 تبطه آدك الأيام فتا هذا يقوم بلا تأخذ الآخس من المساعدة و يجب أن تقوم بلا تأخذ الآخس من المساعدة لأنه لماذا؟ نادير فلغالب لا تلتفت إلي شريعة الشريعة لا تقوم بلا تطبيق أكثر من مجرده لا تطبيقه سيكون مثلا من here right now إذا كان فلغال بيقول نمع الزراعة العنب سنوقفه بأطناء لأنه يتخذ من الخمر لأنه لا يتخذ من الخمر لذلك الالكهول لا يتخذ من خمر لذلك الالكهول لا يتخذ من خمر لذلك الالكهول لا يتخذ من خمر قيلة it would be set to him هادي وصيلة تفدي إلى هذا المحرم ناديرا هذا الذي تتوقع right now which is that means of stopping it will what it will rarely make a pass reach objective it's rare فحين إذا لا يلتفت إلى كونيا وصيلة إليه so we don't really give that observation to it and we don't say that this is a وسيلة بحكم المقصود هنا لندر تتقاذ هذه الوسيلة هذا الأمر وسيلة لهذا المقصود نعم the third one is وسائل مفضية إلى المقصود غالبا it is a وسيلة that makes you reach your objective a lot of the times غالبا majority of the times وهادي مسألة this this one falls under this one falls under the proof regarding closing off the door of what something that's going to lead to Haram and so the question that arises here is does it take the ruling of its objective because it does it a lot اختلف الفقهات فيها they disputed one another on this issue and the evidence for this is what the evidence for the example sorry so the example for this one is what selling grapes to what to factories who make alcohol or selling weapons at times when there are trials and tribulations between the Muslims the ظاهرية and some of the شافعية and some of the حانافية they took الى انه لا تصدد الظرائح حينئذن they took the villa it is not ولا يحرموا عليها بالتحريم انو كمك حرام ولا مانع من بيع العنب في هذه الحالة they said there is no problem you can sell the grapes the grapes and and the evidence that they used بأن الأصلة في هذه الأفعال الجوازي والحلة the original essence was that is responsible ان الله تبارك وتعالى سيزين القرآن فإن تنازعتم في شيء فردوه الى الله والرسول الله also says ومختلفتم فيه من شيء فحكمه الى الله that's the view the second view they said في المسألة بأنه يحكم في هذه الوسائل بحكم المقاصد it takes the rulings of its objectives ويحكم على الوسائل المفضية الى الفساد غاليمة بالتحريم because the majority of the time it leads to this they said the ruling is haram and the evidence that they used on this issue is قد سد الضرائع المفضية الى الفساد غاليمة that the Quran when it's observed it closed and it blocked many doors of things that lead to harm majority of the time not necessarily all the time غاليمة في كثير من المواطع like Allah said in the Quran ولا تصبوا الذين يدعون من دون الله فيصبوا الله عدوا بغير علم do not insult those people who call on to other than الله because what's going to happen they're going to insult Allah based on ignorance of themselves so Allah prohibited what the insulting of the idols of the مشركين why because it will lead to لأنه يفدي الى سب الله it will lead to Allah being insulted and الله تبارك وتعالى him to be insulted is haram so they said anything that leads to haram becomes haram and they also used في سد الضرائع زيادة التمسك بالنصوص other examples from the issue of سد الضرائع this issue of blocking and stopping some means that will lead to what نعم we understood that now and it seems that the second view is stronger the second view which is the view of the مجمهور and they are stronger and they are more befitting we spoke about وسائل and we spoke about مقاصد we now need to speak about زوائد زوائد are the things that are they complete something they completed فإنها في أصل السواب وأما بالنسبة للزوائد والأمور المتممة things are زوائد are complete فإنها في أص السواب والعقاب تأخذ حكم ما هي متممة له that the answer is that the reward and the punishment is taken by the rolling which it completes it takes فراجح من المسجد إلى البيتي فراجح فراجعوا من المسجد إلى البيتي يكونوا مثابا على هذا الفئة ولكن في التحريم هل الأمور المتممة المحرم تأخذ حكمه the one who walks from the masjid the one who walks from the masjid who goes towards his house does he get a reward for it because this is an additional thing زيادة it's not a وسيلة it is not a مقصد it's not an objective he's just coming back it's an additional thing yes it in terms of reward he gets a reward for it but the question is هل الأمور المتممة المحرم تأخذ حكمه but what about if the issue the is هل الأمور المتممة المحرم it completes the does it take it's ruling we say this is of two types this is of two types the first one is أمور المتممة المحرم that it is completing a haram in its essence this one it takes it's ruling and it's a sin the second one is متممات للتخلص من الحرام it completes it to get rid of the haram فهذه لا تأخذ حكمه this one doesn't take it's ruling and an example for this is المحرم إذا تذكر أن على بدنيه مخيطا فإنه ينزع المخيط فهذه النزع للتخلص من المحرم ووناك مسائل يقعد تردد فيها هل هي من هل هي هل هي من متممات الحرام التي من جنسه أو من متممات الحرام التي يكون للتخلص منها the man he gets rid of what something that completes like a thread he gets rid of it that falls on his clothing he pulls it off is this him getting rid of it get rid of it a thread what are you not allowed to do you're not allowed to take your bed you're not allowed to but the thread is just an additional part of the clothing فهذه لا تأخذ حكمه this one doesn't take it's ruling it doesn't take it's ruling and there are other مسائل which the scholars dispute one another is it from the متممات الحرام or is it from his jeans or is it from the متممات التي تكون التخلص منها for example a man who had intimacy with his wife in the month of Ramadhan نعم فأذن المؤذن فنزع من كان يجامع زوجته في رفير رمضان في ليلة a man who is having intimacy with his wife in the month of Ramadhan nighttime and then the so he pulled back فهالين نزع من جنس الوط for him to pull back is it from pulling back from the jinns of the wot the intimacy so based on that فيجيب علي الكفارة ويبطلص يامه and his fasting becomes what impermissible and incorrect and then a kafara is placed on him because he becomes obligatory on him or do we say it is نزع للتخلص من الوطي and it is based on that argument and there is not going to be on him any kafara and there is not going to be on him any fasting so the تصور of this issue is a مسألة which is خلافية here is the خلافية is تحقيق المناطل مسألة and inshallah the issue of تحقيق المناطل مسألة تنقيح المناطل مسألة تخرجو المناطل مسألة all three of them will take inshallah in the upcoming points what's the time the author he said والخطأ والنسيان والخطأ والخطأ والخطأ والخطأ خطأ خطأ two meanings are made by it when we say خطأ يراد به مع نيان the first meaning is it's the opposite to what صواب it's the opposite to say correct إذا الله تعالى إخوة يوسف عليهم السلام وعليهم وعلى نبينا عليهم وعلى نبينا صلى الله عليه وسلم that يا أبان استغفل لنا ذنوبنا إنا كنا خاطئين كنا خاطئين خاطئين here means what على خلاف الصواب we're opposite to the correctness وصم الفاعل من هذا المعنى خاطئ وصم الفاعل من هذا المعنى خاطئ خطأ اسم فاعل of it is in its meaning خاطئ the second one is what عدم القصد للفعل the second meaning that it carries is when you don't intend to do an action for example you say أخطأ فلان it means أنه لم يقصد الفعل he didn't intend the action and he didn't intend this matter as Allah said in the Quran وما كان لمؤمن أن يقتل مؤمنا إلا خطأ خطأ هي اسم فاعل منه مخطئ خطأ واسم الفاعل منه مخطئ the author رحمه الله تعالى he means the second meaning not the first meaning because it means ضد الصواب he means عدم القصد للفعل والخطأ a person who does something unintentionally لا يلحق به الإثم a sin will not be placed on him if he didn't intend to do something a sin will not be placed on him بدلالة عدد منه للنصوص based on a lot of evidences الله سبحانه وتعالى إذا ربنا لا تأخذنا إنسينا أو أخطأنا أو الله لا تتوقفنا لشيء that we have forgotten أو شيء that we did not we did not done by we did unintentionally by mistake الله سبحانه وتعالى في حديث نويت سبحانه وتعالى الله سبحانه وتعالى قد فعلت I have done that for you meaning I will not hold your account for something you have done out of forgetfulness and I will not also hold your account for something you do unintentionally also الله تبارك وتعالى سنني آية وليس عليكم جناح فيما أخطأتم به ولكن ما تعمدت قلوبكم وليس عليكم جناح فيما أخطأتم به there is no harm or blame on you in something you have done unintentionally ولكن ما تعمدت قلوبكم but wherever your heart done it intentionally God held account for all also the hadith in the prophet as-salamah where he said الله تبارك وتعالى he has forgiven my ummah the prophet said there خطأ that which they do unintentionally نسيان something they do out of forgetfulness ومستكره عليه and that which they are burdened into doing they are put on the duress and they do it this hadith the scholars they disputed its authenticity إمام محمد بن حمبل the view that this hadith is weak and other than إمام محمد they strengthened this hadith they what? they strengthened this hadith from this scholars that strengthened it is إبن عبدالهادي رحمه الله الإمام الحاكم الإمام الذهبي إبن حبان they all authenticated it because يقوي بعضها بعضا that this hadith strengthens one another if that's the case then that if a person does something unintentionally الله تبارك وتعالى will not place a sin on him and he will not gain a sin from it that's the first part الله has uplifted it from the person's shoulders which is held against him but the second part of the debate is a question which is what? if a person sin won't come to him then is he is there عليه الضمان or لا يترتب عليه الضمان can he be questioned for the thing that he done unintentionally he didn't intend to do it he did something unintentionally can he be requested for the consequences of his actions can he be asked for it there's no sin on you الله isn't going to hold you account because الله said we agree that Allah isn't going to hold you account but the question is أخي you hit my car with another car can the person say I want my rights from this the scholars they say إن الخطأ كان في حقوق المخلوقين if it's because of a person a creation it cannot get out of these two situations it's either one of these two scenarios the first scenario is the person is fully permitted he's been given permission to do this thing you gave him permission in the original essence of this action you had permitted him to do it but a shortcoming an unintended action occurred from him or an unintended consequences occurred from something he didn't intend in that particular way for example a doctor he did something wrong the scholars they say he doesn't have to pay whatever shortcoming he does the second one is no one's given him permission for the action he wasn't permitted he's going to be asked he's going to be asked for whatever he's caused and whatever came out of his action so anyone an unintentional action and he took somebody they destroyed their wealth scholars one speech they all said that he has to give back what he destroyed so nobody permitted for him to take the car he just took the car with his own mind he drove it he broke up the car and if he killed somebody there's deer involved there's blood money and the wealth in which he destroyed he has to bring it back as for if the mistake that a person did and the shortcoming it occurred in the rites of Allah there's no capital punishment but the question is does he have to pay for the consequences of what he done if it's Allah's right we say لا يخلو الحال من أمريني again it comes back to two situations we've spoken about the creation now we're talking about the creator two situations the first one is if no destruction is occurred from his action there's no destruction there's no expiation on him that he has to pay all the money he doesn't have to bring back anything and that's the view of the majority of the scholars and in the example it becomes clear for example a person who who places a cloth over his head and he's in a state of what and when you're in a state of you're not allowed to put anything on your head he did it out of what he did it out of out of out of forgetfulness or by accident فلا كفارة علي unintentionally he placed it over his head فلا كفارة علي there's no expiation on him وكذلك من لبس المخيط خطأ لا كفار علي or a person who wears clothing in a state of إحرام he puts trousers on there's nothing on him good حقوق الله إذا كان في إتلاف something goes something is destroyed something you got rid of for example a person cut his nails he took something what did he take now his nail off himself or he took his hair or he killed an animal whilst he was in a state of إحرام the scholars they disputed this one is there a on him because of the nails that he took or that he cut is there something required from him there are two views the first view they said there is no on him and our evidence for that is الله said in the ayah ومن قتلهم منكم متعمدا فجزاء مثلما قتل من النعم مثلما قتل من النعم الله تعالى يسأل in the ayah all those of you who believe do not hunt whilst you're in a state of إحرام then Allah said whoever kills amongst you deliberately so underline the word deliberately then Allah تعالى يسأل فجزاء مثلما قتل من النعم upon him is what he has to bring an example of that which he hunted so Allah conditioned deliberately so they said this shows that if he does it by accident there is no demand on him there is no demand because Allah only understood it from the مفهوم المخالفة this is called دلالة مفهوم المخالفة the second view they said the second view they said بأن يجب على المخطئ في حق الله تعالى that it's upon the person who does something unintentionally even if it's the right of Allah إذا ترتب على خطأه إتلاف الضمان that is if he takes and he gets rid of something there is a ضمان on him and there is a kafara and they used many evidences and the evidences that they used was the speech of Allah ومن قتل مؤمنة anyone who kills a believer خطأ and by accident فتحرور رقبة مؤمنة upon him is what is free the neck of a believing slave he has to take it فقالوا they said جبل كفارة مع كوني خطأ الله obliged upon him كفارة even though it was by what by mistake الله conditioned it on him سبحانه وتعالى and that is the evidence that was used by that party that is what they used the other one is the خطأ and the اكره is what اكره means حمل الإنسان على ما لا يريده ولا يرغبه اكره means is to take a person to something he doesn't want or he has no passion for you make him do something he doesn't want he has no passion he doesn't want to do it and you're making him do it the scholars they say اكره على نوعين ذكرها to put a person under duress is two types the first type is وتنت في الإرادة it is a person who the it removes the caraha as I said is to force somebody to do something in which he has no want or not he doesn't want to do it so it's of two types the first one is that the person doesn't want it at all and his choice so both of them are he doesn't want it at all but his choice is fully taken from him fully he is fully removed from him نعم that is the first one that is the first type the scholars they brought an إجماع they brought a consent that that person that Khalif is uplifted from him under that situation the second one is اكره a person is under duress يبقى معه الإختيار he still has a choice in this issue for example the one who is being given a what he is being told that he will be killed they told him I am going to kill you or they are going to cut his limb or they are going to prison him or they are going to beat him up the جمغور they call this غير ملجئن it is a duress but the person has still a form of a choice the person said if you don't do this I will kill you you see and he is not got you right now you can go and you can come back نعم good the جمهور of أهل العلم they say this one because you have a choice still present he is able to leave off something and he is able not to do it نعم very good the third one that the author mentions which is والخطأ and then اكره and then نسيان نسيان is when a person forgets something نسيان means نسيان is to be heedless of something that was in the mind of the person you forgot something that was there became heedless of it يسقطو يسقطو به الفعل و يسقطو به التأثيم the action is uplifted from you and also the sin is uplifted from you نعم the person is not sinning اذا ترك شيئا ناسيان او فعالا شيئا ناسيان if somebody does something because he forgot he won't be held accountable for it you see and if he does something that is impermissible out of forgetfulness he will also not be held accountable for it عليقا بحقوق الخلق واجبا على الإنسان الظمان وما أتلفه but if he does something out of forgetfulness and it's attached to a human being's right then it's obligated on that person to bring back whatever he's caused he still has to pay back the fact that you forgot it only what so if you for example a person gave you a piece of meat and he said to actually cook this meat for me you see and you went and you burnt the food you burnt the food then this person the forgetfulness that you come with you have to pay back it's very good ومن مسائل الأحكام في التبع يثبت لا إذا استقل فوقاء the author now is talking about an issue called تبع مسائل التبعية the مسائل of the are of types there are مسائل which they stand by themselves they stand by themselves they can stand alone some things they can stand is by itself and another one it can't stand by itself something else is attached to it for example you want to sell an animal the animal you can't sell it because it's a pregnant animal it has another animal in it you are not allowed to sell it separately you can't it takes the rolling of it even the slaughtering it takes the same rolling as his mother so if you slaughter the mother and the animal falls out after the mother it's allowed to be eaten because he's the biha his slaughtering is what is with the slaughtering of his mother this is حكم التبعية it takes the حكمة with his mother it's with his mother and the evidence for this قاعدة is the statement of Allah اصبحت اربتي من الرجال صورة النور آية 31 so the علماء under this one قاعدة and principles there are a lot that we'll speak about in فراعد البهية in more details so the person is not allowed to sell that sheep or that goat by itself separately say the mom I'm going to sell it separately and I'm going to send the child separately they are both together لذا ما تفعله يجب أن تفعله يجب أن تقلقه معاً نعم والعرفه معمول به إذا ورد حكم من الشرق الشريف لم يحدد هنا هو أخوة القاعدة الخمسة الكبرى هذا هو الأخوة أخوة رحمة الله تعالى هو أخوة الأخوة التي تعملها بالنياد هو أيضاً بحقق بأليقينه لا يزوله بالشك نحن نتحدث عن المشقة تجلب التيسير وعادة محكمة now we are going to move on to the custom is implemented the custom of the people are taken on board and it is considered it is given some form of importance والعرفه معمول به إذا ورد حكم من الشرق الشريف لم يحدد the orf is implemented if it comes if it comes a ruling from the sharia but the sharia didn't define it the sharia didn't mention to us what the definition of this is then at that moment what do we do we take it back to the what we take it back to the orf the custom the word orf in the linguistic meaning it means it means something to follow one another it to become apparent and for it to be tranquil لذلك يقال because of that it said اي تتابعوا علي the people followed each other up on this that's why it's called custom generations after generations they've been following each other up on this that's why it's called اصطلاحا technically it means إليه النفوس وتتابعت علي لأن العرف منهما هو مشروع ومنهما يقع مخالفا للشرع it means what technically that which the heart finds tranquility regarding it وتتابعت علي and they follow each other up on you remember when somebody tells you something and another group of people tell you it and another group of people tell you it it gives your heart tranquility and it becomes it gives you that and also the orf is categorized into two which is that which is legislated and that which goes against the شريعة the orf those that go against the شريعة and those which are not against the شريعة and to implement the custom evidences have stood up for this قد قامت علي قدلة عديدة منها many evidences أن شريعة أطانت بالعرف كثيرة من الأحكام قالت علي الله سيز وعلى المولود لهم الله says the children the aboon they have over their father upon him what رسقوا هنة their food وكسواتوا هنة their clothings الله said بالمعروف in good you see الله تباركه تعالى also says وعلى الموسع قدروا وعلى المقتر قدروا متاعا بالمعروفي الله also says ومن كان فقيرا فليأكل بالمعروفي وأي أمان that he is allowed to take from the often money that he has الله only said to him ومن كان فقيرا and he is poor he is looking after an orphan and her parents have died he is the one who is taking care of an orphan الله said to him ومن كان فقيرا ومن كان who is poor فليأكل بالمعروفي he eat that which is معروف how do you know how do you determine what is معروف again it goes back to that فقال صلى الله عليه وسلم أن المسجد قد قلت to her in reply regarding the money that he doesn't give, she said to him خذي ما يكفيك وولدك بالمعروف. Take from him. Take from him. That which suffices you. Take from you that which suffices you and your children with good. بالمعروف. Then those evidences they all show that it backs up this قاعدة. والعرفة لا بد لهم من شوروط الحتى نعملوه. It's important that these conditions are met for the عرف in order for us to say that this عرف can be implemented. وشوروط العرفة اربعة شوروط in their four conditions. When these four conditions are mentioned اسف. I found. Then and only are we allowed to copy or do that custom. We're allowed to. The first one is أن يكون العرف مطردا غالبا بحيث لا يكون مطردا فالعرف مطرد على اطلاق لفضل ريالي على السعودي اما لفضل جنيه فمرت يطلق على المصري ومرت يطلق على الاسترليني. The earth has to be something that is whenever it's set it's always met by that. Nothing else. So it can't be sometimes that it's there and sometimes it falls there. For example the word ريال when you say the real when you say it's something that falls on what. The real for straight on Saudi Arabia currency. But for example if you say جنيه right now in English you say pounds. Pounds can be more than English pounds. It can also be Egyptian. Egyptian their currency is called pound. British is called the British sterling and they're called Egyptian pound. So that it's not. It's not. No. The عرفية is problem. The scholars they don't call that عرف. They don't call that a custom because that's not known for a particular group of people in which they followed each other opponents. So they have another قاعدة for that one. They say that the consideration is put towards what is common not what is rare. And this is very important because sometimes a person can do another and say I promise I'm going to pay a pound. The only thing he says is Egyptian pound. And how are we going to implement this عرف. It's important. Then the second one is غير مخالف للشريعة. That this عرف this custom is not allowed to be in a position to the شريعة. فالمخالف للشريعة لا عبرة له. If it goes against the شريعة it has no weight. We don't implement it. For example if it's from the custom of the people that they build their houses in a way in which the house is open and the cartons are not placed there. You know. The women are seen inside. Then this goes against the custom of that. This goes against the custom of the شريعة. It is not looked into. It is not looked into ثم لا يلتفت إلي ولا تقيد به العقود. It is not looked at. Contracts are not based on it. And also nowadays the custom of the issue of إسبال. Your garment being below your ankles. This is a custom that goes against the شريعة of Islam. It has no weight. We don't implement it. Number three. That the custom أن يكون العرف السابق غير لاحق. That the custom preceded and not something that came later. The fourth one is أن لا يوجد تصريح يخالف العرف. There shouldn't be something apparent that opposes that custom. It shouldn't be. And those in شاء الله تعالى we will speak about it in more details. In شاء الله تعالى.