4- Contemporary Fiqh - Moonsighting, Organ Donation - Sayed Ahmed Qazwini

27 Views· 24/07/19

Al-Hujjah Islamic Seminary
1 Subscribers

In Lectures

Contemporary Fiqh, offered in 2018-2019, 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

[0:00]smilla rahmani raheem alhamdulillahi rabbil aalameen mosul allahu ala muhammadin wa ala

[0:09]nabina pauline nama salli ala muhammadin wa ala muhammad respected brothers and

[0:17]sisters salaam alaikum wa rahmatullahi wa barakatuh in our previous discussions we

[0:24]spoke about the different opinions on moon siding and the horizons of

[0:29]the moon and then we discussed relying on technology when it comes

[0:35]to determining the new month and we said that scholars have discussed

[0:41]two points when it comes to relying on technology the first that

[0:45]we spoke about was relying on the telescope in determining the new

[0:50]month and i mentioned the different opinions about that with some of

[0:56]the arguments of each side the second point the second discussion that

[1:02]scholars speak about when it comes to relying on science in determining

[1:06]the new month is relying on astronomers to predict the new moon

[1:14]or to predict the moon sighting so can we rely on astronomers

[1:18]in predicting the new moon or not because as muslims and specifically

[1:22]the followers of the japanese school of thought we pride ourselves in

[1:28]following a school of thought or a faith that is completely compatible

[1:33]with science and the more knowledge we receive from science the more

[1:39]science advances the more we are certain and the more it is

[1:45]proof for us that our school of thought that our faith is

[1:49]divinely guided because it can't be just the coincidence that all the

[1:53]laws all the Islamic laws that we have in the school of

[1:59]thought of a debate are just coincidentally compatible with science this shows

[2:04]that such cohesiveness such perfection such compatibility with science can only mean

[2:12]that this religion this viii was brought from allah subhanahu wata'ala and

[2:19]that's why scholars have mentioned that any time science gives us certainty

[2:27]about anything then we can rely on science and Islamic law if

[2:34]we want to determine anything that has to do with Islamic law

[2:38]we can rely on science as long as science gives a certainty

[2:45]so for example scholars have said that when it comes to determining

[2:49]the prior times salat to swab or solitude or essaouira Maharaja we

[2:54]no longer have to go and look at the sky to determine

[3:00]if the time of Prayer has began or ended we can rely

[3:02]on science why because it can predict for us the prayer times

[3:11]very accurately another example when it comes to DNA can we rely

[3:15]on DNA to prove the biological parents of someone scholars have said

[3:21]yes because this gives you certainty this is accurately predicted or done

[3:31]by science so we can rely on science to predict the prior

[3:36]times - to understand who the biological parents are and the reasoning

[3:42]behind this why scholars accept science and these situations their justification is

[3:50]that science here gives a certainty science can predict these matters with

[3:57]complete accuracy and thus it gives us certainty and anything that gives

[4:02]us certainty we can rely on it when it comes to Islamic

[4:06]law so some scholars have said we should take that same principle

[4:10]that same arguments and apply to one sighting now with all the

[4:14]scientific and technological advancements we no longer have to rely on archaic

[4:20]methods to determine the new moon like sending witnesses sending two witnesses

[4:26]and then the have to look at the horizon only after those

[4:30]two witnesses spot the moon we can have for example tomorrow as

[4:35]a Ramadan or eat or any new day of a new month

[4:39]we don't have to rely on these archaic old methods when we

[4:42]have science wouldn't check when science had has advanced so much why

[4:47]not just rely on science so we can rely on astronomy to

[4:54]predict the new month now scholars have stated that the moon doesn't

[4:59]have to actually be seen by a witness in order for the

[5:04]new month to begin no scholar has said that what's important is

[5:07]for the moon to be visible in the horizon and that's why

[5:14]they say if you know 100% the moon is visible in the

[5:16]horizon tomorrow is the new month so for example if it's a

[5:21]cloudy day and we can't see the moon because the clouds are

[5:24]blocking our view but we know a hundred percent that the moon

[5:30]is there it's visible all scholars have said that tomorrow is the

[5:34]new month so we don't actually have to see it the point

[5:38]is it has to be visible on the horizon as long as

[5:41]you know the moon is there it's enough so that's why some

[5:49]scholars have mentioned that we can rely on science on astronomers to

[5:53]tell us to predict if the moon will be visible or not

[5:59]we don't have to send someone because what's important is the knowledge

[6:02]to know that it's visible no one has to actually see it

[6:04]and astronomers can tell us if it's visible or not so why

[6:10]can't we rely on it so the question is can science help

[6:12]us in telling if the moon is actually visible or not and

[6:20]here most scholars have mentioned that there are two facts that science

[6:25]can help us with when it comes to determining the new month

[6:31]but unfortunately both pieces of information are problematic why the first piece

[6:39]of information that science can help determining is the new moon science

[6:44]astronomers they can predict the new moon correct so the argument that

[6:54]you may post is why can't we use science or rely on

[6:56]astronomers to predict the new moon why wait until it's visible and

[6:59]only then we know it's the new moon is born let us

[7:03]rely on astronomers they can tell us the exact minute or a

[7:10]second when the new moon is born so the argument that someone

[7:14]could pose to further this view as goes like this that correct

[7:19]the Imams did say in their hadith Somel auroria of total auroria

[7:25]fast only when you see the moon break your fast meaning it's

[7:30]the day of Eid only when you see the moon so the

[7:34]Imams did mention that the criteria is you have to see the

[7:35]moon but why did they say that why because back then there

[7:41]were no scientists there are no astronomers so the only way for

[7:44]us to know if the new moon was actually born is when

[7:48]we see it or else how would we know back to then

[7:50]1400 years ago if the new moon is born there is no

[7:54]way because there was no science no astronomers the Imams obviously said

[7:58]when you see the moon the new month begins but we don't

[8:04]have to wait until we see it because now we have science

[8:06]now we have astronomers after the Imam this is how the argument

[8:12]goes if the Imam was alive today and he would see all

[8:14]this technological advancement of science and astronomers he would say you don't

[8:18]have to wait until you see it just ask an astronomer when

[8:21]the new moon is born and that's it the new month begins

[8:23]so basically the only reason why the Imam set this criteria when

[8:29]you see the moon is because there was no other way to

[8:31]know if the knew of the of the new moon was born

[8:35]or not so this is how the argument goes some have posted

[8:42]this argument our scholars have refuted this argument they have said no

[8:47]this is an incorrect argument why they have said because this assumption

[8:51]that that this argument makes that there were no astronomers during the

[8:56]time of the Imams there was no astronomy no science as incorrect

[8:59]there were astronomers even during the times of the Imams and they

[9:03]had the ability to predict them new moon even 1400 years ago

[9:09]even before that if you read about the Greeks more than 2,000

[9:13]years ago the Greeks had this had the ability to predict the

[9:18]new moon now the only difference with then and now now that

[9:21]we have you know science and it has advanced so much is

[9:26]that the new moon can be estimated or could be predicted with

[9:30]much more accuracy back then you could be off by a couple

[9:36]of minutes now they could predict the new moon to the second

[9:39]but the point is astronomers existed back then and even then the

[9:43]Imam did not say go and ask an astronomer when the new

[9:47]moon is born and whatever he says tomorrow will be the first

[9:51]day of the new month the Imam said somewhere oh yeah you

[9:55]can only fast break your fast the new month begins when you

[10:00]see it so the Imam actually wants us to see it has

[10:05]to be visible it doesn't matter if the new moon is born

[10:08]or not so this shows us that even if an astronomer can

[10:15]predict the new moon accurately it doesn't mean anything for us because

[10:18]the new month does not begin with the new moon scholars mention

[10:22]the new month in Islam begins when the moon grows until it

[10:30]is visible on the horizon and that usually takes anywhere from 10

[10:33]to 20 hours after the new moon so it's not enough the

[10:37]new moon is born even if I know even if jabra Ian

[10:39]comes down and tells me the new moon is born so what

[10:43]the new month does not begin with the new moon it begins

[10:45]when it becomes visible on the horizon and like I said that

[10:52]takes anywhere from 10 to 20 hours after the new moon so

[10:55]science does accurately predict the new moon it does give us certainty

[10:59]and we said anything that give us gives us certain theory could

[11:03]we can rely on it but the problem is what science is

[11:06]dick ting for us with certainty with accurate with accuracy is useless

[11:13]this piece of fact doesn't prove anything so what if the new

[11:16]moon is born so this first piece of information that science can

[11:20]actually accurately predict for us is useless so then we could say

[11:27]this let us go to the second piece of information fine astronomers

[11:31]they can predict the new moon but this is useless so we

[11:36]won't rely on this we'll rely on a second piece of information

[11:39]we can rely on astronomers to predict the visibility of the moon

[11:43]didn't we say that the criteria for the new month beginning in

[11:48]Islam is the moon has to be visible on the horizon astronomers

[11:51]can predict even that they can predict that in your area its

[11:54]visible or not visible on the horizon and they can predict predicting

[11:58]predict this months before years before so why can't we rely on

[12:06]that scholars have replied to this they have said yes this is

[12:09]the right criteria predicting the visibility of the moon this is what

[12:12]we need but there's another problem here what's that problem the problem

[12:20]is the is the the problem is with science itself with astronomers

[12:26]itself astronomers themselves admit that when it comes to predicting the new

[12:31]moon we can predict it or than Ironfist with great accuracy but

[12:35]when it comes to predicting the visibility of the moon on your

[12:40]horizon we can only make a guess we cannot predict it with

[12:46]complete accuracy so it's not with 100% certainty so an astronomer cannot

[12:51]predict the visibility of the moon all the times - with accuracy

[12:55]they can give a guess an estimate yeah 7080 percent it could

[13:00]be seen and I spoke to an astronomer once personally and he

[13:05]told me this a Muslim astronomer he told me that no astronomer

[13:12]can predict the visibility of the moon on the horizon with complete

[13:16]accuracy it's gonna be a guess of course an educated guess but

[13:20]it could be off so that's why we find sometimes astronomers say

[13:25]it could be seen and people go to try to see it

[13:32]no one sees it and that's why we mentioned we said that

[13:36]we can only rely on science or astronomers only when they predict

[13:40]something with complete accuracy only if it gives us certainty 60 70

[13:48]80 percent of the time that's not good enough so since astronomers

[13:53]cannot predict the visibility of the of the moon with certainty complete

[13:59]certainty we can't rely on them because they are not certain themselves

[14:03]so if we find score some scholars they have reservations or they

[14:08]are reluctant to rely on astronomers it's not because they reject science

[14:13]it's not because they are living in these stone ages it's not

[14:20]because they are skeptical of science altogether the problem is what science

[14:26]can accurately accurately predict for us as useless and what is useful

[14:31]which is the visibility of the moon they cannot predict it with

[14:37]accurate with accuracy so let me rephrase this science can predict the

[14:41]new moon with accuracy but the new moon means nothing we need

[14:46]the visibility of the moon on the horizon and when it comes

[14:48]to the visibility of the moon on your horizon science cannot predict

[14:53]it with complete accuracy it's only a guess so that's why scholars

[14:57]have their reservations but however scholars have said that if you on

[15:03]a personal level on a personal basis the predictions of a certain

[15:10]a specific astronomer gives you certainty on a personal level you can

[15:14]rely on it you can rely on its findings but it's a

[15:17]personal matter here it will differ from person to person maybe you

[15:22]consider this astronomer as very accurate gives you certainty you rely on

[15:28]on him but to me no it doesn't give me certainty so

[15:33]it's going to be subjective it's gonna it's gonna differ from person

[15:39]to person and yes go ahead rather this is the ruling of

[15:52]most Maharaja and specifically say the Sistani mentions this he mentions that

[15:57]you can rely on the predictions of of an astronomer only if

[16:04]you are certain that he's accurate that he won't mislead you that

[16:08]there is no room for error no room for doubt if you

[16:11]are sure of this say the Sistani clearly says you can rely

[16:17]on that astronomer but however he himself says me on a personal

[16:21]level say the Sistani astronomers their findings they don't always give me

[16:27]certainty sometimes yes sometimes no and that's why you see sometimes say

[16:30]the Sistani doesn't rely on the findings of astronomers other times no

[16:34]it just depends it depends on that astronomers it depends on their

[16:38]guess is it close is it close to 100% is it far

[16:42]so there's many factors that he takes into consideration but he clearly

[16:50]says if there is an astronomer that you rely on you find

[16:52]this guy he's always under you know on the dot he's perfect

[16:56]whatever he says his findings are always you know true then you

[17:02]can rely on him but however you can't force other people to

[17:05]rely on him it becomes a personal matter yes to me I

[17:11]think he gives me certainty I think he is a you know

[17:16]his guess is his predictions are usually accurate but if anyone else

[17:21]disagrees fine it becomes a matter of opinion here because it's not

[17:24]something that the astronomer himself can claim that I always predict with

[17:30]certainty if science reaches a state where the predictions of astronomers reaches

[17:34]a hundred percent when it comes to the visibility of the moon

[17:37]all scholars will rely on them just like they rely on the

[17:43]predictions of astronomers when it comes to the timings of prayers so

[17:46]the only reason they rely mirror with player timings and they don't

[17:49]rely on the visibility of the moon is because science still hasn't

[17:56]reached that level of certainty where we can rely on them yes

[18:01]is there a question yes go ahead yes what do they do

[18:16]with that no I I mentioned if you if you remember I

[18:25]mentioned scholars all scholars say that you don't have to actually see

[18:31]it there doesn't necessarily have to be a witness and that's why

[18:34]I mentioned all the ulema mentioned if there is clouds on that

[18:39]day but we are sure now how does it matter we are

[18:41]sure 100% that the moon is there it's right there it's it's

[18:47]there and we could see the Crescent but there is this cloud

[18:49]that's preventing us can we say tomorrow's the new month all ulema

[18:56]say yes we don't actually have to see it with the eye

[18:59]when the Imam said Psalm Laroy yeah laughter oh yeah right yeah

[19:02]he means the moon is actually there and it can be seen

[19:06]so as long as it can be seen meaning it's there on

[19:11]the horizon we can we can consider tomorrow as the beginning of

[19:14]the new month if there is something blocking it we can't say

[19:19]that tomorrow isn't the new month if we know the moon is

[19:22]behind the the cloud or whatever is blocking it so the anima

[19:26]they say some the rori lofton aurilla does it necessarily you have

[19:31]to see it the point is you have to know it's there

[19:33]there on the horizon meaning as long as you know there isn't

[19:39]any obstacle I could see it so this is atef see at

[19:43]the ulema gift to Sowmya yay laughter Laura yeah or else based

[19:46]on your interpretation or someone actually has to see it then if

[19:51]there are clouds but we are sure it's there we can't consider

[19:54]this the you know the first day of the month and no

[19:58]no scholar has said this they have as long as you have

[20:04]knowledge that the moon is there it's visible it can be seen

[20:07]tomorrow's the first day it doesn't necessarily has to be seen what's

[20:12]important is that it can be seen so that's why based on

[20:20]this we can conclude that if an astronomer can predict with a

[20:24]hundred percent certainty that the moon can be visible on your horizon

[20:30]you can rely on that and like I said I say the

[20:31]Sistani he clearly mentions this in his stuff taught in his books

[20:38]is that clear [Music] exactly the reason why we need witnesses is

[21:01]because there's no way for us to know if the moon is

[21:05]visible or not how would I know if the moon is visible

[21:11]on the horizon tonight I have no way so if astronomers they

[21:14]could predict with a hundred percent certainty why do I have to

[21:18]rely on witnesses do I have to rely on a witness to

[21:23]tell me that the Sun has risen the Sun you know it's

[21:27]sunrise and then tell us I can't pray so that's also boy

[21:29]do I have to you know rely on a witness to tell

[21:34]me that no no Adam says that because astronomers now they can

[21:38]predict the sunrise with a hundred percent certainty there is no room

[21:44]for error every island will tell you you don't need to rely

[21:47]on a witness tell us as long as you know you have

[21:51]a limb you have your theme you have certainty that the Sun

[21:54]is has risen already you can rely on that the same thing

[21:59]they say about the moon the Sun in the moon it's the

[22:00]same thing if the moon is over there I know it's there

[22:04]but I can't see it because there's a there's a barrier there

[22:07]is an obstacle so it can be visible but there is a

[22:12]cloud every eylem has say I said that if there is a

[22:17]cloud that doesn't mean you can't rely on it so Swami Leroy

[22:19]yeah well Totoro yeah the reason why the Imam said you have

[22:23]to see it is because there's no other way to know if

[22:25]it's visit so if it's there how would I know if I

[22:29]don't see it how would I know it's visible if science progresses

[22:31]and it can tell us with a hundred percent accuracy that no

[22:36]it is there it will be there a hundred percent 100 percent

[22:39]meaning there's no room for error then why wait for a witness

[22:44]what's the difference between a witness telling me that it's there or

[22:48]science telling me that it's there but as long as science can

[22:51]predict the visibility remember not the new moon the new moon is

[22:57]useless visibility of the moon in your horizon in your area 100

[23:00]percent every alum will accept that they haven't accepted it now because

[23:03]astronomers cannot read always predict it with a hundred percent accuracy so

[23:09]now that we have understood the different opinions and the different views

[23:17]on moon sighting now I will move on Shara to another discussion

[23:25]and that is organ donation because remember our topic our subject for

[23:30]this class is contemporary jurisprudence issues and laws that did not apply

[23:36]during the times of the Imams but they apply now so amongst

[23:39]those issues or laws is organ donation are we allowed to donate

[23:47]our organs or not Islamic Lee is it Helen is it Haram

[23:50]is it recommended what is the ruling concerning organ donation now I

[23:55]have to set a few things straight before we mention the different

[24:02]views number one most scholars they say that a Muslim is allowed

[24:07]to take organs any organs from a non-muslim this is almost a

[24:13]consensus I can't say a hundred percent because I have not reviewed

[24:19]all the views of all the Malaga but majority of Malaga say

[24:22]for a Muslim is okay for him to take the organs of

[24:27]a non-muslim without any conditions any organ anytime so that's number one

[24:30]number two likewise most mirage most scholars agree that a Muslim can

[24:42]donate a non-viral organ like a second kidney that he doesn't need

[24:47]or tissues for example or donate blood these are nine vital things

[24:50]he can live without them the human being he can donate them

[24:56]to anyone whether that person the recipient is a Muslim or whether

[24:58]he is a non-muslim as long as donating this specific tissue blood

[25:04]or organ does not harm him so donating blood doesn't harm me

[25:11]donating tissues doesn't harm me if I have two healthy kidneys I

[25:14]can donate a second kidney and as long as it won't harm

[25:18]me I can donate it to anyone so a Muslim or non-muslim

[25:20]there is almost a consensus on this also so these are two

[25:27]points there isn't any disagreement on this the area where there is

[25:31]a lot of disagreement and controversy is this and this is where

[25:35]scholars have disputed as a Muslim allowed to donate his organs after

[25:39]he dies or not so the one that we mentioned non vital

[25:44]organs this is all while I'm alive I donate my kidney that

[25:47]I don't need I donate blood donate tissues I can donate all

[25:53]these things while I'm alive but the question is after I die

[25:57]am I allowed to write in my wassailia and my will that

[26:03]I want my organs to be donated can I you know register

[26:06]with the organ donor registry can i register that after I die

[26:11]take my organs and give it to whoever needs that this is

[26:16]where the scholars have disputed and here there are two main views

[26:21]view number one is those scholars that say you're allowed to donate

[26:28]your organs after you die so you can write that in your

[26:34]will you can donate it to any one Muslim or non-muslim unconditionally

[26:37]yes right in your will I want to donate my hearts my

[26:44]kidney my learned my liver my eye anything that could be donated

[26:47]that could be used by someone else you can write that in

[26:51]your muscle yeah whether the recipient is Muslim or non-muslim this is

[26:56]the first view the second view of the ulema is that you're

[27:00]only allowed to donate you can only write this in your world

[27:07]you're only allowed to donate to number one a Muslim the recipients

[27:10]can only be a Muslim so you cannot donate your organs after

[27:14]you die it cannot be given they cannot be given to a

[27:20]non-muslim that's not that's the first condition the recipient has to be

[27:23]a Muslim and the second condition is the Muslim can only take

[27:26]the organs if his life depends on it so if it's not

[27:33]a life-threatening situation the Muslim recipients cannot take the organs of a

[27:39]dead Muslim so I can only will I can only give my

[27:44]body parts or organs after I die to a Muslim if his

[27:47]life depends on it with these two conditions so now that we

[27:53]understand the two views I will go into some of the arguments

[27:55]first I will begin with the first view the first view is

[28:02]you're allowed to donate after you die your organs to anyone without

[28:06]any conditions I'll mention two arguments the first argument that they have

[28:11]used this is this they refer to a general law in FIFA

[28:13]and jurisprudence that says kullu shay'in lekha Halong at Salomon no hello

[28:21]everything is halal until proven otherwise so the default state of everything

[28:30]there's a tenant the only time I can say something is Haram

[28:35]if I have proof from the Quran from the son of Allah

[28:38]so Allah feminine bait that it is Haram so if I search

[28:42]in the Quran I search in the hadith I don't find any

[28:44]proof any evidence that such an act is Haram then it will

[28:52]automatically Helen so like I said the default law is that everything

[28:55]is permissible until proven otherwise so these are Lamar they have said

[28:59]when we go to the Quran when we go to the Sunnah

[29:04]we don't find anything that prohibits organ donation and thus there's no

[29:07]reason for us to say it's Haram we also Tala donate it

[29:11]to a Muslim to a kafir why would it be Haram there's

[29:17]no proof to show that it's Haram now you may object and

[29:19]say well obviously they won't there won't be proof because this matter

[29:22]that not exist during the times of the Imams correct we're speaking

[29:26]about contemporary fit issues that have you know that have risen in

[29:34]this new age so during the time of the Imam there is

[29:37]nothing in the Quran in the Sunda because it did not apply

[29:41]to that time there was no organ donation so how could we

[29:43]find proof I or a hadith that is saying organ donation is

[29:49]halal more only to a Muslim it didn't apply back then so

[29:51]how did the ulema of this first view refute this argument they

[29:55]say it doesn't matter as long as there is no proof that

[29:58]there is something Haram that's how long even if it was not

[30:01]applicable back then the Quran the Imams could have said a general

[30:08]law it's very general that could apply to all ages - you

[30:11]know new laws that will come and in the future even though

[30:15]it won't say organ donation but the Imam could have said you

[30:18]know he could have worded it that you know the body has

[30:22]sanctity and whatever and it cannot be touched after someone dies and

[30:25]whatnot so as long as there is nothing in the hadith in

[30:30]the Quran to prove that it's Haram the default state is it's

[30:33]hell on so this is the first argument they use the second

[30:37]argument these are lemma that say you can donate after you die

[30:42]to a Muslim to occur to a kafir is a hadith of

[30:46]an imam Assad the valley has Sarah who narrates this hadith and

[30:50]her saying even darada darada that i'm sure many of you are

[30:53]familiar with was one of the greatest companions of an imam sadiq

[31:00]and el barco his son and her saying his name was her

[31:02]saying the son of Zahra he says this he says Celebi wanna

[31:08]Harvard and or an erosion yes Watson no FEA Hudson in sanon

[31:18]may it fait allahu allah allahumma kleiner colobus and her salable zarada

[31:27]he says one day me and my father's Arara we want to

[31:30]see the imam ali mama slaughter and my father's olara as the

[31:36]imam this question he asked them if a man Roger a man

[31:38]loses a teeth this is a tooth and after he loses the

[31:47]truth he finds at that person who obviously he's dead he doesn't

[31:52]need his teeth anymore so he can he take the teeth the

[31:59]truth of that dead person and use it for himself the Imam

[32:03]said yes he can do that so the enema have said if

[32:10]it is allowed for someone to take the tooth of a deceased

[32:14]individual are you listen carefully brothers so this is very precise they

[32:19]say if according to Ali Masada fee you can take the tooth

[32:24]of a deceased person then that means that deceased person could have

[32:28]donated it to you before he died he could have wrote in

[32:31]his will that after I die I want to donate my teeth

[32:36]to that you know to my friend Ali to my friend Muhammad

[32:40]or whoever needs it since the Imam is saying you can take

[32:43]his teeth without his permission so obviously he could have wrote it

[32:48]in his will that whoever wants to take my teeth they could

[32:51]have correct I mean it's obvious if the Imam says you can

[32:55]take his teeth even without him asking then he could have weld

[32:58]it he could have donated it he could have said when I

[33:03]die I donate my teeth so this hadith is indirectly proving that

[33:08]you can donate your teeth after you die so this is number

[33:13]one number two the owner might say the second indirect thing we

[33:17]can understand from this hadith is if you're allowed to donate your

[33:23]tooth you can donate any other body part why because they all

[33:27]share the same point you don't need them after you die what's

[33:30]the difference between your tooth your eye your heart your lung your

[33:37]kidney your tissues you don't need any of them when you're alive

[33:40]there's a difference you don't need your tooth you can live without

[33:42]it but you need all these vital organs that's when you're alive

[33:47]but after you're dead you don't need all of them so if

[33:49]the Imam says you can take the tooth you can take the

[33:53]heart you can take anything because you don't need that he's dead

[33:57]he's gonna decompose in the grave and the ornaments a that zarada

[34:03]he asked and the Rigelian module means a man can a man

[34:09]take that the you know the the tooth of a deceased individual

[34:12]so the zarada used the word a man he didn't say a

[34:18]Muslim so even if that man was a kafir he can take

[34:22]the tooth of a Muslim that Muslim could donate it to the

[34:25]kafir he did not indicate if it's a Muslim kafir and the

[34:27]Ahmad didn't indicate the Imam just said it generally yes yes it's

[34:32]okay so any man can take that the the truth of any

[34:34]dead man the dead man is worse l'm kafir doesn't matter the

[34:39]person who is taking the the truth is a muslim kafir doesn't

[34:42]matter so if we said we indirectly understand from this hadith that

[34:48]you can donate your tooth that means you can donate your tooth

[34:50]to a Muslim or kafir if we understood from this hadith that

[34:53]you can indirectly and you can well you can donate all your

[34:59]body parts after you die then you can give them to a

[35:03]Muslim or kafir because the Imam didn't set a condition as long

[35:05]as Yasin Allah as long as he's a Muslim take you know

[35:09]what he can take the tooth so as long as they're not

[35:11]Deniz you know say has to be a Muslim why do we

[35:15]have to bring this condition if he's a Muslim he can take

[35:17]the body part no their moms are taking the tooth a man

[35:21]man could be a Muslim or kapha correct now some have objected

[35:29]to this argument they have said look sir Allah is asking about

[35:31]Muslim obviously when he says and rajulun a man can take a

[35:36]tooth of a deceased person he's not talking about Kafar he's speaking

[35:40]about Muslims why because zarada is a Muslim and he's living in

[35:43]a Muslim society back to them there's no Kafar so any question

[35:49]he would ask any narrator when he asks something he even though

[35:52]he says a jewel in a man he's not speaking about someone

[35:54]in China someone in the you know the North Pole obviously he's

[36:00]asking about someone in his environment in Medina and those areas his

[36:04]people so obviously it won't include a kafir the Imam gave permission

[36:09]to take the tooth as long as you're listening because he's asking

[36:11]about a man that took the tooth and a man will apply

[36:16]only to a Muslim because there was no Kafar in that society

[36:21]now this argument has been raised but however we can refute this

[36:26]argument by saying that their work afar in the Muslim nation there

[36:31]were 11 men and then there were those Christians and Jews who

[36:35]lived under a Muslim states and they obeyed the law so their

[36:40]work of thought we can't say that you know even in in

[36:42]Medina there were Jews and Christians that lived so this objection that

[36:48]a man only applies to a Muslim is incorrect so to summarize

[36:51]what we understand from the second argument is the Imam said you

[36:57]can take the tooth of a deceased person there are Lamas a

[37:01]tooth all other organs same thing you don't need all of them

[37:05]so if you can if the Imam gave you permission to take

[37:07]the tooth that means you have permission to take any other body

[37:10]parts that includes the lung the hearts the kids need the liver

[37:16]and so on and so forth the amount didn't say you can

[37:18]take it as long as you're a Muslim and the diseases are

[37:21]most no no no the Imam said that anyone can take from

[37:23]anyone he didn't say that but because he set no conditions then

[37:27]that means it's a general law so this is the second argument

[37:31]that the AMA rely and they rely on this hadith from the

[37:35]Imam even though the Imam spoke about only the truth but we

[37:37]can understand a more general law because there's no difference between tooth

[37:40]and lung and heart after you die it's all the same so

[37:47]this the second argument that the ulema used to say that you

[37:50]can donate your organs to anyone muslim or cough kafir we said

[37:53]the first view you can donate any organ after you die to

[37:58]any one Muslim or kafir the second view you can only donate

[38:00]your organs to a Muslim if his life depends on it why

[38:06]what's their justification two arguments argument number one these are lemma they

[38:14]say that your body is a amana is a trust from Allah

[38:20]span Allah Tala and you have authority over it as long as

[38:23]you're living yes as long as you're living your body is yours

[38:27]do whatever you want with it as long as obviously you don't

[38:30]commit suicide you don't harm yourself you don't do great harm you

[38:34]can do whatever you want as long as you're alive after you

[38:39]die the body goes back to Allah you don't own it anymore

[38:42]the Quran says in Allah why not a lady about your own

[38:49]to Allah we belong and to him we go back so after

[38:52]I die I have no authority over my body to say give

[38:54]my lungs to this one to this person give my heart no

[38:57]you don't own it anymore when you're alive it is yours you

[39:00]benefited from it now that you died the spirit has left the

[39:04]body the soul has left the body you don't have authority over

[39:07]the body so how can you write in your will I want

[39:11]to donate to this person and that's person when you don't even

[39:14]have authority over your body after you die thus since technically my

[39:19]body is not my property I have no authority to donate my

[39:25]organ to anyone since it's not mine anymore so I can't donate

[39:28]something that I don't own now some anima they have more data

[39:35]a little differently they have said you know we can't say for

[39:38]sure you have no authority over your body but what we can

[39:40]say is we don't know if you have it if we have

[39:44]authority over our bodies when we die you see this is a

[39:49]less extreme errs the more aggressive version says you have no authority

[39:53]over your body after you die some of them are they have

[39:54]said we can't say for sure that you have north - over

[39:59]your body when you die but what we can say is we

[40:02]don't know if we have authority over our bodies and as long

[40:06]as we don't know if we have authority over something we cannot

[40:08]touch it we cannot you know deal with it we cannot donate

[40:11]something so I don't know if this you know for example if

[40:16]this cup is mine of this cup of water is mine I

[40:21]have no I can't tell someone to drink it only when I

[40:23]know it's mine and I have authority over it I can donate

[40:27]it to someone else so this is what they have centered so

[40:30]then comes this question so why did they say that it is

[40:35]okay for you to donate it Effie's a Muslim Anna's life depends

[40:41]on it if I don't own my body I have no authority

[40:43]even in that situation I cannot give it to anyone correct scholars

[40:47]have said that even if the Muslim did not well even if

[40:53]I did not write in my will take my heart take my

[40:55]lungs I died a Muslims life depends on my heart the doctor

[41:00]is allowed to take my heart even if I have not willed

[41:05]it so willing it or not willing it won't add too much

[41:07]why their justification is that look it is like the brother mentioned

[41:14]a few minutes ago the body has sanctity it's Haram to cut

[41:20]the body you know to cut the body of the human being

[41:23]and take out an organ whether he is alive or dead when

[41:28]he is her life it's obvious even when he is dead he

[41:30]has the same sanctity I can't just come and cut up the

[41:34]body of the human being this is violating his sanctity and I'll

[41:37]read you a few Hadees day they say proves this one hadith

[41:41]is narrated from the Holy Prophet sallallahu alaihi wa sallam he said

[41:44]hermit or rajulun muslim may attend a hermit ehehe and Sawa and

[41:52]this hadith the Prophet says the sanctity of the human being when

[41:55]he is dead and alive is the same so don't think he's

[41:59]dead now he's just you know he's gonna decompose his let me

[42:01]just cut him up no no no no if he was alive

[42:04]would you cut him up no don't cut him open his dead

[42:07]he has sanctity you can't touch his body another hadith the narrator

[42:11]ask Ellie Masada so Alto a barbed Allah and the rajulun kisara

[42:16]album may yet he says I asked if someone broke the bone

[42:20]of a dead man as it just said that man who cares

[42:23]lookie what the Imam says for Karla Haruma - who may attend

[42:28]a llama teehee whoo whoo whoo hey the Imam says his sanctity

[42:32]and honor when he is dead is greater than that when he

[42:35]is alive can you just go and break someone's arm and he's

[42:39]alive of course you can then you can't do it when he's

[42:40]dead it's a worse sin that Imam says it's even a greater

[42:50]sin and another hadith in in mom's life said the Imam did

[42:56]not make it clear the narrator asked and the red jewel in

[43:02]a man if a man breaks the bone of a dead person

[43:08]and may yet he says so like we said you can say

[43:10]you can argue that he's asking about a Muslim because their environments

[43:15]all Muslims you can argue against that there were 11 Christians and

[43:18]Jews so the point is look at the answer of the Imam

[43:25]he says if a being has sanctity when he is alive he

[43:27]will have sanctity when he is dead so from this we can

[43:33]understand a kafir does a catheter have sanctity or not Lama have

[43:37]said if he is a helluva man living under a Muslim State

[43:42]yes he has sanctity when he's alive right you can't just go

[43:45]and kill him and take his money in whatever he has sanctity

[43:49]as honor so if he has sanctity and honor when he is

[43:52]alive he will have even more sanctity when he is dead so

[43:58]this does include the Kafar obviously so if I break the bone

[44:02]of a kafir the Imam says this is a greater sin if

[44:07]he's dead this is a greater sin than if I did it

[44:10]when he was alive so this proves read that the human being

[44:13]has a lot of sanctity great sanctity when he is dead you

[44:18]can't just go cut him up break his bones and another hadith

[44:20]rongmomo Sadiq [Music] no no I love them Matt there are only

[44:40]the Christians and Jews people of the book that are living under

[44:47]a Muslim government so the kuffar that are not living under the

[44:50]Muslim government that are living in their own countries this is a

[44:53]lengthy topic in itself or Lema have disagreed and some have divided

[44:57]them into two parts one is those the mohara those that consider

[45:04]Muslims as their enemies and they are at a state of war

[45:07]with Muslims obviously these persons have no sanctity because they consider us

[45:12]as enemies and the second are those that know they are the

[45:16]Maha d'un those that have a you know they respect Muslims they

[45:19]have a priest treaty or whatever with the Muslim countries these Kafar

[45:24]these non-muslims no no they have to be respected and they have

[45:32]honour and dignity so it's only the kuffar that are Mahara the

[45:35]ones that are fighting against the Muslims the one that consider Muslims

[45:39]their enemies so it's basically common sense I mean someone that wants

[45:41]to kill you that wants to fight you that is considers themselves

[45:47]at war with you these persons have no sanctity but all other

[45:51]kuffar Christians like the ones living in the West they don't consider

[45:54]us you know Muslims as enemies and they should be killed so

[46:00]these people have sanctity and they have honor yes yes now what

[46:13]what the story of ke baare or with the all the actions

[46:30]of Imam Ali what we have to understand is not necessarily everything

[46:32]that Imam Ali did it do it was because it was haram

[46:38]because remember imam ali has a much much higher standard the imam

[46:41]knows that he's a role model and for thousands of years his

[46:45]followers will look at his actions so it doesn't mean because he

[46:49]didn't do something it was haram no the imam you know has

[46:55]a very high standard even if it's hell on he doesn't want

[46:56]to do it now what we do have in our hadith is

[47:01]an whistler is haram mutilating the body of an enemy is haram

[47:03]this this was one of the words actually I was as the

[47:08]fourth hadith that I was gonna mention it let me just mention

[47:11]right now Imam Ali Ali has Salam before he died and when

[47:14]he was struck by bin will gem and his sons were around

[47:19]him and he was giving his final wills to Imam Hasan person

[47:22]and his other sons when he was asked what should we do

[47:27]with even more gem the one who killed him Imam Ali he

[47:29]said if you could either forgive him or if you want retribution

[47:34]if you want you know justice then you can strike him one

[47:38]strike just like what he did to me you know an eye

[47:41]for an eye tooth for tooth so just like how he striked

[47:45]me how he struck me you can strike him and then the

[47:48]Imam said this van nice Amir to Rasul Allah he appalled yah

[47:53]come well mostly well I will kill Malakal he said do not

[47:55]mutilate his body you can't after he dies you know mutilate his

[48:01]body because I heard the Holy Prophet say the never mutilate any

[48:05]person's body even if it was a dog a stray dog so

[48:09]even if it was a dog I see it dead dog laying

[48:12]on the street I can't just go cut up his body mutilated

[48:14]the Holy Prophet prohibited us from doing that so it says Hunnam

[48:19]to mutilate the body of an enemy in the battle that's why

[48:22]mama Hollywood never mutually now was the Imam able was he allowed

[48:28]to take the bootys of war of course he was because this

[48:30]is a verse in the Quran you know the the the verse

[48:35]of Hamas walamu anima or Fatima and namaz on line in 2

[48:39]min shay'in' 4 NN la forma so this was a practice that

[48:41]Muslims always did when they would defeat the enemies they would take

[48:44]their possessions but you cannot touch the because you have to allow

[48:51]his family members to have a proper burial so this is a

[48:56]different situation what we're saying here is that if the person had

[49:00]sanctity when he had he was alive then he won't have sanctity

[49:05]when he is dead so our topic is what is a Muslim

[49:09]so is can we just go cut up the body of a

[49:10]Muslim and take his organs no because a Muslim has sanctity when

[49:17]he's alive he has sanctity when he's dead so this is what

[49:20]the ulema have said essentially it is haram to touch the body

[49:26]of a dead person right it says Haram to touch the body

[49:28]of a dead person so why did they say if another Muslims

[49:33]life depends on my kidney we can just come up and come

[49:36]and cut them cut the body and take the kidney why on

[49:39]what basis if it's Haram to touch the body it's Haram to

[49:44]mutilate it to cut it up because he has sanctity these are

[49:46]lemma have said look at the same time that it is haram

[49:51]to cut the body of the Muslim that Muslim because he has

[49:53]sanctity it is also why Jib mandatory to save the life of

[49:59]that second Muslim isn't it he's dying he needs a heart he

[50:02]needs a kidney we have no kidney except mine who I died

[50:06]so it is Rajab to save that second person's life and the

[50:09]only one we can save his life is if we take my

[50:13]kidney so here if we take my organ after I die and

[50:18]we give it to that second Muslim whose life depends on it

[50:21]this would be Haram from one side because we would be violating

[50:29]my sanctity but watch him from another side from another perspective because

[50:32]we'd be saving another human Muslims life correct so these two laws

[50:38]would be in conflict you have one action it's Haram from one

[50:42]side because you're violating the sanctity its watch it from another side

[50:46]because you're saving another person's life one law it's one Act but

[50:50]two laws are in conflict Haram in watches this is called at

[50:55]as 'him and legal theory I don't know if any of you

[50:57]are taking legal theory or will any time we have laws that

[51:02]are in conflict what do we do we give the priority to

[51:07]the more important one let me give you an example let's say

[51:10]I'm walking down the street one day and I see someone who's

[51:17]swimming in his private house and he's drowning is calling help help

[51:21]I'm drowning I'm dying it is why job right for me to

[51:26]save that person's life but at the same time it is haram

[51:28]for me to enter the property of that person without permission right

[51:31]I don't know if whose property this is I don't know if

[51:36]I have permission it's Haram for me to enter that house and

[51:40]go in the swimming pool take him out so here do I

[51:41]say oh I'll just let him die because it's Haram I'm committing

[51:46]a how I'm act by entering this property or no I say

[51:48]you know I should this Haram becomes Helen because saving another person's

[51:53]life is more important there is conflict here if I save this

[52:00]person's life I did a logic if I don't obviously there's I

[52:02]have left the Haram so if I save this life I will

[52:07]be doing Haram and the logic we can one Act can be

[52:08]both Holliman Rajab so we said we have to give the priority

[52:12]to the more important one which is more important not trespassing and

[52:17]to someone's property or saving someone's life of course saving someone's life

[52:22]any person will tell you well unto that person's you know yard

[52:25]enter his property and save that guy's life because saving someone's life

[52:28]is more important than any other law so we give priority to

[52:34]the more important law the same principle we apply it to organ

[52:37]donation we have two laws do not violate the sanctity of this

[52:39]Muslim don't touch my body is Haram but on the other hand

[52:43]we have to save the life of that second Muslim it's Roger

[52:48]these two come into conflict we prioritize the more important one in

[52:52]that we have to save the life of that Muslim and that's

[52:54]why these are lemma say that what these are Allah might say

[53:01]that we have to take the organ of this Muslim and give

[53:05]it to the other Muslim because saving his life is more important

[53:09]than not violating his sanctity [Music] yes if another person if another

[53:24]Muslim if another Muslims life depends on it then yes that would

[53:29]trump that would overwhelm you know the importance of his of his

[53:36]the importance of the sanctity of his body yes so yes so

[53:44]these are Dhamma what they have said and by the way say

[53:48]the Sistani and a signal Hui both they are proponents of this

[53:54]second view you can only donate to a not to a Muslim

[53:58]if his life depends on it so why did they say okay

[54:00]we understood only if his life depends on it but why did

[54:05]they say a Muslim so these are lemma I have said look

[54:07]even a non Muslims life is important right saving his life is

[54:10]important but is it more important than violating the sanctity of a

[54:18]Muslim we don't know a Muslims life is more important it will

[54:23]trump it will overwhelm it will be more important than violating the

[54:27]sanctity of you know this Haram violating the sanctity of of this

[54:31]Muslim Muslim but saving a catalyst life is important but even if

[54:39]it involves violating the sanctity of another Muslim we don't know he's

[54:44]not saying no we don't know as long as we don't know

[54:48]we cannot take this body organ and give it to that confident

[54:51]sorry we know your life is important you calculate we wish we

[54:53]could save you but the only way we could save you is

[54:57]if we go and cut up the body of a Muslim and

[55:01]that's Haram and we don't know if Allah has given us of

[55:03]that permission we don't know if saving your your life is more

[55:09]important than violating the sanctity of a moment of a Muslim because

[55:12]a member these two are in conflict so we say we said

[55:17]we prioritized them more imports more the more important one if it's

[55:20]the life of a Muslim it does overcome this Haram but if

[55:23]it's a life of a kafir they say we don't know as

[55:26]long as we don't know we have no authority to do it

[55:30]so this is the first justification the first argument of the AMA

[55:34]that say you can only donate an organ to a Muslim if

[55:40]his life depends on it so to quickly summarize our body is

[55:46]a mana from Allah what once were alive we can do whatever

[55:48]we want with the after we die we can't so I can

[55:51]just donate something to someone without their consent so why when someone's

[55:55]life depends on it we can if that person is a Muslim

[55:58]because that the saving the life of the Muslim is more important

[56:06]than the sanctity of the you know the dead Muslim now that's

[56:09]the first justification that they have given they have a second justification

[56:13]but I think time is up and this will take a couple

[56:18]of minutes and show Allah I will go over it and mention

[56:20]it in the second class after Oh Darwin and l-hamdu lillahi rabbil

[56:26]alameen wa sallahu Allah muhammadun Wadi Halfa hurry

0 Comments

Up next

4- Contemporary Fiqh - Moonsighting, Organ Donation - Sayed Ahmed Qazwini

Transcript

Up next

Explore more

Please note that if you are under 18, you won't be able to access this site.

Up next

4- Contemporary Fiqh - Moonsighting, Organ Donation - Sayed Ahmed Qazwini

Transcript

Up next

Explore more

Choose a payment method

Language