 تبطه آدك الأيام فتا يجب أن يضع الحلال و الحرام إلى المال يجب أن يضع الحلال و الحرام إلى الوات الأعيان التي تشريعا ليست محاولة ليست محاولة ما أعرف جيدًا من أصوليين هو أن أحكام التكليفة التي تأخذنا في أصول الورقات التي تأخذنا هذه هي five types of Haqam التكليفة واجب, حرام, مكروه مباح ومندوب أمستحب هؤلاء five هؤلاء what؟ هؤلاء Haqam التكليفة هؤلاء الورقات في which a person has to come with these five forms so they say أحكام التكليفة those five types they cannot be ascribed to things they can't whereas أحكام الوضعية they are ascribed back to things they are ascribed back to the what so how do we get out of this the scholars they have two methodologies in how they reply back to this point or this if this ishkan is brought forward there's two ways to answer it there's two methods there's two ways to take the first one is that we bring it back to the custom and the عرف which is الأصل في الأبضاعي أبضاعية means what the عرف is what أي وطع الأبضاعي intimacy with the private parts so we bring the الأصل في اللحوم يعني في أكلها eating it so we don't bring it back to that the thing we bring it back to the action has been done because the takleaf is what فعل المكلف the action of the the action of the the action of the the action of the the action of the في سفكها in spilling it the أموال we say في أخذها in taking it we always bring it back to the action that's the first method that's the first path نعم and that's based upon the عرف and the custom the second path is that we أن الحكمة يترك على جميع الأفعال المناسبة we don't restrict it to the custom but we bring it back to any action in which it can fall under so for example all of those that we've mentioned any one of them any actions that are done within them that it's حرام and that's the two methodologies that the scholars they take نعم والأسلو the author then says والأسلو في عداتنا الإباحة حتى يجي أصارف الإباحة the author here رحمة الله he says والأسلو the original essence في عداتنا في عداتنا our customs is what الإباحة is permissible حتى until يجي أصارف الإباحة unless there comes what something that diverts it from its permissibility the original custom is that things are permissible for you to do unless there comes an evidence and removes it from the permissibility and this قاعدة it falls under مندرجة تحت قاعدة المذكوري أنفن the قاعدة we previously mentioned which is أليقينه لا يزال بالشك أم أليقينه لا يزول بالشك it falls under that قاعدة the عادات what does it mean here والمراد بالعادات is the intent as meant by the word عادة it means ما لا يتقرب به الإسان it is that which the servant doesn't get close to ويتعبد به and he doesn't worship Allah by doing it he's not doing this action to get closer to Allah or he's not doing this to worship Allah إباحة here as meant by والأسلو في عادات الإباحة إباحة means الإذن في فعل الشيء that they have you have a permission in doing this action or in leaving it we elaborated on the issue of إباحة and the types that it breaks into when we were studying what الورقات it's what we spoke about it there what shows this قاعدة that the أسل in the عادات that is إباحة that is permissible the customs is many texts from the شريعة قوله عزوة جل الله statement هو الذي خلاق لكم ما في الأرض جميع الله is the one who created for you everything that is on this earth and there are those are many texts many many other texts also prove that so as I said the أسل of the قاعدة the أسل of the عادات is what أنها مباحة that it's what it's مباح ليست بواجبة وليست محرمة it's not wajib and it's not haram the أسل of the customs what are the things because the author said look والأسل في عاداتنا ألباحة حتى يجي أصارف الإباحة what does he mean by the صارف the صارف are two types صارف قد يكون بدليل طلب الفعلي وقد يكون بدليل يطلب ترك الفعلي the صارف of something the صارف of the إباحة is the other four types that is a صارف anything that makes it a wajib anything that makes it an أمر sorry أنه sorry a prohibition so أمر which is wajib anything that makes it wajib anything that makes it حرام anything that makes it مكرو and anything that makes it سنة all four of those left are صارف they diverted so remember we said طلب الفعلي وطلبه وطلب ترك anything that becomes طلب الفعلي وطلب ترك and two comes out of each other طلب الفعلي وطلب الفعلي طلب الفعلي واجب طلب ترك comes out of it حرام متحريم and الكراهة those four are صارف they diverted from إباحة something when it's مباح and I say this is مباح until a صارف diverted from it the صارف that comes it can diverted by making it one of those four by making it what by when it is full the evidence is that show is الله تعالى يسر in the Quran قل من حرم زينة الله التي أخرج العبادة والطيبات من الرزق قل هي للذين آمنوا في الحياة دنيا خالسة يوم القيامة الله says who is the one that makes the beauty which الله تعالى he has both for his creation and the beautiful the طيبات the good things from provision who is the one who makes the haram you can't unless there is an evidence for it وصل الله تعالى يسر in the Quran وقد فصل لكم ما حرم عليكم إلا مضرتم إلي الله تعالى he is detailed for us وصحرم so whatever we don't find that Allah has said it's haram the answer is for his permissibility the prophet said عليه الصلاة والسلام pay attention to this hadith بخاري didn't narrate this hadith because he doesn't fulfill his conditions لحما مسلم النسائر narrated it that the mess in the صلى الله عليه وسلم he said إنه من أعظم المسلمين وجورم the people who have the greatest crime who are what من سأل عن شيء a person who a matter he's asked about لم يحرم and it wasn't made حرام فحرما and it then became حرام means أجل مسألتي because he's asking also the prophet said دروني ما تركتكم leave leave what I have left what I have left for you don't ask about what I have spoken about don't speak about it and here a question arises the question is these texts that you guys have brought all of them they indicate that the for wrong is lifted that the that وقد فصل لكم ما حرام عليه إنه من أعظم من ناس جورما لم يحرم لم يحرم فحرما من أجل المسألة. كلهم يتحدثون about lifting the prohibitions. And if the prohibition is lifted, it doesn't always fall to اباحة. It doesn't always fall to اباحة. It can also fall into وجب. So where have you guys got from? Because نفيد تحريم. They say نفيد تحريم المتردد بين الوجوب والباحة. Something حرام is stripping from it. It's between it becoming what? مباح. And it becoming وجب. نعم. Good. The question, the answer إن شاء الله تعالى is إن الإجابة متضمن للتحريم ترك والضد. That the وجب what consists in the وجب is what? Every وجب what consists in it is that this something is that's this the opposite is حرام. Every وجب every وجب that is present. The opposite isn't that's حرام. So example if we say this is وجب we've affirmed automatically what? Within it we affirmed it that there's a حرام which is opposite. But إباحة now. It doesn't fall like that. So it's not the case. So automatically the وجب is already present. It doesn't need to be said. So the only meaning that it can take is إباحة. So the only thing that we can take from that is that the إباحة is what's intended. Good. For example, for example لا يقال بوجوب صلاة سادسة ولا بوجوب السيام شهر آخر غير رمضان وغيرهما من الواجبات لعدم ورودي دليدي بالإجاب والأصل الإباحة كما سبقت الإشارة إلي. For example, we don't say that it's obligatory. We don't say it's obligatory. That there's a fifth prayer unless there comes an evidence. And we can't say that there's a month which is وجب for the people to fast. Other than Ramadan, unless there's evidence. We can't do that. But the أصل is what? Because we've negated وجب, the أصل automatically it can be حرام or it can be what? إباحة. But automatically it's going to fall into what? إباحة. If a person wants to fast any other month fully, he can do it. It's up to him. He's permitted to do so. The author then said حتايا جي أصدقائه. حتايا جي أصارف الإباحة. Until it comes a thing that diverts it from its إباحة. And I've elaborated on that. I just want to mention one thing before I move on from the other to the other قاعدة which is a lot of people, they rely on this قاعدة without having to do any research. And this قاعدة لا يعمل بهذه القاعدة. This قاعدة is not implemented. حتى يبحثوا المجتهدو until the مجتهد who is doing the اجتهاد. He has researched into the text and the evidences which are out there. Is there any صارف in this issue? Is there any what? صارف. He has to observe and look for it. Is it present or is it not? نعم. Some scholars they argue no. He doesn't have to. He doesn't have to because they said that غالبطورظان is enough. غالبطورظاني is enough. Some of the scholars they said غالبطورظان suffices it because he's basing it on that which it's most likely. And we took the evidence for غالبطورظان that it's a that we use it here. And so the person is allowed to use this opposite to the view that says that this is the incorrect view in this matter. But the people who can implement this قاعدة are the what the مجتهدين. As for the general mass, his job is to do what? هاد مقلد. His point is جواب عن عليه سؤال العلمة. He asked the scholars. As Allah said فسألوا أهل الذكري إن كنتم لا تعلمون. Ask those who know if you don't know. وليس مشروع من الأمور غير الذي في شرعنام مذكوري. The author here is talking about that this قاعدة this bait is talk about the قاعدة which is the عبادات. The أصل of it is حرام. Unless there comes an evidence that makes it permissible. الأصل في العبادات تحريم. The أصل of any عبادة it is حرام. Anybody who wants to do عبادة he has to bring evidence for this عبادة. He has to bring evidence for it. You can't wash up Allah with any عبادة إلا إذا ورد دليل من الشارع بكروني تلك العبادة مشروع. Unless there comes you bring evidence for it. And you say قاعدة الله قاعدة الرسول you bring it. And based on the understanding of itself of this عمة. So a person cannot just invent a new عبادة in which he wants to get closer to Allah with it. And if a person does it it becomes what? An innovation. What is it a حرام from? As I said every عبادة it is حرام unless evidence is brought for it. Pay attention. Number one it is حرام. The the أصل of the عبادة بن تحريم is number one in original essence of initiating is حرام. So if a person just makes up an عبادة the fact that he what? He initiated the عبادة. The عبادة is حرام. Now you choose. Good. The second one is the عبادة is there. Are you with me? The عبادة is there. But you initiate. You don't bring a new عبادة. But you initiate a characteristic for it. You do a ذكر in a particular form. The ذكر is already originally in the Kitab and the Sunnah. To remember Allah تبارك وتعالى اوضز us in the Quran and the Prophet صلى الله عليه وسلم mentions it in the Hadith. But the person he makes a description for it. A way. Allah. Allah. Allah. He says that. He makes this سفة. This form which is not found in the text. This becomes a what? It becomes a bid'ah. It becomes what? حرام. الله يدروس. Also or the person something that the Sharia are unrestricted. Just allowed it. For example, the Sharia are permitted for you to do ذكر. And you say I'm only going to do the ذكر. اخصصوها في الزمان. I'm specifically going to do it in one particular time. Are you with me? Like the Sharia I said to you what? شو love to your mom. And show love to your parents. And you say I'll only do it on one day of the year. So try to get closer to Allah with it. Or I only going to show my mom love on a Sunday. Or he says I'm only going to show my mom love when we go back to our country. Anything which in the Sharia it's permissible. But the person who specifies it in a place or a time. The next one is. Or any other than that. All of those. كل هذا من البيعات المحرامة. All of those are innovation in the Sharia. And there is no legislation for it. Then it becomes. Where's the evidence for that? الله تبارك وتعالى سنين القرآن. قل إن كنتم تحبون الله. فتبعون يحببكم الله. Do you claim to love Allah? Are you true about the love of Allah? Then follow the messenger. The answer is itibaع. The answer is itibaع. The answer is not ابتدع. To innovate. The answer is what? Itibaع. To follow. And the messenger. الله تبارك وتعالى. واتبعوه لعلكم تهتدون. Follow him. So you can find guidance. الله وتعالى. قلت كنا لكم في رسول الله. واتون حسنة. The messenger. الله تبارك وتعالى. أمناهم شراعوا لهم من الدين ما لم يأذن بهلا. Good. Also the Hadith of Aisha رضي الله تعالى عنها. مقال المسلم بوثه narrated من أحدة في أمرينا هذا ما ليس منه فهو رد. وفي رواية another wording من أعمل عمل ليس عليه أمرنا فهو رد. Also the Hadith which I would tell you with the termini. With the termini narrated the professor وإياكم ومحتاتات الأمور. فإن كل محتات بدعة وكل بدعة ضلالة. If that is the case we've understood that this قاعدة is a very important قاعدة. This قاعدة protects the sharia from what من التحريف وتبديل. Distortion and tampering with the sharia. If we said that every single person can initiate عبادة he likes. Whenever he feels like it's a good thing. Then this will become a means to what? To change to alter the religion. And it's also a means to describe the sharia as a legislation which is incomplete. It's an incomplete religion. And that it requires us to add things to it for it to be complete. And then it's a means to basically slander the messenger عليه الصلاة والسلام. The final messenger who Allah sent. That he didn't fulfill his responsibility. Or that he did عليه الصلاة والسلام. But this individual knows better than the messenger عليه الصلاة والسلام. He's always insulting the Prophet عليه الصلاة والسلام. The بدعة. The innovation that occur from the people are two types. And they both haram. There are two types like him. Bid'a which occur in the people's actions. It's bid'a. It's an action that the person does. It's not an issue. It's just an action which he's doing. An example would be like that. The man by the name of his name was Abu Israel. He was called. His name was Abu Israel. Bukhari narrated it. That the messenger عليه الصلاة والسلام. He saw a man standing in the sun. The Prophet asked about this man. He said why is he standing in the sun? They said يا رسول الله. That man you see his name is Abu Israel. He made an oath to Allah that he's going to stand in the sun and that he's not going to sit. And that he's not going to look for a shade. And that he's going to be fasting. The messenger صلاة والسلام. He said مروه. Go and order him. Order him to sit down. To look for a shade. But let him carry on his fasting. Pay attention. The fasting is legislative. That's why. He's allowed to carry that on. But trying to get closer to Allah. By doing an innovation. By doing what? By standing in the sun. Say I'm going to get closer to Allah. By standing up all day. I'm going to stand all day. بداع. But this is بداع عملي. It's an innovation. It's حرام. لا يجوز. It's a bid'at on ضلالة. The second type is the bid'a which falls in the person's عقيدة. If it's a bid'a which is عقدي. The person falls into عقيدة issue. Like that which the جهمية and the معتزلة and the خوارج and the شاعرا and the deviated sects all fell into. Which is تواط. They came with an innovation in terms of their belief system. They started to believe in this issue. نعم. Here I have to mention an issue that I've touched on slightly before but I'm going to elaborate on it a bit more. Which is the action which isn't legislated. An action which a person does which isn't legislated. In that which he adds to it. Onto an action which is originally permissible. So for example the صلاة to ظهر is originally permissible. نعم صلاة. But the person comes and he adds an additional رقعة to it. Now the additional رقعة isn't permissible. Are you with me? But the صلاة is it permissible. The four رقعد that he prayed. Pay attention now. This is a قاعد that you need to know. Every action a person adds to something that is originally permissible. Are you with me? A person does an action. On top of something that is originally allowed. Sometimes what happens is that action. That's the first time. That additional thing which you've added onto something. What does it do? فحينا إذن تبطيله it nullifies the original essence of the whole صلاة. The whole صلاة is nullified. All of your صلاة is parted. You prayed four رقعة and then you added a fifth one to it. The whole five رقعة all of your five is gone. Why? Because the fourth one that you have done. Is added and it's with the previous four. They are all connected. This is called زيادة متصلة. It's an additional which is attached. So that all of them goes back in. The second type is زيادة which is مون فاصلة. It's detached. It's not attached to it. And it doesn't go back to the original فعيل. And it doesn't nullify. مثال. A person من توضى أربع رقعتين. Sorry. من توضى اي person who does will do four times. Is meant to do how many times? Four. Three times. Or is allowed to do two times. Or is allowed to do once. So you can know the maximum you can do is how many? Three. What does he do? He does four. فالمرة الرابعة بدعته. The fourth one he added to it will say it's an innovation. لا تعود على الغسلات ثلاثة بالإبطال. But it doesn't go back to the previous three. And it doesn't nullify it. Why? Because it's detached from it. Some of the علماء they use this line of the شيق. وليس مشروع من الأمور غير اللذي في شرعنا. غير اللذي في شرعنا. مذكور. This some scholars they said this right now. The sheikh means something else by it. That the sheikh means the our shari'a. It's not a proof for us. That the sheikh here some scholars they said that. أن المراد به عدم حجية الشرائع السابقة. That the previous legislations are not a proof for us. We don't use them. We can't implement them. Now we have to talk about the issue وشرع من قبلنا. The legislation of the previous nations. How do we deal with it? It's of two types. The previous شرائع. The previous legislations. They are of two types. الأول the first one. The first one. The previous nations what they were legislated. It's two ways. The first one is that which has been transmitted to us. It's been what? It has been transmitted to us. By the nations themselves. They transmitted it to us. They telling us about their own religion. This one we don't use as a proof. Why? Because they are not reliable in their transmission. They are not reliable in their transmission. So we don't take it from them. They are the ones who transmitted it to us. We don't take it from them. The second one is. That which the Kitab and the Sunnah we find in it. That was their legislation. The Quran and the Sunnah mention it. Good. Good. The scholars they divide that one into three. The second type they divide it into three categories that come under it. One. ما أقره شرعنا. That which our شريع are permitted. Eligitated with them. كالصيامي like fasting. Allah said in the Quran. يا أيها الذين آمنوا كتب عليكم الصيام كما كتب علي الذين من قبلكم لعلكم تتقون. The fasting was legislated for them. And it's also legislated for us. We have to do. Number two. ما نسقه شرعنا. Our shari'a abrogated this issue. كتحريم الغانائم. Like the issue of the prohibition of beauty. The previous nations they were not allowed to take the beauties. Whenever they finish a battle they will take their spoils of war and they will place it in the middle of the battlefield. A fire will come from the sky and it will take everything. خلاص. They were not allowed to take anything. And if anyone took something and he done غول. I stole something from it. The fire won't come. And everyone say who took it. Fear Allah. Bring it whatever you take it. You see. Our legislation what did it do? It made that haram. Now we take it. And it made a, would you call it? It made for it. It made for it. A تقسيمات. A categorization. A way it's going to be distributed. Number three. So that second one. ليس شرعنا. It's not legislation for us. It's not a legislation for us. The third one is ما لم يكن من السنفين السابقيني. That which is not from the previous two. Our شريعة did not affirm it. Didn't allow it. And our شريعة also did not what? It didn't abrogated. It didn't abrogated. It didn't abrogated. What is the issue here? وهذا محل خلاف بين الأصوليين. And this is where the big battle took place. What should we do here? ما قره شرعنا. Our شريعة didn't affirm it. And also what? ما نسقه شرعنا. Our شريعة didn't, it didn't what? والأظهر أنه حجته. The strongest it seems like it is that it's a proof. It's a, it's a proof. وسائل الأمور كلمة قاصدي. وحكم بهذا الحكمي للزوائدي. The author now, رحمة الله تعالى, he moves on to the 24th line. He said, he talks about وسائل. المقاصد. What is a وسائل? وسائل الأمور means أطرق المفضية إلى المقاصد. وسائل الأمور means what? It is that the path that would lead you to the objective and the aims that you're looking for. مقاصد is what? It's the objectives. It's the غيات. It is the objective you're looking for. What is ذوائد? ذوائد is that which completes the action. Are you with me? It's the, it's the thing that completes the action. So we have three here right now that the sheikh mentioned. He mentioned وسائل. He mentioned مقاصد and he mentioned ذوائد. وسائل is the means. مقاصد is the objective in which a person wants. And ذوائد is what completes it. As they say, the cherry on the cake. Is that extra point? Pay attention now. This issue needs to be very well understood. If the وسائل, the means, has its own ruling. If the means has its own ruling. For example, it's واجب or it's حرام. Then فإن تأخذ حكمها الأصلي. It takes its original rule which the شريعة plays for it. For example. For example. The man to go through contract marriage. So he can have an intimate relationship with a woman. And to fulfill his desires. This means the شريعة permitted it. The شريعة permitted it. Sometimes it made it واجب. Sometimes it made it what? مستحب. It gave it a ruling. Sometimes it even made it حرام. You see? It made it حرام. So what does the شريعة do here? The شريعة is actually giving it a what? حكم. So we take it back to whatever the شريعة made it. أما بط إذا لم يرد دليل يختص تلك الوصيلة. But if there doesn't come an evidence for this وصيلة. There's no evidence for it. The شريعة hasn't given it وجوب ولا التحريم. What is the issue here? فإن الوسائل على ثلاث أنواع. Then the وصيلة is of three types. Are you with me? It's of three types. Are you with me? Pay attention. A وصيلة that leads to the objective. Click up. It will lead to the objective that we're looking for. We know that this وصيلة is going directly to the objective. We are ending it but so ifs. This one takes the حكم of the objective بالإجماع. Unanimously agreed upon. And this is what the علماء of أصوليين use in other wordings. ما لا يتموا الواجب إلا به فوواجب. That's the one they use it for. نعم. Or they also say ما لا يتموا اجتناب الحرام إلا بجتنابي فووحرام. They say. For example what will be? A person wants to wash his legs. And he can't wash the legs which we can't. Unless you wash a bit of the shin with it. You can't really wash your legs unless the water goes a bit above the shin. So it becomes you can't. So we say فا يكون الغسل ذلك الجز واجب. It becomes what? It becomes واجب. And also within that one is. If that which ما لا يتموا الاجتناب الحرام. It is you are unable to stay away from this حرام except by this وصيلة. You have to do this وصيلة in order to stay away from the حرام. Then the وصيلة becomes what? It becomes something you have to. Sorry ما لا يتموا اجتناب الحرام إلا بجتنابي فوحرام. You can't stay away from this objective, this حرام. Unless you stay away from this وصيلة. Then stay away from this وصيلة becomes something you have to stay away from. فا إذا لم يمكن اجتناب المحرام إلا بجتنابي الأمر الآخر. كان الآخر وحرامة. You can't stay away from this حرام unless something else you have to do. And we'll stay away from that حرام. An example for that is what? إذا اختلطت الأخط بأجنبية. If a sister she mixes up with women. She mixes with them. Better one would be example. My font here is not clear. The best thing would be, for example. A friend who you know that calls you to evil. And something you want. You can't stay away from this evil unless you stay away from this person. So it becomes obligatory for you to stay away from this friend. And not hang around with him. Because it's always going to be throwing you into this حرام.