وأقولوا في القرآن ما جاءت به آياته فهو الكاريم المنزال وأقولوا قال الله جل جلاله والمصطف الهادي ولا أتأواله الحمد لله الذي شرح صدور أوليائه بالإيمان وفتح لهم أبواب النصوس بقواعد البيان وصلى الله وسلما على من أنزل الله عليه الكتابة والميزان وعلى آله وصحابته ومن تبيعهم بإحسان أما بعد إن شاء الله تعالى we're gonna now go into the second chapter إن كتاب الأصول من علم الأصول written by شيخ محمد بن صالحة العثيمي رحمه الله تعالى بعد أن أصول رحمه الله يتحدث عن أصول الفقوري وقد أخبره أنه now goes into the second chapter which is الأحكام the rulings in the sharia إن شاء الله تعالى here we're going to take two things in this chapter we're going to be covering and studying two things إن شاء الله تعالى the first thing is definition of أحكام what does أحكام actually mean we're going to take the linguistic and the technical definition إن شاء الله تعالى what does the word أحكام mean in the Arabic language and what does it also mean according to the أصوليين the scholars of أصول الفقور what do they understand from the word أحكام the second thing that we're going to do is إن شاء الله تعالى in this chapter is the types of rulings in the sharia meaning the types of أحكام the types of أحكام and أحكام is rulings of the sharia how many types are there we will take them إن شاء الله تعالى let's start with the first point أحكام before I go into the first point I wanted to say why did the author choose to speak about أحكام why did he specifically choose to start the second chapter with أحكام after he chose to define أصول الفق why did he start with أحكام the reason is because we mentioned in our last lesson that أصول الفق means what أصول الفق is a science where the person will research into the general evidences it's a علم يبحث عن أدلة الفق الإجمالية the person will research inside it the general evidences and the general evidences is the means in which a person will extract rulings in the sharia so that's why he chose to make the first chapter after defining أصول الفق the definition of أحكام so you can't do استنباط you can't extract what you haven't perceived and what you haven't understood so that's why he chose to start with أحكام الشرعية the rulings in the sharia so the author said أحكام جمع حكم وهو لغة القضاء أحكام rulings is the plural of حكم and linguistically means a judgment so the word أحكام is plural and the singular of it is what حكم we mentioned before that the Arabic plural is three types masculine plural feminine plural and broken plural broken plural أحكام is the third type it's the broken plural and the singular of the word أحكام is حكم what does it mean in the linguistic usage or what is it in the linguistic usage it is as the author said القضاء so the author said that the word أحكام or the word حكم in the Arabic language it means القضاء and قضاء means to judge between two people and that usage that the author used doesn't seem to be accurate because the correct definition linguistically for the word حكم is المنعو is to prevent and stop something ولي ذلك one of the words that are used in the Arabic language which comes from the same root as the word حكم is حكمة حكمة means wisdom and what's the definition of حكمة it is وضع الشيء في موضعه it is to place something in its correct place meaning you know when to speak and you know when to be silent you know when to speak and how to get that point across in the best way so you're a person who is حكيم why is it why is it why does it use the same root where does the word حكم because the word حكمة it prevents the person which is referred to as حكيم it prevents him from falling into mistakes تمنعوه تمنعو الحكيمة من الوقوع في الخطأ the person won't fall into a mistake he knows when to speak and he knows when not to speak he knows when he chooses to speak how to speak he knows who he's talking to everything for him goes in the right place he doesn't go forward unless he has a need for it and he doesn't go and hold back unless he feels there is a a benefit or a need in it so the حكيم is the same root word as the word حكم and it means المنعو we've understood that right و لذلك at the Arab poetry he said عليكم أن أغضبا he said أبني حنيفة أبني حنيفة it's standing in the position of حرف النداء دياء يعني يا بني حنيفة احكيموا سفهاءكم stop your dimwitted ones so he used the word احكيموا what does he mean by it he means stop them why I'm scared that I might become angry with you guys and that might lead to a problem so now that you guys have the chance grab the hands of the dimwitted one and stop them so he used the word احكيموا سفهاءكم احكيموا he means he means hold them back so the word حكم it means what to hold back to prevent as for the authors saying that it means in the Arabic language judging that's not accurate because judging it does it can't be used for it but that's not the that's not the the meaning that it goes back to the real meaning that it goes back to is to prevent because when you judge between two people you're preventing them from both oppressing one another what are you doing يا أور يمنع الخصومة من التضالومي the qaldi when he judges what is he preventing that they don't oppress one another that's why when Allah used it in the ayah وإن حكمت فحكم بينهم بالقصتي and that generally happens a lot when it comes to translations of terms you find that people do it a lot like for example people say يا أور لدينا من تقوى الله those of you who believe in Allah fear him the word تقوى doesn't mean fear تقوى doesn't mean fear and you find people translated to be fear are they wrong in doing so no why تقوى actually means just to take a shield and generally what you take a shield from and you prevent yourself from is you're concerned and you're worried and you're scared that it might what it might come your way so تقوى means take a shield from the hellfire take a shield from the anger and the wrath of your Lord that's what تقوى means but when people translate it or explain it they say يا أور لدينا من تقوى يا أور لدينا من تقوى الله that's not wrong but it's تفسير الشيئ it's translating a word based on what it's going to lead to تقوى leads to the fear of Allah the fear of Allah falls on the تقوى but it does not تفسير المطابقة that's a side point then the author now goes into the technical definition of the word الاحكام what does he do he goes into the technical definition of the word الاحكام and he says رحمه الله وصلحا مقتضاه وخطاب الشرع المتعلق بأفعال المكلفين من طلب أو تخيل أو وضع فالمراد بقولنا خطاب الشرع الكتاب والسنة والمراد بقولنا المتعلق بأفعال المكلفين ما تعلق بأعمال سواء أما سواء which have way when I say it كانت قولا أم فعلا إيجادا أم تركا فخرج به ما تعلق بالاعتقاد فلا يسمح حكما بهذا الاستلاح والمراد بقولنا المكلفين ما من شأنه متكليف فيشمل صغير والمجنون والمراد بقولنا من طلب الأمر والنهي والسبيل الإلزام أو الأفضلية والمراد بقولنا أو تخيل البباح والمراد بقولنا أو وضع الصحيح والفاسد ونحوهما من ما وضعه الشارع من علامات ووصاف للنفوذ والإلغاء ألأ حكام رولين هو حكم وحكم ونغوستيك يعني حجم which has been necessitated by the law or choice or state the intent behind our saying the speech of the legislator is the Quran and the Sunnah the meaning of our words relating to the actions of those burdened with carrying out the obligation of the legislation is what is connected to actions whether in word or deed to do something or leave it so this excludes whatever is associated with belief so it is not called a ruling with regards to this terminology but it is whoever is included by the process of being burdened to fulfill the obligation of the legislation which excludes the young and the insane the meaning of our statement mandated is commands and prohibitions whether it be by way of obligation or preference the meaning of our word choice is in whatever is permissible and what is meant by our word state what is correct or otherwise as dictated by the legislator through signs or descriptions which are to be implemented or cancelled the author now goes into the definition of الحكام the technical definition we've already done the linguistic definition what did we say the linguistic definition was we said it means المنعو that's the correct meaning and that the second meaning that the author gave it which is القضاء it goes back to but in that case there's a great scholar in the Arabic dictionary he's got a good Arabic dictionary book it's called ابن فارس he has a كتاب one of the benefits that dictionary book has is that if a word has many usages he will try to find one or two meanings that all the other meanings go back to to try to find the minimum that the word that the user of this word can be brought back to and that book is very good especially if you're learning the Arabic language it's called معجم مقايص اللغة so here when we spoke about الحكام which brought it only back to one meaning which is that المنعو instead of saying it's two meanings المنعو والقضاء it's better to bring it to one to the bare minimum after we've spoken about its linguistic usage the author goes into the technical usage which is what does حكم mean according to the people of أصول الفق what is their what is their what is their understanding from أصول الفق sorry الحكام the أصوليين the scholars who deal with أصول الفق what does حكام حكم mean to them what is a ruling in the شريع mean to them what's the definition of rulings in the شريع what does it mean according to the أصوليين the sheikh he mentioned it he said مقطباهو خيب so we're going to cover point by point point by point the author said مقطباهو the what اقتضاهو means necessitates and the sheikh chose to use that particular word okay it is what the شريع necessitates meaning what the خطاب الشرع the speech of the legislator whatever it necessitates and the خطاب الشرع is the Quran السنة the إجماع and the محمد رحمه الله he said خطاب الشرع is كلامه عز وجل الله is speech he said خطاب الشرع is كلامه خطاب الشرع is الله is speech but we say that the سنة is in there as well because the سنة is from الله okay because وما ينطق عن الهواء إن هو إلا وحيو يوحى and the poetry said فسنة والنبي وحيو ثاني that the سنة of the بيسوني الإعيacje ومن يشاكilaca في الرسول من بعد ما Guild you ما يتبيّن له الهدة ويتبع غيرى صبيل المؤمنين نولي ما تولى وال 음식 له جهن- delta موساعة ماسرق I'm the correct analogy is a proof and we're going to mention that ختافه when we come to the picture of theCommunication. So let me go back again what does حكومببببببببببببههم ؟ will it means يعني أنه مجدداً من هذه الأفضلات القرآن ، السنة ، إجماع ، القياس والصحوح مجدداً منه الإمام يستخدمون أن يستخدم المقطضة ولم يفعله فقط أنه مجدداً من القرآن والسنة أو أنه خطاب الشرع مجدداً منه ماذا؟ منه حكم لم يفعله ذلك فقال، ماذا يفعله؟ والسؤال here is what does that mean? ماذا يفعله؟ أن حكم يعني خطاب الشرع المتعلقة بأفعال المخلفين من طلب أو تخيير أو وضع ومقطضه ماذا يفعله؟ يفعله أن القرآن والسنة إنه حكم أو يفعله ماذا يفعله من القرآن والسنة إنه حكم ماذا يفعله؟ دعني يتكلم ذلك again ماذا يفعله؟ ما يفعله؟ أن حكم خطاب الشرع في الشريعة هو ما يفعله من خطاب الشرع المتعلقة من القرآن هذا هو the first one the second is أن المتعلقة من القرآن يفعله حكم يفعله حكم ماذا يفعله؟ ماذا يفعله؟ أولا هذا المتعلقة يفعله الذي يفعله لأن بعض الأسكولين يفعله كالفطوحي ابن نجار يفعله رحمه الله إنه سكتام مختصر التحرير في أصول الفق والأسكولين يفعل ذلك بل المتعلقة المتعلقة من فقها جوريات ومعرفة أصوليين يفعله من ما ابن عثيمين يفعله هو أن حكم هو ماذا يفعله من الهداء المتعلقة ومعرفة فقها ومتطلق من أصوليين هي ماذا يفعله؟ المتعلقة هي أن خطاب وشرع ميولة المتعلقة itself هو أوح اوح الخطاب المتعلقة خطاب وشرع خطاب الخطاب يا ما ما هو the difference between the two the difference is that الله said for example in the ayah وقيم الصلاة established a prayer according to the overwhelming majority of usulis this is a hukum the ayah itself the fact that Allah said that itself is a ruling it's called a hukum according to them لكن فقها the jurists that's not a ruling it's not a ruling in the sharia the ruling in the sharia is what's going to be necessitated from the ayah which is الله said سبحانه وتعالى أقيم الصلاة established a prayer and established a prayer it's wajib it's obligatory even they believe that the word wajib is a ruling the word wajib is a ruling and not the ayah is the ruling meaning what they necessitated from the verse also الله said in the ayah ولا تقربوا زينة don't come close to زينة according to the majority of usureen this is a hukum as for the فقها they believe تحريموا زينة the fact that زينة is haram which is what's necessitated from the verse is the ruling it is the ruling again this is خلاف لا يترطبوا علي تمرح it's a khilaf that no benefit will really come out from it so it's really not no point in busy yourself discussing it and looking into it too much and researching it because it all comes back to that same whole it all comes back to the same point the second part of the definition is خطاب الشرع خطاب الشرع is the كتابنة and the ستنة and of course we put in there as well the إجماع and we also put there in there the قياس الصحيح we will put that in there and these are أدلة متفقون فيه أدلة which is معتبرة أدلة which is given consideration أدلة which are يُنانميسلي agreed upon that they are accepted the Qur'an the sunnah the إجماع and the correct قياس the correct analogy those are خطاب الشرع ألمان محمد رحم الله يسد that the خطاب الشرع is الله's speech سبحانه و تعالى so what is it that's not in the خطاب الشرع what is it when we say خطاب الشرع we mean by the speech of the legislator what do we not mean by that what we don't mean is the speech of other than the legislator so the speech of a master to his slave or a wife to a husband in the شريعة that's not considered what it's not a considered خطاب الشرع but it's not considered a حكم it's not a ruling according to them okay then it says المتعلق means which is connected to بأفعال المكلفين this ruling is connected to the actions of the slave a ruling in the شريعة is what it is first point it is الله addressing the message addressing صلى الله عليه وسلم that which is taken from the consensus that which has been brought from a correct done analogy okay what is the addressing like in and what is it took it's addressing and that addressing is connected to what that the خطاب this the speech of the legislator is connected to what it is connected to بأفعال المكلفين and the actions of the مكلفين we're going to speak about what a مكلف is we're going to come to that soon it is connected to the actions of the مكلفين let me just mention it now to make it easier a مكلف is a person who's reached age of puberty and has sanity he's sane and he's reached age of puberty they call this a مكلف so it's connected to the action of the مكلف and when we say it's connected to the action of the مكلف we mean three things three things number one is that which comes to the mind straight away which is that which the slave does his actions the first one is إقاعته وإحداثاته it's what we do it's connected to your actions and that's the one that comes to the mind straight away صح the second one is the speech of the creation you have to pay attention these scholars they consider a حكم only what's connected to your actions what's connected to your speech your speech there's rules that are connected to regarding it now we all together ولي ذلك الله تعالى يسayز وكذلك جعلنا لكل النبي نعدوان شياطين الإنس والجين يوحي بعضهم إلى بعضهم زخر فالقولي ورورا ولو شاء ربك ما فعلوه فدرهم ما إفترون الله يفتر to speech as actions so it falls under there so it falls under the أفعال المكلفين the third thing is what ترك that which you leave the things that you leave is also considered بإفعال المكلفين according to the scholars what you leave is an action what you say is an action and what you do is an action how is what you say sorry how is what you left considered an action because Allah said in the ayah ولولا ينهاهم الربانيون والأحبال وعنقورهم والإثماء وأكلهم السحد لبيئس مكان يصنعون الله سبحانه وتعالى لولا ينهاهم الربانيون if only they stopped their rabbis and their monks from two things two things if they were stopped would stop them from it the first one is the evil speech that they came with and the food and that which they ate which was haram if they stopped them from those two and they look what Allah said what an evil thing that they did but they didn't do anything they actually didn't stop those people so Allah referred to the fact that they did not call to the they didn't prohibit the evil and their their choice of just holding back and relaxing Allah referred to that as an action so not doing anything itself is a it's an action it's an action so pay attention here the rulings of Allah is connected to your speech that's a حكم it is also connected to your actions it's also connected to your what what you do but the rulings according to the أصوليين it's not connected to what you believe أصوليين when they say حكم they don't they're not talking about what's in your heart what's in your heart is spoken about and it's discussed in another science called عقيدة are we all together according to the أصوليين what you believe that's not a حكم to them number two أصوليين your أصوليين there's no ruling connected to that the fact that you're white or you're black or you're Chinese or you're this you're tall you're short no rulings connected to that meaning two people we don't value one over the other and give superiority to one over the other based on their ethnicity and their background we don't we give them value based on their actions and the action that we value them on isn't the three that we just mentioned what they say what they do and what they what they leave off ولي ذلك الله سندي يا يا يا يون ناس وإن أخلقناكم يدكري وإنتها واجعلناكم شعوبة وقبائلة لتعرف وإن أكرمكم إن أكرمكم وإن الله أبقاكم the best amongst you is the one who has Taqwa why because the rulings of Allah is not connected to your essence the essence was only made لتعرفوا so you can recognize one another not so that you can love one another based on it or you can raise one another based on it or that you could favor one based on it لأ that was only made so you know who this person is and his background and his ethnicity and etc and he can recognize you when he sees you and that's some people may like this color to get married to some people might like that color to get married to people varieties and Allah made that سبحانه وتعالى Allah has only mentioned that he created us in different backgrounds in different colors لتعرفوا so you can recognize one another but some people today they turned it into لتقاتلوا so it's a fight with another or that you can hate one another they've changed the verse and they've changed the meaning also that حكوم according to the أصولين is not connected to it is not connected to بالمخلوقات أخرى the other creations out there that's not حكوم for example when Allah says والشمس والضحاها والقمر إذا تلاها and stuff like that and other verses that you're going to see in the Quran where Allah talks about the day and the night and the sun and the moon for them this is not حكوم it's not a ruling these creations this is what's connected to them it's not a حكوم according to the أصولين it's not a أصولين it's not a term then the author then said ما مين شأنه متكليف and him saying this رحمه الله it is تعريف أو صع then that which we have mentioned شيخ من الحثيمين is saying رحمه الله that the حكوم these rulings of Allah is not only connected to what the مقالف it's not only connected to the مقالف it's also connected to what it's connected to any individual ما مين شأنه متكليف who's one time and the possibility of being a مقالف is there and so the صغير and the مجلونة they enter into here he wants to bring them in because the child who's born is a مقالف is he burdened he doesn't have to pray no he doesn't have to pray شيخ من الحثيمين is saying لكن the حكوم he still falls under it maybe not now but it's hovering over his head it's there the minute he takes on puberty the ruling comes into place the one who's insane the minute the sanity comes back the ruling is on him so he used a more vast definition رحمه الله تعالى so the تكليف is two types here that's what he's trying to say تكليف فلحالي and تكليف فلمقالي there's a person who's مقالف right now there's another person who's مقالف in what فلمقالي in the future he's going to become مقالف once one time in his life he's going to be مقالف one time some of the scholars they change the word مقالف and they use the word عباد instead of مقالف they just use the word عباد slaves because that then encompasses everybody the child is the slave of Allah is he not of course so they use the word عباد and I think that is better to be used that is better to be used the reason why it's better to be used is because it is a term used by Allah and it's also a term that fulfills the definition correctly then the author رحمه الله he said مِنْ طَالَا بِنْ this min here is بيانية this min here grammatically is بيانية as it's in the ayah فَجْتَنِبُ الْرِجْسَا مِنَ الْأَوْثَانِ وَجْتَنِبُ قَوْلَنْ زُورِ فَجْتَنِبُ الْرِجْسَا stay away from rich مِنَ الْأَوْثَانِ it's not tab'a'idhi I don't see some from some of them this bayani is to clarify even more for you okay مِنْ طَالَا بِنْ so how does the hukum come about comes about in three ways okay this hukum occurs and it happens in how many ways it happens and it occurs in three ways the first one is طَالَب طَالَب means what you're requested to do something او تخيير the second one is تخيير choice او وضعين or a state you're in a situation you're in a state and there's a ruling connected to that those are the three ways that it happens let's start with the first one which is طَالَب but طَالَب is four types the request is four types A is that which تشريع I requested from you to do in a forceful manner that's the first one it is what the sharia I requested from you to do in a what in a forceful manner the second is that which تشريع I requested from you to do in a recommended manner the third one is that which تشريع I requested from you to leave off in a forceful manner and the last one which is that which تشريع I requested from you to leave off in a recommended manner if you look at the four I mentioned the first one is واجب and the second one is مندوب and the third one is محرم and the fourth one is مكروه four of them they fall under طَالَب request تخيير is choice and what does it mean تخيير choice it means that doing it and leaving off is the same تجويزوا اللي الفعري والتركي على سواء to do it or to leave it it's the same and that one is مباح that is what مباح and last but not least is وضع وضع means state تشريع it placed a sign when this sign comes there is something that you need to now come with this sign it's not upon you to bring it about you're not you're not forced to bring the sign and you're not meant to bring about this state but when it occurs and it happens there are things that are requested from you and وضع five things fall under it سبب شرط مانع سحع الفساد and some other scholars they add even more into it الأداء القضاء and things like that and إن شاء الله تعالى we're going to speak about all of this in great detail it's going to come to us soon إن شاء الله تعالى then the author says شر محمد المصالح with him he says أقسام الأحكام الشرعية تنقسم الأحكام الشرعية إلى قسماني تكليفية ووضعية المشارعين في الشرعية المشارعين في الشرعية يتسأل إلى أقسامة تكليفية ووضعية now we're going to go into the second point that we wanted to talk about in the chapter what was the first thing that we said we're going to speak about in this chapter we said we're going to talk about the definition of أحكام and did we not do that we defined أحكام نوستيقني and تكنيكني now we're going to the second part of this chapter which is types of rulings in the شرعية types of rulings in the شرعية the أحكام الشرعية is divided into two okay the first one is تكليفية and the second one is وضعية first is what تكليفية and the second one is وضعية this categorization it's the view of the overwhelming majority of the أصوليين they're the ones who divide the أحكام الشرعية into وضعية and تكليفية لكن some scholars some أصوليين they don't categorize it into two they categorize it into ثري like سيف الأميدي بس كتابة الحكام في أصول الأحكام he categorized it into three he added an extra one which the author didn't mention here which is تخييري he called it تخييري so he said the three تكليفية تخييري وضعية and the reason why he did that is because he wanted to take the مباح out of the تكليفية he wanted to take the مباح out of the تكليفية and he wanted to make it a separate entity a separate type of categorization and we're going to see later the reason why سيف الأميدي did that is because what is تكليفية تكليفية is a what سطالبوا فعلين أو طالبوا تركين you're either requested to do something or you're requested to leave of something and مباح is a is a request to do something or to leave of something no it's not so he thought that it was better to take it out of تكليفية and to place it in what and give it its own categorization which is تخييري the third one is الوضعي وضعي who already mentioned it it means that the شريع places a sign what does it do it places a sign and you're not obliged to come with this sign this sign only indicates that you have to do something but it is not upon you to come with it and we'll take that in great details إن شاء الله تعالى سن سيف الأميدي تقسيم is better سيف الأميدي تقسيم is better than the تقسيم that is done by the overwhelming majority of أصوليين but either way this is again those kind of discussions which is لا تمر تتحته there's nothing really that you're not going to take a lot out of it by learning why is مباعتك put under حقام الوضعية and why shouldn't it be in there and etc you're not going to benefit much from it so it's one of those things that you should be busy yourself with then the أوثر رحمة الله he said فتكليفية خمسة الواجب والمندوب والمحرم والمكروه والمباح the تكليفية are five واجب obligation مندوب encouraged to undertake محرم prohibited مكروه disliked and مباح permissible the أوثر رحمة الله he now goes into the first type of rulings in the sharia he said that the rulings of the sharia are categorized into two وضعية تكليفية ووضعية the author now is going to the first one which is تكليفية he said that the تكليفية are five and he started with الواجب and then he said المندوب والمحرم والمكروه والمباح each one we're going to take their لنوستيك and technical meaning and matters related to it إن شاء الله but what the author did here is he took the categorization and he took the the method of the جمهور the overwhelming majority of أصوليين which is to categorize the تكليفية those five but the author the order that he did it in isn't the best the author the the order in which he did it in isn't the best order meaning he started from الواجب and then he done the المندوب and then المحرم and then المكروه and then المباح what would have been better is for him to start from من الأعلى إلى الأدنى for him to start from the highest of those five and then make his way to going down the ladder so he would say for instance الواجب والمندوب والمباح والمكروه والمحرم in that order the highest being الواجب and then after واجب is مندوب and then next to مندوب is المباح and then is المكروه and then المحرم that sequence is better because it's the highest to the lowest the شيخ رحمه الله تعالى he didn't use the terms in the method that is used by the أصولين because this subject is أصول الفق the scholars of أصول الفق they don't say الواجب and then مندوب and المباح and المكروه and المحرم they don't say that they say الإجاب الندب الإباح وكراه التحريم they use it in that way where I just said it and the author didn't use that تعبير that method that way he didn't articulate it in that way and the reason why he would do that is because his definition of حكم was what what was the definition that شيخ محمد بن صارح وثييمين chose he chose to define it based upon whose way the way of the فقها which was what مقتضاه خطاب الشرح what is necessitated from the speech of the legislator the ruling remember when we took a ruling in the شريعة شيخ بن عثيمين's definition of حكم ruling was what his definition of ruling was مقتضاه خطاب الشرعي it is what is necessitated from the speech of the legislator and not the legislation speech itself is not a ruling to him or to his definition so because that being the case he wouldn't use the word إيجاب because إيجاب is used for وصف اللحك بشارع when you are describing the speech or the ruling of the legislator and when you use واجب you're describing the action of the مقلف so that's why he would use that تعبير على كل حال these colors of أصول الفق they permit both ways this five categorization of أحكام التكليفية this five categorization these five types of أحكام التكليفية the أحناف the حنفي the حنفيية they add two extra onto that five and they say الفرضو والكراهة وكراهة التحريم they believe that they believe there is a two extra additional types that need to be added the first one is الفرضو and المقوو كراهة التحريم those are the two that they say that should be added onto the أحكام التكليفية the حنفي why did they add these two why would they add these two the حنفي they looked at the واجب and they said that the واجب and the فرضو are two different things according to the other جمهور the other one majority of صوريين and the فقه they believe واجب and فرضو are synonyms they are the same but the حنفي they said no they said no the واجب and the فرضو are not the same why is it not the same they said we need to look at قوة طريق the way in which it came to us the way that it it came to us so yes the واجب the شريعة commanded it in a forceful way yes and the فرض the شريعة requested it in a forceful way yes both are the same but the واجب it came to us through a speculative speculative uh... report whereas the فرضو it came to us in a multitude certain report this report has reached certainty it come to us in a multitude narration large number in large quantity in large mass so it is we're certain about it so this is called فرضو that's what they say the differences and then they say the same with uh... the قراه they say the same with the قراه the قراه for them the قراه and the محرمة two different things مكرو we took an idea مكرو قراه التحريم and the محرمة two different things for them what is the difference they say the difference is again both of them the شريعة have prohibited them in a forceful manner but the uh... what do you call it محرم has been prohibited in a the prohibition the way that it's the report has reached us is قطعي بالطريق قطعي محرم in a certain report the report came through certainty maybe for instance multitude narration mass number of people have reported this that's the محرم and the قراه and the مكرو قراه التحريمنا it is something that the شريعة are prohibited in a forceful manner but it didn't come to us and it hasn't reached us uh... in a certain it hasn't reached us with through certainty so it's based upon غنيني and some of the scholars they said that this this is غير واحد من الأصولينة more than one scholar of أصول الفق they said that this is خلافٌ لفضين this is difference of wordings only okay it's just difference of wordings as we would say in english tomato and tomato however you want to say it's just the same the essence like in it's what it's one and one of the great scholars that went into details by that is إبن الحامة الحمبلي he has a long discussion regarding it in his القواعد and others scholars have spoken about it so according to the حالفيس حمني أحكام التكليفي هذا seven الفرض والواجب والمندوب والمباح والمحرم والمكرو قراه التحريم and والمكرو قراه التنزيه those are the those are the seven that they have then the author رحمه الله he said فالواجب لغة الاساقط واللازم وصطلاحا ما أمر به الشارع على وجه الإلزام كسلوات الخمس فخرج بقولنا ما أمر به الشارع المحرم والمكرو هو المباح وخرج بقولنا على وجه الإلزام المندوب والواجب يثاب فاعلهم تثالاً ويستحق الإقابة تاريكه ويسمى فرضاً وفريضةً وحتماً ولازماً واجب لنغوصاً يعني ما أمره أو ما أمره تقنقاً يعني what the legislator has ordered as a matter of obligation like the five daily prayers so excluded from our statement what the legislator has ordered is what is forbidden disliked and permissible and also excluded from the statement by way of obligation is that which is only encouraged مندوب therefore something واجب is that which if carried out will bring reward for the one carrying it out and the one that feels to do so deserves to be punished which is also called فرض فريضة حتمة ولازم The author here talks about four things now we've already discussed that the أحكاب التكليفية are five he's now going to go into each and every one of those five the first one was what واجب right four points we're going to take إن شاء الله how many points are we going to take we're going to take four points here that the author رحمه الله I discussed the first thing is the definition of واجب and the author gave two linguistic definition of واجب in the Arabic language call it to the Arabs the word واجب in the Arabic language وطلقوا على معنى يعني it is it's two meanings in the Arabic language the first one is الساقط when something drops ساقط means something falls and it drops and this comes from the آية فإذا واجبت جنوبها الله is talking about سبحانه وتعالى the هدي the slaughtering of the camel what does a person do if you want to slaughter the camel what do you do the camel stands on four legs right so what do you do to one of the legs the last one of the legs you tight you tie it and so what you do is you take that animal and throw it on the throat you slaughter it then the animal cannot stand anymore he falls on the floor and the nets will go out faster than him this is to get him to die quicker so he doesn't feel the pain so الله said in the آية فإذا واجبت جنوبها when it's side falls on the floor الله used the word فإذا واجبت واجبت واجب اي ساقط when it's side falls on the ground so the first Arabic usage of the word واجب is what ساقط when something falls that's what it means in the آية when we say وجوب شمسي وجوب شمسي what do you mean by this I mean سقوطها when it falls the second meaning is لازم which it means لازم means necessary something that is mandatory so for example you say واجبت جنوبها the transaction is obligatory yeah it's mandatory and here it goes back to the second meaning here it goes back to which meaning اللازم that's the meaning that we're going to be taking from it okay now we're going to go into the second type of definition we're going to go into the second type of definition what does it mean in according to the أصوليين the scholars of أصول الفق what do they understand from what's the definition of أصول sorry واجب for them the واجب what does it mean to the أصوليين it means ما أمر به شارعه على وجه الإجام so we're going to take one by one the first the شخه says ماء the ود الماء the reason why the sheikh used the ود الماء it's a jins يدخل فيه الحكام الخمسة so he used the ود ماء so he wants all five of them to enter it when he says the ود ماء it's a jins it's an essence and under it will fall all five and then he wants to take one out and the other one out so first of all in a definition you start general and then you start to do إحترازات you start to take out what's not part of it so ماء whatever because the ود ماء is من أدوات العموم it shows generalization right so ماء all of the حكام الخمسة it enters there then he says أمر به الشارعه the شارع commanded it automatically he took two things out of there the what the محرم أنه مكروه the شريعة didn't command that when he said ما أمر به الشارعه that which the شريعة commanded then the مكروه أنه محرم أنه not in there no longer and also what's not in there what's not in there the مباحه is not in there because the مباحه we said before it's not a command nor a prohibition okay so three of them dropped very good that's one view another view of scholars they believe that the مباحه is a أمر and that's the view that we said that شيخ محمد بن صالح عثيمين is upon are we all together because when something is مباح which is permissible even if you're not commanded to do that a particular thing you have to believe in your heart the permissibility of it so you are commanded are we all together does that make sense so for him رحمة الله تعالى he still doesn't believe that the أمر has been taken out of that we haven't taken out the word مباح out of the إحتراز here does that make sense so for him where would it go out it will go out in the point after which is علاوة الإزام am I making sense when you said it all of the five are in there when you said ما أمر به شارع two of them dropped which is what المحر من المكروه you're left with what just left with one more left outstanding شيخ محمد بن صالح عثيمين أمر به شارع the مباح is still in there so where did he how did he take the مباح out of here علاوة الإزام he takes it out of there which is in a forceful manner you know what in a forceful forceful manner that's a view so that's the definition of واجب واجب means what ما أمر به شارع علاوة الإزام wherever the sharia are commanded for you to do in a forceful manner that's the definition of واجب and the sheikh is very as I said before is دقيق he defined it بما هي تشي the real meaning of واجب he didn't define it as many أصولين define it as what ما يترتب عليه that which necessitates from the واجب which is if you do it you get rewarded and if you leave it off you get punished that's the definition which is what that's آثار واجب عما آثار واجب what necessitates from the واجب once you do it but that's not the definition of the واجب صح his definition is good now it brings us to the second point that we want to talk about that the sheikh himself رحمة الله تعالى mentioned which is example for it sheikh mentioned four things he defined it for your linguistic and technically the second thing he did for you here is he gave you an example of it and what was the example he gave الصلاوات الخمسة five daily prayers so he only gave one example of what in the chapters of العبادات he gave you an واجب an obligatory thing in عبادات the chapter of عبادات so we'll give you an example of معاملات which is for instance as زكات زكات is واجب أما أصدق في البيع to be truthful in transaction أو الوفاء في العقود to fulfill your part in a transaction أما أنفقت على زوجة ولولات providing for your wife and your children that's واجب and it enters معاملات so the second thing that the sheikh spoke about is إزامل he gave one example in the chapter of عبادات I gave you an example of in the chapter of معاملات the third thing that we're going to talk about is أثارو الواجب the sheikh mentioned it أثارو الواجب what is the effects what is the results that come from واجب the scholars they look at it from two angles how many angles do they look at it from two angles the first one is أنه يتابه فعيله بقسل امتتان if the person does it to follow الله تبارك وتعالى's commandment then he gets rewarded for it if he's doing it from the angle of a تعبد he wants to be a slave and he's worshipping his master then he's a what he gets rewarded for it like if the person does it بقسل استهزاء he does it out of مقري then he's a what like the situation of the منافقين is he going to get rewarded for it or if a person did it because he was forced to do it all of these don't get rewarded for it فلا يتابع عليه are we all together the person has to do it he has to do it بقسل امتتان he's doing it from the angle of a تعبد he's worshipping الله now point number two that I'm sorry the second angle that we look at it from is أنه يستحق العقاب تاريقه the one who leaves it off he deserves to be punished he deserves to be punished you see we didn't say he gets punished because there are people who are going to leave it off and Allah is not going to punish them are we all together so we say that that person is deserving he deserves to be punished so Allah will punish that person and if he punishes him we believe that is based on who عبد الله وحكمته it's based on Allah's justice and his fairness and his wisdom and if he forgives that person we believe it is because of his what عفوه ورحمته based on Allah's forgiveness and his mercy and if Allah punishes a person we believe it is justice and we believe it is his wisdom of why he did it point number four that we're going to go through regarding الواجب that the author mentioned is the names that the wajib has اسماءه the names that the wajib has the author said وَيُسَمَا it is called فرضاً وفريضاً وحتماً ولازماً it's called فرض it's called فريضا it's called حتم it's called لازم the author didn't mention something else which is مكتوب مكتوب كتب عليكم الصيامه مكتوب all of these are اسماء مترادفة تطلقوا في الاستلاح ويرادي بها معا من واحداً all of those words they mean the same فرضاً وفريضاً وحتماً ولازماً ومكتوباً لكن حنفياً بليف فرضاً واجباً two things two separate things and we mentioned it والمندوب اللغة المدعو واستلاح ما أمر به شارع لا على وجه الإلزامي واستلاح ما أمر به الشارع لا على وجه الإلزامي كالرواتبي فخرج بقولنا ما أمر به شارع المحرم والمكروه والمباح وخرج بقولنا لا على وجه الإلزامي الواجب والمندوب يثاب فعيلهم تثالاً ولا يعقب تاركه ويسمى سنةً ومسنونًاً ومستحبًا ونفلاً مندوب لنغوستيكي يعني شيء أو أحد أصدقائه أو أصدقائه تقنقاً يعني ما هو اللجسلات التي تدفع but not by way of obligation ركمنتها مثل سبحانه وتعالى سبحانه وتعالى سبحانه وتعالى لذا ما تدفع من our statement ما تدفع من our statement ما تدفع من our statement ما تدفع من our statement ما تدفع من our statement ولا بطريقة من our way of obligation ولا بطريقة من our statement لذا when something is مندوب the doer is rewarded for crying out the action and not punished for leaving it it is also called سنة، مسنون، مستحب ونفلاً الآثار now goes into the second type of الحكامة التكليفية the second one the first one was الواجب and now we're gonna go into المندوب and the author here mentions five things he mentions five things number one he defines it he what he defines it he defines it in the Arabic language and he also defines it in what he also defines it according to the أصولي the scholars of أصول الفق the definition of المندوب let's look at what it is in the Arabic language it means it is that which is called towards okay المدعو and the author رحمه الله he didn't say المدعو إليه he didn't say إليه so he chose to get rid of جار ومجرور and the reason why he did that is مبابي تخفيف as a scholar saying just to make it easy for the people and the example that it means المدعو إليه wherever you call a person to because the مندوب means ندب calling somebody to something is the example for that is the line of poetry said by أوني فيبن قريب العمري he said لا يسألون أخاهم حين يندوبهم في النائبات على ما قال برحانا they don't ask their brother meaning their own tribe member they don't ask him حين يندوبهم when he calls them out to a fight and he tells them to go to the fight they don't ask him في النائبات على ما قال برحانا they don't say why are we gonna fight with these people what's the reason they don't ask him whenever he tells them come let's go fight they jump in on this fight they don't know why they're fighting what they're fighting for they we're all together they're just loyal to him so whenever he tells them do something they just jump and they do it but what we want from the line of poetry is لا يسألون أخاهم حين يندوبهم that's what we want from it the word he said that they don't ask their fellow member their fellow friend their fellow brother they don't ask him حين يندوبهم when he calls them صح that's what we want from the word that's what it means in the Arabic language you can find it more if you look in the المسبح المنير والقاموس المحيط if you look at the term ندب if you go to مادة to ندبة you'll find it like that especially if you go to the line of poetry which is in ديوان والحماسة you'll find the explanation for it what does it mean according to استلاح الأصولين the scholars أصول الفق what's their definition of المندوب now we know what it means and in the Arabic language we now need to learn the technical meaning the definition according to the أصولين they say ما أمر به الشارع just like we said for the wajib صح what was the wajib the wajib was ما all the five entered أمر به الشارع the legislator commanded it واجب and mandub so far they're together لكن لا على وجه الإلزام not in a not in a forceful manner مندوب it's a commandment from Allah وعز وجله and Allah requested for the مخلوق the creation to do it but not in a what but not in a forceful manner it's in a recommended manner the second point that the author mentioned here is an example he gave a example first what we have to know is الله وعز وجله He has سبحانه وتعالى He has made it vast the parts in which we can get reward the roads and the means to get rewards are vast and they are large in number and Allah has opened for us many dose of khair سبحانه وتعالى and so because of that Allah made many things mandub in عبادات and also in mu'amalat how you recommended that the person comes with them and from them is like دعاول استفتاح في الصلاة the dua that you make when you're beginning the prayer before you read the Fatiha the dua that you make that's highly recommended رفع اليديني في الصلاة raising your hands up in the salah how you recommended صلاة الضحة highly recommended الاختسال للإحرام to shower yourself before you put your إحرام on is highly recommended كتابة الدين والشهادي عليه writing the debt and also bringing witnesses for it is highly recommended also writing and bringing witnesses for a woman that you want to take back after your divuster وعلى الرجعة في الطلاق it's always recommended it's not obligatory of course this is a رجعة بينونة الصغرة you're taking her back after maybe one or two you've divorced her once you've divorced her once and you want to take her back and the time in which the إد that hasn't finished yet for you to bring people to witness it it's recommended you don't have to because all you just have to say to your wife is رجعتك I'm taking you back that's all مندوب highly recommended the third thing that the sheikh رحم الله spoke about is the out come and the effects that come out from the مندوب the مندوب just like the واجب it's looked at from two perspectives the first one is I know يثاب وفعيله the one who does it he's rewarded بالية تعبودي if he does it امتثالا if he's trying to get closer to Allah by it if he's trying to wash Allah in it سبحانه وتعالى if he is doing it out of servitude then he gets rewarded like the واجب we mentioned number two is I know لا يعقب وتاريكود if you leave it off you don't get punished لكن الامام أبو صحق الشاطبي in his كتاب الموافقات he said something very powerful he said that leaving of the مندوب you won't get punished yes لكن من جهة الجزء it only means specific instance specific incidence if you leave it off it won't be what it won't be a sin and you won't get punished for it but he said if you leave off the مندوب all of them all of the مندوب that there is you leave it من حيث الكل in totality he said يأخذ حكم الواجب now it takes a ruling of واجب you have to do it so he said فالإخلاله بمطلقا فالإخلالي بالواجب so pay attention he said that leaving of all of the مندوب is like leaving one واجب it takes a ruling شاوطبي mentions that in his موافقات the first volume paid 115 and he also mentioned in the second volume of the موافقات page 337 the fifth point that we want to learn about the مندوب that the author رحمه الله شكرا محمد صلى الله عليه وسلم mentioned is that the مندوب that the مندوب is commanded that the مندوب is a command because what did he say at the beginning ما أمر به شارع it is what the شارع commanded and this is the مدهب جمهوروا الأصوليين this is the belief of the overwhelming majority of أصوليين and the evidence for that is إن الله يأمروا بالعدلي العدلي here is واجب والإحسان here is what the مندوب إن الله يأمروا الله commanded العدل which is what والإحسان is the مندوب are you with me so the مندوب and the واجب are both what they are commandment from الله عزة عزة وجلة those are the five points that we take from the author رحمه الله تعالى what he said about the الحكام التكليفية المندوب دين دوءة رحمه الله سد والمحرم اللغة الممنوع وصطلاحا ما نه عنه الشارع على وجه الإلزام بالتركك عقوق الوالدين فخرج بقولنا ما نه عنه الشارع الواجب والمندوب والمباح وخرج بقولنا على وجه الإلزام بالترك المكروه والمحرم يثاب وتاريكه امتثالا ويستحق العقاب فاعله ويسمى محرورا او من نوعا محررا لنغوسيكي means فبدن and technically it means what was forbidden by the legislator as an obligation to avoid such as disobedience to parents so what is excluded from our statement forbidden by the legislator is واجب والندوب والمباح permissible and what is also excluded from our statement an obligation to avoid is that which is disliked so when something is محررا فبدن it means the one who leaves it is rewarded and the one who commits it deserves to be punished it is also known as محضور or ممنور the author here now goes into the third type of لحكام التكليفية the third type but in the third one we have two more remaining after this one and it's المحرم the author here mentioned four things here رحمة الله تعالى the first thing that he did was he defined the definition he defines it linguistically and he also defined it technically the linguistic technique the linguistic the linguistic usage of the word المحرم is الممنوع it is it is الممنوع prohibited وذلك الله تعالى يسرني آية وحرمنا عليه المراضعة what does it mean وحرمنا عليه المراضي عن صورة القصص آية 12 it means مناعناه منهن في القدر we prevented them from it in the qadr you have to understand this is talking about the mother of نبي الله موسى الله تعالى is saying we prevented نبي الله موسى from the breast milk of any other woman he wasn't taking no other woman's breast milk he rejected it so وحرمنا عليه الله used the word وحرمنا عليه المراضعة don't think to yourself that this حرام here is the haram in the sharia because that would mean you're saying that موسى was prohibited from drinking from any other woman شر عن and that can't be possible because he's a صبي he's a little boy he's not a مكلف does that make sense so here الله is using the linguistic definition which is الممنوع we stopped him from it لكن in the qadr universally he couldn't do it نبي الله موسى couldn't take his mother another woman's breast milk he couldn't take it الله said we prevented him this is a ممنوع في القدر it's in the qadr not in the sharia or any other woman can't breastfeed a child pay attention here that's what it means in the language what does it mean in the sharia in the sharia it means ما نها عنه الشارع the word ما again it's a جنس right so all of the five will fall under it all of the five حكامة كليفية will fall under it but then he said نها عنه الشارع the legislator prohibited it the minute he said that the legislator prohibited it the واجب and the مندوب are out of the picture because they are not a prohibition they are a commandment they're the opposite okay and the مباح is not in the picture why is the مباح not in the picture because it is not a commandment in doing it okay and it's also not a prohibition stay away from it على وجه الإلذامنا على وجه الإلذامنا in a forceful mana automatically what goes out of the equation is المكرو because مكرو you're prohibited from doing it but in a recommended mana not in a forceful mana not in a forceful mana and then the author added a term which is بتركي in leaving it off okay and he didn't have to say that because the fact that he said ما نها ما نها that which are prohibited from you that would suffice us but he added بتركي for زيادة بيادة to clarify it even more for the people and the reality is definitions شأنوها الإيجاز بقدر مكان definition should generally try to be short short they're making it long so it would have been better if he said ما نها عنه الشارع على وجه الإلذام leave it there and not بتركي because what we have at the beginning suffices us from having to mention التركي the third thing that the author رحمه الله here mentioned is example the example that he gave is عقوق الوالدين disobedience of the parents and wrongdoing towards them number two another example would be زينا for example زينا fornication and adultery النميما to be a tale bearer قتلوا النفسي التي حرم الله إلا بالحق killing a person who is not lawful for you to kill them all of these are things which are محرم and they're prohibited the effects are the results that come from محرم what are the effects and the outcomes against the scholars they look at the محرم من جهتيني from two angles number one is in terms of leaving it off in terms of leaving it off and that one is categorized into three in terms of leaving it off then the scholars they divide it into three a group of people who are rewarded for leaving off the محرم they actually rewarded for leaving the حرام and that is the one who left it off إمتثالة لله وتعبد الله he is doing it to follow Allah's commandment or he is doing it to stay away from that which Allah prohibited he is doing it for Allah and he is doing it out of servitude then that person will be rewarded that person will be rewarded for leaving the evil act if he did that for the sake of Allah إذا الله سر النعاية ولكن الله حبب إليكم الكفرة ولكن الله حبب إليكم الإيمان وزييله في قلوبكم وقررها إليكم الكفرة والفصوقة والعسيان the second type is a group of people يعقبوا عليه المكلف the person will actually be punished for leaving it he left it but he is still going to get punished and that is the one who left it لغيلي الله فأضل الله عز و جدا he left it but he didn't leave it for Allah سبحانه و تعالى this individual he is a what he is going to be punished for it why لأن لأن تركة في علون because تركة is a what is a تركة في عل leaving of something is an action it is an action from an we mentioned that before لو لا ينهى هم الربانيونة ولا أحباروا عن قوليهم والإثماء و أكلهم السحب لبيئ سماتان و يصنعون the fact that they didn't do anything الله refer to it as an action so leaving of something for other than Allah is like doing something for other than Allah and that we call that what شرق and the person is punishable for that or another person who left something okay he left it after he exerted every effort he wanted to commit zina with a woman he called her he set the time with her he got the he got the ride and everything ready and then قدر الله ما شاء الله فعال the car broke down and he wasn't able to get there and so he just went back home this individual he left it not because he wanted to leave it he left it because he was unable to do it that's in terms of looking at it from من جهة ترك now we're going to look at it من جهة الفعلي from the angle of doing okay and this one is if the person he leaves of the haram so he does the haram he deserves to be punished he deserves to be punished if somebody does haram he deserves to be punished وقد عقب if Allah wants he can punish that person if he wants to and if he wants he can forgive them سبحانه وتعالى so the usage of the author here which is يستحق العقاب فعيله that the one who does the muharram he deserves to be punished is better than those who say عقب فعيله the one who doesn't is punished it's better what he used there's an exception here the exception here is three types of people if they do the haram then they don't deserve to be punished three types of people they don't deserve to be punished even though they did the muharram and who are they the one who does it out of ignorance he doesn't deserve to be punished the one who does it out of duress he's been put into a position life threatening situation where he was forced to do the haram okay or he was about to die so he ate pork he doesn't deserve to be punished and the third one is a person who does it out of forgetfulness you're not allowed to eat in Ramadan right you're not allowed to eat in Ramadan but deliberately eating in Ramadan is haram you deserve to get punished for that but if he does it because he forgot he doesn't get punished for it he doesn't deserve to get punished for it the fourth point that the author رحم الله mentioned here is the names that are given haram the terms that are given and he mentioned المحظور والمعصية he didn't mention that والسيئة he didn't mention that with them but he didn't mention that the author only mentioned the names that are given محظور والممنوع and we added on to what the author رحم الله said three extra we said المعصية معصية is the sin in the month of Muharram السيئة is the sin in the month of the Muharram and الذب الذب is the sin in the month of Muharram and also المكروه the sharia sometimes uses the word مكروه as haram as الله تبارك وتعالى after he mentioned a group of things that were haram such as killing your own children you know committing zina associating partners with Allah after Allah mentioned all of that الله says كل ذلك كالسيئه عند ربك مكروه all of that to your Lord is مكروه مكروه here doesn't mean the definition that we're going to come to soon the مكروه we're going to come to it now it doesn't mean that definition أصوليين mentioned this مكروه that's been used in the ayah here is the synonym of Muharram it's the synonym of Muharram and sometimes the term مكروه to mean محرم was how the salaf were like some of the salaf they would say مكروه and they meant محرم and this is في ألفاثي السالف is كثيرة it's a lot such as for example إيمان محمد رحم الله when he said أكره الصلاة في المقابر أكره الصلاة في المقابر he used the word أكره the prayer in what in the graveyard he also even said أكره الأكل I dislike if we say according to the متأخرين of the أصوليين it would mean I dislike eating in the utensils that are made out of gold and silver and we know that the Prophet ﷺ said لا تأكلوا في آنية الدهبي والفضى do not eat in utensils made out of gold and silver and أحمد said أكره it doesn't mean أكره meaning dislike he said it's حرام and إبن القي من أعلام الموقعين mentioned why the salaf would use the word أكره instead of the word حرام is because من باب التورر they sometimes were trying to be on the safe side they didn't want to jump by saying حرام to everything because الله تباركه تعالى he says ولا تقولوا لما تصفوا السيلة قموا الكدب هذا حلال وهذا حرام لتفتروا على الله الكدب إن الذين افترون على الله الكدب لا يفلحون it was من باب الورع because الله صلنا آية don't say everything that comes to your tongue don't say حلال الحرام so they didn't want to say it like that that's why they did that تأدب مع القرآن now we're going to go into the next one that the author mentioned he said والمكروه لغة المبغض وصطلاحا ما نهى عنه الشارع لا على وجه الإلزام بالتركي كالأخذ الشبال والإعطاء بها فقرج بقولنا ما نهى عنه الشارع الواجب والمندوب والمباح وقرج بقولنا لا على وجه الإلزام بالتركي المحرم والمكروه يتاب تاريك متتالا ولا يعاقب فاعله مكروه لغة المبغض شيء يتبقى ومعاقبا فاعله ما كان مقرورا بالتركي وليس بطريقة ويجب أنه يجب أنه يتبقى كما يتبقى ويجب أنه يتبقى مع الواجبال فالتركي من our statement مقرورا بالتركي هو واجب مندوب والمباح وما كان مقرورا من our statement وليس بطريقة هو المحرم مقرورا وما كان مكروه فالتركي وما كان وكيف و ما كان وكيف و what does what does what does what does مكرورا ما كان مكرورا出來 تواتف从ه٠ شكن كل اي BBC держيم جe آه شكن Lets get started ح THERE المبغض ماذا المبغض يعني؟ it's the opposite of المحبوب that which is loved it is that which is disliked and according to the usage of the أصولين and the technical definition is it is whatever the legislator prohibited again when we say the word five of the fall under it when we say that what falls under here المحرم and what leaves what leaves is الواجب والمندوب they are not in the equation then when the author said لا على وجه الإلزام what left the محرم left so it is what the legislator prohibited in a recommended manner it's recommended you to leave it off it's not saying you have to leave it off but it said it's better you leave it off then the second thing that the author spoke about here is he gave an example and the the legislator he prohibited something from us as the creation why because leaving it is of more beneficial for us there is benefit in us for leaving it but it didn't make it hard on us by saying that if you don't leave it you will get punished for it such as تغميض العينيلي في الصلاة closing your eyes when you are praying in the صلاة أو استقبال القبلة حالة حالة الإستنجاء في الصلاة while you are doing the استنجاء while you are doing the استنجاء while you are cleaning yourself are you with me you all need to know the difference between استنجاء and استجمار استنجاء is استنجاء means to cleanse yourself and to remove from yourself the impurity of whatever came from you but with water with pure water you are cleaning your feces or your urine with water that is called استنجاء استنجاء means using other than water so whichever of those two while you are cleaning yourself there is no prohibition that came regarding it the prohibition that came regarding it is while you are doing your call of nature so the scholars they said this is Mako it is disliked أو شرب قائب أما التطبيب في سوبي قبل الإحرام a person places perfume on himself when he is at the meqaat he is in Makka he is in the hulaifa he puts the atar on himself and then after that he showers he puts the atar on himself and then he places the the haram on himself and he goes you see the type the perfume goes on his body and then now where did it go on they said it is disliked all of these examples I am giving I may not agree with it but don't try to push away the تأسيل because of the تنفيل because of the example I am giving you the examples are not necessary always the correct example but they are meant to do what تقريب الفهم it is meant to bring it close to you just to understand what is happening here يدي الشيبال والإعطائي بها giving with your right hand sorry giving with your left hand and taking with your left hand it is disliked so those are examples that the scholars bring and some of the sheikh mentioned the last one sheikh mentioned the last one as an example for the مكروخ what about the effects which is the third thing the effects that come out of the مكروخ the results that come out of the مكروخ again the scholars they look at it they look at it from two angles the first one is now you تابع على تركي you will get rewarded for leaving it off the مكروخ if you leave it off but you do not get punished you try to get closer to Allah by leaving it off you get rewarded for it but you will not get punished if you fall into it and if you do it you will not get punished if you do it and now لا يعقب على فعره الإماغ أبو صحاقة الشارطبي he said again as he said about the as we mentioned for the مندوب for the مندوب الإماغ أبو صحاقة الشارطبي he said that you won't get punished for doing it من حيث الجز maybe one or two or three صحيح أما من ناحية الكول if you are doing it he said it will take the ruling of the Haram it will take the ruling of the Haram and if you look at his كتاب الموافقات again the first volume paid 116 and also paid 131 he discusses it in great details so it's good to look at it and what is his examples for that and his evidence for that he then says المباح لغة المعلن والمادون فيه وصطلاحا ما لا يتعلق به أمر ولا نهي لذاته كالأكل في رمضان ليلة فخرج بقولنا ما لا يتعلق به أمر الواجب فخرج بقولنا ما لا يتعلق به أمر الواجب والمندوب وخرج بقولنا ولا نهي المحرم والمكروه وخرج بقولنا لذاته ما لو تعلق به أمر لكونه وسيلة لمأمور به أو نهي لكونه وسيلة لمنه عنه فإن له حكم ما كان وسيلة وسيلة له من مأمور أو منهي ولا يخرجه ذلك عن كوله مباح في الأصله والمباح مادام على وصف الإباحة فإن ولا يتوتب إعقاب ويسمى حلالا وجائزا موباح لنغوسيكي يعني شيئا يدخل وطبعا يعني ما لا يتعلق with a command ولا يتعلق with something prohibited في وصف مثل يتعلق ما لا يتعلق with a command is that which is واجب and مندوب وما لا يتعلق is whatever is محرم فبدن ومقروه and what is not included by the saying in and of itself is anything which is connected to a command therefore being a medium which within itself be commanded or something forbidden would also act as a medium to something which would also be forbidden and that would not take it out of the original state of مباح permissible and something is مباح permissible as long as the description is one of permissibility then it will not result in reward or punishment and is also called حلال and جائز the author رحمه الله he now goes into the last and final type of التكليفية the fifth type and he mentioned four things here he mentioned four things the first thing is تعريف what we defined what المباح is in the Arabic language and he mentioned that the مباح in the Arabic language it is referred to in two things the first meaning is المعلن it is to announce something and to proclaim something and that's like the statement of زمخشري the great زمخشري he said وإي يسألوا عن مدهبي لم أبوح به واكتمه كتمانه لأسلمه he said وإي يسألوا عن مدهبي if they asked me about my مدهب لم أبوح به I will not proclaim it I will not announce it لم أبوح به I will not announce it and I will not make it public واكتمه and I will conceal it and then he said كتمانه لأسلمه concealing it and hiding it is most safer for me فإن حنفي قلت بأنني أبيح الطلاة وهو شراب محرمه if I say I'm a Hanafi then they would say I permit that طلاة and that طلاة is a it's a substance that is prohibited to drink وإن مالكيا قلت بأنني they say بأنني أبيح لهم that I permit for them لحم الكلابي the flesh of the dog وهم همه and the dog's flesh is what it really is and the eating of the dog it is the ruling is known وإن شافعيا قلت بأنني أبيح وإن كاح البنت والبنت تحرمه and if I say I'm a Shafi then they say that you permit the marrying of the daughter and marrying the daughter is impermissible وإن حمبلي قلت بأنني if I say I'm a Hanafi they would say تقيل حلولي بغيض المجسم they would say I'm a person who is full of hate and enmity I'm a Haloli who says Allah in the creation in other words I believe in pantheism and et cetera I'm a Mujassem I'm a person who gives Allah a physical body they will say that all about me وإن قلت من أهل الحديث وحزبه I'm from the people of our Hadith يقولوا they will say to me تيسون ليس يدري ويفهموا is one person who doesn't know anything has no knowledge تعجبت من هذا الزمان I'm fascinated with this time and its people فما أحد من ألسون الناس يسلموا there's no person who can be safe from the people's times so if when it came to the other Madhabs he just mentioned a Fiqh issue when it came to Imam Ahmad he mentioned a Aqeel issue because he is a he is a filthy mu'tazili but the thing that concerns us here is وإن يسألوا عن مدهبي if they ask me about my madhab لما أبوح به I will not pronounce it وأكتوموا I will conceal it وإن يسأل كتمانه ليه أسلموا وإن تكنسيل it is better for me so that's the first meaning المعلنو that which is announced and made public the second meaning is المأذول فيه that which is permitted and allowed and the second meaning المأذول فيه that which you are permitted to do permission is given and that's the second meaning شرعي أمه the أصوليين the definition that they are taking they are basing on that meaning which is المأذول فيه that which you have been given the rights and you've been permitted what does it mean according to the definition of the أصوليين it means ما لا يتعلق به أمر ما لا يتعلق به أمر no command is connected to it ولا نهيون and there's no prohibition connected to it لذاتي in and within itself there are three sentences that are connected to the technical definition of المباح three sentences three points are connected to the technical definition of المباح the first thing is ما لا يتعلق به أمر it's there's no command connected to it so it's not واجب and it's not مندوب the second is ولا نهيون and there's no prohibition connected to it so it is not محرم or مقروه لذاته in and within itself here's something that you have to understand which is the مباح in and within itself the command and the prohibition is not connected to it but what can happen is it could happen the مباح which there is a command and a prohibition external from it not in and within itself but external from it something external is connected to a command and a prohibition and so it becomes the مباح is now a means so it becomes commanded for you to either do it or you become prohibited from doing it I'll give you an example eating in and within itself is مباح in and within itself is مباح but let's say if the person is about to die due to hunger then it becomes a jib for that person to eat because it's going to lead to something حرام so the مباح now changes from its original ruling for example buying is مباح in its essence الشراء is مباح in its essence is permissible you're allowed to do it you don't have to, no one's commanding you to do it because it's prohibiting you from doing it but it becomes recommended it becomes recommended if it's a form of beautification for for جمعة for example the person has clothes but they're not as beautiful as this new clothes here he's got the money for it it is recommended here for him to go out and what buy that clothes because identify yourself and looking good on جمعة is highly recommended also eating from the food of زيت for example from the people زيت عمر خالد eating his wealth and using it it's مباح in its essence but there's a high speculation and his wealth has come from حرام and in this situation it's مقروه you're not sure it's حرام it's a high speculation so these are the احترال that come out of the word لذاته so what does مباح mean ما لا يتعلق بأمر there's no command in مباح ولا نهي there's no prohibition in مباح لذاته in and within itself okay second point that the أوطر رحمه الله mention here is an example he gave an example for it ولي ذلك the scholars they mention لحكي بن عاشور في كتاب مقاسد الشريعة الإسلامية he mentioned that the مباح is the most احكام التكليفية الخمسة from the five when it occurs the most is the مباح and that is من رحمة الله تبارك وتعالى بعباده وتيسيره له and that is an indication of Allah's mercy to His creation and that Allah wants to make matters easy for His creation an example of مباح is الأكل في رمضان في رمضان ليلا eating the night of رمضان it's مباح and enjoying your wife is مباح after they purify themselves from the administration to have an intimate relationship is مباح eating fruit and enjoying yourself by eating fruit is also مباح all of these are مباح point number three that the أوطر رحمه الله mention is the effects that the مباح has مباح مباح is looked at from two angles from two perspectives number one is that the مباح remains in its original form if it remains in its original form فلا يترتب علي ثواب ولا عقاب then no reward is connected to it no any prohibition you're not going to be punished for leaving it that if it's left in its original essence but if it's a means to a command or a means to a prohibition then the ruling changes okay the second thing is that the مباح leaves its original form the مباح can leave its original form and it can become واجب and it can also even become مندوب and it can also even become مكروه or it can even become محرم it takes the ruling of the other ones the other remaining four it can take each and every one of them لكن it's مباب الوسيلة in terms of means not in and within itself and I gave an example for each and every one of them I gave an example for it being واجب and I said it's like eating in its original essence but if you're fearful that you're going to die then it's obligatory for you to eat I gave the example of مندوب buying in its original essence is مباح but if it's a means to beautify yourself for جمع then it becomes recommended I also mentioned eating من مالي زيد eating from the wealth of زيد is مباح in its original essence but it becomes مكروه if it's مالو زيد the wealth of زيد there's a high speculation that it's what and I gave the example of حرام which is بيع العنب I'm a بيع العنب selling grapes in its original essence is permissible but it is if you're selling it to a person who's going to make خمر out of it on your show so the مؤباح it became واجب in one situation it became مندوب in one situation and it became مكروه in another situation and it also became محرم in another situation all based on what it being a means to these things the fourth point that the شيخ رحمه الله mentioned is that the مباح it's called حلال a synonym for it is حلال and that is the evidence it has been made for you to have intimacy with your wife at night in ربضان so also جائز جائز is a synonym and the شيخ mentioned those two جائز but what the شيخ didn't mention is طلقا the reason why طلقا is also a synonym of مباح is because طلقا means the شريع unrestrictedly gave the slave choice in this issue whether he wants he can do it or whether he wants he can leave it طلقا now we have finished الحكام التكليفية now we are going to start the second type of الحكام الشرعية which is called الحكام الوضعية the second type of what الحكام الشرعية which is called الحكام الوضعية بأوث رحمه الله he says الحكام الوضعية ما وضعه الشريع من أمرات لثبوت أو انتفائن أو نفوذ أو إلغائن ومنها الصحة والفساد now the author رحمه الله he goes into الحكام الوضعية الحكام الوضعية and the author says the following he says the legislator الله عز وجل he placed signs and when those signs are there then something has become present something has now been taken into consideration something has now been taken into consideration لثبوت أو انتفائن أو نفوذ أو إلغائن and نفوذ أو إلغائن pay attention to that the word انتفاء it is used when something is accepted in باب المعاملات okay ثبوت and انتفاء are both used for باب العبادات نفوذ and إلغاء is used for باب المعاملات and they all mean the same but just in different chapters so in the chapter of عبادات you say ثبوت and انتفاء and in the chapters of معاملات you say نفوذ or إلغاء here what you have to understand is الشيخ رحمه الله he said something which is ما وضعه الشارع he used the word ما وضعه and here it wasn't good that he used the word وضعه because the scholars that speak about صناعة الحدود definitions and how definitions are done those who call themselves علماء المنطق who talk about تصدق and تصدق and they talk about حدود and definitions they mention that you can't bring the term you're defining in the word that you're defining it in we're talking about وضعية and then you say ما وضعه and they call this الدور الدور which means that you're going to go in circles الكفر we speak about this in this كتاب الكليات you're going to go back in circles because you're defining a word but you're using the same term inside the definition which makes it hard to be understood what you're trying to say so you can't define something with something the same thing it's called دور you're going to go in circles and the دور of the definition that كفر we gave is تغوقف العلمي بكل وحد من الشيئين والعلمي بالآخر so الحكام الوضعية ما وضعه الشاريع الشاريع has placed this as a sign it's a sign that this thing is established or it's what it's established or it's not established in عبادات or it's considered in معاملات or it's dismissed and cancelled in عبادات and guess what it's called الصحة والفساد if it meets the criteria if it is in the conditions it's called صحيح and if the criteria and the conditions are missing it's called فاسد in simple terms in simple terms it's like this that the حكام الوضعية is as though the legislator is saying to you if you find this علامة if you find this sign and you find this remember that my ruling in this issue is this the difference now between الحكام الوضعية and الحكام التكليفية is الحكام التكليفية you need to come with it and you need to exert the effort of coming with it like in الحكام الوضعية there's no burden on you to come with it that's not your role it is something that will come naturally الله will bring it about سبحانه وتعالى you just have to wait for its occurrence and once it does then you have to do what you're told to do for example زوالو شمس the sun to reach the zinnith for ضهر to come in okay or to pass the meridian for the ضهر to become obligatory that's not upon you to do that okay and you're not requested to come with that you're also not you're also not requested to come with puberty I was gonna say to you come with puberty and make yourself become a reach age of puberty that's وضعي for instance the wealth you're mal-reaching the amount in which you have to pay the zakat from it it is not upon you to bring it it is not permissible for you to bring it لكن الأحكام التكليفي it's in the ability of the mukallaf you're able to come with it you're able to bring it the أحكام الوضعية are actually five but the author only mentioned two of them and in rest he mentioned inside he mentioned inside there we will pick it all out and they are the author mentioned those two but there are other three that are missing which is الشرطية والسبب الشرط أن المانع we'll speak about that and they all mean نعم the author then says والصحيح لغة الأسليم من المرض والصلاح ما ترتبت آثار فعلي علي عبادة كان أم عقدة والصحيح من العبادات أن يوجود كترتب الملك على عقد البيع مثلا ولا يكون الشيء صحيحا إلا بتمام شروط وانتفاء موانع مثال ذلك في العبادات أن يأتي بالصلاة في وقتها تم تم شروط تم شروطها وأركانها وواجباتها مثال ذلك في العبادات أن يأتي بالصلاة في وقتها تم شروطها وأركانها وواجباتها ومثال ذلك في العقود أن يعقد بي عن تم التنشروطه المعروفة مع انتفاء موانع فإنفقد شرط من الشروط أو وجد مانع من الموانع إمتنعت الصحة مثال فقد الشرط في العبادة أن يصلي بلا طهارة ومثال فقد الشرط في العقد أن يبيع ما لا يملك وجود المانع في العبادة أن يتطوع بنفل مطلق في وقت النهي ومثال وجود المانع في العقدي أن يبيع من تلزمه الجمعة شيئا بعد بعد ندائها الثانية على وجه لا يباح نعم صحيح لنغوستيكي means something free of disease and technically it means from an act of worship or a contract صحيح valid acts of worship are acts that fulfill the responsibility by meeting the requirements and what is صحيح valid regarding contracts is that the effects of it are directly affected by its existence such as a relationship between property and the contract of sale for example so nothing can be valid until it meets the necessary conditions and it's free of any obstacles preventing it from being valid for example part of worship is to perform the prayer on time fulfilling all the conditions pillars and obligatory steps an example of contracts is to have a contract of sale fulfilling all the known conditions without anything that would stop it being a valid contract so if one of these conditions is not present or an impediment is present it prevents it from being valid an example of that is the condition of worship to pray with that purification an example of that in contracts is the absence of a requirement in the contract such as selling that which one does not have an example of the presence of an impediment in worship is to offer a superrogatory prayers at a time of prohibition and an example of the presence of an impediment in contracts is to sell something during Friday prayer after the second call in a way that is not permissible the author رحمة الله he speaks about الصحيح and he mentions three issues regarding it three issues we go through three things insha'Allah the author mentions here the first thing is تعريفه is definition he defines what صحيح means and he defines it linguistically and technically he says that the صحيح in the Arabic language is السليم من المرض that which is free from illness الله has سبحانه وتعالى is freed from illness and the plural of صحيح is صحاح ولي ذلك you say ودراهم صحاح لكن الصحيح الصحيح which is مبدني from the human body فيجمعوا على صحا when it comes to the human body the plural is not صحاح it is what أصحاح والصحاح لغة في الصحيح and the word الصحاح بفتح الصادنة it's a language in the Arabic language you can find them more insha'Allah if you go to المسباح المنير and if you go to القامس المحيط what does it mean in the technical meaning what do the أصوليين mean by it they mean مبادة كانت أم عكدا in simple terms ما تراتبت آثاره عليه شرعه it is any speech or actions in which the شرعي the شرعي جول was reached then this is considered صحيح and the reason why we say the شرعي جول was reached and the effects of what the شرعيه I wanted was found is because a person may pray for example and it may be صحيح from what it seems to what حسن when you look at it it's ok صحيح but according to the شرعيه it is not صحيح so أصوليين when they say صحيح they are not looking at it آثاره عليه حسن the observation that you see when the Prophet ﷺ said to the man ارجع فصلي فإنك لم تصلي go back and pray you haven't prayed that man حسن he prayed but he didn't pray شرعا he didn't pray شرعا because it's not صحيح what he did so we don't call that صحيح then the author mentioned that the صحيح enters two chapters he said he enters the chapters of Ibadat and it also enters what أقد but what would have been better is that the author didn't use the word أقد the reason why شهادات صحيح فوز قدرت الشهادة can be فاسد and it can be صحيح and شهادة is not an act it's not a contract or transaction so if you use the word معاملة it would have encompassed everything it would have encompassed what it would have encompassed الفصوخ and the شهادات all of it so it would have been better if he said عبادة كان أم معاملة or even if he said عادة it would have been good as well I now want to mention as a side point before we move on to the second point what is the difference between صحيح and مجزئ if we say that this Salah is صحيح مجزئ what is the difference the difference is that صحيح it encompasses عبادات and the معاملات صحيح is used for عبادات and it's also used for معاملات whereas مجزئ يختص بالعبادات it's specific to عبادات so for example you say صلا صحيحة or you can say صلا مجزئة you can also say بيع صحيح but you can't say بيع مجزئ you can't say that because بيع is معاملة and the term مجزئ is not used and مجزئ صحيح are synonyms meaning they are used together I mean they mean the same but the usage here is different the second point that the author mentioned here is the آثار the outcome and the effects that come from الصحيح what comes from it is two things okay we have to look at it in terms of these two the first one is the effects that are connected to the عبادات they connected to what عبادات if it's connected to the عبادات then the effect is براعة ذمه براعة ذمه you're free وصقوط الطلب and the request is no longer place your weight the charges are dropped the request is dropped no one is going to demand anything from you so the wajib is not obligatory on you and the request is no longer applying on you that's what it means if you hear that this عبادة صحيحة it means براعة ذمه وصقوط الطلب this person is free to go number 2 is عثار متعلقة بالمعاملات what about when he enters معاملات the effect that he has the outcome that he has it is that ترتب أثارها المقصودة منها على وجودها for example transaction is the intent that was needed is met the objective has been reached for instance the transaction the selling and the buying which is صحيح it is ownership has gone into one person's hand that means this person wanted this product and he now owns it it's his it's going to be given to him take this and this person wanted the money he got the money this now we say ترتب أثارها المقصودة the intent that was needed was reached it's reached why this person owns the product and this man has his money and both parties are happy what about rent the rent that صحيح is that ما ترتب عليها ملك المنفع this person now owns the benefits he can benefit from this place it could use this place what about نكاح which is صحيح نكاح which صحيح is now this meaning this man is permitted and he is allowed to have sexual intercourse with this woman he is permitted for it the last point that the author mentioned is the last thing that the sheikh mentioned is when does something become صحيح this is the important question when does it become صحيح in عبادات and معاملات when does it become صحيح if two things are present if two things are present if two things are present then then it is then it is صحيح in عبادات and معاملات so you can now say this نكاح الصحيح you can say this صلاة الصحيح you can say any عبادات and any معاملات you can refer to it صحيح when two things are present number one تمام جنيع شروطه all of the complete conditions are present if all of the conditions are missing or some of the conditions are missing لم يصحيح اسمع صحيح what's the definition of a chart ما يلزم من عدم إلى عدم ولا يلزم من وجوده الوجود ولا عدم لذاته for instance for example the Salah which is صحيح is the Salah all of the conditions have been found all of the prerequisites are there for instance purification covering your private part facing the قبلة the entering of the prayer time all of these are what they are the conditions of the Salah all of them are met for example the Hajj which is صحيح is conditions have been found in it such as الإسلام والعقل the person is a Muslim and there is also sanity there he is not an insane person but he is the same person for example the transactions that is considered صحيح is that the seven conditions of transaction are present for instance are happy with one another and the other person has the ability to surrender to the product to the person and this من غير حاجة and etc all of the other conditions that are needed the نكاح which is صحيح is the conditions are present for example the two people who want to get married are known and they are both pleased with one another and the Wali is there and he is given the permission and the witnesses are there that is called a نكاح which is صحيح the conditions are there if a condition is missing then we will say this is not صحيح for example زكات without reaching age of puberty sorry زكات without the money reaching the نصاب it is not صحيح fasting رمضان before the time enters is غير صحيح selling what you don't own is غير صحيح and other than that number two the second thing that needs to be found the first one is that all the conditions are present right the second one is انتفاء الجميع الموانعي all of the preventing preventing factors and uplifted if there is a preventing factor there then it's nothing it's null and void it is what null and void for example praying voluntary I'm a supra-rogatory prayers that doesn't have a purpose اللدي ليس الله سبب this supra-rogatory prayer that you're going to pray this تطور that you're going to pray it has no reason and you're going to pray at what at the time when the salah is prohibited then the salah is غير صحيح it's not صحيح because why there is a preventive factor there which is you're not allowed to pray this time you're prohibited from praying this time or giving zakat to a rich person is also incorrect why because there is a preventive factor there which is you're giving to a rich person and that is incorrect you're not allowed to you have to give it to a poor person or for example a woman who's on her medicines she fasts then it's also incorrect why there is a preventive factor here which is الحيدو demonstration selling after the second and then went off and the Imam has climbed the pulpit on a Friday you're selling then this is غير صحيح it's null and void why because you're doing it after the prohibited time so there's a preventive factor so any act there has to be وجود شروطه وانتفاق موانعه the conditions have to be all present and the preventive factors have to be uplifted and gone then we call it صحيح then we call it صحيح then the author he says والفاسد لغة الذاهب ضياع وخصر وصطلاح مالا تترتب آثار فعليه عليه عبادة كان أم عقده فالفاسد من العبادات ما لا تبرع به ذمة ولا يسقط به الطلب كالصلاة قبل وقتها والفاسد من العقود ما لا تترتب آثاره عليه وكل فاسد من العبادات والعقود والشروط فإنه محرم فإنه محرم لأن ذلك من تعد حدود الله والتخاذ آيات يهزوى ولأن النبي صلى الله عليه وسلم أنكر على من اشترت شروطا ليست في كتاب الله والفاسد والباطر ببعدا واحد إلا في موضعني الأول في الإحرام فرقوا بينهما بأن الفاسد ما وطئ فيه المحرم قبل التحل للأول والباطر مرتد فيه على الإسلام الثارف النكاح فرقوا بينهما بأن الفاسد مختلف العلماء في فساده كالنكاح بلا ولي والباطر ما أجمع على بطلانه كالنكاح المعتد الفاسد يمعون أنه شيء محرم أو محرم ومعنى أن الأفكات لا تأخذ من أكترا أو أعجب فالفاسد في محرم الفاسد هؤلاء الذين لا يفهم المحرم فالفاسد في محرم الفاسد هؤلاء الذين لا يفهم مثل قد يقرأ هؤلاء الذين لا يفهم كالنكاح المعتد هؤلاء الذين لا يفهم because that is transgressing the limits of Allah and taking his verses as a mockery because the prophets they are not in the book of Allah فاسد فالفاسد والباطر have the same meaning except in two instances number one in فاسد is what the person in محرم is transgressing before the first constraints of are lifted and if he denounces Islam while doing it number two in marriage فاسد is whatever the scholars differed in as being corrupt or not such as marriage without a guardian and what has been unanimously agreed upon such as the false nature of marriage of a widow or a divorced woman in her waiting period and the author here now goes into الفاسد and فاسد is the opposite of الصحيح and it's the second point regarding الحقام الوضعية we're now going to go over four points regarding الفاسد the first one is the definition of it in the Arabic language and the technical definition in the Arabic language the author says in the Arabic language it means it is whatever is lost that's what فاسد means whatever is lost and it's not in possession anymore according to the definition of it is the the goal has not been reached we haven't attained the effects with the شريعة are wanted from it it's not met the demand of the شريعة hasn't been met so every speech and every action in which the شرعي the effects of the شريعة that was meant to be there is not there it's considered فاسد whether it's عبادة or whether it's a معاملة the sheikh again he says عقدة عقدة again and what is best to use is معاملة so anyways the sheikh is telling us that the فاسد can also enter what إبادة and معاملة and the fact that the author he keeps saying شرعا it shows the benefit that or we said it here the author didn't it's important that we bring the term شرعا because a person can physically be doing something it will be فاسد in the شريعة even though he's physically doing it but because the شرعي goal has not been reached the second thing that we want to stand over is what are the outcomes and the effects that are taken from the فاسد what we take from it is that the فاسد its presence is like its absence وجوده كعدمي whether it's عبادة or whether it's a معاملة its presence and its absent is the same so in عبادة we mentioned before لا تبرأ به ذمة your neck is not free from it لا تبقى على your neck وَلَا يَسْكُتُوا بِهِ تَلَبْ and the request is still on you for example praying a Salah before its timing or praying it before or praying without purification you pray the Salah before its timing or you pray it without any tahrar you're going to لا تبرأ به ذمة it's not lifted from your neck and the request is still there the request is still there or and fasting the missed day of Ramadan you fast on a I'day you choose to fast the Ramadan you missed on a I'day لا تبرأ به ذمة it won't be lifted from your shoulders and the request will not be uplifted from you you're still going to be demanding to come with it and the evidence for that is the حديثة الموسيقى the one who prayed the prayer and he was getting it wrong every time the Prophet was sending him back why? because he was missing the condition of he was not tranquil and so that showed that it was the Prophet was considering like he didn't do it he was saying go back and pray you're not praying also the same when it comes to like you're selling something that is unknown or you're trading in something which is مرهون somebody gave you something somebody took debt from you and they gave you their phone for instance they said to you hold it to my phone until I bring back your loan and so what you do is before they bring back the loan you sell the you're not allowed to all of those are what فاسي دولة اعتبار it's given no consideration الشيغ رحمه الله منشن here is the action of al-Fasid what about the person who does Fasid it's haram to initiate and start an act of Fasad يحر مفرع للفasid to initiate and to start in the beginning it's haram for example somebody passed wind it is not permissible for him to continue praying until he purifies himself he's not allowed to start the prayer without purification and if it happens to him in the prayer he's not allowed to carry on he has to stop both times so he's not allowed to start it something he knows which is Fasid and he's not allowed to carry on if it happens to him while in it both times it is not allowed and you're not allowed to initially enter into a transaction which is ربوي you know it's a rebar based transaction you're not allowed to enter it and if it became clear to you that it was rebar after you got into it you're not allowed to carry on you should stop it the sheikh رحمه الله he mentioned that all of the Fasid in عبادات and in عقود they are all haram and he also said three things that they are they are he said تعد حدود الله تعد حدود الله you're feeling Allah's boundaries and he's referring to the 14th آيان صورة النساء where Allah says ومن يعصي الله ورسوله ويتعد حدوده يدخله نارا خالدا فيها ولهم عذاب موهين the second thing that the author رحمه الله mentioned is واتخادوا آياتي هزوان موكين الله تبارك ويتعالى as verses and he's referring to the ayah صورة البقرة آية 231 where Allah says ولا تتخدوا آياتي الله هزوان and also the sheikh رحمه الله he says it is also that which the messenger rejected which is على من اشترطوا شروطا ليست في كتاب الله those who took a condition that were not present in the book of Allah the condition opposed the book of Allah and he's referring to the hadith I found in Bukhari and Muslim that the messenger صلى الله عليه وسلم يسلم أبالوا أقوام يشتريطون شروطا ليست في كتاب الله ما كان من شرطه ليست في كتاب الله فوى باطر وإن كان مئة شرط the prophet said what is the situation of the people who are placing conditions that are not found in the book of Allah any condition that is not in the book of Allah it is وإن كان مئة شرط وإن كان even if it's a hundred conditions the fourth point that the author رحمه الله mentions is the relationship between الفاسد and الباطل are they synonyms are they different فاسد and باطل are synonyms they are the same بمعن واحد they are according to the overwhelming majority of أصوريين but they only differ from one another في مواضع عيسيرة in different little situations and context they say that they are both not the same the first is in the battle are not the same and the sheikh رحمه الله he mentioned two of them he only mentioned two of them but they are more that are mentioned the first one is فاسد he says حيث فرق بينوما بأن الإحرامة فاسد so for example أمان he had sexual intercourse okay a person done Hajj he's in Hajj he had sexual intercourse وين لكن قبل التحل للأول before the had sexual intercourse with his wife this one is فاسد and battle is if he apostates from Islam whilst he's in a state of إحرام والعياد بالله also the contract of marriage two individuals are married or marrying one another the sheikh رحمه الله he says they distinguish between الفاسد and the battle what is fasted here and what is battle fasted is whatever the فقها differed on like بلا ولي or بلا شهود marrying a woman without her guardian or without witnesses this one they call it fasted or marrying a madousiya a fire worshipper or marrying a woman that you did zina with and the battle is that which the فقها unanimously agreed upon such as marrying a woman who's on her كنكاح المعتد من طلاق a woman who's in her she's in her she didn't leave it or a woman who her husband died and she's still within a period of time you marry her whilst she's in the time or marrying your mother or your sister or marrying a two sisters together in marriage all of these they call it battle that's the difference that the author says is between and we have finished the and we spoke about the two points that the author which is the definition of and the types of rulings in the with defined and technically we've also talked about the types of rulings in the وضعية the two types that they are and we spoke about the five that came out of it in details and then we spoke about and we spoke about the two that came out of it and next lesson we will be speaking about will speak about and knowledge perception and knowledge the author is going to talk about that the reason he will and why he bought that chapter we'll speak about it next lesson anything which I have said that was incorrect or wrong is from me and Shaytan and Allah and his messenger are free from it سبحانك اللهم بحمدك أشهد ولا إله إلا الله