 تشرف بالاشتغالي بالعلم ولا تبغي به ما عشت يا بدا بدا ويا له من شراف عظيمي now we are going to be speaking about the مراتب القوعد الفقية the levels and the types of قوعد الفقية there are what we have to really understand is القوعد الفقية ليست نوع عن واحدا ليست it is not one type and it is not of one level no rather it is نوع عن its مراتب it has levels and its types and brothers you will see when I give you a lot of examples because قوعد الفقية is about examples you realize that if you don't know the if you don't learn the types and the differences you fall into a problem deficiency and it will affect your rulings and it will affect the way you perceive issues and after that then you see the problem that comes from it the first type the مرتبة الأولى من نوع الأول the first type is قواعد which are known as القواعد الكليا الكبرى simple terms they could القواعد المتفق المتفق عليها القواعد المتفق عليها these قواعد الكليا الكبرى or we can also be known as القواعد المتفق المتفق عليها is the قواعد which are very comprehensive they fall under every single chapter of فق and every single matter of فق they fall under it and they are what they are 5 some scholars they squeeze a sixth one in there are you with me the first one is الامور بمقاصدها and remember when we studied القواعد by عبدالحمد ناصر سعدي we mentioned it is better to say إن مل أعمال أبنية just like the prophet said it so the first one is the قاعدة which says every action is what is intended from it إن مل أعمال أبنية just like the prophet said it so the first one is the قاعدة which says every action is intended from it إن مل أعمال أبنية are you with me brothers the second one is اليقين ساتن تي this is the second اليقين ساتن تي لا يزول بالشك or you can say لا يزال بالشك ساتن تي is not removed without the third one is المشقة تتجلي بالتيسير hardship brings ease hardship brings what? it brings ease it brings ease the third that was the third right the fourth one is لا ضرر ولا ضرر أوه ضرر يزال ضرر يزال means what evil is is repelled it is removed the fifth one is العادة محكمة the norms determines the norms governs it does the norms governs and there's a sixth one that some scholars add to it which is إعمال الكلامي implementing a speech is in other words if the scholars they differ upon ترجيح they differ upon how to reconcile it if a scholar comes to make sure that both of the statements are implemented without any without jumping to the conclusion of abrogation the one who says I can bring them together without having to get rid of any of the two he takes presidents over the one who wants to get rid of it because the قائد which is to implement a statement and to do it takes presidents over disregarding it that's the first by the way that is the first type which is known as which is agreed upon this one is agreed upon by all the they implement it will see it in the that we're going to study when we talk about how the book is divided we'll speak about how he has placed the first type which is the second is قواعد which are قواعد which are قواعد كلية they're but but but they are more tighter they're not as open and as comprehensive as the first type are you with me in other words it's it doesn't really it doesn't go out far reach as the first five or the first six do are you with me brothers which is you can't eradicate with another you can't get rid of an based on what based on another or even if a squirrel says something he says an opinion and then years later he makes another can we say he got rid of his previous I gave a years later gave this the same issue a different so can we say that his first because the second when we say he came back from the this which is got rid of is taken from the when he said this is what we judge by and that is what we judged before with that is what we judged with and this is what we're judging with now so this they took from that get rid of another and because brothers pay attention you have to realize the reason why are they why why is the خلاف coming here the for his statement to be abrogated is he a does he initiate a ruling is he the one who brings the ruling the ruling is from Allah Allah is the حاكم Allah is the ججا he is only speaking about وصين النصوص الوحيين صحيح so for him to abrogation abrogation doesn't take place for a person's statement doesn't make sense abrogation is only for the text and just as a side benefit as a side benefit we can't deal with people the way we deal with the text it's a very important point I have to mention this which is right now what I just said that an اجتحاد cannot get rid of another اجتحاد and he himself his own اجتحاد cannot cannot eradicate his اجتحاد are you with me unless what unless he clearly states that he's come back from that opinion and that's what Imam Shafiq happened قوله القديم and قوله الجديد قوله القديم is still implemented is قوله القديم is still implemented is said sometimes you see you know it you see them and they did not get rid of they didn't say always got a new views or no they took it and another thing that also so the issue of abrogation is specific for who if the Quran gives a rule or something and then the same thing gives another rule it's abrogation now are you with me you is either contradiction or or whatever are you with me the second thing my brother are you with me the issue here is the issue of the كلام of a person can you take him a phone from it can you say since you did this and this I've understood from it this is what you're trying to say can you necessitate from a person speak something can you the Kitab we can take from the Kitab are you with me do we not say مفهوم مخالفة the opposite can be understood from this صحيح are you with me brother for example this ayah gives us an understanding of that the مفهوم of the ayah that we take from it is what we take from the ayah that there has to be a group of people who study the religion and it is faradok if ayah you might not see that it's نظرة الفقي which is what أهل الزيكلي ask the people of knowledge أهل الزيكلي so in other words that person has to go out of his way and find a person of knowledge so they're not all the people of knowledge he has to go to him does that make sense in other words not everybody is a scholar are you with me and if there was not a people the ayah would be معطنل the ayah would have no meaning so from the مفهوم that we take from the ayah is that there has to be a group of people who study and learn the religion and it is faradok if ayah for them to do so the ayah did not mention that it's the دلالة الإشارة are you with me just like the issue of the child can be born in six months brother are you with me this is how to deal with the text this is وعملة مع المصور for example well Allah said don't say I can punch her I can go and punch my mum how you say you can say if Allah said to you don't say that's the minimum it makes me it's more the Quran took the minimum to show you that the maximum is not halal this is called the مفهوم you can do that to the text but you can't do it to a human being you can't do that to a statement of a person the necessitating the speech of a person is not the person is met happy it's not my belief unless I agree to it I'll give you an example I can make تقفير on people today just by the lazım of the met happy and he will be like that are you with me for example today they negated Allah's characteristics are you with me brother we can take from that the negation of the characteristic we do lazım from that that they are worshipping something that doesn't exist so they go far because they worship that doesn't exist does that make sense or we can say that those those individuals and we do تقفير on them and this is and this is and this is and this is and this is and this is the minute he says and this is what I meant then he becomes a kafir does that make sense so when you look at the refutations of the individuals especially among them majority of them get rid of it is this based upon what that's what I meant that's what I meant because he meant it this is what he meant by it he said this statement and he said what necessitates from this is this not judging the person by his statement or he did this he did this and he stated but he I know he did say it but why else would he say that of course he means it the minute he says that what's that called what's wrong here is you're dealing with the people the way you deal with them because you know why the human speech and the metaphor will contradict you can take the metaphor it won't contradict are you with me you can do that to the mass and it's still so strong it won't contradict itself as for humans if you do the reverse understanding of our statements and palm comes out of it does that make sense so you can't do that to the statement of the human being a person so that is the second level and that level it falls under that which is known as it's different upon because the only first type is what is what's agreed upon are you with me brothers brothers are you with me so the second one is different upon are you with me are you with me all that is what it's not agreed upon third one is are you with me brothers third one is is قواعد الفقية that are specific to a particular chapter which is known as what مابد the reason why that is the third type I brought for you all is because sometimes they mention they refer to as قواعد sometimes you see that are you with me so it's a type of قاعد which is specific to a particular chapter and I gave the example before which is what كل ما صح بيره صح رحم صح أما كل وصل سببه قبله فهو مستحب are you with me brothers again قاعد which are known as ضابد are مختلفوا فيه are different upon so they fall in the second type which is المختلفوا فيه those which are different upon are you with me brothers also from the ضوابد is قاعدة which is العبرة في العقودي it's different are you with me brothers it's a ضابد for example it's القصود والمباني صح when you're buying something from somebody what is it that we observe do we observe the person saying or do we observe the person's intention because they say العبرة في العقودي in the عقد the contracts and the transactions that are taking place between individuals they said the concern and the observation is what العلفاظ والمباني the words they use بِعْتُوْكَ I sold it to you even if it doesn't tend to say we're just looking at the word are you with me others they say I don't care about it I'm looking at the person's intention صح are you with me brothers so what if somebody says this is and I believe it's القصود والمعاني the intentions sorry the قواعد which I differed upon is قواعد which only enter a particular chapter which is known as ضابد and I give an example of two things الاجتهاد which is العبرة في العقودي قصود والمعاني there's this خلاف amongst the scholars which one of it is it also the fourth type is قواعد مدهبية it's قواعد that are used by the people of مدهب in other words it's a particular issue this قاعد is only used by a particular مدهب are you with me brothers and that is what it also falls under قواعد المختلف they differ upon it because this particular مدهب takes it and the other مدهب don't take it are you with me so this is a قواعد مدهبية even though it's comprehensive and it's general but it's only general for that the other مدهب don't agree with that and I'll give you I'll give you guys one example for that the example for that is there is no proof this قاعد which says لا حجه there is no proof when there is a speculation present in the that result from the evidence are you with me brothers what does this قاعد what does it mean first of all this قاعد this foundation is based upon it comes from that قاعدة which in other words is as follows for example a person says for example we're all brothers from the same parents same dad yeah and dad's on his deathbed he's about to die and when dad dies I come and I say to the people brothers huh no no dad is on his deathbed before he dies he says عبد الرحمن I gave you عبد الرحمن you gave me sorry 50,000 before I'm going to give you back your 50,000 dad's on his deathbed and dad's saying I took that from me and he's now paying me back and he's on his what 50,000 and dad just dies is that 50,000 giving back to me based on this قاعدة which is a تاعدة the حنافيز and the حنابلة implement the حناف and the حنابلة they use this قاعدة شافعي دون except this قاعدة شافعي they say this قاعدة it's not implemented the حنافيز and the حنابلة they say no we're not going to give you the money the reason why they say because there could be the speculation that he wanted to give you that 50,000 because he knows he's going to die and he wants you to take more than the rest of your brothers there's that speculation that he's trying to give you more money and in the شريعة is it allowed no it's not permissible so he wants other children he's trying to block other kids from taking the money he doesn't like them maybe because they're with their mom and he doesn't want their mom to get hold of that money or whatnot he just wants it to go to one and he says does that make sense they say but their evidence is they say that if more than one can prove that the money was given then they say the money can be given to him but if just one is saying it by himself لا and the father's only got no witness it's just the one he's given it to then they say this is but so this you have to realize is a is a for a particular are you with me brothers which is for a particular and I have to mention something brothers قواعد that are for a particular are you with me brothers is is a is of levels number one which is the first one we just mentioned which is what that some of the they use a قاعدة the others don't even agree with that قاعدة that قاعدة has no value for us and we don't consider it anything at all sometimes no we agree upon the قاعدة are you with me we agree we agree upon the قاعدة but our difference of opinion in this issue is what is اختلاف بسبب اختلاف اي القواعد ترجع المسألة we're differing upon this issue that we're discussing what قاعدة does it go back to we agree on this قاعد but it's just this but we're differing upon it what قاعدة should we take it back to are you with me for example we all agree here that عبادة that is what and that is what عبادة that is permissible customs are you with me you can buy you can sell what you want are we all together but the asset of عبادة is what you're not allowed to do it so we agree upon the قاعدة there's no خلاف upon the قاعدة which of those two does it fall under does it fall under عبادة or does it fall under عادة for example the issue of the issue of what greetings is the issue of greetings is it عبادة or is it عادة are you with me is it عادة or is it عبادة you're saying that the the greeting is عبادة so for you it is not allowed to say to somebody and for example you can't say to somebody have a good month this happy happy Ramadan or you can't say to them happy محرم because for you it's عبادة عبادة the one who sees it is عادة you can say that it's a noom are you with me brothers so the actual matter here is what this issue does it go back to which of the قواعد there's a خلاف of it but we're not different upon the قاعدة we're different upon the مسألة the مسألة that we're discussing which one should we be taking back to does that make sense some the same is is it عبادة or is it عادة do we deal it with like as though it's medical issue or do we deal with it as though it's an عبادة it's like a car it's a vicar are you with me or is it like medical issues where a doctor can give you any medicine an experience which of those two does it fall under we don't differ عبادة تقيفية عادة العباحة we're not differing upon that we're differing upon which of those مسألة should we be taking back to are you with me brothers that's one of the خلافات that happen within them and if you don't observe that you will really have in your discussions the other one is brothers خلاف that occurs كيفية how ادراج الفرع في القائدة we differ in how we bring it back to the set so now look this third one is what so it's three sorry the third one right it's third it's A B and C this is C right is we agree upon which قائدة that we take it back to so we actually agree on the قائدة we also agree on which قائدة to take it back to are you with me but you know the problem is we're differing upon how the قائدة deals with this particular issue this is the trickiest one for example a man divorces his wife and he doesn't know one he's doubtful he's here scratching his head he's confused he's baffled he doesn't remember what place so he says and he comes up to you and he says to you اخي I divorced my wife three or one I don't know what shall I do in this situation pay attention the جمهور the جمهور they come and what do they say the جمهور الفقهة they say what they say one why لا يزول بالشك certainty cannot be removed without we knew you had a wife and you married her the نكاح is the certainty the divorce is doubt are you with me we'll stick with the certainty and we'll leave the doubt ماليكية come and guess what they say the ماليكية come and they say no no you have divorced your wife three is three how was your evidence same قاعد okay ماليكية how have you come to that conclusion they say they ماليكية لا the يقين is that it's haram for you to have intimacy with a woman the أصل the يقين and the certainty was what to have intimate relationship with a foreign woman it's haram and we can't remove that certainty without so you've divorced your wife three صح so here we have قاعدة الواحدة but there's a disagreement how the فرع the sub branch that we have how does it fall under it again the same is with the issue of the issue of a person says I don't know if I broke my window he has tahaara he was certainly a tahaara what did he say and he's scared if he broke it what would you say to him you say you got your tahaara keep it moving no matter why would you say that to him