 تفوته آدك الآيام فتا The author then says و ترجعوا الأحكام لليقين فلا يزيلوا الشك لليقين The author he said that رحمه الله He says و ترجعوا الأحكام لليقين فلا يزيلوا الشك لليقين This place The author رحمه الله تعالى He said و ترجعوا الأحكام لليقين That the Shari'a It goes It comes and it revolves around certainty That's what it revolves around The word يقين in the Arabic language It means زوال الشك It's the removal of doubt Some of the أصوليين they say إِنَّ الْيَقِينَ فِي لُغَةِ مَأْخُذُ مِنَ الْإِسْتِقْرَارِ Some of the أصوليين they say لَا يَقِينِ It means إِسْتِقْرَارِ وَنَ مَتَى سَتْلُتْ إِسْتِقْرَارِ يُقالوا they say يَقَنَ الْمَاءُ The water is still بمعنى إستقرأ And the ones who said that is إبن تيميا and الحموية يقولت الحموية He said that And إبن تيميا said that Technically The word يقين means what تُمَأْنِينَ تُلْقَلْبِ وَاستِقْرَارُ لَعِلْمِ فِيهِ It means That Your heart finds tranquility And it also finds what It settles on knowledge in this matter In your heart You feel like There is knowledge regarding this issue The opposite to يقين The author mentions it Is Doubt And doubt is what يُراد بيه التداخل What does it mean? التداخل is when things Enter onto each other We're entered into each other Matters are all mixed up You don't know which one is which وذلك لأن الشاك يتداخل عنده أمراني لا يستطيع ترجيح بينهما Two matters enter onto each other And he doesn't know how to Distinguish them from one another Or separate them from one another Or differentiate one another From each other From one another He doesn't know The word يقين شاك To technically it means Technically it means تجويزو أمراني فما زاد ولا مزية ليحديهم على سائرها It is Permit him to Both of them are Acceptable to you None of them has As An additional Power over the other for you Not one of them Do you have an inclination Towards over the other That's called doubt Both of them are A possibility to you Now When the author says وَترجعوا الاحكاموا للياقيني That the law of the law Goes back to what? It goes back to certainty Here it may seem like And it might be to some people That the author is trying to say that That the religion doesn't base ruling on ظنو الغالب Assumption which is very high And the author doesn't mean that وَالَيْسَ مُرَادُ المُؤَلِّف That's not the intent that the author wants Rather the author sees that it is permissible رحمه الله That إعمالو ظنو الغالب That we work on high assumptions And the احكام of the الشريعة It does come To work on high assumptions You see In many matters And the evidence for that is In Surah Al-Baqara Ayah 230 Allah says So Allah says If a man divorces his wife فإن تلقى The man divorces his wife فلا تحيل له It is not permissible for him من بعد وحتى تنكى حزوجا غيرا It is a man who divorces his wife طلاق بائن He fully let his wife go He finished all of his divorces on her She is now going She is going through what بينونة الكوبرة Finished it all What does she have to go through? Another man has to get married to her You see Now فإمطلقها If the other man she got married to Then divorces her But then that divorce has to not It can't be an idea Or a plan set by the wife and the husband Like go get married to another wife A husband And then come back to me No That marriage is not considered A permissible marriage If they two go together That man and the woman And they get together Then that is not considered as what Even marriage Their committee is in both of them And the man can't even come back to his wife again Because she didn't even get married So There is no permissibility in that But it means that the wife In a genuine way In a genuine way What does she do? She goes And gets married to another man And she just doesn't want to be with that man anymore She doesn't want to be with him And remember the condition is that حتى يذوق عسيلتها ويذوق عسيلتها They have to have a relationship with one another Intimacy has to occur But if the woman Has in her brain And she goes to her husband And says إن شاء الله تعالى I'm going to get married to this man And I will deliberately leave him for you If she says that And she comes to him And he gets married to her Is that permissible? Yes, it's permissible And that marriage is right There's nothing wrong If she came with the idea And he did not input anything towards it If he didn't say to her Do it If he didn't Ha But with the condition She has to go through Intimacy and relationship with what? She has to go through Relationship with the other man نعم فإن طلقها If then she The her and that man go separate ways Allah says فلا جناح عليهما There is no harm on both of them اي تراجعة to come back to each other But Allah says something إن ظن If they both have what? High assumption اي قيمة حدود الله That they will both fulfill Allah's boundaries and limits That they will both fulfill each other's responsibilities That they will not go against Allah's religion That they both will So Where did Allah Conditioned this ruling of permissibility on? فلا جناحا It is no harm No problem If they do that But with what? إن ظن So what we say is فعول بالحكمي على ظن The ظن is what's been made The ruling on here right now Good And the ظن here means what? ظن means اهتمال الراجع We took it as صول الفخ It's اهتمال الراجع It's the two views You have the stronger one 60% 70% You believe it And also the messenger صلى الله عليه وسلم He himself He did the same In the authentic hadith The Prophet صلى الله عليه وسلم He said لا ظنه I do not think انفولانا وفولانا I don't think so and so يعرفان من دينينا شيئا I don't think so and so I have any knowledge of our religion The Prophet said this He said I don't think So and so I have any understanding of our religion I don't think they do نعم So the view of the جماهير اهل العلم The majority of the scholars is that ان ظن الغالب يعمل به مطلقا That The اهتمال Which is راجع The high assumption It is implemented Unrestrictly It is permitted نعم مطلقا But the ظاهرية ظاهرية They believe بأن ظن That the ظن It is it's done It is implemented But in one particular place only في تحقيق المناط المسائل They only believe that ظن is only used When there is ان شاء الله تعالى تحقيق المناط تحقيق المناط تنقيح المناط We'll take that ان شاء الله تعالى Later But they say It is only allowed When there is When they when we're doing تحقيق المناط نعم That's the only time When it's allowed And For example, they say If witnesses come To witness on a matter They said This is a ظنية The witnesses there But it's a ظن They could have seen wrong They could have thought it It's still They said that's no problem But they said It is not That's called what That's called تحقيق المناط المسائل As for ادلة الحكامة شرعية The evidences of the شريعة To use on that To use that for what To use that For ظن As high assumption They said no And based on that They rejected قياس and analogy They rejected it انا عام And Other matters like that ولذلك العلمة محمد الأمين الشانكيطة رحمه الله In صورة الأعراف I advise all of you To go to it أضواء البيان محمد الأمين الشانكيطة رحمه الله He refutes ابن حزم On the issue of قياس محمد الأمين الشانكيطة رحمه الله That the قياس The first person who did it Was إبليس عليه العين الله When he said قلقتني من نارين وقلقتهم من طين Oh Allah, I'm better than him And then what did he When he said Oh Allah, I am better than Adam What was his analogy My original essence The reason why I'm better from him His analogy is what The reason why I'm better than Adam Is because what I was created from Is better than what Adam was created from So ابن حزم says أول من قاس The first person who ever done analogy Is Iblis So based on that He refutes analogy And that analogy Shouldn't be used ابن محمد الأمين الشانكيطة In his أضواء البيان He has a very nice research Of that matter Inshallah Go back to it So to us Inshallah أتعالى مدهب الجمهور أقوى من جهة الدليل السابقة That the The جمهور are more stronger Based on the The ayah That I just gave you In Surat Al-Baqarah And the Hanith Of the professor Allah عليه السلام In which I brought The author then says In that same Line of poetry He says فَلَا يُزِيلُ شَكُّ لِلْيَقِينِ Doubt Cannot remove A certainty Doubt Cannot come And remove certainty This is very important For example A person Doubt comes to him After there was certainty Of a matter But then doubt comes And he's like Oh I don't know Doubtful To us What do we say? We will say Based on the The shari'a فَإِنَهُ لَا يُلْتَفَتُ إِلَى شَكُّ Don't look at that doubt No Stick to what you had already Which is the Certainty And this is very important That a person understands Understands this But then This is important A person Has to have had what? The person has to have The person had Certainty That was present فَلِيَقِينُوا ثَابِتُ The certainty which was there Then the doubt Is something that came later We stick with what's already there Which is the certainty And forget the doubt So a person says I have wudu I know I made wudu I am certain I had wudu I am now doubtful Whether that wudu is gone And if you check Did I break it? Did I not? We will say to him Now there is certainty there Which is what? The wudu was there The doubt that's saying That that wudu is gone Cannot remove the certainty That's already there It can't So we won't look And we won't give no attention Towards what? The doubt We will stick to the certainty That we have And we will stick to it What's the evidence For this قاعدة? Many texts From them is قوله تعالى صورة To Yunus Ayah 36 Allah says إما يتبع أكثرهم إلا ظنن إن ظنن لا يغني من الحق شيئا أن نسبيع من الله تبارك وتعالى إن يتبعون إلا ظنن وإن ظنن لا يغني من الحق شيئا And also صورة النجم ayah 28 And also The hadith of عبد الله بن زيد Which is in صحيح صحيح البخاري المسلم That the Prophet صلى الله عليه وسلم That he is doubtful رضي الله تعالى That he is doubtful إلى النبي صلى الله عليه وسلم الرجل يجد شيئا في الصلاة That the messenger عليه الصلاة و السلام He was told A complaint was brought to him That a man He finds a noise Sorry A man He finds Doubt in his heart When he is in the prayer He thinks He is in a state of doubt فقال النبي صلى الله عليه وسلم The messenger said لا ينصري for the person He is not allowed to exit that prayer حتى يجد ريحا Unless he receives a wind Oh يسمع صوتا Or unless he hears a noise Don't leave it Meaning stick with the prayer Because some people have waswas نعم And also The messenger صلى الله عليه وسلم He said إذا شك أحدكم في صلاة فلم يدري أصلاة ثلاثة أو أربعة فليضرح الشك وليبن على اليقيني The messenger said If one of you doubts In his prayer Did he pray three or four The prophet said He should toss the doubt And get rid of it And He should stick with the certainty This قاعدة Which is ألياقينه لا يزولوا بشك This قاعدة Is a قاعدة المهمة It's a very powerful principle Very And he enters a lot of the chapters of the The religion Or فق Rather A lot of Rather A lot of matters pertaining to قواعد الفقية are connected to this قاعدة They're connected to this A lot of matters are For example The matters that fall under it Are mainly three إن شاء الله تعالى They're categorized The قواعد that fall under it Are categorized into three The first one is مسائلوا يتفقوا على دراجها في القاعدة ويتفقوا على حكمها Matters and issues That are agreed upon Falling under this قاعدة ولماء are unanimously in agreement That This issue falls under this قاعدة Which is ألياقينه لا يزولوا بشك And Also its ruling is agreed upon Also its ruling is also Agreed upon For example An example for that The first type is what? A person who Is in a state of impurity And من كان محدثا في الصباحي A person who in the morning He had impurity ثم شك بعد ذلك And then after that He has a doubt How طرأة الطهارة علي هل توضأ بعد ذلك He starts to think I was impure Did I go out of my way And do a look The certainty that's present here is what? It is that he knew he was impure The doubt here which is what? That he thinks that he has purity فلا يلتفت إلى الطهارة Don't look at the purity Don't even think about looking at the purity Why? Because the doubt which was there is that impurity Will stick with what was already there Another example is A person ألياقين أنه لا يجوزوا وطول أجنبية A person is certain That it is not permissible To have intimacy with a foreign woman That's not your wife It's not permissible نعم The person has a doubt now Did the marriage take place between me and this woman? Did this mean Me and this woman Did we get married? فلصل أن الأجنبية المحرمة ولا يجوزوا وطولها The answer is that We are sure that the woman who is a أجنبية A foreigner from you She is Haram You are not even sure If the wedding took place Or the أقد النكاح Or you don't know If the أقد النكاح You and this woman Have been married off to each other You don't know It's weird Who would be absent-minded But it's an example So that example is We are certain That it is not permissible To have intimacy with a woman Who is a foreigner We are certain about that But we are in doubt Whether you got married to this woman And your doubt is all about it The shak here right now Is going to The certainty is going to be stuck to Which is that It is Haram For you to have intimacy with this woman Now The second type Is The scholars are unanimously in agreement That this Issue falls Under the But they are disputing Whether the ruling is the same Or they dispute What Well And the The ruling In which is going to be placed In this matter They dispute one another The ruling Example will make it clear for you For example A person If he was a person In the morning A person He is pure in the morning Then he started to doubt After that Then he had impurity That fell on to him Did he break it? Did he break his Lahara? He is doubtful The essence is what? That he And a certain And the one he is sure about Is that he was what? He is pure They are convinced here It's a bit right? It's strong It's present It doesn't remove With that doubt that came after And that is the view Of the majority of the Like in the Maliki Are different here They said No They believe it falls under this Ka'ida But the way they Received the The reality of this issue Is different The Maliki said Are you sure that the certainty That we are going to look at here Is not the individual's action They said we are going to look at And are you sure that Is that the Salah is wajib In a person's neck And shoulder We can't remove that certainty With a ta'ara Which we doubt Whether he broke it or not Without it The Salah is only on your neck We know the Salah Conditions ta'ara You as an individual are what? Are doubt for whether You've got that ta'ara So the Maliki said You can't pray You can't pray Another example That falls under this one Is what? إذا طلق الإنسان وزوجته إيبان Debuses his wife وشك And he doubts هل طلقها 3 or 1 Whether he debuses 3 or 1 He doubts The majority of the علماء Of the view is what? النكاح في زمان الأولي The nikah At the beginning When you got married to your wife Which was what? And that is certain is That you had 3 That you had a full That your wife was fully yours And there was no ta'ara When you got married to her The day you got married to There wasn't ta'ara That is متيقن We know that And that's the certainty We won't Remove The doubt that you have brought فلانوزيلو بالطلاق مشكوك فيه We're not going to Remove it with a طلاق that is doubted We're not going to take it And we will consider it بأنها طلقة واحدة That is only one We'll take the 3 We'll just take one The ماليكية they said لا The certainty is what? تحريم وقت الأجنبية The placing And having intimacy With a woman And having a partner from you Is حراب So their أصل Their يقين is not a marriage Their يقين is what? The essence of intimacy With a woman A woman is أصل للل She's حرام from you That's the certain To permit it for yourself You have to be evidence If a man says To you actually this woman Is حرام from you Are you with me? He's sticking with the أصل You have to be evidence That this is your wife You have to be my witness Of فلان Of فلان And my witnesses That's when you're allowed They said now فلان وزيروا هذا الأصل المتيقن من يكاح المشكوك They said we're not going to Remove it With a يكاح Which is doubtful And because of that We're going to count it As three طلقات Three طلقات Your wife is She's not yours anymore Then we go back to The يقين Which we're sure of We'll stick with that She's not your wife anymore You're going to leave her So here When you look at it They all believe It falls under what? They all believe It falls under The قاعدة Which is But the issue that they disputed Is the حكم The ruling that comes out of it Where's the first part What was it? They believed that It falls under The قاعدة But they also agreed On the حكم The second one Is what? مسائل يدرجها Some of the فقها Put it under The قاعدة And the يقين And other groups They see what? They see what? عدم يدرجها That it shouldn't be thrown Under this قاعدة For example It would be A person who done وضو A person who done what? He done وضو Some of the فقها They say put it under this قاعدة Some say no, no, no Under this قاعدة That you mentioned So the example would be For example A person who does وضو in the morning And then he ate The meat of a camel He ate camel meat The scholars here They said The majority of the علماء جمهور They said لا يزلوا يقينوا الطهارة The certainty Of the طهارة Will not be removed With what? The doubt of whether you ate If the meat you ate Was a camel meat or not The others What did they say? That this issue They said what? That this issue is what? It doesn't even fall under this قاعدة And they took another part regarding it Anyways This قاعدة is very important That the علماء In which they have replaced And they have used It's a very powerful قاعدة And it's this قاعدة That the علماء took from it What is known as اصتصحاب اصتصحاب was taken from this قاعدة Which is always the The original essence is the certainty اصتصحاب means The original essence of something And اصتصحاب is of types اصتصحاب is of types And there are five types of اصتصحاب There are There are six types of اصتصحاب There are six types of what? There are six types of اصتصحاب The first type of اصتصحاب Means اصتصحاب will be had to lastly The first is called The اصتصحاب of The original permissibility That this thing is originally permitted For example Somebody will say to you اصل في الافعال The actual of actions is that it's permissible I can do whatever action I like You have to prove to me that that action is not permitted I'm sticking with the اصتصحاب The second now is اصتصحاب البراء The original essence of That you're free from this You're buried from this Which is فالأصل النظيمة من براءة The original essence that The person is an innocent He's free There's nothing he can be held accountable for If I and you go to a court Are you with me? The way that the judge would work is as follows The Qazi won't say to me Who's the innocent person Prove your innocence He never does work like that Anyone who's accusing me The one who's accusing has to be in evidence Because he's trying to Get rid of my original essence My innocence And that is the اصل Does that make sense? Number three is اصتصحاب نص الشارع حتى يثبت انه من صوخ The is to have that this text Is a نص Meaning It is something that can be used It's not abrogated And that is an evidence I can apply it The original essence that I use it Anyone who says it's abrogated Bring evidence He can't turn to me and say أخي Bring evidence that the delay you're using Is not abrogated That's wrong The evidence is on him To prove that So Lowell can just say That this evidence is abrogated Unless he brings an evidence The ussell of the text is what? That is a proof I can use it Number four is The is to have is that The text are general Unless there comes something that specifies it So when I have إلا ما أخصه الدليل Unless you bring an evidence So when I say to you أخي this is a general My evidence is what? Don't ask me for evidence I'm sticking to the اصل My evidence is the اصل You have to prove that it's It's specific So for example if you say to me This action is specific to the prophet I don't have to bring evidence for that You have to bring it That's specific to the prophet The اصل is What's ever in the Quran We need to implement it What? All of it It's general for everybody If you say This is to the prophet What do I say to you Bring your evidence for this Can I marry nine wives The اصل is yes If I now you and I Are discussing this issue I'll say to you yes You will come to me and say It's not Why? Then you bring evidence Huh? فاينطابلكم من النساء مثلنا وثلاث وربع A deal here واضح And this is To the prophet Can I just go And marry myself to a woman Just walk to her And say Sister your mind I'm married you now Can I? But I said I can say to you now It's permissible The action The action is what It's permissible Now you're going to say to me In وهبت نفسه In عراد النبي And he is خالصة لك من دون المؤمنين This is خالص خالص So this عام You specify the evidence This is the general The fifth one is اصطحاب الوصف The description is The essence of the description What do I mean By the essence of this description The اصطحاب Which is اصطحاب التحاب في الصباح That This description of purity Huh? Is The essence is that The اصطحاب التحاب Which is Which is present in the morning نعم For example A person All day he's pure Unless the شريعة Where he came and he said No, when you wake up You can't be pure Even if you haven't done anything It doesn't matter the شريعة I gave an exception to these نعم Number five Which is اجمع Sorry, sorry Number six is what اصطحاب حالوا اجمع في محل النزاع اجمع What does that mean For example The علماء قبل الصلاة قبل الصلاة بطلت تيممو And an example For this would be For example The scholars They disputed one another They what They disputed one another Does the purity Sorry Sorry, sorry, sorry اجمع علماء The scholars unanimously agreed upon أن مراء الماء And the person who sees water قبل الصلاة Before the prayer He's تيممو He's nullified Before the prayer ثم اختلفوا Then the scholars disputed one another اذا رأوه في اثناء الصلاة If he sees it We ask these in the prayer فتغيرت احدى احدى الصفات They said One of the descriptions Here has changed فهل يصحب للإنسان أن يقول Is it permissible For a person to say اذا رأى الماء قبل الصلاة بطلت يمو بالجمع فنصتصحب ذلك فيما اذا رأىه في اثناء الصلاة Is it permissible For a person to use اصتصحب here And to say Because there is an اجمع That we know It's out there That says that if the person He sees water Are you with me? Are you guys there? Can I use the اجمع as evidence By saying اصتصحب of the اجمع By saying That the اجمع It says That if you see the water Before the صلاة You're So it gives me That I'm going to say That the اجمع Permits That if he sees it While in the prayer That it will nullify I'll bring that I'll move it While the prayer Saying that Before the prayer It will take اجمع here This is called اجمع To bring اجمع In a place Where there's There's a discussion in it Something you have اجمع For you say اجمع It still goes on And you say to the other person You bring evidence that it can And you just stick with the اجمع Can you say that? Some scholars They say نعم Another group of scholars They said اصتصحب اصتصحب ليس هو اجمع It is not اجمع Not at all And it seems like That is the strongest view نعم