1- Legal Theory (Usul) - Introduction to Science of Usul - Sayed Mohammad Baqer Qazwini

33 Bekeken· 24/07/19

Al-Hujjah Islamic Seminary
1 abonnees

Legal Theory (Usul) 01, offered in 2017-2018, is now available to take online at Al-Hujjah Islamic Seminary. The first five classes are available to view as a demo to get an idea of how the course is instructed. To register for this class, see all class videos, and take the exams, visit hujjahseminary.com. For any questions, email us at [email protected]

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Transcript

[0:00][Music] audhu billahi min as-shaytan ar-rajim bismillah ar-rahman ar-rahim I begin in

[0:10]the name of the Almighty God the compassionate the merciful the one

[0:16]who has created everything an utmost perfection and may appear some Lessing's

[0:20]of the Almighty God be upon his pure and beloved messenger the

[0:28]holy prophet muhammad sallallahu alayhi wa ala and his immaculate progeny of

[0:36]the allen bait especially the leader of our time the awaited savior

[0:40]and imam al-mahdi may Allah haste in his reappearance and make us

[0:44]all amongst us sincere and dedicated servants respected brothers and sisters assalamu

[0:53]alaikum warahmatullahi wabarakatu first of all i would like to welcome you

[1:00]all to this course on legal theory or the principles of islamic

[1:05]jurisprudence in arabic we call it Oh suelen faith or just a

[1:14]soul for short and the seminaries today the most complex the most

[1:20]advanced science is legal theory you will find that scholars and Moraga

[1:27]will dedicate decades of study in order to grasp the fundamentals of

[1:33]legal theory now what is legal theory many people have a difficult

[1:41]time distinguishing or differentiating between Islamic law and legal theory what's the

[1:51]difference between them aren't they pretty much the same science where you're

[1:56]extracting Islamic laws in order to issue for example a fatwa where

[2:02]you're examining in the hadith dissecting analyzing it in order to arrive

[2:06]at Islamic laws aren't they pretty much the same they are interconnected

[2:11]they are similar however there is a fundamental difference between them and

[2:16]let me give you an example to understand the difference between them

[2:19]in logic we have in order to reach at a conclusion we

[2:28]have a minor premise and we have a major premise now Islamic

[2:38]law or further deals with the minor premise where as legal theory

[2:43]or soon deals with the major premise let me give you an

[2:46]example here so we can see what the difference is so here

[2:57]you have the minor premise now which science deals with the minor

[3:08]premise Islamic law for example there's a hadith that says do the

[3:20]Friday shower and listen hustling Jomon there's a hadith that says you

[3:35]should do the friday shower was Little John now this is called

[3:40]the minor premise where do you get this hadith from where do

[3:47]you analyze it you analyze this hadith and the science of Islamic

[3:53]law we call it as this hadith authentic is it not what

[3:58]can we understand from the words of the hadith this you will

[4:05]find in Islamic law now there's a major premise here which science

[4:14]deals with the major premise legal theory the osoo what does also

[4:19]say here what does legal theory legal theory says whenever there is

[4:32]a command then the command is obligatory someone Pimentel someone can come

[4:51]and tell you okay we have a hadith here that says so

[4:53]someone will tell you okay we have a hadith in Islamic law

[5:00]that says if the tested little drama the Imam Mahdi's Salam and

[5:04]the hadith is saying take the friday shower the Vasari who says

[5:08]this is why of mandatory it could be recommended right it's just

[5:13]what's the HOD mr.

[5:15]hub is recommended you're not obligated to do it it's good to

[5:21]do it how do we know this phrase take the friday shower

[5:24]how do we know this is an obligation or a mustahab injunction

[5:29]which science deals with that the science of a Sunni and the

[5:37]science of a Sood we will examine in sha allah once we

[5:40]examine the textbook there's a chapter on commands whenever you have a

[5:44]command in the Quran whenever you have a command from the amount

[5:49]from the Prophet are these commands binding or are these commands just

[5:54]recommendations how do we know there's a science that deals with this

[6:00]it's called legal theory another example that we will read in the

[6:04]textbook let's say you have two hadith one hadith will tell you

[6:13]goose will drum awajum the listen of Friday is mandatory it's watchable

[6:19]another hadith will tell you it's okay if you don't do it

[6:27]Aslam Jamaa so you have two hadith one says doulas legend one

[6:30]says you know what you don't have to do it so what

[6:35]are you having here contradiction right initially you have a contradiction and

[6:38]in Islamic law you will find many such contradictions which science deals

[6:47]with these contradictions to reconcile the contradiction to give you tools that

[6:52]teach you how to reconcile the discrepancy here so that you no

[6:59]longer have a contradiction it's legal theory in legal theory we examine

[7:05]the tools that teach us how to deal with contradictory hadith to

[7:10]Hadees there are that seem to be contradictory first of all we

[7:15]examine why do we have such Hadees sometimes the Imam he himself

[7:20]may have said contradictory statements but there was a reason sometimes it

[7:24]could be narrators who made a mistake sometimes it could be our

[7:29]misunderstanding of the word because sometimes words change throughout time right in

[7:35]our era we have a lot of words that you know did

[7:39]not make sense in the past or they had a different meaning

[7:42]for instance a selfie if somebody comes back from you know four

[7:47]decades ago and you tell them I'm taking a selfie they will

[7:52]not understand what you're saying because society evolved and progressed such that

[7:57]the word selfie now has a different meaning and all these new

[8:01]technological words you know that we use for our gadgets for our

[8:04]social networking if you would say social networking 100 years ago what

[8:09]would it mean something completely different than what it means today right

[8:13]if you give someone a like in our modern era it means

[8:20]something completely different than what it meant 20 years ago 30 years

[8:24]ago now sometimes the reason why we think there's a contradiction is

[8:29]because we have not fully understood the terms in the hadith at

[8:33]the time when the Imam said it there was no contradiction because

[8:39]people understood the words differently now fourteen centuries later we're looking at

[8:42]the Arabic language you're like okay wait a minute there's a contradiction

[8:45]here there's a contradiction here according to today's dictionary there's a contradiction

[8:50]not the dictionary of 14th centuries ago because many words changed and

[8:55]meaning they evolved into different meanings which science deals with all of

[9:01]this teaches you the tools to decipher you know when you have

[9:04]contradictory Hadees how do you resolve the contradiction now if there is

[9:11]a contradiction you used all the tools at the end of the

[9:14]day you as a scholar which hadith are you gonna take out

[9:17]of these two contradictory hadith the science of legal theory Islamic jurisprudence

[9:23]or in Arabic we caught as soon as the science that deals

[9:26]with such matters so do you see the difference between legal theory

[9:34]and Islamic law or you still have concerns or questions about that

[9:38]or the distinction is clear between the two sciences specific laws laws

[9:48]of salah laws of fasting and how do you know examine the

[9:53]Hadees how to try to understand how to apply them to certain

[9:56]cases but you're looking at particular hadith particular cases whereas in legal

[10:03]theory you're not looking at any specific ruling you're looking at the

[10:08]general principles that you use in every book of Islamic law in

[10:15]salah and soul in business transactions across the board you're looking at

[10:20]the tools that you as a scholar need to deal with the

[10:26]general principles that help you arrive at the conclusion just like the

[10:30]example I gave the minor premise do the friday shower pray for

[10:33]liquor if you have doubts this is what you do this is

[10:39]all in Islamic law you get the details from the hadith the

[10:41]next step before you issue a fatwa you need a major premise

[10:47]here okay who says that when the Imam says this it's Rajab

[10:49]maybe it's mus to help you establish a legal theory that whenever

[10:53]you have a command in this particular form then it means an

[11:02]obligation hence the scholar will say okay my minor premise I get

[11:04]it from Islamic law I looked at the hadith the hadith is

[11:06]authentic it's understandable this is what I understand from it the Imam

[11:14]says do the Friday Xhosa then an Islamic law I learned that

[11:18]whenever you have an Arabic a command that follows a particular form

[11:23]or format then it's washab or if it follows a different format

[11:32]it's recommended so when I see the Hadid from the Imam and

[11:34]I say okay in legal theory this type of command is a

[11:39]binding command then I issue the fatwa that Muslim Jamaat is in

[11:44]the Rajab or mustahab so legal theory is step number two Islamic

[11:51]law is step number one as the distinction is clear it's similar

[12:02]to that for example in science you know you go out there

[12:06]in the world and you gather the data but then you need

[12:13]some formula in order to make sense of all this data and

[12:16]reach a conclusion so the Islamic law further gives you the data

[12:24]the numbers the details but then you need principles you need laws

[12:28]to deal with the data to arrive at the conclusion so that's

[12:31]another way of looking at the difference between the two Sciences now

[12:36]this second science obviously you're using a lot of intellectual capacities you're

[12:43]using a lot of logical proofs because you're looking at guidelines you're

[12:49]looking at laws that apply to every book in so this one's

[12:58]very complex and you could see that and the second one you

[13:00]get a lot more ideas a lot more opinions from the scholars

[13:05]and I'll tell you the most difficult class that you'll take in

[13:08]the seminary when it comes to Islamic jurisprudence would be the second

[13:12]one it's very very detailed it is very very complex and all

[13:18]these laws and rulings have just so many layers to them so

[13:23]many different layers if some of you attended the open house I

[13:26]gave another example the law of continuity which we will discuss in

[13:33]sha Allah it's the stop the law of continuity is a law

[13:36]that you can apply in every chapter of you can apply in

[13:40]salah and so in business transactions and Hajj and every aspect of

[13:45]Islamic law you use the law of continuity now where do you

[13:50]study the law of continuty what are its dimensions what are its

[13:55]conditions when is it applied and legal theory so we study that

[13:59]in legal theory once you've studied that in legal theory then you

[14:03]apply it to you apply it to Islamic law and then you

[14:10]derive Islamic laws so this is this is just an overview of

[14:13]the difference between these two Sciences now if you open the book

[14:17]for those who don't have the book we've ordered them chawla by

[14:23]next week we're hoping to get them if you go to page

[14:28]25 now this book that we have here the principles of Islamic

[14:34]jurisprudence was a series of lectures that was delivered at the seminary

[14:39]by the late Sayed Mohammad Baqir al-sadr who was martyred at the

[14:44]hands of the evil bathey regime in the year 1980 by Saddam

[14:51]he was one of the great scholars of his time he made

[14:54]many many contributions to Islamic knowledge whether in logic and philosophy in

[15:00]Islamic law or in legal theory so he has three books in

[15:07]Islamic jurisprudence and this is the first book for the first year

[15:10]or for the first for beginners you know its principles of Islamic

[15:14]jurisprudence at the basic level and then he has another book at

[15:21]the intermediary level and then one at the deeper more advanced level

[15:25]now what's good about this book is that it's been translated into

[15:28]English so you have an English text that's very concise to a

[15:32]large extent it's an accurate translation so we've decided to use this

[15:36]book for this class inshallah this will be you know a text

[15:42]that you can refer to in class after class inshallah as we

[15:47]go forward many of the information a lot of the content that

[15:53]we will be discussed in class you will not necessarily find it

[15:58]here in this book yes the general idea may be presented in

[16:00]the book but when we take it to a deeper level especially

[16:05]with examples that will be from outside of the text but you

[16:08]still need that needed this text to refer to inshallah now the

[16:13]author has this forward in which he examines the history of SU

[16:21]the significance of su and how it evolved so let's start the

[16:23]text so we can gain a better understanding of the science how

[16:27]it evolved did it start at the time of the Imams or

[16:32]this is something that the scholars invented because some people do believe

[16:35]you know they have this misconception that so soon was not something

[16:39]that the Imams you know ever taught their companions especially you have

[16:45]some very extreme akbari's we have in the Shia school of thought

[16:51]two groups you have the O Saudis and dark bodies dark bodies

[16:58]their school of thought is largely dependent on hadith it's very rigid

[17:03]they're kind of fundamentalist when it comes to the hadith you know

[17:07]just look at the hadith take it word for word and there

[17:13]is really no room for you know logic or philosophy or these

[17:17]rational Sciences yes brother there are types of us bodies you did

[17:23]have a body manraja by the way I'm talking about the very

[17:28]very strict ones because you have many great scholars who are not

[17:32]Akbari Akbari and not strictly osuni there were somewhere in the middle

[17:35]even many of the menagerie today by the way they have some

[17:40]elements of dark bodies and also some elements of the authorities now

[17:44]the Saudis for them these principles the strict Oh Saudis for them

[17:49]these principles are the guiding principles and that hadith might come secondary

[17:55]they will spend an entire lifetime developing these you know interesting laws

[18:02]or these principles and then they will apply them to some but

[18:09]their priority is legal theory now the moderate scholars you will find

[18:17]them combining between the two schools you know they will spend a

[18:21]lot of time and dedication with the hadith they will take the

[18:24]hadith of a debate peace be upon them but at the same

[18:29]time they will also have a you know a level of analysis

[18:31]involved in analyzing the hadith in establishing some firm principles many of

[18:36]them illogic today will fall in that category so those extreme extreme

[18:40]akbari's they don't believe in legal theory they believe this science is

[18:46]nonsense some scholars came after the Imams they made it up and

[18:51]it's just you and the hadith don't insert any laws and Critias

[18:54]principles just look at the idea then follow it they're very strict

[19:00]with that they're very rigid you know they take the hadith you

[19:03]know word for word whereas the Saudis know they say the Imams

[19:07]have any debates they themselves trained their students to develop these principles

[19:16]and laws and all that we're doing is we're taking those laws

[19:21]and we're taking them at a deeper deeper level we're giving them

[19:25]more analysis we're expanding on them we're giving them more dimensions so

[19:29]the origin of it is at the time of the Imam Ali

[19:33]Musa Dagh but because at that time you know society was still

[19:36]in its beginning stages they were not ready for those very very

[19:39]complex discussions in legal theory that happened you know at the time

[19:43]of shaky Lucy and onwards so there are some bodies that will

[19:48]come and say you know what legal theory did not exist at

[19:50]the time of the Imam and you know this is not something

[19:54]that you should be studying but this is wrong as we will

[19:57]see in the forward the author will explain you know how this

[20:02]evolved and why this is significant so if you go to page

[20:05]25 let's begin with the forward he says animal oh soon the

[20:12]science of the principles of jurisprudence also called legal theory developed in

[20:18]the bosom of el milf it the science of jurisprudence or Islamic

[20:22]law just as the latter developed in the bosom of nml hadith

[20:27]so here we have three Sciences the earliest of the sciences was

[20:33]one animal hadith because in the beginning those early narrators who were

[20:39]new to the religion of Islam they really did not understand the

[20:43]complexity of Islamic law nor were they ready for these deep principles

[20:51]for them all they were concerned as to preserve the hadith the

[20:55]idea that here from the profit from the Imams just write them

[20:58]memorize them learn them try to apply them but as for the

[21:05]details of Islamic law if you have contradictions you know contradictory ideas

[21:11]what do you do these major premises they were not really experienced

[21:15]in that so the first science that you had was just strictly

[21:18]hadith organized the hadith right it spreaded in society and that's why

[21:27]those early lessons in the Islamic history you'll find a teacher he

[21:30]would sit in the message it all he would do is just

[21:32]read hadith to the people without a lot without much analysis because

[21:39]they were not ready at the time for all these complex debates

[21:42]in that era for them all they need needed to know his

[21:48]basic Islamic laws they were new to their religion of Islam the

[21:52]religion of Islam was in its infancy stage so the Imam was

[21:54]also realized you know not only did they not have the freedom

[21:59]to go and teach up until the time of any Messiah but

[22:02]society was not ready yet so first you had animal hadith then

[22:09]after element Hadi you had al Milford which is Islamic law where

[22:12]now you will find especially at the time of an imam and

[22:18]baccara lisanna you find the Companions they're interested in Islamic law they

[22:22]come to the Imam okay teach us about Islamic law these very

[22:25]you know detailed rulings conducting business transactions teach us what are the

[22:32]principles when it comes to the issue of Salah for example what

[22:36]are the principles and they would get more and more complex so

[22:41]at the time of the early Imams people would ask simple questions

[22:44]you know what's hyland and what's Haram how do you pray day

[22:49]mom would give them very you know specific answers when we come

[22:52]to the time of Alabama Bakr and Omar Masada we see Islamic

[22:57]law expanding we see more complex questions for example someone would come

[23:04]to the Imam he would tell him look teach me a law

[23:09]about Salah for me to know that when I have doubts when

[23:15]is my Salah valid or invalid so the amount on incident gives

[23:19]him one sentence which is a general Islamic law the Imam tells

[23:23]them whenever you have doubt about your record or your sujood the

[23:35]pillars of Salah the Qibla the whoo-whoo if after you prayed you

[23:40]remembered you did not do the although if after you prayed you

[23:43]remembered you skipped or oh cool if after you prayed you remembered

[23:49]you skipped the to students if after you prayed you remembered you

[23:53]discovered that you prayed the opposite direction of Qibla the Imam says

[23:57]in this case of Salah is invalid you have to repeat it

[23:59]here's a law so you don't have to ask me about every

[24:03]specific or Imam I know I had a doubt about my tisha

[24:07]hood about the takbir about this about that the Imam gives you

[24:10]a general principle that applies to the book of prayer in Islamic

[24:17]law la-da-da Solomon comes in lemon comes the Imam says never repeat

[24:23]your prayer unless you goofed with these five Sahara tabular walked would

[24:28]say you prayed and then you realize you know what I prayed

[24:31]the Adhan was not even made yet so that's it remember it

[24:35]was at seven I pray that six thinking melanoma had come you

[24:38]goofed with the time or you prayed and then you realize you

[24:43]know the Sun had already risen when you when you when you

[24:45]prayed my mom gives you a general law so suhara if it's

[24:51]Cabella if it's time if it's Roku if it's sujood consider you

[24:54]saw that to be invalid if you remembered after Sara that you

[25:00]goofed with these anything else you Sara's okay now this is a

[25:04]general principle right now let me ask you this question is this

[25:14]law discussed in further the minor premise or this is discussed in

[25:20]legal theory their mom gives you a general ruling whenever you make

[25:24]a mistake in these five your Salle's valid if it's not in

[25:27]these five your Salah if it's not in these five your son

[25:34]as valid if it's in these five your Salah is not valid

[25:40]to which science does this ruling belong - yes brother if you're

[25:48]traveling and you don't know the direction of the tabular Islamic law

[25:55]states you have to pray in three or four directions and there's

[26:01]no way for you to find out sometimes you can make an

[26:03]educated guess you know you're confident that's it's somewhere in that direction

[26:07]that's fine but let's say you're in a dark room you have

[26:12]no clue so scholars say you have to pray in four directions

[26:14]just to make sure you got the right direction you have to

[26:18]pray four times some scholars say three times you know three like

[26:21]a like a triangle like that Mercedes sign you know three into

[26:35]three directions well see the Quran says we have to pray towards

[26:40]the Qibla so if you have knowledge of the cobbler you have

[26:42]to pray towards the cobbler but let's say you can't find the

[26:47]cobbler you use the compass you used you know what you know

[26:49]about how the Sun move how do you know how the Earth

[26:53]revolves around the Sun you still couldn't figure it out as a

[26:55]precaution you have to pray to for directions but that's very rare

[27:00]it's a very rare instance because you know if the Sun is

[27:02]even if it's cloudy you can tell which direction the Sun is

[27:07]and you can make an educated guess and that's fine now back

[27:12]to my question it comes in legal theory or Africa who says

[27:21]for the ruling that the Imam says that if you mess up

[27:25]in your Salah with these five you have to repeat your Salah

[27:32]who says that's legal theory okay who says it's fit there okay

[27:37]its foot there why why is it not legal theory see even

[27:43]though it's a general principle that teaches you what invalidates Allah and

[27:50]what does not invalidate it but at the end of the day

[27:53]it's specific to Salah can you apply it to Hajj can you

[27:58]apply it to business transactions can you apply it to fasting no

[28:01]it's strictly about Salah so it's a frico issue that's why a

[28:07]legal theory we don't discuss this law this law is discussed where

[28:10]inshallah when we get to the chapter of Salah we'll discuss it

[28:13]there because it's still specific to salon legal theory gives you the

[28:22]tools that you use in every chapter in Salah and so like

[28:26]for example the command pray fast go to Hajj give comes do

[28:31]your business transaction in this way these are all commands these commands

[28:36]apply to every chapter and filter that's why it's a legal theory

[28:39]issue the commands whether they are binding or they're recommended must Ahad

[28:44]so is it clear to everyone why the example I gave about

[28:49]Salah is a fitter issue not an O Sunni issue is that

[28:56]clear to everyone even though it's general the amount is giving you

[29:01]a general principle but it's still a Fricke principle so we see

[29:08]that initially the questions of the Companions they were very simple what's

[29:11]allowed and what's Haram later they evolved no a man teach me

[29:16]what invalidates prayer what does not invalidate it but that's still further

[29:20]at the time of Le Masada and le Marvin but then you

[29:25]get a soon and let's continue to see how we get into

[29:28]a soon it can get absolutely well if someone is not well

[29:41]versed in these Sciences they can confuse the two yes but a

[29:44]scholar who is well-versed in these two Sciences it's easy to distinguish

[29:49]whether this is a rookie principle or an O Saudi prince principle

[29:54]so in accordance with the stages traversed by the science of the

[30:02]Sharia so when we say Sherea Sherea is these three Sciences combined

[30:06]hadith kata o Tsui that's how you get the Sharia the Sharia

[30:10]is all the body of rulings that we have the way of

[30:15]life the code of conduct so whenever we say Sharia Shelley I

[30:19]really is a summary of three Sciences element hadith animal animal oh

[30:25]so that's what Sharia really is the first stage of Sharia was

[30:29]strictly hadith the second stage of Sharia was 130 Islamic law the

[30:38]third stage of Sharia was sued which we're dealing with it was

[30:41]legal theory and it was the final stage of Sharia by the

[30:44]science of the Sharia we mean the science that endeavors to gain

[30:50]knowledge of the laws brought by Islam from Allah the most high

[30:53]all the laws that God has given us we call that Sharia

[30:59]this science began in the earliest part of Islamic history with the

[31:03]efforts of a large number of narrators to preserve and collect the

[31:08]traditions relevant to the laws of the Sharia so you see in

[31:11]that first stage their only concern of these narrators was what just

[31:19]gather collect and preserve don't come up with any laws you know

[31:22]if you would ask a person for example during the time of

[31:26]the Prophet you know tell me this command is that binding isn't

[31:30]binding and what's your proof you know you'd probably catch them off-guard

[31:34]they're not even thinking at that level yet now maybe in their

[31:41]mind when the Prophet says for example do Hustler JAMA and their

[31:46]mind they know whether this is mustahab or Rajab just based on

[31:52]the tone of the Prophet how he said it in one context

[31:54]he said it but they would not be able to analyze it

[31:58]for you so those early narrators they really did not know much

[32:07]legal theory because they were not thinking at that level thus in

[32:10]the first stage the science of the Sharia I was at the

[32:14]level of animal hadith I was strictly I mean how did you

[32:16]deal with narrations the basic task consisted almost entirely of collecting the

[32:25]traditions and preserving their texts that was their task nothing more determining

[32:29]a method of understanding the laws embodied in those texts and traditions

[32:35]was not particularly important at that stage you know they did not

[32:40]gather these nere narrators and say you know what let's develop a

[32:43]science tools general principles that teach us how to deal with these

[32:50]Hadees they were not thinking at that level yet their main concern

[32:53]was just to collect the hadith for it did not go beyond

[32:58]the simple method used by people to understand one another's words in

[33:01]everyday conversation they would hear the hadith from the Prophet from the

[33:04]imam what would the average person understand from that hadith they would

[33:08]stop at that level so this is the first stage of element

[33:14]hadith then we see evolving gradually the method of understanding the laws

[33:21]of Sharia from the texts became more and more complex especially at

[33:25]the time of an imam and bakr now you had people who

[33:29]were serious students they wanted to learn the complexities of Islamic law

[33:36]and they were asking questions that revealed their interest in the depths

[33:42]of sharia until the derivation of law from their sources became a

[33:47]precise and delicate delicate manner demanding profound and expert knowledge so they

[33:51]kept progressing and advancing until they reached a state where you really

[33:56]had to now become a scholar for you to deal with all

[34:02]these hadith to look at these tools and principles and laws to

[34:06]apply those hadees continually increasing efforts were made to acquire the precision

[34:13]required by the understanding of the laws now you had people who

[34:18]were specialized in Islamic law before that Muslims were not specialized in

[34:22]Islamic law yeah they knew some Islamic law but they did not

[34:25]treat it as a science where you sit a few years and

[34:29]you just study Islamic law this was really not existent before the

[34:33]time of an imam and baccara de Sena this happened at the

[34:36]time of an imam in vodka where people were now dedicating their

[34:39]time they were dedicating years just for Islamic law to understand the

[34:46]complexity of it this was not present at the time of the

[34:48]Prophet this was not present at the time of the earlier Imams

[34:56]due to the circumstances of society at the time so the Imams

[35:01]RA him was salam they started offering you know deeper layers of

[35:04]sharia and the people were now at a more advanced age thus

[35:10]the seeds of scientific legal thought developed and the science of jurisprudence

[35:17]was born the science of the Sharia thus ascended from the level

[35:21]of the science of tradition to that of deduction and precise scholarly

[35:27]reasoning from hadith they progressed to deduction to using logical thinking to

[35:33]understand this hadith now in the course of the growth and development

[35:38]of jurisprudence marked by a growing interest on the part of the

[35:41]scholars and the process of deduction the common elements in that process

[35:49]of deduction began to manifest themselves all these students scholars who were

[35:54]studying together looking at these hadith they realized you know what there

[36:02]are common elements here that we keep referring to in analyzing these

[36:06]Hadees for instance there is something called sovereign wad does anyone know

[36:13]what Hubble and wad is in Islamic law we have two types

[36:22]of hadith we have cover that's motivator we have covered that's word

[36:27]the cover that's motivator we call it a successive hadith a successive

[36:33]hadith is a hadith that tens or hundreds of people have narrated

[36:39]tens of companions they witness that they heard the Prophet say Salah

[36:48]is Rajab Salah is three records for mother if right now I

[36:50]ask you as a Muslim so that's in Muslim is how many

[36:54]units you'll say three I'll ask you what's the proof what's the

[36:57]proof somebody asked you right now what's the proof that method a

[36:59]bit three like us how do you know my goodness clinic ask

[37:02]what would you say have you ever seen that hadith I guarantee

[37:10]you none of you have seen those Hadees so how do you

[37:14]know it's three like us but it's not see when you ask

[37:24]an average Muslim that the Salah is three like as for motherland

[37:26]it's not that something they've heard from their scholar or parents and

[37:30]they're depending on them known for them it's your being certainty right

[37:34]so there are some aspects your you know you ask a person

[37:39]you know these details of the AMA of the grave you know

[37:41]the details of the infallibility of the Imams where did you get

[37:45]that from he's like oh there's a trusted scholar and I'm trusting

[37:48]that scholar I learned these from him it's son a thoroughly like

[37:52]I like that or no or it's something like black and white

[37:58]for Muslims that's black and white for Muslims you know a Muslim

[38:01]can go without even needing to have a scholar explain it to

[38:07]them seeing any hadith from the Prophet it's so black and white

[38:10]that's a--that's a little mystery like as that it gives any Muslim

[38:14]certainty and if you want to debate a Muslim it's like you

[38:16]know what let me show you that these hadees they have an

[38:19]issue i have a better hadith that says surat an- for workers

[38:22]they're not even willing to listen to you because that's how clear

[38:25]it is to them this is called Matata muta water is a

[38:33]successive hadith or it's a successive issue that throughout the generation it

[38:40]was so widely narrated that it gave certainty to the new generations

[38:44]so the table your aim those people who were not companions of

[38:49]the Prophet they came with say decades after the Prophet when they

[38:52]grew up with the Companions with their fathers they saw all of

[38:56]the Companions saying the Prophet prayed mother of three loka's for them

[38:59]that was ok enough proof I don't need to go and investigate

[39:02]what's the source of this hadith because everyone in medina prayed surat

[39:06]al-ma'un 3 like us so that gives you your gain and certainty

[39:12]that definitely the Prophet prayed that way it's not possible for all

[39:17]these companions to come up you know with this ruling that saw

[39:19]that in one of its three records it's it's not a there's

[39:25]no such coincidence companions from different backgrounds all of them they agree

[39:30]that the Prophet prayed three like I this is called muta watter

[39:34]successive now anything that does not fall into this category it's called

[39:39]cover wad it's called a single narration it could be one it

[39:45]could be two it could be three but anything that does not

[39:49]give you your pain anything that does not give you certainty for

[39:54]example if you have doubts and the third or fourth icon then

[40:00]what do you do in this case this is a cup of

[40:01]our health we don't have hundreds of hadiths about this it's a

[40:08]few Hadees this is just an example now these students of religion

[40:11]at the time of an imam and Baccarat mama saw them they

[40:13]were looking at all these hadees they started discussing amongst themselves Kabbalah

[40:18]Wyatt if ice if I have one correct hadith from an imam

[40:24]asada Vajrasana is that enough proof for me to act upon it

[40:27]or no they didn't know they were not sure yes it's a

[40:33]hadith if it's authentic but I don't have any Milioti maybe then

[40:36]one who narrated it to me could be wrong well so that's

[40:41]it mentally being feel like as you have any million you have

[40:45]absolute certainty that it's true but when it comes to some of

[40:48]these details even if you see some hadith in the book do

[40:51]you have certainty that the amount said this if you didn't hear

[40:56]it yourself or you didn't hear the Prophet yourself you have certainty

[40:59]a hundred percent that he said it no this is called camera

[41:02]so how about warhead is it enough proof in Islamic law or

[41:08]not these students started discussing these issues another issue they started discussing

[41:13]when they start when they would sit and analyze all these hadith

[41:18]they would see some contradictions amongst the Hadees one hadith says do

[41:23]this the other Hadees says no don't do that so they would

[41:26]ask themselves like what are we doing this case we've got a

[41:29]lot of hadith now and a few of them are contradictory how

[41:34]do you deal with them you see them thinking at a deeper

[41:37]level in order to derive Islamic laws now I'd like to share

[41:46]with you a couple of examples and we'll leave the text here

[41:49]and shala for Wednesday just to show you the level of the

[41:52]thinking of the Companions of the Imam and we'll conclude with this

[41:58]and lamb and Henley one of the great scholars 7th centuries ago

[42:02]he narrates a hadith from zarada zarada what is one of the

[42:08]great companions of an imam sadiq ali son he was a true

[42:11]scholar Zahra says El DeBarge a fur elise' I asked about Jaffa

[42:21]whose Abijah Abijah for the father of Jaffa the 5th Imam Ali

[42:25]Mohammed Barker he says I asked an imam at baccarat listening because

[42:29]he was also a companion of any mammal barker by the way

[42:33]is Arara he comes from a non-muslim family his ancestors were not

[42:38]Muslim initially he was not a father of an inmate and then

[42:43]he would have debates with Ali Mohammed butter until he embraces the

[42:47]followers you know the path of animating becomes a Shia and he

[42:51]becomes one of the best companions of an imam and Bakr and

[42:54]an imam asado so he started his journey of scholarship with an

[42:57]imam in Balkan he says I asked him joined to Fedak may

[43:02]my life be sacrificed for you yet he i'm c'mon c'mon well

[43:06]hadith on and wa'ta'ala two narrations come from you and they're contradictory

[43:12]what do I do in this case for any Omar a hood

[43:17]which one should I take the one that says doulas the Gemara

[43:19]or the one that says you don't have to do those two

[43:21]German that's just as an example I'm keeping it at it I'm

[43:25]keeping it at a very basic level what do we do in

[43:29]this case what Heidi's do I take and they're both attributed to

[43:34]you the Imam Ali Salaam gives him the first principle he told

[43:38]me our are both be mashed Arab anus Harbach whether I shall

[43:44]another it has some zarada there's two hadith right they're contradicting each

[43:48]other which of these hadith is more widely circulated amongst my Shia

[43:58]to take the one that's more famous that more people have heard

[44:02]from me that's more written in books that is more discussed because

[44:06]usually that's an indication that this is the correct hadith because when

[44:11]more people have heard it when it's more documented in books the

[44:14]chances that it could be the correct hadith or more correct and

[44:21]the one that you'll find only one person narrating it could be

[44:24]a couple but the other one could also be humble and warhead

[44:28]because only one person let's say narrated it but those who took

[44:35]from that person the majority of the she I just followed that

[44:38]path they took that hadith even if the narrator was just one

[44:40]because for a Hummer to miyamoto actor you have to have a

[44:46]large number of people who heard it from the a man so

[44:50]he says take the more popular hadith amongst the scholar not amongst

[44:53]you know people who are not experts go to the experts you

[44:57]know for example if you go amongst doctors and there's a dispute

[45:01]amongst doctors you know for this issue a surgery good or not

[45:04]you do research and you say the majority of doctors they say

[45:09]it's good what does your mind tell you what is your intellect

[45:11]tell you go with the majority if the majority of the experts

[45:14]are saying this is good for you then you can you can

[45:19]take the majority as proof so the amount gives him the first

[45:23]principle he tells him see which one is you know popular and

[45:28]which one is not popular at all there's just one person who's

[45:32]documented in his book zarada tells their mommy I say Edie in

[45:38]the home ah man Maharani Maharani uncle he tells him on mom

[45:43]they're both popular the first hadith is widely circulated it's found in

[45:47]our books the second hadith is also widely narrated it's also found

[45:52]in our books then what do we do do you see a

[45:55]lot of how he's thinking at what level this was unprecedented before

[45:57]the time of zarada no one would think at this deep level

[45:59]when it comes to examining Islamic narrations the Imam Ali in Salaam

[46:09]says could be my Gullu Adela homer and Dec what the Coahoma

[46:12]feeling up sick Lamar says look at these narrators narrator a narrator

[46:16]B who is more pious who is more trustworthy in your eyes

[46:25]who's more just Adana they're both good people you trust them but

[46:29]who's more pious who's known to be more truthful take the hadith

[46:36]of that one the Imam is giving him a principal here and

[46:39]then he keeps going he tells them I trust both of them

[46:46]equally they're both at the same level of piety in my eyes

[46:48]then what do I do the hadith is very long the Imam

[46:52]keeps telling him in that case do this do this do this

[46:56]the point here is do you see the level of thinking amongst

[46:58]the Companions of the Imams at this stage so this was one

[47:02]example another example that we find is that Zara also asks the

[47:13]Imam alehissalaam he tells him my toes due to an incident I

[47:23]was injured and the nail of my toe was cut off I

[47:28]can't do whoohoo it will harm me if I want to wipe

[47:30]on my toe the big toe and put water on it you

[47:34]know or with a moist hand what do I do in this

[47:37]case the Imam Ali Salaam tells him zarada Allah has answered you

[47:40]on the Quran but there is no verse in the Quran that

[47:46]speaks about this case that if you are injured and your nail

[47:51]is removed then how do you do although celada he asked the

[47:53]Imam is like what do you mean I can't find such a

[47:57]verse in the Quran about that he tells him Allah says my

[48:01]jannah alaikum for Dini Maharaj Allah has not imposed a burden on

[48:11]you Vlada was smart he got it so he understood that the

[48:14]Imam was telling him in that case just put a piece of

[48:20]cloth on your feet and wipe on the piece of cloth you

[48:22]don't have to wipe directly on the injured area and we call

[48:26]this an Islamic law although eligible if someone has a cast on

[48:29]their hand and the doctor tells them what you can't get water

[48:32]in there and you have to do go soon what do you

[48:33]do just put a plastic wrap around it I'm sorry wipe over

[48:37]it the Imam is teaching zarada that the allah has mentioned the

[48:43]general principle in the quran there is no burden on you so

[48:45]if there's no burden on you does it mean you don't do

[48:49]although of course Allah once will do from you just wipe on

[48:51]it put something and wipe on it and that's your will Allah

[48:56]will accept that as your ruler so the Imam is training him

[48:58]to think at that level another final example that I'll share with

[49:04]you the companion of the Imam he asks him and this is

[49:09]you know an area of dispute between the Sunnis and the Shia

[49:11]do you wash your feet or do you wipe your feet the

[49:17]imam ali said i'm tells him the in the Quran he asked

[49:23]the Imam you know I've read the Quran the verse of wazoo

[49:26]it doesn't say it's not clear the Imam Ali said I'm tells

[49:32]him yes I'll teach you so you see the Imam training him

[49:37]to think at that concise level the Imam says let me read

[49:42]for you you know the verse of the Quran he tells him

[49:44]Felson would you Huck o the Quran in the verse of all

[49:49]who says wash your face there's no ambiguity here you wash the

[49:51]face Seraphina and nan waha Khulna Huyen Balian yoson the imam tells

[49:59]him when allah says wash your face that means a part of

[50:02]your face or your face if Allah tells you wash your face

[50:07]does it mean all of it or just a tiny part of

[50:08]it all of it the Imam is telling him when Allah says

[50:12]in the Quran wash your face then we know that Allah wants

[50:16]us to wash all the face Allah doesn't have to say all

[50:18]the face it's clear from the command when somebody tells you wash

[50:22]this room it means all of them not just one little corner

[50:26]there unless you know that they just want that corner of course

[50:29]then the amount on Islam tells them one idea come immediately after

[50:34]saying wash your face Allah says wash your arms until the elbows

[50:41]from the elbow down then we also know that you have to

[50:45]wash the entire arm not just one side because Allah says wash

[50:51]your arm from the elbow to the fingers then the Imam Ali

[50:56]sonam tells him once aho be Russa come then wipe win a

[51:04]part of your head now this expression a part of your head

[51:08]how did the Imam conclude that from the be if Allah said

[51:16]wipe your head EMSA who rules Akuma it means wipe all of

[51:23]your hand Allah uses one single letter in the Arabic language once

[51:28]aho barrow who succumb wipe a part of your head with your

[51:35]head the letter B in Arabic you can't really translate it into

[51:39]English it's called BA atever if for example it's a word it's

[51:45]a letter that you attach to a word which gives it a

[51:51]partial meaning so he says allah subhanho Tata didn't say wipe your

[51:57]head he put a letter there in sorrow middle o Sikkim because

[52:00]of this letter B we came to know that you wipe part

[52:05]of the head not all of that that's why you just take

[52:07]your hand and you just wipe even you could do it with

[52:11]one finger you could wipe your head with one finger it's fine

[52:12]you don't have to cover the entire area of the head just

[52:17]like you would cover your face or your arms when washing it

[52:19]then Allah subhana WA Ta'ala after mentioning the head he mentions one

[52:28]the feet and your feet so when Allah says and your feet

[52:31]he's referring to the wiping because he mentioned the washing then he

[52:35]got to the wiping and he used a conjunction and and your

[52:40]feet which means it refers back to the wiping and you don't

[52:43]have to wipe all of your feet just a part of your

[52:46]feet so the Imam is training zarada when you look at the

[52:49]Quran examine every single letter it makes a difference this one but

[52:57]changes the whole meaning if you remove the BA the SUNY school

[53:00]of thought would be the correct one but because of that but

[53:06]it changes the meaning and then allah subhanho toilet goes to the

[53:12]feet and the feet would go back to the nearest verb that

[53:15]God uses which is wiping so we know he says wipe the

[53:19]feet so the point here is that you see the Iman Allison

[53:25]I'm training zarada to think at that deeper level it is in

[53:29]this error that we get legal theory this science is born at

[53:34]the time of Zahra when the Imam is training zarada to look

[53:37]at Islamic law at a deeper level and that is when the

[53:42]science is born we will continue in sha Allah Allah Allah Muhammad

[53:46]wali entirely [Music]

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