 فصل الأحكام التي يدور الفقه عليها خمسة الشيخ رحمه الله تعالى now we are in the second chapter the second fصل which he is going to be speaking about الأحكام التي يدور الفقه عليها the ahkam which the the fig revolves around الأحكام the rulings التي يدورو يدورو means what it revolves around فق r5 now what does the word حكم mean so the word أحكام is plural جمع التكسير the singular is حكم what does حكم linguistically mean it means منع prevention the word حكم it means prevention that's what it means and some say no it means قدار to judge and both of them are the same no problem whichever you call it if you call it judge or if you call it prevention they both mean the same why would it mean judge how can it be both the same because if a person judges a matter it prevents another person to have an option in this for example if the law the judge judges that this person goes to prison it prevents this person from their freedom so there is a منع in it prevention or there is also even prevention for anybody else to contribute anything to it so the word حكم means المنع or القضاء that's what it means linguistically technically it means ما دل عليه خطاب الشرع المتعلق بأفعال المكلفين مكلفين طلبا أو تخييرا أو وضعا but technically it means it is خطاب الشرع it is addressing of the شرع when we say the شرع we mean the كتاب أنة سنة the كتاب أنة السنة is addressing what is it is addressing which is connected المتعلق تعلق ميزوات connected it is connected to what بأفعال المكلفينة مكلفينة is what ما من شأنه متكليف those who are burdened it is a person who is عاقل a Muslim who is عاقل who has got sanity and he is burdened he is reaching an angel that person is a مكلف the third one is الطلب so it is ما دل عليه خطاب الشرع المتعلق بأفعال المكلفين طلبا in a requesting manner the way that the request comes is in two ways طلب فعل which is أمر وطالب تركن which is نهي حرام are you with me على سميل الإلزام or سميل أفضلية if it is if طلب فعل if the sharia request for you to do an action على سميل الإلزام in a forceful manner when it falls under it واجب if the sharia request for you to do something in a recommended manner what is it so you have طلب فعل so you have pay attention طلب is two types طلب is two types طلب فعل طلب ترك the request to do something and the request to leave something طلب فعل is two types the request to do something is of two types in a forceful manner in a recommended manner what falls under the forceful manner واجب what falls under the recommended manner سنة طلب تركن طلب تركن now we are going to go to it which is the sharia request for you to do something the sharia request for you to to stay away from something ترك to stay away from something so the second one طلب ترك how many things fall under that two على وجه الأفضلية or على وجه الإلزام in a forceful manner or in a recommended manner if the sharia request for you to leave something in a forceful manner what is it if it request for you to leave something in a recommended manner so the sharia request for you to do something and it tells you to stay away from something if it request from you to do something it is a recommended manner or a forceful manner if it is in a recommended manner if it request for you to do something in a recommended manner it is سنة if it request for you to do something in a forceful manner it's وجه two you have over there now you got two more to go what is it if the sharia request for you to leave something in a forceful manner it's حرام if it request for you to leave something in a recommended manner it is مكرو you have four there now what's left the fifth one which falls under what it falls under the شخصان طالبا أو تخييرا تخييرا and falls under it من دوب sorry مباح أو تخييرا is مباح مباح is والصح أو وضعا وضع وضع is what وضع how many things fall under it five نعم شرط شرط مانع and others we've mentioned them in our book our book الورقات نعم but we don't want to go in it to it right now I don't want to touch on it to it because the shikh didn't even bring the situation it only brought أحكام تكليفية الواجب الذي يثاب فائله ويعاقب تاركه ويعاقب تاركه ويعاقب تاركه ويعاقب تاركه ومتاركه the wajib is what it is the one who deserves now it is better that the the shikh said يستحقه he deserves أيثاب the wajib is what the wajib is the one who deserves to be rewarded for the action that he does he is rewarded he deserves to be rewarded for the action which he done and he also deserves to be punished if he leaves this action the reason why we're adding the word deserves is because الله تباركه تعالى it falls under his مشيئة some wajibat the person may do it and Allah may not accept it or he may leave off this wajib and Allah may not punish him نعم والحرام ضده and حرام is the opposite ضده means the opposite the opposite to the wajib that we mentioned so how is the opposite to it if you do it you deserve to be punished if you leave it you deserve to be rewarded نعم والمسنون الذي يثاب فائله ولا يعاقب تاركه the مسنون is what مسنون is the sunnah is the recommended the one who does it he deserves to be who does it he deserves to be washed he deserves to be rewarded but if he leaves it he won't be punished for leaving it نعم والمكروه ضده مكروه is the opposite to the man the opposite to the مسنون it is this light that if the person who does it the person who does it the one who does it he doesn't get punished for doing it but he does get rewarded he deserves to be rewarded if he leaves it off نعم المباح والمباح والمباح مستوى الطرفين مباح the two sides are equal meaning doing it and staying away from it they are both the same مستوين the sheikh said مستوى مستوى الطرفين the two sides are both what they are leveled what sides what two sides is he talking about the doing on the leaving both are the same if you can do it if you want you can leave it you have the choice نعم it's your choice it's مباح لذلك some of the scholars they said how can مباح be added to حكام التكليفي if it's not a how can مباح fall under حكام التكليفي when it's not even a matter which تشريع our commands we mention that in our الورقات we answer that question in الورقات نعم وينقسم الواجب إله the sheikh now is going back to the واجب the obligation واجب is what obligatory mandatory now he's going to explain to us what is واجب I'm sorry the types that واجب has so we've taken واجب we've taken حرام we've taken مصنون we took مكروه we took مباح how many of that those are the called those five are called what they are called أحكام الشرعية التكليفية and that's just one type of أحكام الشرعية أحكام الشرعية is two types أحكام الشرعية التكليفية the sheikh mentioned that but there's another one which is called أحكام الشرعية الوضعية the author didn't mention it so if he didn't mention it there's no point we should bring it to the student's attention you might confuse them so the sheikh he's now going to go back to واجب again he's now going to go back to واجب and mention the types of واجب there are now he's going to categorize them into two but they are not they are more than that and they can be looked at from many angles we explain it in details in الورقات نعم فرض عين فرض وعين so now the sheikh look at it before he said واجب now he said فرض so according to the جمهور the farad and the واجب are both the same according to the majority of the scholars they take that the farad and the واجب are what they're the same the أحناف they don't believe it the أحناف believe that the farad and the واجب are not the same according to the جمهور of the علماء it's the same and they say that the farad and the واجب the difference between it is the farad is what is taken from a a دليل which is قطعي الثبوت the farad is anything that is taken from a clear evidence whereas the واجب is anything that's taken from a وانيو الدلالة نعم and they also have other other differences that they do mention but that's one نعم فعله من كل مكلف بالغ عاقل وهو جمهور أحكام الشرعية الواجب the first type he called it فرضوعين فرضوعين means the obligation is individual فرضوعين it's called individual obligation it means يطلب فعله that doing of this action is requested from what من كل من كل مكلف every single مكلف and I said I already explained what the word مكلف is مكلف is a مسلم بالغ عاقل any person so the sheikh explained it to you مكلف is بالغ عاقل he's a مسلم who's reached age of puberty and he's got sanity he has to come with this action excuse me individually every single person has to come with it and then the sheikh said وهو جمهور أحكام الشريعة تلواجبتي and the majority of the rulings the laws in the شريعة they are فرضوعين the majority of the laws in the شريعة are what they are فرضوعين the majority of it جمهور means the majority أحكام الشريعة the فرضوعين فرضوعين means you have to do it specifically no one can take that responsibility for you ظهور you have to pray you can't say أخي محمد pray the salaf for me you can't say زيد pray the salaf for me not no everyone has to pray for himself now the sheikh is going to mention the second time و إلى فرض الكفاية the second time is فرض الكفاية again you can see the sheikh he used the word فرض instead of the word واجب it shows according to the جمهور the فرض and the واجب are the same نعم و هو الذي يطلب و حصوله و تحصيله من المكالفين لا من كل واحد بعيني it is the type that for it to be brought is requested و هو فرض الكفاية is الذي يطلب is requested حصوله it is a occurrence for it to be for it to occur is requested from و تحصيله حصول and تحصيل on both the same meaning it is occurrence for it to be present is requested from what من المكالفين not from a مكالف attention not a مكالف the sheikh made a plural from all those who are burn as a whole somebody has to come with it لا من كل واحد بعيني not a person in particular لا not من كل not every واحد not everyone بعيني individually not every person individually there has to be a group who do it the sheikh is now going to give us an example هي كتعلم العنوم like learning sciences نعم و الصناعة و الأذان لاني منيوفكتوري و كرافت which are beneficial for the umma it's for the kifaya there has to be a people stand up for it the adhan it's for the kifaya there has to be a people stand up for the adhan and do it not every single person has to do the adhan نعم والأمر بالمعروف و النهي عن المنكر calling to the good and prohibiting the evil there has to be a group of people what does it say والتك منكم منكم let it be from amongst you أمة يدعونا إلى الخيري a group who call to the good and prohibit the evil so أمر بالعروف is what فرضو كفاية basically it means إذا قام به بعض سقطع عن الباقي if a group stand up for it it will be uplifted from the rest نعم و نحو ذلك و نحو ذلك is what and etc and the likes of that نعم و هذه الأحكام الخمسة تتفاوت تفاوت تفاوت كثيرا بحسب حالها و مرات بها و آثارها الشيخ said these five these five these five what five is he talking about الواجب و هذه الأحكام الخمسة these five أحكام الخمسة which is الواجب المسنون المكوه المباح those five those five don't think they're all the same تتفاوت it differs تتفاوت it differs تفاوت كثيرا a big differences it does بحسب حالها in accordance to its situation و مرات بها in accordance to its levels و آثارها and in accordance to its effects it differs it is not على مرتبة واحدة it is not of one level so what does it do what it differs so to think that that the واجبات are the same for everybody that's incorrect to think that the سنة is for everybody it's same the حرام the مكرو the مكرو the مباح no prime is just one example and you take the rest as an example خمر خمر for a person who's under duress who's under a or he's under a situation not under a duress but he's also under a situation where it's life and death does this حرام change for him does it go low yes the prohibition here is uplifted from him why because of his situation is changed are you with me his situation is the واجبات are not the same for the general mass for example if the حرام is done by the scholar and a general mass do the حرام who are the first people going to be punished the day of judgment ولي ذلك الله said to the wives of the Prophet لستنك أحد من النساء you're not like the other women you women the Prophet's wives you guys are not like the rest of the people don't think ولي ذلك our message صلى الله عليه وسلم when he spoke to him about the things that the Prophet's he did wrong عليه الصلاة والسلام الله تعالى he told him if you did that and you followed them you would not have found a person who would give you victory because of the fact that his status is high so every time his status of a person goes up the حكام differs from them also situation the rule is different for people to people فما كانت مصلحته خالصة أو راجحة أمر به الشارع أمر إجاب أو استحباب وما كانت مفسدته خالصة أو راجحة نحن عنه الشارع نهية تحريمي أو كراها أو كراها now this is the sheikh what he's trying to say to you is that these five they can change based on مصالحة المفسد they can change فما كانت مصلحة now he's going to tell you the مصلحة has two types you have to underline these the sheikh is already telling you فما كانت مصلحة to anything that it's مصلحة مصلحة means what anything that there is a good in it a benefit in it which benefit for you as a person or benefit from the شاريع benefit from the شاريع فما كانت مصلحته خالصة it's مصلحة is pure meaning there is no Mfsada in it we say مصلحة خالصة means what a مصلحة when there a good that there is no harm in it whatsoever that is like توحيد اخلاص عدل احسان all of those are sorry توحيد is what it is مصلحة خالصة pay attention to this is there any harm inside اخلاص never it is توحيد and اخلاص and عدل justice and righteousness those are what they are مصلحة خالصة pure مصلحة the next one is called مصلحة راجحة the second one is راجحة it's the second type of مصلحة it's a مصلحة which is راجحة the مصلحة is large now it's not pure مصلحة there is harm in there but the مصلحة always the مfsada such as جهاد جهاد is a مصلحة is راجح but there is مfsada what's the مصلحة that is راجح in there كلمة الله يلعول يا الله it's going to go up that's the biggest مصلحة because the شريعة is going to gain it are you with me the religion of Allah is going to prevail that's the مصلحة راجحة but then the mother loses her husband her son the mother she loses her son the wife she loses her husband the child loses his father you see the community loses this leader all of that is a مfsada but this مfsada is what it's a very little مfsada the مصلحة is راجحة you see so the sheikh says امر بيه الشارع امر ايجابي وستحباب based on whichever the مصلحة is the شريعة requests the act is to be done either in a forceful manner or a recommended manner pay attention to this so the sheikh is trying to explain to you that the level of these five differ based on the مصالحة and the مفسد some matters the شريعة will request for you to do in a forceful manner why would he tell you to do in a forceful manner because there is in it what مصلحة راجحة sorry مصلحة خالصة some things will tell you to do it in a recommended manner because there is in it what مصلحة راجحة وما كانت مفسدته خالصة anything that is مفسده is look it's مفسده is what the مفسده in it the harm that is in it is خالص it's a sheikh they are all they are all what they are مصلحة which are مفسده which is خالصة pure مفسده there is nothing else in there pure evil pure harm such as sheikh lying oppressing the next one is called مفسده which is راجحة the مفسده it is high it's high that is like drinking khama isn't drinking khama doesn't it not have benefit اللهم يسألونك عن الخمري والميسر قل فيهما إثم كبير ومنافع there is a manfa'a like when Allah then says وإثمهما أكبر من اثمهما but the mafsada that is in it is higher than the mafsada that you are looking at ربا is there a benefit in it yes there is people in this country mortgage you get a house you live you know you don't have to be rent you set yourself in there is a mafsada نعم but the mafsada the mafsada here is is there is a mafsada there is a mafsada no doubt no one is going to say no but the mafsada is so the sharia orders you based on each one the sharia requests for you to do what it is نهي تحريم او كراه هاتل whichever of those it falls on now and the sheikh then said فهذا الأصل sorry نعم further you read it فهذا الأصل يحيط بجميع المأمورات والمنهيات the sheikh said based on that all based on that أصل that he put in place that fundamental principle that he put in place يحيط the person will encompass بجميع المأمورات all of the orders that are given and all of the prohibitions that are given the person will come to know it and the example for that is الله تبارك وتعالى he said in the ayah إن الله يأمروكم إن الله يأمرو بالعديل والإحساني ويتائد القربة وينها عن الفحشاء والمونكر والبغي يعيذكم لعلكم تذكروا that ayah is a backbone that ayah it brought all of the أصول of what مأمورات and all of the أصول of the منهيات that ayah صورة النحة the ayah نعم وأم المباحات وأم المباحات وأم مباحات فإن الشارع أباحها وأذن فيها وقد يتوصل بها إلى الخير فتلحق بالمأمورات وإلى الشر فتلحق بالمنهيات الشيخ يسأل نهي تكتب المأمورات أن يتكتب المنهيات نهي تكتب مباحات يسأل أسفض مباحات فإن الشارع الشريع الله تبارك وتعالى يتكتب يتكتب يتكتب أباحها وأذن فيها وقد يتكتب نهي فقط one type of مباح هل معي؟ المباح is two types مباح which is what مأذون فيه الشريع يتكتب وإن الشريع يتكتب يتكتب ليس على الأعماء حرج ولا على الأعرج حرج ولا على المريض حرج الشريع لا يوجد حر ولا على المريض ولا على المريض يوجد حر ترى؟ هذا يسمى الشريع يتكتب لا يمكنك يستطيع أن تفعل ذلك لا يوجد حر هذا يسمى مباح مأذون ولكن هناك another type مباح هو الشريع يتكتب يتكتب يتكتب فإن الشيخ يتكتب ويتكتب الشريع يتكتب ويتكتب ويتكتب ويتكتب The holyashat في결ت لجهلة The holyashat it didn't speak it didn't speak about this issue and it was just quiet about it and anything that the holyashat hasn't prohibited the truth is what it is called so pay attention whats the difference between these two brothers and what is the difference between these two the difference between these two is the one that the holyashat permitted no one can permit it the one that the holyashat made permissible no one is allowed to come أنت معي؟ ولكن الشريعة كانت تساعدة بأن شخص يمكنها تغييرها ونحن لا تساعدها ومن لا يحكم بما أزال الله فأولا إيكا وملكا فرول مثل الأشياء التراثيات الأشياء التراثيات الأشياء التراثيات هو من المباح التي تساعدها عنها في الشريعة الشريعة لم يتحدث عنها شخص يمكن أن يأتي إذا يرى مصلاحة فيها يمكن أن يقول أنه يوجد التراثيات لذلك الشيء رحمه الله فقد يقول فإن الشريعة أباهاها وأذن فيها وقد يتوصلوا أما وقد يتوصلوا بها إلى الخير فتلحق بالمأمورات في بعض الأمر المباح سيكون جيدة في تفعل هذا المباح إذا كيف فعله؟ يجب أن تفعله وإلى الشري وإلى الشري ويجب أن تفعله وإذا تفعل هذا المباح ستفعله بحرامة بسبب أنه فهي الشيء يقول أنه يبدو بحرامة وإذا فعل المباح وإلى الشري ماذا؟ يمكن أن يكون مصلاحة ولكن لأنه سيكون جيدة فيه يجب أن يأتي ويجب أن يأتي أو أن أسرع سيكون مصلاحة ويجب أن يبدو بحرامة نعم فهذا الأصل كبير أن الوسائل لها أحكام المقاصد الشيخ سيد رحمه الله هذا هو أجل هذا هو أجل الذي هو ماذا؟ أن الوسائل that the means لها it has أحكام المقاصد it has the means has the rulings of the objectives هذا الشيخ يقول that it is what? it is أصل which is big we will say نعم هو أصل كبير it is a big and a great fundamental point كما قال المؤلف رحمه الله but for who ولكن لمن وضعه في محله it is for the one who places it in its right place and here are the clarification of it so this أصل is great for the person who places it and puts it in its right place and so we have to understand these points the first point that we have to understand is what is the meaning of وسائل what's the meaning of means and means is it is the path which a person takes to a matter it is a path that a person takes to a matter and the Shaykh he is going to bring some matters in more details as I don't want to jump too much in it but carrying on and there are sub branches that come out from this قاعدة that we have to understand in order to put things in its right place the first point إن شاء الله which is the مقاصد the objective so we understood what the وسائل is now we have to understand the مقاصد the مقاصد is the Kitab and the Sunnah it's the knowledge of the Kitab and the Sunnah those are the objectives good the وسائل the means to it to these مقاصد are for example which we mentioned فق أصول الفق مصطلح الحريث matters like that are وسيلة there are means to get to it if a person busies himself with it he will understand it but this قاعدة the problem that occurs so many people think it's a قاعدة المطردة it's a قاعدة that applies every time every place unrestricted as soon as this they say to you أن الوسائل حقام المقاصد and I honestly did elaborate on it in my شرح of القوائد الفخية when I spoke about what does وسائل mean what is a مقاصد and etc but ابن القيام which is very strong in his book he said لا يلزموا ذلك this قاعدة doesn't always necessitate meaning أن الوسائل الحقام المقاصد is not always like that فقد يقول شيئا مباحا something might be مباح بالواجبا or it might even be واجب ووسيلة مكروه but the means to it is this light something might be مباح or it might even be واجب the objective is واجب or it's what it is مباح pay attention something might be واجب or it might even be مباح the objective is واجب but the means to it is مكروه it's this light so why didn't it take the same ruling example example is الوفاق بطاعة المنظور a person to fulfill for a person to fulfill an obedient oath that he made he made an oath which is good isn't that واجب he made an oath on a good thing that's واجب right but the means is Haram the means is what the thing that he made the oath on the thing he made the oath on is this light and he gives many more other examples on that نعم وبهي نعلم أن ما لا يتم الواجب إلا به فهو واجب and based on that قاعدة أن الوسائل الحكام المقاصد we come to know these principles they fall under this all of those principles they fall under the قاعدة أن الوسائل أن الوسائل أن الوسائل لحكام المقاصد these all fall under it pay attention the first one is ما لا يتم الواجب إلا به فهو واجب anything which is in which the واجب cannot be done unless you have to do something it becomes واجب for example for example a person his money reached an amount so the Zakat his واجب on him sorry but he can't get the Zakat money so the bank we'll say go into the bank his واجب go into the bank his واجب why ما لا يتم الواجب إلا به فهو واجب now this قاعدة ما لا يتم الواجب إلا به فهو واجب we have to realize ما لا يتم الواجب إلا به فهو واجب we have to realize that the thing the وسيلة that the person is being told to take has to be a وسيلة which he's able to do and it's three times a وسيلة in which a person hasn't got the ability to bring he can't bring this وسيلة he can't bring this means if he tried hard he can't even do it like for example he can't bring the صلاة time to come he can't take the sun and place it in its place for ذور to come in or أسر to come in or مغرب to come in or عشة to come in he's unable to do that so this is a means that he can't come with and this is not obligatory on him and he doesn't have to come with it and it's not واجب واجب on him to come with it the second type is it is a type which he's able to come with but he wasn't ordered to come with it he wasn't ordered to come with it this is also not obligatory for him to come with this is not obligatory for him to come with and there's an إجماع that he doesn't have to come with those two are mentioned like in the third one is what the قاعدة is referring to which is that which falls under the person's ability and he was ordered to come with this he was ordered to come with it then he has to come with it such as the طهارة for the صلاة are you with me also for the going to the so a person he knows he can't go to the جمع unless he drives the driving becomes obligatory on him and all of that that falls under the قاعدة ما لا يتم الواجب إلا به فهو واجب نعم وما لا يتم المسنون إلا به فهو مسنون and anything that a sunnah can't be done without it then it becomes a sunnah that means itself for example praying قيام الليل using a clock so praying قيام الليل is a sunnah مؤكد a highly recommended sunnah using a clock is a what it's a highly recommended thing for you to do because the قيام الليل is what a highly recommended thing وما يتوقف الحرام وعليه فهو حرام and anything that if you don't stay away from this then you will fall into it's a means for haram then it becomes haram and that for example would be there is a for example زيد من الناس man called Zaid has two daughters one of his daughters was breastfed with you but you don't know which one it is you're not allowed to go and marry one of these daughters because you don't know which was breastfed it falls under this قاعد وما يتوقف الحرام وعليه فهو حرام وما يتوقف الحرام وعليه فهو حرام because you don't know if you marry even if it doesn't end up to be the one even if it does not end up to be the one that was breastfed with you it's haram because you fall into this now وسائل المكروه مكروها and the means which are disliked are disliked again it takes the same قاعدة which is for example what would be like that like if a person he makes it a norm to always sleep at night and never pray قيام الليل this is disliked this is a disliked also the other thing that we can use for وما يتوقف الحرام وعليه فهو حرام we can also use for it if a man is alone with a woman for example stay with a woman alone خلوة these are سد الضرائع when the chapters which are in which the doors are closed we'll stop there for insha'Allah today's session سبحانك اللهم