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Eye's Delight (Qurratul-^Ayn)

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Shafi^iyy usool explained by a Malikiyy scholar

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Eye's Delight (Qurratul-^Ayn)

  1. 1. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c SUBMISSION PRODUCTIONS PRESENTS: ‫ﻗﺮّة اﻟﻌﲔ‬ THE EYE’S DELIGHT A TRANSLATION BASED ON THE EXPLANATION OF THE PAGES OF IMAMUL- HARAMAYN Shaykh ^Abdullah Muhammad famous as: Al-Hattab Ar-Ra^iniyy Al-Malikiyy
  2. 2. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re THE EYE’S DELIGHT he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c 2|Page
  3. 3. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re THE EYE’S DELIGHT he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c 2 ND EDITION 3|Page
  4. 4. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re THE EYE’S DELIGHT he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c TRANSLATOR’S COMMENTS: This knowledge differs from other types of religious knowledge, such as the knowledge of belief and the knowledge of the detailed practical rules, in that it is very heavily tied to the rules of the Arabic language. This is because the laws of our religion are derived from an Arabic Qur’an, and the reliable sayings of our Prophet r, who spoke the most eloquent Arabic. Translating this text is for servicing the Muslims who do not know Arabic, so that they may have some idea about this precious and extremely important knowledge. Otherwise, a text whose subject is so heavily bound to the rules of Arabic is better left in Arabic. Thus, let the reader keep in mind that whenever linguistic issues arise, such as matters pertaining to what is definite or indefinite, singular or plural, issues of syntax, derivations, etc, what is always meant is what is established in the Arabic language, not English. This document is a mere translation for seeking the reward from Allah the exalted, and facilitating an understanding for English speaking seekers of knowledge. Keep in mind also, that this knowledge, like any other, has its own terminology, and when translating, the intended meanings of the scholars of this field must be observed, and in many cases given priority over the linguistic meanings. Furthermore, some of their terminology, if translated, does not convey the intended meanings, and hence is not even translated, rather transliterated, such as “mujtahid”, which literally means “one who puts great effort”. On the other hand, beginners who do not have certain background information should not read the likes of this book. In other words, translating the meanings has priority over word for word translation, and if this is the case with such a book, how do some translate the Book of Allah literally?? We furthermore advise the readers to remember that the knowledge is taken through the route of qualified scholars, and not by merely reading on one’s own. Most people today are lacking in the basics of belief and practical rules, and so the chances of many issues in this book being misunderstood or not understood at all are great. We have subtitled this document: “a translation based on the explanation of the Pages of Imamul-Haramayn” t. This is to give ourselves the room to add few words for clarification, since the Arabic language is abundant with omitted implications. We also subtracted some matters that do not benefit the English reader. Examples are such as when the explainer clarifies that a certain verb in the original Arabic text is passive or not, or when he uses two words with the same meaning in clarifying an issue. Furthermore, as a reminder to the reader and to the staunch critic of translations, there is almost no escape from changing the word order of some of the sentences, and forget not that Arabic sentences may extend to the point of being considered “run-on sentences” if translated, so we have broken such sentences into smaller sentences. Yet, we claim to have put diligent effort and contemplation into not deviating from the words of the author or the explainer, and have only done so when seeing it as a necessity. Hence, since practically 99 percent of this document is the words of the author and the explainer, we have attributed the books to them, and for those few aforementioned adjustments, we have placed these “translator’s comments”. We have also followed the method of the Muslim scholars in placing the explained text at the top of the page and at the end of the book. We ask Allah for guidance, good intentions, and lack of mistakes. Amin 4|Page
  5. 5. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re THE EYE’S DELIGHT he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c TRANSLATOR’S COMMENTS: ......................................................................................................................................4 INTRODUCTION .................................................................................................................................................................6 (the judgments) ............................................................................................................................................................ 10 (knowledge and ignorance) ......................................................................................................................................12 (the knowledge of the Foundations of Fiqh) ................................................................................................... 15 (the categories of speech) ........................................................................................................................................ 16 (literal speech) .............................................................................................................................................................. 18 (figurative speech) ....................................................................................................................................................... 18 (the command) ..............................................................................................................................................................21 WHO IS INCLUDED UNDER THE ORDER AND PROHIBITION, AND WHAT IS NOT INCLUDED ........................................................................................................................................................................................... 24 (prohibition).................................................................................................................................................................. 25 (the inclusive) ............................................................................................................................................................... 27 THE INCLUSIVE, THE SPECIFIC, THE GENERAL, THE CLARIFICATION, THE EXPLICIT, AND THE APPARENT ................................................................................................................................................................................ 27 (the specific) ................................................................................................................................................................. 29 (the general).................................................................................................................................................................. 32 (the clarification)......................................................................................................................................................... 33 (the explicit) .................................................................................................................................................................. 33 (the apparent) .............................................................................................................................................................. 34 THE DOINGS ..................................................................................................................................................................... 35 ABROGATION ................................................................................................................................................................... 37 SECTION PERTAINING TO CONFLICT................................................................................................................. 42 THE CONSENSUS ............................................................................................................................................................ 45 CONVEYED INFORMATION ....................................................................................................................................... 47 THE ANALOGICAL DEDUCTION............................................................................................................................. 50 PROHIBITION, PERMISSIBILITY, AND REFERRING BACK TO THE ORIGIN ....................................... 54 THE CONFLICT OF REFERENCES ........................................................................................................................... 56 HE WHO PASSES RULINGS AND HE WHO SEEKS RULINGS ................................................................... 57 JUDGEMENT DEDUCTION AND IMITATION .................................................................................................... 59 THE TRANSLATION OF THE TEXT OF THE PAGES...................................................................................... 62 5|Page
  6. 6. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re THE EYE’S DELIGHT he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c INTRODUCTION   The extremely knowledgeable shaykh and imam, the sea of knowledge and person of great understanding, the answerer of religious questions in Allah’s safe and honorable land1, Abu ^Abdillah Muhammad Al-Hattab said: Praise is due to Allah, the Lord of the worlds. May the most perfect and complete supplication and peace be upon our master Muhammad, and upon his family and all of his companions. Thereafter: Surely the book: The Pages, in the knowledge of the Foundations of Fiqh by the shaykh and imam, the author of the beneficial books, Abul-Ma^ali ^Abdul-Malik Ibn ^Abdillah, Imamul-Haramayn, is a book whose size is small, but its knowledge is plenty, its benefit is great, and the blessings in it are apparent. It has been explained by several scholars, may Allah accept their deeds. Some of them have given broad explanations, and others have given abridged explanations. Among the best explanations is that of the shaykh of our shaykh, the beneficial and exceedingly knowledgeable scholar, Jalalud-Din Abu ^Abdillah Muhammad Ibn Ahmad Al-Mahalliyy Ash-Shafi^iyy. It is abundant with benefits and cases. The students of knowledge have busied themselves with it and benefitted from it, except that it is so exaggeratedly summarized, that it is almost a riddle, so there is no guidance to its benefits except through toil and special care. Unfortunately, ambition has weakened, troubles and sadness have increased, and assistance from the brothers has decreased. So I prayed to Allah in seeking the right decision about making an explanation of The Pages with clear expressions that draw attention to the cases and benefits presented in the aforementioned explanation, in a way that this explanation would be an explanation of The Pages and an explanation of the aforementioned explanation. By that, there would be benefit for the beginner and others, if Allah willed. I will not deviate from the expressions of the aforementioned text, except to make something clearer, or for an additional benefit. I entitled it: The Eye’s Delight, the Explanation of the Pages of Imamul-Haramayn. Allah the glorified is the sought one for reaching the hopes. He is enough for me, and the best to rely upon. Let us present a summarized biography of the author. He is the shaykh, imam, the head of the Shafi^iyy scholars, one of the mujtahids within the school, the author of the beneficial books, Abul- Ma^ali ^Abdul-Malik, the son of Shaykh ^Abdullah Ibn Yusuf Ibn Muhammad Al-Juwayniyy, in reference to the town of Al-Juwayn, a large area of Naysabur. He was nicknamed Diya’ud-din. He was born in the month of Muharram 419. He died in a village within the metropolitan area of Naysabur called Bushtaniqan on Wednesday night on the 25th day of the month of Rabi^ Ath-Thani 478. He lived in Makkah and Al-Madinah for four years teaching the knowledge and giving religious answers, 1 The land that is owned and honored by Allah: Makkah. 6|Page
  7. 7. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re THE EYE’S DELIGHT he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c  <In the name of Allah, the merciful to believers and non believers in the present life, and the merciful only to believers in the Afterlife.> There after: These are pages… and as a result was nicknamed: Imamul-Haramayn1. He was the most knowledgeable scholar of Naysabur. Naysabur. The school called An-Nidhamiyyah was built on his behalf. He has authored that which has not been preceded by its likes. May Allah engulf him in His mercy and enable the Muslims to benefit from his blessings. Amin The Author, may Allah have mercy upon him, said: (‫< ﺒﺴﻡ ﺍﷲ ﺍﻟﺭﺤﻤﻥ ﺍﻟﺭﺤﻴﻡ‬in the name of Allah, the merciful to believers and non-believers in the present life, and the merciful only to believers in the Afterlife>) I author. It is appropriate to imply something suitable for that deed for which the basmalah2 was established as an initiation. Hence, the one who is eating implies, “With the name of Allah, I eat”, and the reader implies, “With the name of Allah, I read”. This is more appropriate than implying, “I start”, because it notifies that the entire deed is being commenced with the name of Allah, and “I start” only notifies that the beginning of the deed is with the name of Allah. The reason for delaying the implication until after mentioning the basmalah is because the most important goal is to actually start with the name of Allah the exalted, as well as the expression of restriction. The author started with the basmalah following the example of the great Qur’an, and applying the hadith: {‫< } ﻜل ﺃﻤﺭ ﺫﻱ ﺒﺎل ﻻ ﻴﺒﺩﺃ ﺒﺒﺴﻡ ﺍﷲ ﺍﻟﺭﺤﻤﻥ ﺍﻟﺭﺤﻴﻡ ﻓﻬﻭ ﺃﺒﺘﺭ‬Every religiously important matter that does not start with ‫( ﺒﺴﻡ ﺍﷲ ﺍﻟﺭﺤﻤﻥ ﺍﻟﺭﺤﻴﻡ‬in the name of Allah, the merciful to believers and non believers in the present life, the merciful only to believers in the Afterlife) is incomplete>. This hadith is narrated according to this expression by Al-Khatib in his book Al-Jami^. The author settles with the basmalah, and did not say the hamdalah3, either because he praised Allah with his tongue, and that is sufficient, or because what is meant by the hamd4 is its linguistic meaning, which is to praise Allah; and the basmalah includes the meaning of praising Allah, or because what is meant by the hamd is to mention Allah the exalted. This is mentioned in the narration of the Musnad of Imam Ahmad: {‫< }ﻜل ﺃﻤﺭ ﺫﻱ ﺒﺎل ﻻ ﻴﻔﺘﺢ ﺒﺫﻜﺭ ﺍﷲ ﻓﻬﻭ ﺃﺒﺘﺭ‬Every religiously important matter that does not start with mentioning Allah is incomplete>; or the Prophet said {‫}ﺃﻗﻁﻊ‬ <Cut off>. The narrator doubted. The hadith was narrated with a number of versions. An-Nawawiyy said that it is a hasan hadith. After being content with the basmalah instead of mentioning the hamdalah, the author said: (There after: These are) few (pages), as signified by the use of the “sound plural”, because according to Sibawayh, the sound plurals give the meaning of being few in number. He expressed 1 The imam of the two holy cities. 2 Saying “bimillah”, which means: (in the name of Allah) 3 To say “al-hamdu lillah”, which means: (praise is due to Allah) 4 Hamd means “praise”. More precisely, it is verbal praise of the one who benefits out of will and generosity. 7|Page
  8. 8. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re THE EYE’S DELIGHT he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c …that pertain to knowing about divisions of Usulul-Fiqh (the Foundations of Fiqh), which is a term composed of two singular parts. The foundation is that which something else is built upon. himself as such to make it easy on the student and to encourage him, just as Allah the exalted said about the obligation of fasting the month of Ramadan: {( )}1     <a limited number of days>, to make it easy for the accountable people and to encourage them. It was said that what is meant by “a limited number of days” is: the tenth day of Muharram and three days out of every month, because that is what was obligatory in the first days of Islam, then it was abrogated. The signaling by the use of the word (These) is to that which he already documented if he made the introduction after he finished authoring, or else to that which was prepared in his mind. And so, these are pages (that pertain to knowing about divisions2); which is the plural of “division”, which here refers to a class of cases that have a common ruling. These divisions pertain to the knowledge (of Usulul-Fiqh (the Foundations of Fiqh)), the beginner and others benefit from it, (which is a term); i.e. “the Foundations of Fiqh”, that has two meanings. The first of them is the meaning given by the genitive structure of the words; the meaning understood from each of its individual expressions upon relating one to the other. The second is its technical meaning, which is the science for which this genitive construction has been assigned; the meaning that replaces the first meaning. This second meaning will be later mentioned by the author when he says: (The Foundations of Fiqh are its general references…), etc. The first meaning is that which he clarified when saying: (composed of two singular parts ); in reference to the composition (ta’lif) which is for achieving harmony and proportion between 3 two parts. This is more specific than “tarkib”, which is the mere putting together of two words. However, it is said that they both have the same meaning. As for saying: (singular), he means singularity as opposed to being constructed, not singularity as opposed to duality or plurality, because singularity can be used as an antonym for both cases. The second meaning could not be valid here, because one of the two terms that he described as being singular is (foundations), which is in plural form. Furthermore, there is an indication in his words that he did not intend singularity as opposed to plurality when he said: (The foundation is that which something else is built upon). So, “foundation” is the singular form of the first part, and it is that which something else is built upon, such as the foundation of a wall, which is its base, and the foundation of a tree, which is its end that is firm 1 Al-Baqarah 184 2 Or chapters. The Arabic term is fusul. It is the plural of fasl. 3 The two terms are “usul" and “fiqh” 8|Page
  9. 9. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re THE EYE’S DELIGHT he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c The branch is that which is built upon something else. Fiqh is the knowledge of the religious judgments that are taken by way of judgment deduction (ijtihad). in the ground. This is the most likely definition of “foundation”, because it is confirmed by the senses, as noticed by the examples of the foundation of the wall and the foundation of the tree. So, the Foundations of Fiqh are its references upon which it is built. This is better than the statement of some: “the foundation is that which is needed”, because the tree is need of its fruit as far as reaching the state of completion is concerned, but the fruit is not the foundation of the tree. It is also better than the statement of some: “the foundation is that which something is from”, because “one” comes from “ten”, and ten is not the foundation of one. Then, after defining the foundation, he digressed and defined its opposite by saying: (The branch is that which is built upon something else). That is such as the branches of a tree in respects to its foundations, and the branches of fiqh in respects to its foundations. (Fiqh), which is the second part of the expression “Foundations of Fiqh”, has a linguistic meaning: “comprehension”, and a religious meaning, which (is the knowledge of the religious judgments that are taken by way of judgment deduction (ijtihad)). This is such as the knowledge that having the intention during wudu’ is obligatory, that the witr prayer is recommended, that having the intention at night is a condition for fasting, that zakah is due on the money of the child and not due on permissible jewelry, that killing with a heavy object necessitates execution, and the likes of such cases in which there is difference of opinion. That is different from that which is not taken by way of judgment deduction, such as knowing that the five prayers are obligatory and that fornication is forbidden. It is also different from the rules of the creed, like the knowledge about Allah, the glorified and exalted, and His attributes, and the likes of such cases whose evidences are definite and clear-cut. These matters are not called “fiqh”, because all of that is common knowledge between the elite and the common folk. And so, fiqh according to this definition does not apply except to the fiqh of a mujtahid. The fact that something dedicated and specified1 for the fuqaha’ (scholars of fiqh) does not include the mujtahids does not matter, because the reference in that issue is the normal usage, and the reference in this issue is specific terminology. What is meant by (knowledge) in this context is “speculation”. It was called “knowledge” because what is meant is the speculation of the mujtahid, which because of its strength, is close to knowledge. Also, by “(the religious judgments)” we exclude the mental judgments, such as knowing that one is half of two; and we exclude what is confirmed through senses, such as knowing that fire is hot. What is meant by “(judgments)” when we say, “(knowledge of the religious judgments)” is all of the judgments. Therefore, the definite article is for including the entire genus. What is meant by “knowing all of the judgments” is being equipped for that. Thus, the statement of Malik t - and he is among the greatest of the scholars of fiqh- “I don’t know”, in response to 32 questions out of 48, does not negate what we have said, because he is equipped with what is needed to reach the knowledge of 1 Waqf, which is for someone to dedicate a possession of his for a specific use, or for specific beneficiaries, in a way that that item no longer belongs to the dedicator, and cannot be used in a way other than how its dedicator specified. Its status as a waqf will remain until Judgment Day. 9|Page
  10. 10. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re THE EYE’S DELIGHT he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c There are seven judgments: the obligatory, the recommended, the permissible, the forbidden, the disliked, the valid, and the invalid. The obligatory is that which is rewardable for doing and punishable for leaving out. those issues by referring back to contemplation. Using the term “knowledge” in reference to this state of being equipped is common. You say, “So and so knows grammar,” and you do not mean that all of its cases are present in his heart to the detail, rather, that he is equipped for that. (the judgments) Then he clarified the judgments meant by his statement: “(the religious judgments)”. He said: (There are seven judgments: the obligatory, the recommended, the permissible, the forbidden, the disliked, the valid, and the invalid). So fiqh is the knowledge of these seven, i.e. knowledge of their particular cases: the obligations, the recommendations the permissible matters, the prohibitions, the disliked matters, the valid deeds, and the invalid deeds. What is meant is like the knowledge that such and such a thing is obligatory, for example, and that such and such a thing is recommended, and such and such is permissible, and that this is forbidden, and that is disliked, and this is valid and that is invalid. Knowing the definitions of these aforementioned judgments is not what is intended, because that is part of the knowledge of the Foundations of Fiqh, not the knowledge of fiqh. Referring to these matters as “judgments” is a figure of speech, because they are actually what pertain to the judgment. There are five religious judgments: the obligation, the recommendation, the permissibility, the disliked and the prohibition. For the author to count them as seven is his own terminology. That which most of the scholars are upon is that there are five judgments, not seven, just as we have said. This is because the valid would be either obligatory or otherwise, and the invalid is included under the prohibition. Some said that there are nine judgments, adding the facility and the ^azimah, which both return to the five judgments also, and Allah knows best. Then he began to define the judgments that he cited by mentioning that which is inherent in each one, and so he said: (The obligatory is that which is rewardable for doing and punishable for leaving out); meaning that (the obligatory), as far as an act being described as being obligatory, (is that which is rewardable for doing and punishable for leaving out). The reward for doing the deed and the punishment for leaving it out is something inherent in the obligation as far as the deed being described with being obligatory, and it is not the reality of the obligation itself. The prayer, for example, is an issue conceived and imagined in itself, and it is not the actual gaining of reward or punishment by being done or left out. So, the aforementioned definition is not the definition of the reality of the obligation, as it is not possible to define its reality because of the many types of obligatory matters and their various realities. What is instead intended is the clarification of the description that they all share, in a way that the term “obligation” would be applied to them, which is what he mentioned about the reward for doing them and the punishment for leaving them out. Likewise is said about the rest of the judgments. If it were said, “Your statement: (punishable for leaving out) dictates definite punishment for everyone who leaves out an obligation, and that is not something necessary,” the answer is: It is sufficient for “the punishment for leaving it out” to be true, that the punishment would be inflicted on 10 | P a g e
  11. 11. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re THE EYE’S DELIGHT he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c The recommended is that which is rewardable for doing and not punishable for leaving out. The permissible is that which is neither rewardable for doing nor punishable for leaving out. The forbidden is that which is rewardable for leaving out and punishable for doing. The disliked is that which is rewardable for leaving out and not punishable for doing. one sinner while the rest are forgiven. It may also be said: What is meant by his saying: (punishable for leaving out): the deserving of punishment, as said by several scholars, and that does not negate the forgiveness. The aforementioned definition has been criticized, according to a claim that it does not prevent the inclusion of many optional matters, because the adhan is an optional matter, and if the people of a town leave it out then they are fought, and that is enough of a punishment. Likewise is the ruling for leaving out the prayers of the two holidays according to some. Also, the testimony of the one who leaves out the witr prayer is rejected, etc. The answer is: What is meant is the torture of the Afterlife, and the aforementioned punishment is not because of leaving out the adhan in itself, but because of what results from it: the disbanding of the religion1, which is forbidden. Furthermore, rejection of testimony is not a punishment, it is merely due to the lack of qualification of a religious status whose condition is certain perfections gathered by doings and abstentions, so that includes the obligations and other than the obligations. Do not you see that the slave’s testimony is rejected without that being a punishment for him? It is because of his deficiency in what pertains to the ranks of reliability. Although what is correct is that the adhan in a metropolis is a communal obligation2, and the mujtahids within our school have documented that there is no fighting for leaving out the prayers of the two holidays. These two questions have also been presented about the definition of the forbidden, and the answer is as was just presented. (The recommended3) is taken from “an-nadb”, which linguistically means, “to seek”, and religiously, as far as being attributed with being recommended, it (is that which is rewardable for doing and not punishable for leaving out). (The permissible), as far as being described with permissibility, (is that which is not rewardable for doing), and he means: nor for leaving out; (nor punishable for leaving out), and he means: nor for doing. The meaning is that neither reward nor punishment pertains to doing it or leaving it out. There is no escape from the addition of what we have added, so that the forbidden and the disliked would not be included in its definition. (The forbidden), as far being described with being forbidden, (is that which is rewardable for leaving out) - out of obedience- (and punishable for doing), and the two questions with their rebuttals have already been presented. (The disliked), as far as being described with being disliked, (is that which is rewardable for leaving out) - out of obedience- (and not punishable for doing). 1 By leaving out a sign among the religious symbols 2 The explainer, Ar-Ra^iniyy, is a Malikiyy, so he gave the case according to the ruling of his school. According to the Shafi^iyys, it is recommended. 3 In Arabic is called mandub 11 | P a g e
  12. 12. F T ra n sf o F T ra n sf o PD rm PD rm Y Y Y Y er erABB ABB y y bu bu 2.0 2.0 to to re re THE EYE’S DELIGHT he he k k lic lic C C w om w om w w w. w. A B B Y Y.c A B B Y Y.c The valid is that which pertains to fulfillment, and is recognized. The invalid is that which does not pertain to fulfillment, and is not recognized. Fiqh is more specific than knowledge. Knowledge is to know the known thing as it is in reality. We have restricted the outcome of being rewarded for leaving out the forbidden and the disliked by saying, “out of obedience”, because the person gets out of the range of what is forbidden and what is disliked by leaving them out, even if he did not realize it, let alone if he intended to leave it out. However, reward is not warranted unless obedience was intended. If it were said, “Likewise, reward is not warranted in reference to doing the obligations and the recommendations unless obedience was intended”, then the answer is: This is true. However, since many of the obligations are not even valid in the first place unless obedience is intended- and that is every obligation that is not valid without an intention- there was no need to mention the restriction. This is true, even if some obligations are lifted by merely doing them; such as support of dependants, returning items taken by force, returning trusts, fulfilling debts, and other things that are valid without an intention, but there is no reward deserved unless obedience is intended, and Allah knows best. (The valid), as far as being described with validity, (is that which pertains to fulfillment), which is the achievement of the goal; such as the permissibility of benefitting from an item in a selling contract, and the permissibility of sexual pleasure from marriage; (and is recognized) in the religious law. Recognition would be by gathering what is religiously considered1, whether it was a dealing or an act of worship. Fulfillment pertains to the deeds of the accountable, and recognition is the doing of the one who establishes the religious law. It is said that they have the same meaning. (The invalid), as far as being described with invalidity, (is that which does not pertain to fulfillment, and is not recognized). It did not gather what is needed to be religiously considered, whether it was a dealing or an act of worship. According to the religious terminology, the dealing is attributed with fulfillment and recognition, and the worship is attributed only with recognition. (knowledge and ignorance) (Fiqh), according to the previously mentioned religious definition, (is more specific than knowledge), because of the validity of applying the term “knowledge” to fiqh, grammar, and other things. So every fiqh is knowledge, but not every knowledge is fiqh. Likewise is the case according to the linguistic meaning of fiqh, for it means comprehension, and knowledge more general. (Knowledge), according to the terminology, (is to know the known thing); i.e. to realize that which its case is that it would be known, whether existent or not, (as it is in reality). That is such as realizing, i.e. conceiving the human being to be a living creature that utters, or realizing that the world, which is everything other than Allah, is an occurrence. This is Qadi Abu Bakr Al-Baqillaniyy’s definition, and some have rejected it because it has circular logic; because “known” is a term derived from “knowledge”, and so “known” would not be known except after knowing the meaning of 1 Referring to the conditions and integrals. The condition of the deed is what must be fulfilled before initiating the deed, and then it must last throughout the deed, like wudu for the prayer. The integral is what is a part of the deed and cannot be left out, like the prostration of the prayer. The acts of worship and the dealings have integrals and conditions that one must learn before commencing, and invalidators that must be avoided. 12 | P a g e

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