04شرح النظم الصغير في أصول الفقه - نظم وشرح/ عامر بهجت

Subscribe to the channel

Related to the third category, and the fourth is the rulings of obligation.

The rulings of obligation tell me what is obligatory and recommended; this is the side of commands.

We have the side of prohibitions. If the prohibition is emphatic, that is forbidden. He said: “The forbidden is that which is prohibited emphatically.”

So you are not allowed to do it. If you do, you sin. That is forbidden. If it is prohibited without emphasis,

then what is it? Disliked. If you do it, you do not sin or get punished. All right.

There are many examples of disliked acts among jurists. For example, among the disliked acts in prayer,

cracking your knuckles, as long as you do not make too many slight movements during prayer.

You do not sin for doing it, but you miss out on a reward. This is a non-emphatic prohibition, which means it is disliked.

He said: “When it is not emphatic, doing it is disliked.” This is the disliked category, the third type.

Or the third type according to the division: everything is either a command, a prohibition, or a choice.

So, the choice here means permissibility, and permissibility is of two types.

Some call them legal permissibility and rational permissibility, but in reality they are all legal.

But some are established by a specific text from the Law. God Most High said: “God has permitted trade.”

The permissibility of trade is established by presumption of continuity—that is, there is no evidence prohibiting it, nor any specific evidence permitting it.

There is evidence for permissibility. The second kind is established by presumption, by default. He said: “And if choice occurs...”

That is, a choice between doing something and leaving it. This is permissibility by default.

Meaning, without a specific text: Is wearing boots permissible, Sheikh?

It is permissible. What is the evidence that wearing them is permissible? The evidence is

the absence of evidence prohibiting them. You rely on the default; this is the principle of presumption of continuity.

It is one of the proofs of permissibility. The second is what is established by a text, such as God’s saying: “God has permitted trade.”

Then he moved on to declaratory rulings and said: “Declaratory rulings: one is the cause.”

For example, the noon prayer: the cause of its being obligatory is the sun’s decline.

The second is the effective cause. The Prophet, peace be upon him, said: “A judge must not pass judgment while angry.”

The prohibition on judging—the cause is anger or mental distraction. The third is the condition.

Allah does not accept the prayer of any of you who has broken his ablution until he performs ablution. Purification is a condition for valid prayer.

Fourth: impediments, such as menstruation in relation to prayer.

Menstruation is one of the impediments that invalidate prayer.

This is the meaning of his words, “As for the forbidden, it is that which…” That concludes this lesson. And Allah knows best. May Allah bless and grant peace to our Prophet Muhammad, his family, and all his companions.