Part of Concepts of Ahl as-Sunnah (series completed)
· Lesson 517 of 1251
Summary of Sunni concepts | Concept (515) | Legal tricks
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Transcript
Machine translation — may contain errors
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A summary of the concepts held by the Ahl al-Sunnah.
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Legal stratagems (al-hiyal al-shar'iyyah).
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There are no stratagems in the Shari'ah that can be used to waive an obligation or commit a forbidden act.
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Nor can they be used to turn truth into falsehood or falsehood into truth.
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Allah the Exalted condemned those among the Jews who transgressed on the Sabbath.
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They employed stratagems to hunt fish on their day of rest and Sabbath.
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Allah the Exalted said:
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“Ask them (O Muhammad) of the township that was by the sea, how they did break the Sabbath, how their big fish came unto them visibly upon their Sabbath day and on a day when they did not keep Sabbath came they not unto them. Thus did We try them for that they were evil-livers.” (7:163)
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“Ask them (O Muhammad) of the township that was by the sea, how they did break the Sabbath, how their big fish came unto them visibly upon their Sabbath day and on a day when they did not keep Sabbath came they not unto them. Thus did We try them for that they were evil-livers.” (7:163)
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“Ask them (O Muhammad) of the township that was by the sea, how they did break the Sabbath, how their big fish came unto them visibly upon their Sabbath day and on a day when they did not keep Sabbath came they not unto them. Thus did We try them for that they were evil-livers.” (7:163)
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“Ask them (O Muhammad) of the township that was by the sea, how they did break the Sabbath, how their big fish came unto them visibly upon their Sabbath day and on a day when they did not keep Sabbath came they not unto them. Thus did We try them for that they were evil-livers.” (7:163)
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When they engaged in this deception, they were transformed into apes.
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Allah the Exalted said:
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“So when they took pride in that which they had been forbidden, We said unto them: Be ye apes despised and loathed!” (7:166)
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Their transgression was that when they found the fish appearing in abundance on the Sabbath—
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Which was the day they were forbidden from working—
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They set up nets and dug pits in the sea before the Sabbath began.
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Then, when the fish fell into them on the Sabbath,
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They would extract them on Sunday.
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This was the stratagem for which they were transformed into despised apes.
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It was a form of deceit more severe than the act of fishing on the Sabbath itself.
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As for the stratagems that are legislated,
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They are those used to uphold the Shari'ah and secure one's rights.
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Such as recovering a right from an oppressor who withholds it.
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This type of stratagem is praiseworthy and legitimate.
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An example of this is what the Prophet of Allah, Yusuf (peace be upon him), did,
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By placing the king’s measuring cup in his brother’s luggage,
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In order to use that as a means to keep him with him,
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And subsequently bring the rest of his family thereafter.
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It is noted that despite his use of this stratagem,
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He did not fall into lying or accuse his brother of theft.
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For he did not say:
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"Allah forbid that we should take anyone except him whom we found with our property."
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Rather, he said:
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“He said: Allah forbid that we should seize save him with whom we found our property; then truly we should be wrong-doers.” (12:79)