Continuation of the explanation of the hadith of Ma'dan ibn Abi Talhah that 'Umar ibn al-Khattab delivered a sermon on Friday and mentioned the Prophet of Allah (peace and blessings be upon him) and mentioned Abu Bakr, saying: I
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The Shaykh : Is not the verse of summer in the end of al-Nisa sufficient for you? Look at this statement; he poked his finger in his chest and said: O 'Umar. And this is an allusion to the fact that it is strange that it should be difficult for 'Umar, and he is 'Umar ibn al-Khattab. He did not say: O this one, and he did not say: Is it not sufficient for you, but he called him by his name and said: How is this difficult for you, O 'Umar? Is not the verse of summer in the end of Surat al-Nisa sufficient for you? And the answer is: It is sufficient, and it is clear, and Allah (Mighty and Majestic) has explained it, even mentioning in its end: [An-Nisa 4:176].
Read the verse of the kalalah. Allah the Exalted said:[An-Nisa 4:176]. Regarding the kalalah: this is related to two factors that contend for it: the first, and the second: they ask you for a ruling about the kalalah, say: Allah gives you a ruling about the kalalah. Its form is: if a man dies and he has no child: meaning no sons and no daughters, and he has a full sister or a sister on the father's side, then for her is half of what he left. And the fact that the sister gets half of what is left implies that he has no father and no grandfather, is that not so? So: the child is negated from sons and daughters, and the father and the grandfather are negated, because if there were a father or a grandfather, the sister would not get the half.
So we now know that the kalalah is: one who has no child or parent. It is clear, meaning the form makes the meaning clear to you. But the wisdom of Allah (Mighty and Majestic) is that the issue comes in this form, and we do not know it. Meaning: it is possible that Allah (Blessed and Exalted is He) could say: the kalalah is one who has no parent and no child. But Allah the Exalted made it in the form of the actual case, and he inherits it if she has no child, a brother inherits his sister. And when does he inherit her? If she has no parent, because if she had a parent, he would share with him in the inheritance, we do not say he blocks her, and he has a sister and he inherits her if she has no child. If she had a child, her brother would not inherit her, because if her child was male, he would block her brother, and if she was female, she would share with her brother. And Allah the Exalted says:[An-Nisa 4:176], so that indicates that the issue is clear. And one is amazed that such an issue should be hidden from 'Umar ibn al-Khattab (may Allah be pleased with him), until the Prophet (peace and blessings be upon him) was surprised, and poked his chest and said: Is it not sufficient for you? And it indicates that a person, no matter how much he reaches in knowledge, intellect, faith, and intelligence, is exposed to being prevented from understanding.
He says: And if I live, I will judge in it with a judgment, etc.
If I live, where did the ya go? It was deleted because "a'isha" (I live) was made jussive by the condition, so its end is a sukun, and the ya is a sukun, so the ya was deleted, on the level of the saying of Ibn Malik in al-Kafiyyah:
"If two sukuns meet, break what precedes *** And if it is soft, its deletion is deserved".
As for "aqdha" (I will judge), the ya was also deleted for the answer to the condition. I will judge in it with a judgment by which one who reads the Quran and one who does not read the Quran will judge. And it appears, and Allah knows best, that he (may Allah be pleased with him) died and he had not judged with this judgment. But the matter, and praise be to Allah, is clear, where Allah the Exalted said in the verse we recited now, he said in its end:[An-Nisa 4:176], so the issue, and praise be to Allah, is clear.
Then he said: "O Allah, I testify You upon the governors of the provinces, and I only sent them over them to be just with them, and to teach the people their religion and the Sunnah of their Prophet (peace and blessings be upon him), and to distribute among them their fay', and to refer to me what is difficult for them in their affairs".
Pay attention, he says: that he testifies Allah upon the governors of the provinces in their treatment of the people, because the governors of the provinces are asked about them first by the caliph, whose authority is general over all the subjects. So he (may Allah be pleased with him) does not encompass them with knowledge, because they are scattered and in distant places. But he testified the One who knows the treachery of the eyes and what the breasts conceal upon them, and He is Allah (Mighty and Majestic). And he made it clear that he only sent the governors not to dominate the people, nor to tyrannize over the people, nor to take their money, nor to strike their flesh, but he sent them for these four matters: to be just with them: meaning to put justice in them in judging between them and in judging over them. For this reason he said: to be just with them, and he did not say to be just with them or between them or in them, so that justice includes justice in judging between them and justice in their resorting to judgment. This is one. Second: and to teach the people their religion and the Sunnah of their Prophet (peace and blessings be upon him): meaning to teach them the Shari'ah, the religion and the Sunnah. And the religion and the Sunnah are concomitant, because the Sunnah came with the religion, and the religion was taken from the Sunnah.
And the third: he said: and to distribute among them their fay'. The fay' is what is placed in the Bayt al-Mal, and the fifth of the fifth of the war spoils, and the money whose owner is unknown, and the like of that. He distributes the fay' among them.
And he does not take it for himself: because some of the governors take the money for themselves, and the meaning of taking it for themselves is: he specializes in it with his entourage, and leaves the people. And this is undoubtedly oppression.
But the position of the subjects regarding this oppression is that they be patient,
And that they do not complain to each other about the actions of the governors. Rather, the obligatory, as the Messenger (peace and blessings be upon him) ordered:
He did not say: complain to the people, or stir up the people against their governors. He said:Sunan an-Nasa'i 5383Sahih (Darussalam). And I do not think anyone is more advising to the creation than the Messenger of Allah (peace and blessings be upon him) to the creation. I do not think anyone is more advising to the creation than the Messenger of Allah (peace and blessings be upon him and his family). How little do they say when you see the taking for oneself, spread that taking for oneself, and complain about the rulers to the subjects until their hearts are filled with anger and hatred towards their governors. Rather, he said: be patient. And the Messenger (peace and blessings be upon him) did not order except what its outcome is good. We are patient, even if they take the money for themselves over us, and even if they ride the most luxurious vehicles, and build the most luxurious palaces, and we wish for a piece of bread. We are patient, because if we opposed them or our hearts were filled with hatred towards them, more evils would result from that than what they took for themselves. But our advising, trustworthy, wise Commander ordered us to be patient.
Then he said:Musnad Ahmad 186Sahih (Darussalam), these are broad guidelines for governance; they should not refer every case to the central authority. If every case were referred to the general ruler, who is the Caliph, rights would be lost. If we assume, for example, that there are ten thousand villages, and each village has an emir, and each emir refers every small and large matter to the Caliph, when will he be able to encompass all that is referred to him? Until the Day of Resurrection? Then affairs would be stalled. But he said: they should refer to him only what is difficult for them, and what is clear does not need to be referred. The emirs are trustees in the first place, and perhaps each village has a system that suits its people. That is, it is a deficiency or negligence if the system is applied to everyone, even if it does not suit or match the interest of that country. For example, it may be suitable for this village to open the doors of trade during the day but not at night. What do we rule for them? Do we say: Do not open at night? They say: Such-and-such village opens at night. We say: No, it is different.
Such-and-such village is safer than this village. If this village opened at night, there would be chaos. So each emir follows what is in the interest of the village he is in. But if a matter is difficult for him, he refers it to the general Caliphate. And there is no doubt that this is what befits the interest of the Ummah, because if the matter were centralized, interests would be stalled. If we said: No problem is solved except in the ministry—well, not any problem, but no issue is solved except in the ministry—or if we said: Any issue that comes can be solved in the village where the emir is? Which is easier? The second is easier. It is easier for the people on one hand, and easier to bear the burden on the Caliphate or the government on the other hand. But if it is centralized and every issue is referred to the higher authorities, it is difficult for the people and their interests are stalled. For this reason, we know with certainty that the state of the Muslims following the method mentioned by 'Umar will be more complete than the state of centralization. Centralization is torment! And centralization also sometimes does not have a count; you may find, for example, ten employees, whether they are managing one country or all the countries, they are the same. This is not correct. It is obligatory that when the scope of work expands, the number of employees should be increased, and affairs should not be left stagnant, with no increase or decrease. This is not correct. So the important thing is that 'Umar ibn al-Khattab (may Allah be pleased with him) outlined a political methodology for the Caliphs after him. If people followed it in this era, they would find comfort, comfort for themselves and relief for their peoples. Only what is difficult is referred to the higher authorities, so that people can solve their issues in their lands and do not need to exert themselves.
Then he says:Sunan Ibn Majah 1014Sahih (Darussalam), and the meaning of *khabith* here is bad and disliked, not forbidden. So not every *khabith* is forbidden. Pay attention to this rule, but every forbidden thing is *khabith*, correct? But *khabith* does not mean impure. Do not understand this as *khabith* in the sense that it is not suitable and is bad.
And life does not function with it. For this reason, when Allah said:[Al-A'raf 7:157], the meaning is: everything He has forbidden is *khabith*, and the meaning is not that He forbids every *khabith*. Because the Prophet (peace and blessings be upon him) himself described onions as *khabith*, and said: I do not forbid what Allah has made lawful. And this is a point that a person should understand by combining the texts with each other until the legal ruling becomes clear.
He said, may Allah have mercy on him and be pleased with him:Riyad as-Salihin 1704. Glory be to Allah, when he found their smell on a man in the mosque, he ordered him to be taken out to al-Baqi'. He said: So they took him out to al-Baqi'. Where is al-Baqi'? The cemetery, al-Baqi' al-Gharqad, and it is far from the mosque. That is, the one who goes to al-Baqi', the people of the mosque do not find his smell. Rather, he was ordered to be taken out to al-Baqi', not just outside the mosque, in order to distance this man who ate what harms the angels and harms the worshippers. Then he came to the mosque, which is the refuge of the angels, the refuge of the worshippers. Do you come to them with what harms them? Get out from them, be distant.
He says:Sunan an-Nasa'i 708Sahih (Darussalam).
*Yumathmahuma*: Does it mean to slaughter them? No, it means to cook them in order for the smell to go away. And the death of every thing is according to its kind. So *fa limathmahuma tabakhan* means: let them cook them until their smell goes away. But they say: if it is cooked, their benefit goes away. It is said: if it is estimated that the benefit goes away, the taste and deliciousness remain. And how good the head of an onion is when it is cooked; you find it sweet and delicious. This is something observed. So, if it is estimated that the benefit intended from them, while they are delicious, does not go away, the taste and deliciousness remain, since we do not accept that the benefit disappears in cooking.
Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.
يبين الله لكم أن تضلوا والله بكل شيء عليمRead the verse of the kalalah. Allah the Exalted said:
They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]."
يستفتونك قل الله يفتيكم في الكلالةSo we now know that the kalalah is: one who has no child or parent. It is clear, meaning the form makes the meaning clear to you. But the wisdom of Allah (Mighty and Majestic) is that the issue comes in this form, and we do not know it. Meaning: it is possible that Allah (Blessed and Exalted is He) could say: the kalalah is one who has no parent and no child. But Allah the Exalted made it in the form of the actual case, and he inherits it if she has no child, a brother inherits his sister. And when does he inherit her? If she has no parent, because if she had a parent, he would share with him in the inheritance, we do not say he blocks her, and he has a sister and he inherits her if she has no child. If she had a child, her brother would not inherit her, because if her child was male, he would block her brother, and if she was female, she would share with her brother. And Allah the Exalted says:
And he inherits from her if she [dies and] has no child.
وهو يرثها إن لم يكن لها ولدHe says: And if I live, I will judge in it with a judgment, etc.
If I live, where did the ya go? It was deleted because "a'isha" (I live) was made jussive by the condition, so its end is a sukun, and the ya is a sukun, so the ya was deleted, on the level of the saying of Ibn Malik in al-Kafiyyah:
"If two sukuns meet, break what precedes *** And if it is soft, its deletion is deserved".
As for "aqdha" (I will judge), the ya was also deleted for the answer to the condition. I will judge in it with a judgment by which one who reads the Quran and one who does not read the Quran will judge. And it appears, and Allah knows best, that he (may Allah be pleased with him) died and he had not judged with this judgment. But the matter, and praise be to Allah, is clear, where Allah the Exalted said in the verse we recited now, he said in its end:
Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.
يبين الله لكم أن تضلوا والله بكل شيء عليمThen he said: "O Allah, I testify You upon the governors of the provinces, and I only sent them over them to be just with them, and to teach the people their religion and the Sunnah of their Prophet (peace and blessings be upon him), and to distribute among them their fay', and to refer to me what is difficult for them in their affairs".
Pay attention, he says: that he testifies Allah upon the governors of the provinces in their treatment of the people, because the governors of the provinces are asked about them first by the caliph, whose authority is general over all the subjects. So he (may Allah be pleased with him) does not encompass them with knowledge, because they are scattered and in distant places. But he testified the One who knows the treachery of the eyes and what the breasts conceal upon them, and He is Allah (Mighty and Majestic). And he made it clear that he only sent the governors not to dominate the people, nor to tyrannize over the people, nor to take their money, nor to strike their flesh, but he sent them for these four matters: to be just with them: meaning to put justice in them in judging between them and in judging over them. For this reason he said: to be just with them, and he did not say to be just with them or between them or in them, so that justice includes justice in judging between them and justice in their resorting to judgment. This is one. Second: and to teach the people their religion and the Sunnah of their Prophet (peace and blessings be upon him): meaning to teach them the Shari'ah, the religion and the Sunnah. And the religion and the Sunnah are concomitant, because the Sunnah came with the religion, and the religion was taken from the Sunnah.
And the third: he said: and to distribute among them their fay'. The fay' is what is placed in the Bayt al-Mal, and the fifth of the fifth of the war spoils, and the money whose owner is unknown, and the like of that. He distributes the fay' among them.
And he does not take it for himself: because some of the governors take the money for themselves, and the meaning of taking it for themselves is: he specializes in it with his entourage, and leaves the people. And this is undoubtedly oppression.
But the position of the subjects regarding this oppression is that they be patient,
And that they do not complain to each other about the actions of the governors. Rather, the obligatory, as the Messenger (peace and blessings be upon him) ordered:
You will find after me avarice, so be patient
إنكم ستجدوا بعدي أثَرة فاصبرواHe did not say: complain to the people, or stir up the people against their governors. He said:
so be patient until you meet me at the cistern (Al-Hawd).
اصبروا حتى تلقوني على الحوضThen he said:
to refer to me concerning any difficult matter
ويرفعوا إلي ما أشكل عليهم من أمرهمSuch-and-such village is safer than this village. If this village opened at night, there would be chaos. So each emir follows what is in the interest of the village he is in. But if a matter is difficult for him, he refers it to the general Caliphate. And there is no doubt that this is what befits the interest of the Ummah, because if the matter were centralized, interests would be stalled. If we said: No problem is solved except in the ministry—well, not any problem, but no issue is solved except in the ministry—or if we said: Any issue that comes can be solved in the village where the emir is? Which is easier? The second is easier. It is easier for the people on one hand, and easier to bear the burden on the Caliphate or the government on the other hand. But if it is centralized and every issue is referred to the higher authorities, it is difficult for the people and their interests are stalled. For this reason, we know with certainty that the state of the Muslims following the method mentioned by 'Umar will be more complete than the state of centralization. Centralization is torment! And centralization also sometimes does not have a count; you may find, for example, ten employees, whether they are managing one country or all the countries, they are the same. This is not correct. It is obligatory that when the scope of work expands, the number of employees should be increased, and affairs should not be left stagnant, with no increase or decrease. This is not correct. So the important thing is that 'Umar ibn al-Khattab (may Allah be pleased with him) outlined a political methodology for the Caliphs after him. If people followed it in this era, they would find comfort, comfort for themselves and relief for their peoples. Only what is difficult is referred to the higher authorities, so that people can solve their issues in their lands and do not need to exert themselves.
Then he says:
O people, you eat two plants that I find are nothing but obnoxious
إنكم أيها الناس تأكلون شجرتين لا أراهما إلا خبيثتينAnd life does not function with it. For this reason, when Allah said:
prohibits for them the evil
ويحرم عليهم الخبائثHe said, may Allah have mercy on him and be pleased with him:
I saw that if the Messenger of Allah (ﷺ) happened to find a man with such offensive odour in the mosque, he would order him to be taken out of the mosque and sent to Al-Baqi'.
لقد رأيت رسول الله صلى الله عليه وسلم إذا وجد ريحهما من الرجل في المسجد أمر به فأخرج إلى البقيعHe says:
Whoever eats them, let him cook them to death.
فمن أكلهما فليمتهما طبخا*Yumathmahuma*: Does it mean to slaughter them? No, it means to cook them in order for the smell to go away. And the death of every thing is according to its kind. So *fa limathmahuma tabakhan* means: let them cook them until their smell goes away. But they say: if it is cooked, their benefit goes away. It is said: if it is estimated that the benefit goes away, the taste and deliciousness remain. And how good the head of an onion is when it is cooked; you find it sweet and delicious. This is something observed. So, if it is estimated that the benefit intended from them, while they are delicious, does not go away, the taste and deliciousness remain, since we do not accept that the benefit disappears in cooking.
