 الحمد لله ربي العالمين له الحمد الحسن والثناء الجميل وشد أن لا إله إلا الله وحده لا شريك له يقول الحق وهو يهدي السبيل وشد أن سيدنا ونبينا محمد صلى الله عليه وعلى آله وأصحابه والتابعين لهم بحسان إلى يوم الدين أما بعد today in sha Allah we are going to speak about the history of the Fiqh we are going to speak about the history of what we are going to be speaking about the history of Fiqh last week we talked about the Khilaf right dispute and differences right now we are going to be speaking about in sha Allah the history of the Fiqh the history of Fiqh and the development and the formation of Fiqh so we are going to break it into stages the first stage is going to be أصر التشريع is it going to be what أصر التشريع أصر التشريع means the time in where the legislation was happening this is from the time when Nabila Muhammad صلى الله عليه وسلم was sent out until he died صلى الله عليه وسلم that's the first stage of Fiqh this is the first stage of Fiqh and at that time the Fiqh was based upon the Quran and the messenger صلى الله عليه وسلم the Quran at this stage it was built upon the the legislation was coming down and this was it the sunnah was قولية فعلية and تقريرية قولية means the prophet of speech فعلية means his action and the prophet's consent that was the legislation that was the تشريع Nabila Muhammad was alive this was the Fiqh the understanding was taken from the Quran the understanding was also taken from where it was also taken from the it was also taken from the sunnah and when we say from the sunnah we mean the speech of the prophet صلى الله عليه وسلم and the actions of the prophet صلى الله عليه وسلم and the consent all of them were legislations and they were the حكم anybody who had a dispute at the time of the prophet they would refer back to him صلى الله عليه وسلم and the dispute and the argumentation with what it was settled then came the second stage then came الطور الفقي الأول the second stage came which was called الطور الفقي الأول this was from the period of the عصر الخلفاء الراشيدون until the 40th year of Islamic هجرية that was the second stage there was the time of Abu Bakr عمر أثمان and Ali until the fourth 40th year of Islamic هجرية then came the third stage المرحلة الثالثة the third stage which was you can all write this yourselves هو عصر الصغار الصعابة so this is called الطور الفقي الثاني this one says طور الفقي الأول right just change it into الطور الفقي الثاني this is the second stage after the prophet but it's the third stage including the prophet's time this was from the beginning of what from the from the young who from the young صحابة and the senior تابعين until the beginning of the second century so from the time of so this time is this stage is going to be three it's الطور الثاني this is عصر صغار الصحابة until what and the كبارس تابعين and the كبارس تابعين until what time until القرنة أوائل القرنة الثاني أوائل القرنة الثاني the beginning of the first century the second century sorry the early beginning of the second century this is the then came the the fourth level the fourth مرحلة and the fourth مرحلة is الطور الفقي السالس this was the عصر عصر التابعين والأئمة أئمة المجتهدين from so this was the time of the who this is where the poet said إذا قيل من في العلم سبعة أبحر رواياتهم ليست عن العلم خارجة فقولهم عبيد الله عروة قاسم سعيد أبو باكر سليمان خارجة فقهاء السبعة this is where they came from you know the seven jurists of مدينة and the seven jurists of مدينة and the أئمة المجتهدين this is where they started we'll speak about this insha Allah بإذن الله الكريم until what من طلعه القرنة الثاني until what حتى منتصف القرن الرابع so basically this stage is the أئمة المجتهدين from that time which is the beginning of the second century until when منتصف القرن الرابع halfway in the fourth century halfway into the fourth century that's the fourth one the fifth one is أصر التدوين what started أصر التدوين the writing now started authorship started I'm writing started here something happened that wasn't present in this or this time are we all together this is the fourth level right am I making sense brothers are we all together the fourth level that I just mentioned people were taking the Qur'an and the sunnah knowledge was still strong when the fifth started when the fifth started أتقليدو والجمود blind following started this was called أصر التدوين authorship started now all of these people's statements all of these people's views all of their quotes now are placed in books it was rewritten so the fifth stage started which was what it's gonna be دورو which one? الرابع right this was أصر التدوين books were rewritten now here an issue started which is blind following it started it started it started it still wasn't very very strong like that but it worked it started the sixth and the final one was أطور الفقيل خامس are we all together the fifth أطور الفقيل خامس and this was when the Baghdad dropped in the سقوط of Baghdad when Baghdad got taken until today when the issue of the Umawi and Abassi and everything happened this period of time until today is the sixth one does everybody understand that and the sixth one is أطور الفقيل الخامس right the sixth one أطور الفقيل الخامس here it says أطور الفقيل الخامس رابع when does this start this started from سقوط of Baghdad until today if you read books of fiqh this is how they historically divide fiqh into those levels the fiqh at the beginning was what brothers the fiqh at the beginning was زمن النبي صلى الله عليه وسلم this was the best of times الله سلم محمد صلى الله عليه وسلم and the majority of the fiqh brothers where did it really come out مكأ مدينة مدينة the fiqh was more stronger in Medina the حكم and the jurisprudence rulings are more in Medina than it was in Makkah after the Prophet صلى الله عليه وسلم and the time of the Qulafa Al-Rashideen the fiqh didn't go up it went down meaning the knowledge of the religion got divided amongst the people it wasn't restricted to a number of people but it was more spread out into other people's minds whereas at the time of the Sahabas there may be one person or two people or three people individuals who could be said that these were the فقهاء the jurists today many people if they look at fiqh as a what شق شقة الأقوال if the person mentions many different views and this one said this one and this is the view of Fulan and this is the view of Fulan and they think that's fiqh fiqh really is not شق شقة الأقوال spitting out difference of opinions and who said it فق is ترجيح because remember the time of the Prophet صلى الله عليه وسلم where there were opinions and was it the most knowledgeable time yes it was are we all together the time of the companions were there more views or less views the views became more when after are we all together brothers so it doesn't show the fact that you've comprehended and learnt all of the views and you memorised them that you're a فقه all you've done is you're just a you have information but it's to be able to choose from within those views which one is right in a correct method so at this time was the time of the Messenger صلى الله عليه وسلم صلى الله عليه وسلم the Messenger placed principles what did he place principles the way that the Prophet ﷺ placed principles عليه صلى الله عليه وسلم was we're still talking about the first we're talking about the first time okay we're going back to the first this time نبي الله محمد صلى الله عليه وسلم he gave the Quran and he gave السنة and the legislations were taken from there صلى الله عليه وسلم and when he died he left behind principles قواعد as the poet said من يهتدى بهده فقد ظفر ومن يحدى أنهجه فقد خسر تلفي به إلى الفلاح ما خرجا وعن جميع المعضلات ما خرجا فليس خير قطن إلا قرارة ولم يكن من شر إلا حزارة فديننا لم يخل عن حكم على مره زماني لو بدى مع ظلا يعني even though نبي الله محمد gave them the Quran and the Sunnah he gave them قواعد principles that they could use even after he dies that they could bring back things too are you with me فديننا لم يخل عن حكم على our religion has never left a ruling on a particular matter everything إلى يوم القيامة anything that will bring us closer to Allah and anything that will distance us from the Hellfire our religion has told us a way to achieve it are you with me but how did it do it did it specifically mention it not necessarily it doesn't have to it gave you قواعد principles principles that you use like in these principles not everybody knows them فديننا لم يخلوا على حكم على مره زماني لو بدى مع ظلا every muadilat every contemporary issue that happens and the sunnah have principles in it so this is what happened when the prophet died صحابه came أبو بكر عمر عريز أبو بكر's time he had to fight with the المره تدين those who left so عريز's time أبو بكر didn't shine and come out with his with his knowledge and he was responsible of the companions amongst them all he was أبو بكر رضي الله تعالى عنه but at his true time أبو بكر was the leader he was focused on what those who refused to pay the zakat so he was busy with administrating that particular conflict are you with me brothers but you tend to find more thick عمر رضي الله عمر عمر was speaking more on حكام فخية that was brought to him and issues like that رضي الله تعالى رضي الله تعالى عنه here a new form of reference started that wasn't present at the time of the prophet which was what at the time of the process it was only Quran here there was applying a concept called الإجماع but it didn't exist at the time of the messenger because the prophet is there there's no need for consensus but after the prophet died the Sahabas were using consensus because they found it in where they found it in the Quran and the prophet statement the prophet said لا تجتمع أمتي على ضلالة مؤمة do not unite upon misguidance and the Quran mentioned the concept of consensus so here started the consensus the Sahabas would agree on a concept are you with me brothers if you look at Abu Bakr رضي الله تعالى عنه you find something very powerful which was the concept and the Shi'aar the banner of following the Kitab and the sunnah was so strong at the time of Abu Bakr and the Khulafa Al-Rashideen look at Abu Bakr for example when they said to him take Osama Ibn Zaid Osama was only what 16 or 17 are you with me brothers 16 or 17 this is a big army some people have refused to pay the zakah at Abu Bakr are you with me brothers right now do you think it's sensible do you think it's right for 16 Abu Bakr came out with one of the fundamental principles of Fiqh which was شعار التباع he said the prophet did it نبير الله محمد placed this individual and made him the leader of the army I cannot come and take him down who am I to take him down are you with me brothers and Abu Bakr placed a principle which is are set by Allah in his messenger are you with me brothers the benefits and the good is set by who these were Fiqh incidents incidents the Sahabas were very playing does that make sense brothers you tend to see that when I advise each and every one of you to read the kitab إعلام المواقعين by ابن القيم which kitab إعلام إعلام المواقعين this book شعاب دعزين الباس he said it's the book of Islam and it really is it's a book full of for all of this I'm saying to you the all of the all of the you'll find it in how the history was how it all happened where did it all come from and how it came each principle that you see that is being used what brought it about the foundations of the madahib all of that is in its book in its kitab إعلام إعلام المواقعين رحمه الله تعالى so this time was it was the era and the timing of following the sunnah and also making sure that no one goes against the consensus of the of the ummah at this moment everything was just memorized everyone was memorizing the statements and the quotes nothing was written and then what happened some of the scholars they suggested that some things get written especially at the time of رضي الله عنه writing became more prevalent writing became more prevalent it became more clear و لذلك أبو بكر رضي الله عنه he did command people to write at this time it may not be as much as أثمان's time but look what he said to محمد عمر ابن حزم he said to him all ظر look at مكان من حديث رسول الله look at the حديث of the prophet صلى الله عليه وسلم فكتبه write it أبو بكر يقول this أبو بكر رضي الله عنه أبو بكر رضي الله عنه أبو بكر رضي الله عنه but again as I said it wasn't it wasn't as clear as it was the time of عثمان and then even after that here what happened was خلافاء الرشدين they passed away and they passed away they passed away they passed away and this era started which is صغارت صحابة they were the young companions and in age but but senior in what but senior in knowledge they came و لذلك as I advise you I advise you again to read with the علام الموقعين is a recital written by فقهاء الأمصار the recital is called something فقهاء الأمصار what's it called to be honest I was meant to bring it today like in Allah did not create it I was meant to bring it this kitab is called something فقهاء الأمصار the jurists of the world he mentions who were the فقهاء from the companions of the فقهاء until the madahibs came and within the madhabs the students of the imams of the madhabs are you with me brothers that kitab and the kitab by is very good for you to read he was very small you can read it between but Ibn al-qaym was volumes what is it as volumes am I making sense here brothers so you can go back to the names of the I'm referring to here and the the who also dragged into this time are 7 I mentioned the line of poetry إذا قيل من في العلم سبعة أبحور روايتهم ليست عن العلم خارجة فقولهم قاسم سعيد أبي بكر سليمان خارجة these are who these are the فقهاء السبعة the 7 jurists all of the companions knowledge it got united in these 7 men okay in madina are you with me brothers and they were called the 7 jurists فقهاء السبعة are you with me brothers the knowledge of those فقهاء السبعة it went into again you guys have to find those names and do your research those 7 their knowledge it went into the the the heart and the mind of the فقهاء المتو الأربعة that we have today الإمام أبو حنيفة أحمد بن حمبل went into them are you with me brothers الإمام الإمام for example ماليك take from الإمام ماليك took from who the scholars and the فقهاء of what مدينة he did right he took from the فقهاء المدينة and who took from المماليك شافعي took from him and شافعي who took from him أحمد بن حمبل so all of them would go back to where the فقهاء of مدينة then came the فقهاء الثالث which is the صحابة's time until أحمد المتو المتو فقهاء المتو المدهب شافعي and etc and then came the fourth century which is after these imams what started the fourth stage which is now all of that knowledge which is out there writing it documenting it putting it inside books okay this time the authorship was broken into three types write this down the authorship was in three types the authorship was تدوين الفق فق تدوين الفق فق was written مخطال الطح بالسنة والآثار but it was mixed with the prophet sunnah it was mixed with what the sunnah of the who so it wasn't pure fiqh it was like the fiqh and theآثار meaning the quotes of this the prophet ﷺ and the companions and all of them and the fiqh was side by side in one book okay and these are the books of the sunnah right go to the sunnah the third one was the second one was so for example don't think to yourself you're not going to get fiqh from Bukhari are we all together brothers are you going to gain fiqh from لا شك ولا ري بيو صح are you going to gain fiqh from the صحيح بيو لا شك بيو are you going to gain fiqh from the لا شك بيو but it's not a big book are you with me brothers it has fiqh in there but it's mixed up with what it's mixed with hadith it's mixed withآثار and sunnah the second type is الفق مجردا just fiqh now just pure fiqh no hadith and no other and that's how the books that we see today like مختصر القدوري and the كتاب مختصر الخراقي which was the first حمبلي book written and if you look at it's a whole book you're reading but there's no hadith or ayah in there the imam is just giving you what's he giving you he's just giving you the summary and bullet points the explanations are going to give you the evidence for each point are you with me brothers this was what تدوين الفق مجردا from hadith stripped from theآثار number three تدوين الفق مع الدلته the fiqh was written but the evidence was also mentioned with it this one is what you would call الخلافيات or now they call it الفق المقارن what's it called comparative fiqh comparative fiqh where basically these views, evidences are brought and these views, evidence are brought and they're cross checked and then which one is stronger like you see for example like you see in المغلي by are you with me brothers he's being the fiqh and he's being the evidence for it that started but the first one was حديث and fiqh were running besides one another then they said no no no no we need fiqh only in this book and the third one was what and the third stage was huh the fiqh with it's evidences at this stage what happened was عصر تدوين التقليد blind following what happened blind following and الجمود stubbornness started to occur this is in the عصر تدوين the fourth level عصر تدوين التقليد والجمود it started until what منتصف القاني الرابع until the fourth the middle of the fourth century meaning until سقوط بغداد until Baghdad dropped the blind following and the stubbornness started to come people were very hard on their opinions people started to give more importance to the views of the fukahar they started to give importance to the mutoon and we will speak about that إن شاء الله و تعالى every madhab each one we are going to speak about ألمام أبو حنيفة and the books regarding him we are going to speak about who ألمام ألمام ماريك and the books regarding his madhab and they were going to do the same for شافعي and ألمام أحمد رحمه الله و تعالى we will speak about each one إن شاء الله و تعالى but this time تقليد which was not present before that so people started to have stubbornness until the views started to happen which is people wouldn't marry each other off so شافعي would not marry his daughter to a Hanafi and Hanafi would not marry his daughter to a الشافعي all based upon what أراء فقية to some extent it reached it reached تكفير but it reached تكفير and even extremism غلو like the poet said إن الهداية تقى القرآن قد نسخت ما ألفوا قبلها من ما ألفوا قبلها من شيء من كتب فحفظ قواعدها و أصلك مسالكها تسلم قالك من زيغن و من كذب he is trying to praise the كتاب الهداية by مرغياني أن يسد كتاب المرغياني الهداية is like a Quran and if you go against الهداية you will be misguided are you with me brothers and things like that you tend to see تعالق تعالق تعالق تعالق تعالق تعالق تعالق تعالق تعالق and things like that you tend to see تعالق people were very people were dying and they were on their deathbed and they would say أنا شافعي أنا الشافعي and I'm going to be a shafiq as long as I live and I'm advising every one of them to every one of you to be shafiq they were writing in their wasaya they were writing this in their what in their wasaya it reached that point but until today you still see that I remember some messages in the UK forget villages down in Somalia UK I'll do a khutba in a masjid from the minute they see me they're like we're Hanafi we're Hanafi and then once you as soon as you come in they'll tell you we're Hanafi they'll say okay no problem when you sit to do the khutba to do the khutba before the they'll tell you we're Hanafi make sure like whatever you do to everything you have to do according to what the Hanafi way the two madhab that really went against each other specifically were the شافعي and the Hanafi because to be honest the شافعي and the Hanafi were the two madhabs that were really the khutba they were the judges what were they? they were the khutba the judges generally nobody else was a qadi except what no one was a qadi except who qadi was only either a شافعي or a or he was a Hanafi I listened to a lecture by Sheik A.S. it was good in fiqh masha'Allah where you grounded in fiqh and he was talking about why the Hanafila were not do you guys know Sheik A.S. who knows him put your hand up he mentioned why the Hanafila were not qubat why they didn't end up being qubat and he put the word of Ibn Aqil and he said that the reason was because the Hanafila whenever they attain knowledge they turn towards Akhila they didn't like manasip positions remember the qadi qubat the qadi qubat it's a it's a it's a manasip it's a governmental position it can imprison you it can exile you from the land it has authority it's not just a mostly in a local mystery are you with me brothers qadi qubat it's a high level ranked position it's a governmental position are you with me brothers when you are here in Sheik A.S. we got arrested and he went behind bars and the qadi qubat were arresting him they were behind it they passed the fatwa that say he's arrested are you with me brothers I'm making sense here so the qadi qubat is a position it's a position of authority strong position of authority and so the majority of them was the Hanafi and the Shafi'ia well that's why you find the qutub and the khilafiyat majority of it are you directing the Haifa and the Shafi'ia and so Abu Mu'aleel Jouini's father the author of the letters do you guys know the letters you know Abu Mu'aleel Jouini right he's father Abu Muhammad Al-Jouini Abu Muhammad Abu Muhammad Al-Jouini you have to remember one thing are you with me brothers he is he's from the ashab al-wujuh in the Shafi'ia like the father is more stronger then Abu Al-Jouini is not as powerful as the father if a man who has hisoring his opinion he has a position in the Shafi'ia they were brothers they call them ashab al-wujuh will speak about them when we come to the the madhab of All Imam Al-Shafa'iy so Abu Muhammadaj Jouini has a kitab which he wrote against the dispute contested Beijad Al-Shafa'ia وماذا؟ المشاركين وماذا يفعلون؟ الذين يقومون بمكتبه وماذا يفعلون؟ وعند ذلك الشهفية لم يكن يستخدم من... لأن المساعدة الثانية كانت كمكتبا كانت ماذا؟ كانت كمكتبا حتى أبو مضفر السمعاني من؟ أبو مضفر أبو مضفر السمعاني came who was 30 years of Hanafi and I think 20 years or something like that he was a Shafi'u so he repented from being a Hanafi and he became a what? he became a a Shafi'u so what did he do? because he was an inside man he knew everything inside and what the construction was the building and everything he learned so when he came he had one of the best refutations of the Hanafi's مدهب he's he's he's he's with me brothers in Baghdad at a time it reached gold his book for the Shafi'u he's with me brothers على كل حال this period and this time was and stubbornness and hardheadedness then the Khilafa of Baghdad I mean Baghdad dropped until the 10th century the fiqh carried on that way the way that we mentioned but this time some scholars came out who came out? some scholars came out from them some scholars who try to walk away from this Taqleed and this Jumood okay brothers and they work towards HtH and they argued there is HtH just one as as a side benefit as a side benefit from the Kitab At-Tahadith ibn-Ahmati-Llahi by Jalaluddin As-Suyuti Jalaluddin As-Suyuti his time he he claimed that he was a Mujtahid Mu'tlaq Suyuti said I am a Mujtahid Mu'tlaq okay everybody listen I'm a Mujtahid Mu'tlaq and the people they go angry because at that time remember the line following was was set no one was allowed to go out of it the Jumood the Ta'asub is still present today Suyuti said everyone I am a Mujtahid Mu'tlaq leave me alone then they said we want to debate with you and they said how can a Mujtahid Mu'tlaq it doesn't work a Mujtahid has to only follow what he's told to him because the Mujtahid is like a what he's like a dead body in front of the one that's washing it his hand is picked up and everything he doesn't know what he's doing he's dead so only person who can debate with me is a a Mujtahid like me and the people who are judging have to be what a Mujtahid if they say we're being a Mujtahid that's going to debate you and a Mujtahid that's going to be a judge then the debate won't even happen because they agree there are they agree that the Mujtahid Mujtlaq does exist are you new brothers but the point is that this point when Baghdad dropped there came some scholars who worked towards each Tihad from them being Shaykh-ul-Islam ابن تيمية رحمة الله ابن تيمية who died the year 728 ابن تيمية came and his student ابن القيم came they were Mujtahid but we have to understand that they of course they studied the madhab of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of the Imam of الكثير من الناس لا يتكلمونه، لكنه هو حالفي، وحقاً أنه هو كتاب فتر القدير يوجد إجتهادات في حالفي مدهب، ماذا يتكلم؟ يوجد إجازة مدهب في بعض الأشياء حتى أن هذه الثلاثة كانت تقليد، وكانت أخرى، وكانت أخرى وكانت أخرى من العلماء كثيراً من المدهب وفي هذه الثلاثة التي تتكلمنا من هذه الثلاثة وفي هذه الثلاثة التي تتكلمنا عن سقوط بغداد إلى العصل الحديثي لذلك لقد تكلمنا عن كل مدهب، نحن نتكلم عن كل مدهب إن شاء الله يتعالى، next week we will talk about the conditions of being a faqi and we are also going to speak about the issue of following a madhab next week we are going to speak about كيف تكون فقيهاً، how can you become a faqi and we are also going to speak about the concept of التمدهب we are going to speak about what? the concept of التمدهب