[Applause]
in the name of Allah the beneficent and
most merciful I'd like to welcome you
dear viewers to another in our series
study in
Islam May Allah's peace and blessings be
on each and every one of
you we are continuing to look at the
module on F on Islamic
law in the previous two episodes we're
looking at something of the background
for where differences Etc arose among
the different schools of Islamic law
though all the schools basically agreed
on the Quran and Sunnah as the
foundation
and the secondary uh level of extraction
of laws being the imma or consensus of
opinion of the sahabah and deduction of
laws by way of
analogy they still
differed and part of that difference was
due
to different uh approaches to particular
uh linguistic issues some of the
differences had to do with availability
of
or or authenticity of hadiths some of
the differences had to do with other
factors like additional proofs which
people use and as part of their evidence
base which others didn't
now if we go into the language and of
course I'd given the example earlier of
the case of
bani or the Fortress of Thea
tribe which uh the companions of the
Prophet Sall wasallam differed about
whether they should have prayed Sal on
the way there when it looked like the
prayer was going to go out or whether
they should continue and pray there as
the prophet had instructed this this had
to do with the meanings of the word what
did what did the prophet s wasallam mean
when he said this so it's derived
meanings you know sometimes words may
have had more than one meaning so uh
sometimes they had other
implications so as an example of a
common uh difference which arose among
Scholars is the case as I mentioned
where words have more than one literal
meaning as in the case of the term in
Arabic because the
term in Arabic it means both mensis for
women the actual
menstration as well as it means the
period of Purity between
menstruations it mean on one hand it
means the menstruation itself another
hand it means the period of Purity in
between so now when you found a verse
like this this verse which is in
Surah verse 2
to8
divorced women should wait for
three that's
three now what what does this mean
should they wait for three periods of
Purity between pregnant um menes or
should they wait for three Menses
themselves uh Imam Malik and Shafi they
ruled as well as Ahmed that the meant
the period of
Purity whereas Abu hanifah he ruled that
the meant the actual mensis
itself this
difference was uh you know the scholars
took different roots on this now for us
when we look at such a difference what
do we do if we have some basic knowledge
or if there's a scholar we can ask to
get clarification for us the scholar
would then look to see what evidence is
there to support the position of the two
schools what you find is an actual
statement of the
evidences a statement which is an in
authentic narration found in sah Muslim
as well as in and Etc in which AA
said had irregular menes and she asked
the prophet about it he told her to stop
praying during the days of her
during the days of
the
now this indicates what if the prayer
was to be stopped we know that the
prayer is stopped when a woman is
menstrating so if he said in the days of
the then he say he is indicating here
that means the actual menstration
itself uh Aisha was also reported to
have said I told B to obser observe a
waiting period of three
menes and she said use the
term itself to indicate here clearly
that what was meant what was
intended in that early generation when
they use the term what was intended in
the legal text is the mensis itself now
one may say What's the
difference what's the difference whether
she waits three Menses or three per
periods of Purity in
between well the difference has to do
with when the uh divorce actually takes
place because in the case uh when the
divorce has been pronounced it has to be
pronounced in a period of Purity between
menes in which no sexual relations have
taken place so if the person if the
divorce is pronounced in that period of
Purity now the first menes indicates the
ending of the first period of Purity
second mensis when it begins indicates
the ending of the second period third
mensis indicates the ending of the third
period
now in the case where people believe
that the was the menis
itself then the the period of the three
menes would not end or the three would
not end until the menes ended so it's
the difference of whether we count the
the the divorce as ending with the
beginning of the third period or with
the ending of the third period I mean
it's a minor point but the point is in
the end that the evidence as we
mentioned here authentic texts seemed to
indicate that Abu hanah's position was
the most correct position which is that
the is the actual refers to the actual
men
itself the second source of differences
had to do with Words which had both
literal and figurative meanings because
nature of languages again we have words
with more than one meaning in English
for example we use the
word
b b w now B could mean the bow in the
sense of you tie a knot you tie a bow
your your shoelaces in a bow or ribbon
in a bow or it could mean the bow for
the bow and the
arrow
right this is two meanings same
word or it could be pronounced bow b w
and carry another meaning Alto together
carry other
meanings
now we also have a case where a word may
have a literal meaning and a figurative
meaning for example in the
west we say you know when we're
impressed by somebody we say I take off
my hat for
you now person may not even have a hat
on his head you know I take my hat off
for you I you know I'm
impressed now literally it means take
your head off you take it off but really
what you're meaning is the figurative
meaning that symbol of taking your hat
off of somebody representing in the past
a symbol of uh respect etc etc for that
individual in Arabic the word lams means
literally to touch to touch
something so now when we came to um the
verse is a verse in um Surah Ana
verse
43 uh where Allah says
there or you touched women and and could
not find water then make tum the case
where a person uh needs to make a make W
or there's no water available they make
tum which is to Pat one's hand on any
Dusty surface blow off the dust wipe
one's hand on the the other and wipe
one's face this is called tum it
replaces the
ablutions so Allah says here that if a
person has touched women they can't find
water they can make
Tam
now shaf and most of his students they
rule that lamps meant literally touch
body cont contact a man touches a woman
skin on skin touch contact is made his
woodoo state of Woo is broken whether
accidentally or intentionally woodoo is
going
gone Imam Malik on the other hand he
ruled that touching by the hand men
touching by the hand and he ruled that
the woodoo would be gone if it was
pleasurable if a person took some
pleasure from it but if it's just an
accidental touching whatever doesn't
break
it then uh Ahmed also took this position
then we had the position of Abu hanifah
basically that touching a woman doesn't
break Wu at
all intentional
unintentional pleasure gotten no
pleasure gotten it does not break woodo
on what basis what are the arguments
here well when we go and look at the
evidence again we have an authentic
narration in
which he narrates that the prophet Sall
wasallam kissed some of his wives and
left for Salah without performing woodoo
without performing ablution this proves
that touching because he kissed his
wives if that broke one state of ritual
Purity which we call woodoo
then it would mean that the prophet
Muhammad wasallam prayed without wo he
led the community without woo and of
course this is
unacceptable the so then what is the
meaning of lumps abua explained and the
language also supports
this a touching from both sides and they
say well this is really symbolic of
sexual relations this is what is
actually the point if a person's had
sexual relations not literally the
person accidentally touches somebody
else so that becomes the uh position the
more correct position that it doesn't
break a state of
woodo unless one has sexual relations
among the things which are well known
which break woodoo know the prophet
listed and gave us information this
breaks will do that breaks will do Etc
and you will find no narration in in
which he has included uh touching
women now the third point which is
linguistic before we go over to the
issues of
hadiths is that where words uh had
different meanings in depending on their
grammatical position in the sentence
there the grammatical constructions that
they're found in so for example where
you find the quranic verse which
says
that is verse 187 then complete the fast
up to the
night uh which means that when you go up
to the night it means up to the
beginning of the night you stop you
don't fast when the night is on you
break fast once the night begins with
the setting of the
Sun but we have another another
um verse in which says there and we will
drive the guilty up to hell like a weary
her this is Surah verse 86 not what is
meant here that Allah will only take the
the Sinners just up to the Hellfire and
not have them go in no it means up to
and
including so we have uh two possible
meanings for the term for the this
preposition
up to and not including and up to an
including now when we take it to another
verse to understand another verse in
which Allah says wash your hands and
faces up to your
elbows wash your hands and faces up to
your elbows the hands are washed up to
the elbows now what does it mean wash
our hands is is it up to an including
the elbow or
not because these two verses indicate
that it could have that meaning or it
could have another
meaning now
now what we have to do is to look and
see again the evidence what which side
does the evidence support Abu hanif's uh
student zuur and some of Malik students
they interpreted this verse to mean up
to but not includ ining the elbows that
was their position whereas the four
imams as a whole they all took the
position that it was up to and including
the
elbows
now what we can bring as evidence to
conclude which one is in fact correct is
the practice again of the Prophet may
God's peace and blessing be upon him how
did he make
woodoo not this grammatical argument but
how did he make wo he made woodoo as is
described that he washed and water would
be dripping from his
elbows to describe that he washed and
included his elbows so therefore when we
say washing the elbows up to I'm washing
the hands up to the elbows it means up
to and including the elbows that's is
the correct position and you see the
danger of these kind of grammatical
arguments of course is that people who
are ignorant of why they came about in
the first place sometimes take from them
practices which are not acceptable for
example I've come across a number of
people of Indian background who come
from the area of Kerala Etc Goa and that
where they follow the Shafi School of
Law I met them on Haj and I found that
when they were making woodoo or ablution
the men what they were doing was just
moving their cap back and touching water
their hands with water and touching
their
heads three times times which was
supposed to indicate wiping the head M
so I took some brother aside and explain
to him that listen wiping the head means
that you take your cap off you wash your
hands your wet hands and you put them on
your head and you wipe all the way to
the back and some narrations he came
back to the
front that is the wiping of the head not
touch taking water and touching in the
front of your head three
times he said well actually I know I
know about
that uh I'm a
Shafi because you're hanafi or whatever
that's why you think this I said no it's
not a matter of Han or shaf the point is
that that's what the prophet did he
wiped his whole head now of course he
didn't realize that this whole practice
of touching the hair just a couple of
hairs in the front of the head this came
from a linguistic discussion which took
place in his school earlier the discuss
SCH were trying to determine what is the
minimum what is the minimum which would
constitute
wiping so they looked linguistically
linguistically of course hair the word
for hair is
sh a single hair sorry the word for hair
as a whole is sh the word for a single
hair is sh so they said okay wiping a
single hair sh obviously does not
fulfill the need for wiping
sh or the hair two hairs are called
Shan this is the Arabic uh linguistic
construction known as The
Duel three here is an
up sh this is what is used from three
and upwards so the term sh applies to
three or more
hairs
linguistically but that didn't mean now
all you need to do is to get get three
hairs from your head and touch it when
you were able to wipe your whole head no
no no no no that's not what it meant at
all but unfortunately ignorant people
took it to mean that and they without
understanding spread this idea and this
has become very common amongst many
people of Shafi background or extract
that they just make woodoo by touching
the front of their heads instead of
wiping their heads with their
hands so
when we look at the issue of
differences from a uh linguistic point
of view we said that there may be a
result of words having shared literal
meanings a word having more than one
meaning one scholar takes one the other
takes
another in such a case we said we have
to go back and see how did the
companions of the Prophet wasam
understand it or what narrations do they
have from the prophet wasam to clarify
it and that will determined for us which
one is correct the second issue we said
was a result of literal and figurative
meanings of words some words had more
than one meaning so therefore what do we
do in such a case we take the meanings
back to the messenger of Allah subhana
tala and he would then Define for us
through his actions or through his
statements which in fact was correct the
third Source was that of grammatical
meanings were words
in different constructions or different
places in the sentence have different
meanings and we have to again use the
evidence from the Sunnah in terms of the
Prophet Muhammad alam's practice to
determine which of these positions are
in fact correct with that dear viewers
I'd like to thank you for being with us
in the segment of our program studies in
Islam and we hope that you'll continue
to follow the program we are in the
module we'll continue for another few
weeks and then we'll shift back to to
our a module with that dear viewers we'
like to build you
[Applause]
farewell