driver you know how to drive there is no demand on you in this issue he said to you here is my car keys go and drive and you are a driver you can drive you are one who can drive he gives it to you go and drive pay attention to this this is tricky he thinks you are a driver meaning he thinks you have got a license you are allowed to drive and whatever pay attention لكن في حقيقة الأمر in reality you are lying you don't have a license and he doesn't know that and you do something to his car you are reliable for it but if you are what you said and he has allowed you to drive his car and you did what he told you to do with the car you didn't mess about with it you did the job and something happens to it you are not reliable it's like him driving his own car like he gave permission to himself to drive his car there is nothing on you a doctor you give him permission he is a doctor he's not got a fake certificate on the wall he is a doctor he has got this qualification he knows this you gave him permission you came to him you slept on the surgery but wherever happens to you and he has taken all the all the what all the precautions and he took something happened to you in the شريعة there is no reliability on him very good the second situation is اللي يكون أهل الإتصرف the person is not the right individual for it تأذنوا للشخص أي تصرف يبدلك you come to a doctor you say doctor you come to a place he stuck a certificate on there and he played around with your buddy he learned on you and something happened to you after thorough research you found out that he is not a doctor he is يجب عليه يجب عليه الضمان anything he should cause harm to he has to pay back was the evidence for that the messenger said من تطببب ولا يعلم منه طب for ضامن من تطبب anyone who did surgery or dealt with people by pretending to be a doctor and he is not known to be a doctor for هو ضامن he is reliable he is held account for what he done أمام النساء بداودي بن ماجأ أنت رقمت الحاكم narrated this وكل حكم دائر مع اللتي وهي اللتي قد أوجبت للشرعة does your say للشرعة there is two copies what does your say لشرعة my business is لشرعة that's where I memorized it before my one says what their one says both of them are the same pay attention this قاعدة is very important and we are going to have to analyze this one as it's the last قاعدة the book finishes there is no قاعدة after it the author straight away لا لا ستغفر الله there are a couple of قاعدة after that sorry there are there are a couple of قاعدة after it sorry there is a couple of قاعدة after it the author what did he say وكل this قاعدة is important why it is every ruling it revolves around the reason it revolves around the reason for example a person killed and another person killed few people killed both of them what they killed you are going to ask yourself the reasoning and the why did both of them killed one was by accident and one was deliberate the ruling revolves around the reason دع الا the cause does that make sense الحكم وصولين they word it differently they say الحكم the ruling revolves around this if it is present the ruling is present if it is absent the ruling is something else this is what he wants to return now so every احكام of the شريع it revolves around what دع ايرون it revolves around the presence of that reasoning and the absence of that reasoning so for you to say this is where it is you are looking to the reasoning if you say this person he is killed has to be killed because he killed the person are you with me okay another person he didn't intend to kill him he is going to be he is going to have to pay what blood money all of that is دع ايرون it the cause are you with me also what is looked at what did they both used to if the one who didn't deliberately choose to if he used a sharp object that all that object can do is to kill it can't do anything else to the person it will kill them so for example he didn't intend to kill somebody but he shot them he hit his heart he didn't want to kill them you see what حكم is it given are you with me another person who used an object that does not kill are you with me but he intended to kill the person with an object that doesn't kill that a person won't die from it he did it the حكام revolves around this the علماء they took about they took about قتل which is خطأ they took about عمد and they took about شبه عمد the one that resembles and they speak about it and then all of those حكام those rulings revolve around it علا so because it revolves around the reasoning we have to understand that علا then properly so the علا the people first of all the مدهب the مدهب regarding the issue of علا is three groups there are three groups that stand regarding the علا first of all there we have the أشاعر we have the معتزلة we have أهل السنة والجبع أشاعر we need to understand they don't believe in the issue of means and asbab they negated they don't believe a سبب has an effect so they negate enough you see the asbab so because of that for them علا a reasoning is just a sign of the ruling it's just a sign it has no effect it's just علابة it's عبارة for them and it has no impact on the issue the معتزلة on the other hand for them it's different the معتزلة believe what that the description the wasp it's part of the essence of the thing are you with me and it might sound a bit crazy to hear this but they believe that me taking a a sharp object right now are you with me sharp object that شاعرة not معتزلة that شاعرة who said that it's just a sign if you take a sharp object and you smack this cup with it what was the علا if I ask you that broke the glass what would you say what was the reason the علا is what you smashing it they believe no are you with me they believe they're hitting and the glass both of them together the breaking was a sign of it there's no such thing as a means لا يوجد it's a sign that the glass was going to break so they took that part the معتزلة on the other hand they said it's a description that affects the essence of the ruling on the other hand what do they mean they mean there's no such thing as قدر when the معتزلة don't believe in the قدر and they negate it and the شاعرة they negate the aspect of the sunnah they affirm both of them for them the علا is what وصف المؤثر في الحقلي بجعل الله by Allah making it سبحانه وتعالى so what did they affirm they were affirmed the سبب and they also affirmed the what the قدر we believe the means and we also believe what و الله destined سبحانه وتعالى good good that's أهل السنة how is the علا found in the Quran if I look in the Quran and I want to find something what is the reason for this can I find it in the Quran yes there are ways and two are the two are points I'm going to mention إن شاء الله وتعالى it comes back to these two it comes back to these two one which is known is دلالة الصريح على العلا it is دلالة صريحة it is clear that the reason for this is this it's what Allah uses in the Quran من أجل كي إن the usage of those words they are examples و الله سبحانه وتعالى he says in the Quran كي لا يكون دولة بين الأغنياء منكم كي لا يكون دولة بين الأغنياء منكم the كي here is كي التعليل that's it's good كي لا بالتعليل it's clear very good life for example when the messenger صلى الله عليه وسلم said إنما حرم ذلك that was made haram for what من أجل من أجل داقا داقا here means what إدخار to store something the reason why it was made haram is for storage من أجل here is the reasoning إلا you see that إنها إنها من الطوافين عليكم الطوافات the word إلا here it shows what دا علّة the reasoning is this so it's like the word كي the word إن the word من أجل they are what دلالة الصريح that's the reason for this is this the next one brothers is it's called دلالة التنبيه على الحكم the first one was what دلالة الصريح دلالة صريحة على العلة the second one is called دلالة تنبيه على الحكم the second time is it's there isn't the usage of the word من أجل or كي or إن but it alerts it brings to the attention ها this ruling for example when Allah He said والسارق the one who steals the mail والسارق and the female who steals فاقطعو قط أي ديهما ديهان قط ديهان look at this الله تبارك وتعالى He described something what did He mention He mentioned the description of the one who robs or steals and the women the female who steals both of them are what a description it's a wasf then الله تبارك وتعالى when did He attached to both of them straight away He attached to both of them as a ruling what is it cut their hands off from them are you with me but what did He used to attach them with it the فا the فا الله used the فا so the علا of why their hands is being cut we took from it is what it's because they stole the علا of cutting the hand this حكم is for what reason because they stole so we learned that anyone who steals we what good the حقائي الله تبارك وتعالى من بدالى anyone who changes his religion فاق تلوه كلم again the شريع attached the issue of changing your religion with killing so anyone who changes his religion كلم و لذلك إمام مشافع He took from this that the man here is the general his generalization right he took it before إمام مشافع He took the belief that if a Jew turns into a Christian he also is killed he changed his religion because the Prophet said من بدالى anyone who changes دينه who is religion whatever religion he has فاق تلوه كلم so it's not an Islam anyone who changes his religion the scholar is refuted إمام مشافع on this issue and they refuted him by saying that is right then that would mean that the Christian that comes into Islam should be also killed the Christian the disbeliever the Christian who turns into Islam he changes his religion and kill him إمام مشافع replied by saying that's أخصه الدليل جنول I have إن الدينة عند الله أل إسلام the religion to Allah alone is what إسلام the fact that the Sahabas came from that and the Prophet didn't kill them is a Dileel the scholar said دليل يوبرت is a Dileel against you how is it a Dileel against you Allah only referred to Islam as the Dileel إن الدينة so that Dile is what's being used here من بدل دينه دين here is Islam only also the fact that the Prophet never ever killed a Christian that became a Jew or Jew that made a Christian he never killed them عليه الصلاة والسلام is evidence to show so so that's the type to know to what to identify from the what is a or not okay that's how to identify good very good now the the reason the striving the that is done by the the for the to take place the efforts that they go through is of three types one is the second one is and the third one is and those are three the second one is and the third one is it's very important let's start with the first one إن شاء الله إن شاء الله the first one is what does it mean it is that as a what أن يكون هناك قاعدة متفق متفق عليه أو منصوص عليه فنطبقها على جزئيتها we have a or we have a text we take that we take that or we take that text and we apply it on all of its sub-branches that's called تحقيق مناطن علا example example the the the legislator what has been permitted it came to accept the witness of a reliable individual isn't that the case a reliable individual do we take his witnessing ha where's the evidence for that الله says واشهدو the way عدلي منكم take a reliable person ha take him as your witness now we got the ayah right we got the text what do we want to do تحقيق مناطن هذا we want to the issue here right now we want to go into them issue right now so we do we do what تحقيق what is the the sharia the ayah that the sharia I mentioned which is what that a person who is reliable you take his what you take his witness فولانه so and so is a reliable person تقبل شهدته وفولانه ليس بعدي so and so is not reliable don't take his witnessing نعم but the question that arises now is who is reliable and who isn't now we need to do it the ayah is correct no doubt it is it's the statement of Allah but now we need to apply this so this is تحقيق مناطن الله we have to do with it what what we have to do with it تحقيق مناطن الحكم so we have to know who who is the person who is what who is عدل reliable this issue is very serious because it takes place here like this pay attention pay attention to this this is very important لو أكلت أنت معا معا انسان you ate with somebody and you ate with them the meat of a camel لا مؤبل you ate a camel meat you stood up and you don't worry your friend over here stood up and he wants to be the Imam and he hasn't done worry is it permissible for him to be an Imam for you you both ate camel meat both of you what you ate camel meat pay attention this issue is very important تحقيق مناطن الله helps a lot you're both together you just eat a camel meat he says to okay we've eaten he stands up you go to do وضوء you come back he hasn't done وضوء he wants to be the Imam is it permissible for him to be the Imam the answer is فيه تفصيل it's detailed but yes or no answer it is إن كان هذا المخالف if this person he opposes you in this issue في أصل الحكمة in the original essence of the ruling he believes that you don't do وضوء from camel he doesn't believe that view he believes that the camel meat you don't do وضوء from it and he believes what you're saying it's abrogated at that point it's permissible for him to be what it's allowed for him to be the Imam for you why because he doesn't see the أصل of the حكمة which you see it right now he doesn't agree with the أصل but what about if he says to you he comes up to you and he says to you أخي the second time you both ate together again he stood up you went to do وضوء you came back and he this time he didn't do وضوء so you asked him why didn't you do وضوء and he said أخي we didn't eat camel meat he's saying to you now does he agree with you in the issue of the حكمة of the camel meat he doesn't agree with you are you with me and he said I agree with you that camel meat it breaks the وضوء but what we ate was a camel meat this we say is now اختلاف في مناط الحكمة at this point because the issue of you and him I debated about is تحقيق مناط الحكمة and it's not في أصل الحكمة not in the original essence of the ruling لا يجوز لك الاتمام you can't take him as an Imam he cannot be that ايمام he has to be the ma'am or if he refuses you pray by yourself and then you see how important this issue is the second type is called تنقيح مناط الحكمة the first one was what the first one was تحقيق مناط العلا the second one is called تنقيح مناط الحكمة what does تنقيح مناط الحكمة mean it means this rule this ruling has many descriptions many characteristics that fall under it many and we say that the description from all those descriptions that have come we say that بأن العلا في هذا الحكمة that the reason is this one from what from all of the other characteristics we have only pinpointed one we don't choose the rest we only speak two to one this is called what تنقيح مناط العلا the word تنقيح in Arabic means it is to take things off from things that are attached to it تنقيح is when you تنقيح شيء to purify it to clean it from something to take everything that is on it an example will clarify all of this so you only take one description مثال اي باسن came to the messenger صلى الله عليه وسلم انا صاري من he came to the prophet in the month of Ramadhan day time and he said يا رسول الله messenger of Allah هلكت I am destroyed وأهلكت I am destroyed فقال له the prophet said to him لماذا he said يا جامعة أهل I had an intimacy with my wife في نهار Ramadhan in the month of what Ramadhan the messenger said to him اعتق رقبه free a slave على حديث حديث كلاكت باي مام مالي كالشافي يا احمد ارقص باي حقي that what is slightly different now المجتهد is going to look at the hadith he wants to identify he wants to find here مناطل الحكم from all of the things that are present what are all the things that are present that he has what he has is that this individual who asked the question is the reason of the علة because he is a man that is something that is there because the hadith mentions انا رجولان تكن بي علة is that the علة here will he say no was it because he was Ansari and that is the علة we say no many things are possible in the hadith okay this is called we have to choose from all of those علة why did he have to sleep why did he have to free a slave is it because he was a man okay is it because he was Ansari okay was it because he had intimacy with his wife no is it because he had intimacy with his wife no is it because he had intimacy with his wife in the month of Ramadan day time yes نعم that is what so what did we do نقحنا we narrowed it down to the علة that's there somebody would come and he would choose another علة and based on the علة he chose his حكم الدفع are you with me he would say anyone who has intimacy in the month of Ramadan anytime he has to free a neck of a slave are you with me you say اخي تنكيح المناط الحكم is incredible good that is called what تنكيح المناط very good the third type is called تخرج المناط تخرج المناط تخرج المناط means this ruling doesn't have no characteristics that fall under it doesn't have it we have to go and bring a characteristics for it are you with me for example the Prophet ﷺ said gold with gold it's ربع unless it is what ها ان ها ان another way it goes the Prophet ﷺ said ها ان ها ان here here here or it is مساوين is equal to the same are you with me so the Prophet ﷺ is saying gold with gold it's ربع a person has an old gold and another person has a new new gold and you say look bro 30 grams of my old gold I'll give it to you or I'll give you sorry I'll give you 50 grams of my old gold and you give me 30 grams of your your new gold because it's the new star one is a bit used it's the second hand لا يجوز why because it's gold and it's gold and both of them the amount is not the same also a person who buys gold from a person but he says I'll give it the money to you in the store لا يجوز it has to be her and the man all of it his hand that does not enter gold you'll buy all at once we took it in what البحيون منحيو the topic that we spoke about in there