2- Legal Theory (Usul) - The Common Elements - Sayed Mohammad Baqer Qazwini

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Al-Hujjah Islamic Seminary
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In Lectures

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]

Transcript

[0:14]audhu billahi min ash-shaytani r-rajim rahmanir rahim al-hamdu lillahi rabbil alameen wa

[0:24]sallahu allah sayidina muhammadin wa ala nabina buying lungs of the island

[0:31]from atrani muhammad respected brothers and sisters assalamualaikum warahmatullahi wabarakatuh we opened

[0:40]the text to page 26 in this forward we are still discussing

[0:47]the history of a soul how the science came into being how

[0:56]it evolved and how is it that it came after the science

[0:59]of hadith and the science of Islamic law which we call feta

[1:08]or jurisprudence so in the middle of this page the arthur brings

[1:15]our attention to the historical fact that the Companions of the Imams

[1:21]especially at the time of an imam and Barker and al imam

[1:27]asada peace be upon them they started to think at a deeper

[1:30]level you could tell from their questions they were not asking simple

[1:35]questions as this had on as this Haram they were asking deeper

[1:43]questions and they would ask the Imams to teach them principles and

[1:47]laws we gave a few examples for example if we have two

[1:52]conflicting hadith one says do this the other says do that what

[1:58]do I do in this case and the Imams peace be upon

[2:03]them they would train their close companions their very educated ones those

[2:08]who were scholars by giving them such important principles for example there's

[2:15]one hadith from Alabama robbery Salaam in which he says in this

[2:25]hadith Elena Allah Allah soul walaikum atif real we the Imams we

[2:29]give you the guiding principle the common elements as the book calls

[2:34]them and you branch out you take these laws apply them to

[2:42]different cases and branch out so we give you the pillar and

[2:50]you branch out from it so the Imams would give these principles

[2:53]these rules in Islamic law to their companions so that they don't

[3:01]have to come back to the Imam and refer to them for

[3:04]each single case they could just use general principles and apply them

[3:09]to their cases and they would deduce Islamic laws they would extract

[3:15]Islamic laws so we see this shift happening at the time of

[3:22]an imam in barter and an imam sadiq alayhi salam so you

[3:26]see that in the middle of the page the author says those

[3:33]questions reveal the existence of the seeds of holy thinking among them

[3:39]the companions and of a tendency to establish general laws and delineate

[3:44]common elements when we say common elements in Arabic they are called

[3:50]Allah a NASA and most Erica common elements are those principles that

[3:58]these companions would constantly run into when they would examine the hadith

[4:03]and they would try to apply it to different cases they would

[4:08]run into similar common principles or dilemmas or problems for example the

[4:15]conflicting of hadiths that's that's an example you know they would try

[4:18]to arrive at a solution to an Islamic law they find you

[4:25]have conflicting hadith some companions narrate that's hiding from an amount of

[4:27]Sajha other companions narrate a different Hadees so they begin to ask

[4:32]amongst themselves what do we do in this case or when the

[4:36]Imam says do ghusl of the friday there's a test a little

[4:43]drama is this a binding command Rajab or is this just a

[4:45]Commendation mustahab they would discuss this the companions because sometimes let's say

[4:54]they were not sure we call these the common elements the science

[5:00]of acid is these common elements these common elements we call them

[5:04]the science of oh so what are the common elements the common

[5:08]principles that you need to apply Islamic law one of them is

[5:15]the law of continuity is to stop if you ever have certainty

[5:19]then after you have doubt what do I do in this case

[5:26]the science of 'soul says continue that certainty as we've explained before

[5:31]called the lavas toes hop Shallah later we will examine in depth

[5:36]so you see that the Companions not only were they thinking about

[5:45]these common elements at a deeper level they would actually write books

[5:50]about that an example is Hashanah Boonen hackin was one of the

[5:54]famous companions of an imam sadiq ali Cera Hashanah Delhi came he

[5:57]was a theologian he was a scholar he was a legal expert

[6:04]he wrote a book called katha bond and Favre a book on

[6:13]terms when the Imams use different terms they give different commands what

[6:18]do these commands mean are they binding are they not binding he

[6:22]actually wrote a book on that this reveals how he was thinking

[6:27]at a deeper level he was not only concerned with how you

[6:30]pray what's hollande what's Haram he was concerned with principles that when

[6:34]the Imam speaks to us how do we understand his words his

[6:40]commands are they binding are they not binding if for example the

[6:43]Imam uses a word in Arabic that I'm not sure is the

[6:50]Iman giving me a direct binding command that's an obligation or not

[6:55]an example in English if the Imam says you should not this

[7:00]this phrase should not does it mean that it's how I'm to

[7:07]do it or it means it's makrooh and recommend it to it

[7:12]to do it what would you say if you go to an

[7:13]imam and he tells you you should not do this it's open

[7:19]to interpretation some people can consider it as a command as a

[7:23]prohibition don't do it some people would say no this expression usually

[7:29]it's not a binding command it's used for what it's preferred it's

[7:38]something that is makrooh or recommended if the Imam says you should

[7:41]do this you should do it as another example the amantani Salaam

[7:45]let's say he tells you you should do this act it could

[7:49]go both ways right some of the obligations you know can you

[7:52]tell someone you should pray it's just it's the time for Saratov

[7:59]Lahore and your friend is not praying you tell him you know

[8:03]you should pray the same goes with the Quran exactly but at

[8:10]the time of the Prophet people were really thinking at this level

[8:13]whatever they understood from the Quran and the hadith they just applied

[8:16]it they weren't analyzing all these different expressions so his shaman and

[8:21]how can he actually writes a book on this if the Imam

[8:23]says you should do this you should do is that a legal

[8:29]binding command Rajab is it mustahab is it up to you to

[8:37]decide what is it so the point here is that the Companions

[8:38]of the Imams they were thinking at this deeper level where they

[8:43]would actually write books on it another example is unison Abdul Rahman

[8:49]one of the great companions of an imam sadiq ali sallam he

[8:54]wrote a book called et al hadith the discrepancy or the difference

[9:00]of hadith he actually wrote a book that guides you what to

[9:06]do when you are dealing with two contradictory hadith how do you

[9:10]reconcile them how do you resolve the difference there was a book

[9:15]on that you have another companion Abu Saud and no Bertie another

[9:19]scholar he authored a book called Al moon one who Zeus the

[9:28]general and the specific because this is one of the laws that

[9:32]we will discuss in the science of Massoud if the speaker says

[9:37]as an example respect all scholars all scholars whether they're scholars of

[9:46]religion they're scholars of literature they're scientists any scholar respect them this

[9:53]is a general statement right then you have a specific statement that

[9:58]says do not respect the philosophers let's say the speaker has an

[10:08]issue with philosophers philosophers are these scholars are known and the general

[10:12]meaning of scholars are these scholars or no they're scholars what do

[10:19]you do here one hadith says respect scholars all scholars when hadith

[10:24]says don't respect philosophers initially there's a contradiction right because philosophers are

[10:30]also scholars so the first hadith that says respect all scholars also

[10:36]tells you to respect the Philosopher's the scientists the mathematician the one

[10:43]who knows stuff seer the one who knows it's nine o'clock they're

[10:49]all scholars right so the first hadith if you want to apply

[10:51]it it's telling you to respect the Philosopher's because they're scholars but

[10:55]then there's a specific hadith that says do not respect the Philosopher's

[11:01]do not follow them do not take their word don't respect them

[11:04]as an example initially I have a contradiction hadith numbers one says

[11:09]respect them hadith number two says don't respect them what do you

[11:12]do in this case this scholar and no Beck t he wrote

[11:16]a book on this that if you have something general and something

[11:19]specific and there is an apparent contradiction between them how do you

[11:25]resolve the contradict okay but what's the proof though do you follow

[11:32]the specific in every aspect in all cases or in some cases

[11:41]sometimes what you said what you said could be correct but sometimes

[11:48]we have examples where known the specific cannot override the general where

[11:53]do you study that in a suite and the science of a

[11:56]certain legal theory this is exactly what we study in which cases

[12:03]do you take the specific and you have it override the general

[12:07]and in which cases does the general stay another thing that our

[12:12]scholars mentioned if the Quran mentioned many mentions something general for example

[12:18]the Quran says the food of the people of the book is

[12:27]Halong right and then the hadith comes and says no only the

[12:32]for example the grains then non meat products is Halong for you

[12:40]to eat but as for their meat if they're not slaughtering it

[12:43]the Islamic way then you can't eat it the hadith is specific

[12:49]the Quran says all their food is hellah the hadith says only

[12:51]this type of food of challah what do you do here can

[12:56]the hadith which is specific override the generality of the Quran here

[13:01]or not that's where we discuss it in a suit and scholars

[13:06]say yes the hadith is a correct hadith it can because the

[13:09]Quran mentions many general things you get the specific from hadith but

[13:13]this is a discussion there are some scholars who say no any

[13:19]general thing in the Quran I will not any allow I will

[13:21]not allow any hadith to specify it for me to override it

[13:26]so this is where we discuss it in the science of Masood

[13:28]and we see that the Companions of the imam towards the later

[13:34]imams their thinking at this deeper level and they're actually writing books

[13:37]on these subjects the same example you mentioned yesterday but there are

[13:45]three nodes and over here you don't have contradiction because the Quran

[13:53]just says pray the hadith shows us how to pray but the

[13:59]example that I gave you here with respecting the scholar and the

[14:03]philosopher there's a contradiction the general says because he's a scholar respect

[14:07]him the specific says because he's a philosopher I don't want you

[14:12]to respect the philosophers you have a contradiction but scholars say in

[14:17]this case the specific takes precedence and it overrides the general because

[14:24]that's how society works in law any court system any Constitution any

[14:29]legal work you make general laws and then you can makes you

[14:33]know you can issue specific laws that's fine let's say University says

[14:39]that the tuition for the year 2017 18s $10,000 the general law

[14:50]and then they make what an exception if you're a non-resident you

[14:54]have to pay $20,000 now this specific contradicts the general statement because

[15:01]the general statement says 10,000 it didn't specify for who its general

[15:05]so if you take the generality of it it means everybody has

[15:09]to pay $10,000 but then there is a specific law that says

[15:14]if you're a non-resident if you're out of state for example you

[15:17]have to pay more now is there a contradiction between these two

[15:20]not really initially you you could say there's a contradiction but the

[15:28]specific takes precedence over the general now where do you discuss these

[15:32]details how do you deal with the general how do you deal

[15:35]with this specific if you've got two specifics and in general which

[15:41]one comes first the chronology of it also is important when was

[15:46]the general statement meant was after this specific or before they're specific

[15:49]because you have all this and hadith where do you study all

[15:56]of that animal or soul in ma ba hostel and father in

[16:03]the book that nobert co-authored an arm one caste and a moon

[16:06]one who sues the general and the specific so we see that

[16:08]the science of soon tackles all these common elements now this issue

[16:15]of the general and the specific is it specific to any book

[16:18]in Islamic law or it applies across the board is it specific

[16:23]only to the book of salah if you have hadith about Sunnah

[16:26]and some of them are general some of them are specific then

[16:29]this is how you resolve the conflict or this applies in every

[16:36]field what would you say in every field anywhere where you have

[16:40]a general ruling and then you have a specific one how do

[16:48]you reconcile them this applies to every book of law whether it's

[16:52]on our Hajj or anything else that's why we call it a

[16:57]common element this discussion of the general and the specific and an

[17:02]acid-washed Erika we call it a common element a common element is

[17:05]what we study in assume the law of Estes hub it's a

[17:09]common element the law of continuity it applies in every field so

[17:17]this is what also discusses is it is that clear and the

[17:20]difference between N and Islamic law and we mentioned some other differences

[17:23]in the previous course so we see that the Companions of the

[17:31]Imams they're thinking at a deeper level then in the following paragraph

[17:35]in the middle of it the author says the study of these

[17:38]common elements did not become a separate study independent of jurisprudence until

[17:45]long after the birth of the first seeds of methodological thinking he's

[17:50]saying while some companions were aware of these common elements but also

[17:56]did not really become a science at that point it was still

[17:59]part of further part of Islamic law you would discuss it in

[18:03]Islamic law it was not Britt's study yes there were some books

[18:07]his shop everything hacker wrote a small book about it Eunice of

[18:12]mine wrote a small book about it but it was not separable

[18:17]from Islamic law you still had only and then you would have

[18:23]some discussions on these common elements later on centuries later after the

[18:31]time of for example scholars like a shake of Lucy did soon

[18:36]become a formal official science that you could clearly distinguish from focus

[18:41]on Islamic law now in the following page in page 27 the

[18:50]author makes an interesting observation that the science of 'soul because it

[19:00]was not a concrete science yet it would be mixed with other

[19:04]sciences such as whassat which science let's read until then on the

[19:09]first sentence of page 27 Oh Seward had continued to waver between

[19:14]jurisprudence and an O Sunna Deen the science that we're studying now

[19:23]legal theory it's would waver between Fatah and sulla Dean theology the

[19:29]study of Islamic beliefs thus sometimes discussions on a soul and fit

[19:37]legal theory were mingled with discussions on a solid Dean and Kalam

[19:44]scholastic theology so in this page the author explains that because sulla

[19:51]Dean also had the word soul in it which means the principles

[19:55]of religion and soon in fact legal theory also has the word

[20:02]osoon in the principles of Islamic law sometimes these two would get

[20:08]mixed between each other and therefore you found some discussions in theology

[20:15]they found their way to legal theory because of this confusion which

[20:23]example does the author give here the author gives an interesting example

[20:28]in asserted Dean when we talk about Abaddon Islamic beliefs theology you

[20:35]need to have concrete proof certainty you have to have fully obtained

[20:42]for any belief that you want to have you can't say in

[20:49]terms of the belief that at Eden hey I saw a hadith

[20:50]in this book and now I have this belief system that's not

[20:54]enough why what's the proof that's not enough because the Quran says

[21:00]in navin Elijah Nieman and Shia while I took for my La

[21:03]Salette can be here and when what is run in English can

[21:11]someone translate Lent for us he attained a certainty sheykh is doubt

[21:15]what's fun I'm sure you've heard the word fun what does one

[21:24]mean translate it for us what kind of belief see if you're

[21:31]a hundred percent sure about something that's called yogini if it's a

[21:36]50/50 situation it's called doubt what if it's 80 90 percent what

[21:42]do you call that in English estimated guess what would you call

[21:54]it pretty sure conjecture maybe a supposition and assumption if your skepticism

[22:01]is more in line with doubt when is when you have you're

[22:09]not sure but you're 70 80 percent sure that's called then in

[22:13]the Arabic language suspicion [Music] yes exactly that's the word we use

[22:22]you know you're not sure you're in the Third Reich or the

[22:24]Fourth Reich ah but you have suspicions 80% you're in the fourth

[22:28]Rekha for example according to Islamic law even though suspicions one is

[22:36]never approve but insula it's proof because the hadith says if you

[22:40]have doubts you're in the third or fourth laka if it's a

[22:43]50/50 now then you have to consider yourself to be in the

[22:48]last like I and then you have to do one like a

[22:53]key out as you know a precaution but if you're 80 percent

[22:55]sure you're in the fourth reckon you have no opinion you have

[22:58]no certainty but that 80% is good insulin you can act upon

[23:05]it and you can consider yourself in the fourth record if you

[23:08]have a vine that you're in the fourth Mecca now the Quran

[23:12]as a general rule states and then one Allah you can even

[23:15]a hawkish ayah one does not take you to the truth now

[23:22]you want to believe in the attributes of God let's say the

[23:26]Justice of God infallibility of the prophets the day of judgment some

[23:32]details about the day of judgment let's say some important details can

[23:37]you just grab a book of hadith and say you know what

[23:39]I read this hadith and I'm going to believe in this particular

[23:44]belief because of a hadith can you do that a little sweet

[23:48]a deed you can't why because when it comes to your Ikeda

[23:51]to the Islamic beliefs you need your game one is not enough

[23:59]the Quran says one is not enough you have to have fully

[24:02]Athene certainty why do I believe that God is one that is

[24:08]had tributes are this that he's just that he sent prophets and

[24:10]messengers that the Imam is infallible why do I have these beliefs

[24:16]I have the Hakeem and that's why by the way when it

[24:17]comes to the pillars of faith or Saudi Dean there's no technique

[24:23]you don't follow anyone you have to have your audience that God

[24:27]exists and he is one about some of the attributes of God

[24:30]the prophethood ammama the day of judgment these are things that we

[24:36]need to know we need to know their proofs - I can't

[24:38]say all just because my mother says you know the day of

[24:44]judgment exist then it exists or my parents say that the Imams

[24:47]are infallible then they're infallible most scholars say that's not enough because

[24:51]it's a pillar of faith it's part of Osuna Dean you have

[24:57]to have your gain so in Osuna Dean and I eat that

[25:05]we have to have faith some early scholars they got this concept

[25:09]and they applied it - oh so Delphic so they said any

[25:15]principle that you want to discuss any common elements you want to

[25:18]discuss a legal theory you have to have in your team one

[25:20]hadith is not enough to hide its are not enough you need

[25:25]to have tons of hadith so you're sure and you obviously the

[25:30]author says why did this confusion happen because o Sood was not

[25:36]a separate science legal theory was not a separate science you had

[25:41]some principles from other sciences that found their way into soon and

[25:47]hence those early scholars of legal theory they would tell you okay

[25:53]you want to discuss a principle in a soil such as the

[25:58]general and the specific contradictory hadith and so on and so forth

[26:01]what's your proof for that it's just hard for example the law

[26:05]of continuity what's your proof for that you would tell them my

[26:08]proof I have a hadith from an imam sadiq ali shannon he

[26:10]says don't negate certainty with down it's like okay just one hadith

[26:15]I'm like yeah I just want hadith and it's a correct hadith

[26:19]what would they tell you that's not enough you can't establish a

[26:23]principle in the Sood a legal theory just with one hadith maybe

[26:28]the narrator of the hadith flight maybe he moves mistaken maybe there's

[26:34]another hadith that contradiction and it never reached us there's always room

[26:38]for doubt right so they would say that's not enough you could

[26:45]not do cus it nowadays scholars say no if you have one

[26:50]hadith and it's authentic it's enough proof you can discuss it in

[26:57]legal theory and you can establish laws from it because it's proof

[27:00]between you and a large proof it's not like a sunni Dean

[27:03]and that ADA and the belief in the oneness of God and

[27:07]the day of judgment and your milk Diana and prophethood such that

[27:10]you need full absolutely appeal when we say the Prophet appointed Imam

[27:16]Ali Ali salam as the successor are we just using one hadith

[27:21]to support this no we have taught or we have successive narrations

[27:25]to the point of e again that the event of the deal

[27:31]happened see that's part of a Sunni Dean I can't say mom

[27:33]I need honey for just because there's two hadith it's about that

[27:37]well they could be wrong these two hundred sorry you know but

[27:41]when you have hundreds of hadith about a subject your mind tells

[27:45]you it's impossible that all these different ideas are wrong okay one

[27:48]hadith could be wrong second one could be wrong maybe two or

[27:51]three of them conspired and they forged the hadith but hundreds of

[27:57]companions from different backgrounds they're not even related to each other they

[28:01]just suddenly decided to come up with the story of Hadiya impossible

[28:06]so in a sort of Dean you need your team right but

[28:10]in also effect you don't really need your team if you have

[28:13]one hadith that's often think it's enough proof between you and Allah

[28:16]just like the details of salah the details of surat do you

[28:21]need hundreds of hadith for each detail know the merger looks at

[28:24]the books he sees one correct hadith and he'll give you the

[28:29]fatwa about how to do the Salah about the doubts of Salah

[28:31]but the details of hunt all of that does not require a

[28:35]hundred percent here pain as long as you have one valid authentic

[28:39]hadith you can depend on it but those early scholars because they

[28:43]confused or so Nadine which is the Arcadia and the belief system

[28:49]with a Sudan feck which is legal theory they would say you

[28:55]need folio pain for some of these you know and I saw

[29:00]that which they like a common elements for some of these principles

[29:02]and this created a problem so the author is saying why did

[29:06]this happen is that because they confused the two sciences or sometimes

[29:10]they would bring ideas from theology and they would discuss a legal

[29:14]theory and today you're sitting like okay what does this have to

[29:16]do with legal theory this is a philosophical theological discussion and the

[29:23]author gives some examples the reason is very simple the reason is

[29:31]that at that time or sue legal theory was still not a

[29:34]separate science who was part of was part of assorted Dean it

[29:38]was part of these other Sciences later on when the scholars started

[29:44]to analyze the science they developed it into a separate science as

[29:47]we have it today today it's a separate science but initially it

[29:50]was not it was in its infancy stages so this is what

[29:55]you find in page 27 and he gives a few examples from

[29:58]you know previous scholars like a satan Mortimer and his book a

[30:04]very how he would talk about this issue and he would say

[30:06]that we see some scholars there bringing ideas from theology and inserting

[30:09]it into the science and it has nothing to do with it

[30:14]so he's kind of frustrated but the reason for that is because

[30:16]it was not a separate science now when we go to the

[30:25]following page we see that the author continues to speak about the

[30:30]evolution of soon until we reach the time of a shake of

[30:37]busi you'll find in the second to last paragraph in kitab and

[30:44]lauda kitab and Odell was one of its kind it was probably

[30:48]the most important work on 'soon in that period where a shaker

[30:53]in his book he talks about soon as a separate science and

[31:01]he clearly differentiates it from Fatah and Islamic law and the book

[31:06]of an order we're talking about a thousand years ago so we

[31:09]see scholars like a to see who act chillie sat down and

[31:13]they developed the science and realized there is you know this is

[31:17]a separate science let's treat it as a separate science and he

[31:22]mentions a lot of principles that today are discussed in legal theory

[31:24]so I sure hope Lucia had really one of the biggest impacts

[31:28]on legal theory he accelerated the evolution of legal theory and the

[31:33]development of it as a separate science and until today scholars benefit

[31:39]from his book it's called a nod it's an Arabic of course

[31:43]now in the next chapter we see that the author speaks about

[31:54]another interesting reason why the science of 'soul or legal theory developed

[32:00]now in the forward as you as you've noticed in this course

[32:06]and the previous course we're looking at the history of a suit

[32:08]because we should know how the science developed this is important in

[32:12]understanding the science then inshallah we'll get to these details and we'll

[32:16]examine these common elements which is very interesting but for now the

[32:20]authors still you know speaking about the historical evolution of aluminous or

[32:25]so in the following heading you'll see that the author says the

[32:30]historical necessity for a suit the summary of what he says in

[32:39]this page is that one main reason why later scholars later companions

[32:45]needed osuni was that there was a gap between them and the

[32:50]time of the prophet and the Imams it is this gap that

[32:55]made it necessary for us to have a science called legal theory

[32:58]household the author gives an example he says if you lived at

[33:05]the time of the Prophet you saw him with your own eyes

[33:07]you heard everything that he said did you really need to go

[33:15]and study which hadith is authentic which Hadees have not ascent authentic

[33:19]how do I examine a Senate or a chain of narrators if

[33:22]there's conflicting hadith did you need all this I well you didn't

[33:27]you go to the Prophet you hear him you act upon what

[33:32]he said very simple did you have to go and examine you

[33:35]know and say you know what the Prophet when he said this

[33:42]command was it a binding command was it a recommendation what word

[33:45]exactly did he use not really because you heard the exact words

[33:49]of the Prophet you know in what context he said it with

[33:54]what tone he said it all that was available for you now

[33:57]go a century later where you lost all those clues that context

[34:05]and remember the books they for example the coffee the book of

[34:08]coffee the hadith of the Imams are these the exact same words

[34:14]of the imam or this is the narrator what he understood and

[34:16]what he wrote for us not all of it is the exact

[34:22]word of them are some of it is paraphrased a lot of

[34:25]it is paraphrase you go you have a discussion with the Imam

[34:28]when you come out of the discussion you write you document it

[34:31]but a lot of it is your own words your paraphrasing but

[34:33]the point is when you paraphrase some of it sometimes you lose

[34:36]some subtle points right whereas if you yourself were present there and

[34:42]you heard the Prophet nobody is paraphrasing for you you directly hear

[34:45]the Prophet so now if you lived at the time of the

[34:50]Prophet you really didn't need legal theory because everything was clear to

[34:53]you in what context was it said with what tone what wording

[34:56]there's no discrepancy but once you come after the time of the

[35:04]Prophet and the Imams you have a gap and when I Masada

[35:05]Ali stop when he said this hadith how did he say in

[35:10]what circumstances what did he mean by it are these his exact

[35:12]words or was the narrator paraphrasing this all makes a big difference

[35:19]in how you understand the the hadith that's why you needed legal

[35:23]theory so one reason why this became necessary was this historical gap

[35:28]let me give you one example when you open some of our

[35:37]books you see a hadith that says and what I do whoo-hoo

[35:39]Abby does anyone know arabic to translate for us what this phrase

[35:51]means the Sun what does mild mean assets wealth whatever your own

[35:57]your belongings the Sun and whatever he owns lab' is for his

[36:00]father now you as a scholar you want to issue a fatwa

[36:05]you have a hadith in our book that's a correct honey so

[36:09]I'm the profit from the Imams what is this hadith mean according

[36:13]to Islamic law a father owns everything that his son owns right

[36:18]so if you have ten thousand dollars cash your dad owns it

[36:23]too he could take from me he could spend it however he

[36:25]wishes according to this hadith right and you as a scholar you

[36:28]will issue a fatwa all you sons out there and daughters your

[36:35]parents your father they could take your money any time they want

[36:39]now if you look at this sentence in itself you can issue

[36:46]such a fatwa however when you go research how the Prophet said

[36:50]it he was answering what question he was addressing what case you

[36:54]realized that's not what the Prophet meant when you read this story

[36:58]of it what was the story of it a man comes to

[37:02]the Prophet he tells him Yatta so Allah my father is being

[37:07]oppressive he's taking my money the Prophet told him go get your

[37:11]father his father came the Prophet told told him is that true

[37:14]are you taking money from your son without his permission he told

[37:20]him me out of surah allah i raised my own son when

[37:22]I was poor I raised him I spent on him from my

[37:29]own money and now I'm unemployed I'm starving to death and I

[37:34]have to support my family but my my son has somebody sometimes

[37:39]I will take some money from him to spend on him and

[37:41]my family on everyone in that case the Prophet peace be upon

[37:49]him looked at the son he gave him moral advice and it

[37:51]look you and everything that you own is for your father this

[37:57]is not a legal order or command it's a moral command the

[38:01]Prophet is telling him shame on you your father who raised you

[38:06]and now he's unemployed he's starving he has no food you're not

[38:11]willing to give him some money and the father said I just

[38:15]take some money just so I don't starve the Prophet was rebuking

[38:18]him you know I same on you for you to come and

[38:21]complain you should take care of your father so the Prophet is

[38:25]not making a general legal command here that all of you sons

[38:28]and whatever you own belongs to your father no the Prophet is

[38:34]giving moral advice I beg you no shame on you why should

[38:37]you complain from your father what he's taking some money now when

[38:42]you look at the story and the context of it it becomes

[38:44]clear what the Prophet meant this is a very basic example by

[38:48]the way we have very complex examples in Islamic law now if

[38:50]you were present at the time of the Prophet would you have

[38:55]this confusion no everything is clear to you you saw exactly what

[38:58]happened when you come later centuries and you see the scholars have

[39:02]mentioned one line and you don't know the story behind it you

[39:06]have to search and sometimes you find in other books at the

[39:10]story behind it then you realize you know what this is not

[39:14]what it meant and means something else so this historical gap is

[39:21]what really Newton is what necessitates for us to study or soui

[39:25]because then you get contradictions like that one hadith says no you

[39:29]only own your belongings your dad doesn't own anything one hadith says

[39:32]whatever you own it's your dad's you have a contradiction here but

[39:38]when you examine the context of that first Holi there is no

[39:42]contradiction it's just a moral you know command from the Prophet so

[39:47]that's what the author discusses pretty much in this chapter inshallah we

[39:54]will continue next week and we will finish the introduction and the

[39:58]foreword and we will begin with the definition of a luminous or

[40:04]and we'll discuss some of these common element Rasul Allah Allah muhammadun

[40:08]Riley apply heavy you

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