A Poem on the Principles of Fiqh

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1 A Poem on the Principles of Fiqh Written by Shaikh Abdurrahman ibn (رحمھ الله) Naasir as-sa'adi With the Annotations of Shaikh Abu Bilal al-hadrami (حفظھ الله) Translated by Faisal Ibn Abdul Qaadir Ibn Hassan Abu Sulaymaan

2 A Poem on the Principles of Fiqh by ( رحمه االله) Shaikh Abdurrahman ibn Naasir as-sa'adi With the Annotations of 1 ( حفظه االله) Shaikh Abu Bilal al-hadrami Translated by Faisal Ibn Abdul Qaadir Ibn Hassan Abu Sulaymaan 1 Theses annotations have been added by the translator from Shaikh Abu Bilal al-hadrami s explanation of the poem found here:

3 Text of Poem: ال ح م د ل له ال ع ل ي الا ر ف ق ****** و ج ام ع الا ش ي اء و ال م ف رق ذ ي ال نع م ال و اس ع ة ال غ ز ير ة ****** و ال ح ك م ال ب اه ر ة ال ك ث ير ة ث م ال صلا ة م ع س لا م د اي م ****** ع ل ى ال رس ول ال ق ر ش ي ال خ ات م و ا ل ه و ص ح ب ه الا ب ر ار ****** ال ح اي ز ي م ر ات ب ال ف خ ار اع ل م ه د يت ا ن ا ف ض ل ال م ن ن ****** ع ل م ي ز يل ال ش ك ع ن ك و ال در ن 2 3 All praise is due to Allah the All-High, the Most Gentle The Gatherer of all things and the Separator The Possessor of vast, abundant favors And much outstanding wisdom Then may peace and blessings continuous be upon The Qurashi Messenger; the Seal of all-prophets 4 And upon his family and righteous Companions Possessors of honorable status Know, may Allah guide you, that the best of the blessings Is Knowledge that removes from you doubt and filth 2 Shaikh Abu Bilal (may Allah preserve him) said: الحمد) ) in the Arabic language means praise through the mention of beautiful attributes and good actions. In the Legislation: it is an action that is built on venerating the One who gives favors due to Him being one who gives the favors. 3 Shaikh Abu Bilal (may Allah preserve him) said: The name Allah is mentioned in 2360 places in the Quran. 4 Shaikh Abu Bilal (may Allah preserve him) said: Sometimes the intent [of the word family] is those who it is prohibited to give them sadaqah [from his family] and sometimes the intent is everyone who follows him in his religion. 2

4 و ي ك ش ف ال ح ق ل ذ ي ال ق ل وب ****** و ي وص ل ال ع ب د ا ل ى ال م ط ل وب ف اح ر ص ع ل ى ف ه م ك ل ل ق و اع د ****** ج ام ع ة ال م س اي ل ال شو ار د ف ت ر ت ق ي ف ي ال ع ل م خ ي ر م ر ت ق ى ****** و ت ق ت ف ي س ب ل ا لذ ي ق د و فق ا ه ذ ه ق و اع د ن ظ م ت ه ا ****** م ن ك ت ب ا ه ل ال ع ل م ق د ح صل ت ه ا ج ز اه م ال م و ل ى ع ظ يم الا ج ر ****** و ال ع ف و م ع غ ف ر ان ه و ال ب ر And uncovers the truth for those with understanding And reaches a servant to that which is desired So be eager in your understanding of the principles That gather all the issues that slip the mind So you can ascend in knowledge with the best of ascension And follow the path of those who were given divine success [the Salaf] And these principles I have made into a poem 5 From which I collected from the books of the People of Knowledge May the Maula (Patron, Lord, Protector and Supporter, etc.) reward them with the greatest of reward And pardon [them] along with granting them His forgiveness and kindness 5 Shaikh Abu Bilal (may Allah preserve him) said: "The knowledge of the principles of fiqh emerged in the fourth century. The first to author in the subject was Abu Tahir ad-dabbas al-karkhi (may Allah have mercy upon him). 3

5 ف( ن ية ) ش ر ط ل س اي ر ال ع م ل ****** ب ه ا ال صلا ح و ال ف س اد ل ل ع م ل ال دين م ب ن ي ع ل ى ال م ص ال ح ****** ف ي ج ل ب ه ا و ال در ء ل ل ق ب اي ح ف ا ن ت ز اح م ع د د ال م ص ال ح ****** ي ق دم الا ع ل ى م ن ال م ص ال ح و ض ده ت ز اح م ال م ف اس د ****** ي ر ت ك ب الا د ن ى م ن ال م ف اس د ق اع دة في ش ر عنا ال تي س ير ****** في كل ا م ر ناب ه ت عسير 6 Verily the intention is a condition for all actions The validity and corruption of actions depend on it The religion is built upon bringing of benefits 7 And deflecting the ugly affairs and harms If a number of benefits are in competition The one with the most benefit is given precedence And the opposite: if a number of harms are in competition The least of the harms is taken A principle in our Legislation is easiness In every affair which presents difficulty 6 Shaikh Abu Bilal (may Allah preserve him) said: Linguistically, the intention means purpose. In the Legislation it means: the intention of obedience and drawing near to Allah, the Exalted along with the performance of the action. 7 Shaikh Abu Bilal (may Allah preserve him) said: Ibn Qayyim said: "If you ponder on the legislation of His religion, which He has established for His servants, you will find that it does not go beyond the obtainment of pure benefit or what is mostly beneficial as much as possible, and the denial of pure evil or what is mostly evil as much as possible. So like this the best of Judges has established a Legislation for His religion that testifies for the perfection of His Knowledge, His wisdom, kindness to His servants, and goodness towards them" [Miftaah Daar as-sa'adah (2/22)]. 4

6 و ل ي س و اج ب ب لا اق ت د ار ****** و لا م ح رم م ع اض طر ار و ك ل م ح ظ ور م ع ال ضر ور ه ****** ب ق د ر م ا ت ح ت اج ه ال ضر ور ه و ت ر ج ع الا ح ك ام ل ل ي ق ين ****** ف لا ي ز يل ال ش ك ل ل ي ق ين و الا ص ل ف ي مياهنا ال طه ار ه ****** و الا ر ض و ال ثي اب و ال ح ج ار ه و الا ص ل ف ي الا ب ض اع و ال لح وم ****** و ال نف س و الا م و ال ل ل م ع ص وم ت ح ر يم ه ا ح تى ي ج يء ال ح ل ****** ف اف ه م ه د اك ا الله م ا ي م ل 8 And there is no obligation without ability And there is no prohibition with compulsion And everything forbidden in the case of necessity [Is allowed] in accordance to what is needed in necessity 9 Rulings return to certainty 10 So doubt does not remove certainty 8 Shaikh Abu Bilal (may Allah preserve him) said: " Shaikhul-Islam Ibn Taymiyyah (may Allah mercy upon him) said: "From the comprehensive foundations is that the one who is unable according to the Legislation, then the obligation is dropped from him and the one who is compelled [to do an action] is without disobedience and it is not unlawful [for him]. So Allah, the Exalted did not obligate what the servant is unable to do nor did He prohibit what the servant is compelled [to do]" [Majmoo' al-fatawa (20/ )]. 9 Shaikh Abu Bilal (may Allah preserve him) said : Suyuti (may Allah have mercy upon him) said: Know that this principle enters into all chapters of fiqh and issues are extracted from it. It reaches one quarter of fiqh and it is agreed upon" [Ashbaah wa Nathaair pg. 56]. 10 Shaikh Abu Bilal (may Allah preserve him) said: The evidence for this is the Quran, Sunnah, and intellect. Allah says: And most of them follow nothing but conjecture. Certainly, conjecture can be of no avail against the truth [10:36]. Ibn Jarir (may Allah have mercy upon him) said: Doubt can be of no avail against certainty [Tafsir Tabari (11/82)]. From the Sunnah: The Messenger of Allah (ﷺ) said: If any one of you has pain in his abdomen, but is doubtful whether or not anything has issued from him, be should not leave the mosque unless he hears a sound or perceives a smell [Muslim no. 362]. From the intellect: certainty is stronger than doubt. Certainty is a decisive ruling and cannot be overcome by doubt". 5

7 The origin of our water is purity 11 The earth, clothing, and rocks 12 The origin of marriage and meat And life and wealth for those who are have sanctity Is prohibition until there comes permissibility So understand, may Allah guide you to that which is dictated to you 11 Shaikh Abu Bilal (may Allah preserve him) said : [The evidence is Hadith] Pure clean earth is a purifier for the Muslim; even if he did not find water for ten years. This Hadith was graded Hasan by the Muhaddith of the Era al-albani (may Allah have mercy upon him) [See: Saheeh Tirmidhi no. 124] and also by 'Allaamah Naasih ul-ameen Yahya ibn Ali al-hajoori (may Allah preserve him). 12 Shaikh Abu Bilal (may Allah preserve him) said: "What is correct is the origin of meats is permissibility as has preceded regarding water. What proves this is the Hadith of Aisha (may Allah be pleased with her) that the Messenger of Allah was asked about the meat that came to them and they did not know if Allah's name was mentioned when slaughtering it or not? He (ﷺ) said: " Mention Allah's name yourself and eat it " [Bukhari 2057]. If the origin of meat was impermissibility, then he would have said to them: do not eat it until you know a cause for its permissibility". 6

8 و الا ص ل ف ي عاداتن ا الا باحة ****** ح تى ي ج يء ص ار ف الا ب اح ه و ل ي س م ش ر وع ا م ن الا م ور ****** غ ي ر ا لذ ي ف ي ش ر ع ن ا الم ذ ك ور و س اي ل الا م ور ك ال م ق اص د ****** و اح ك م ب ه ذ ا ال ح ك م ل ل زو اي د و ال خ ط ا و الا ك ر اه و ال نس ي ان ****** ا س ق ط ه م ع ب ود ن ا ال رح م ان ل ك ن م ع الا ت لا ف ي ث ب ت ال ب د ل ****** و ي ن ت ف ي ال تا ث يم ع ن ه و ال زل ل 13 And the origin of our customs is permissibility Until there comes something that changes the permissibility And there is nothing legislated in the affairs Other than what our Legislation mentioned The means that lead to affairs [take the ruling] of the purposes 14 So judge the complementary affairs with this ruling Mistakes, things done under duress, and forgetfulness Are all pardoned by our Lord ar-rahman However if their is damage [to property] a compensation is established And the sin is removed from him and the error 13 Shaikh Abu Bilal (may Allah preserve him) said : "A custom is something that is repeated. This is what az-zubaydi said in Sharh al-qamoos". 14 Shaikh Abu Bilal (may Allah preserve him) said: In regards to the additional or the complementary affairs, then the origin is reward or punishment. It takes the ruling of what it is a complement to. So the one who is returning from the masjid to his house is rewarded for this action. The evidence for this principle is His statement: That is because they suffer neither thirst nor fatigue, nor hunger in the Cause of Allah, nor they take any step to raise the anger of disbelievers...[until His statement]...nor cross a valley, but is written to their credit, that Allah may recompense them with the best of what they used to do (i.e. Allah will reward their good deeds according to the reward of their best deeds which they did in the most perfect manner) " [9: ]. From the Sunnah: is the Hadith from Abu Darda (may Allah be pleased with him): " he who treads the path in search of knowledge, Allah would make that path easy, leading to Paradise" [Muslim no. 2699]. 7

9 م س اي ل الا ح ك ام فيها ف ي ال تب ع ****** ي ث ب ت لا ا ذ ا اس ت ق ل ف و ق ع و "ال ع ر ف "م ع م ول ب ه ا ذ ا و ر د ****** ح ك م م ن ال شر ع ال شر يف ل م ي ح د م ع اج ل ال م ح ظ ور ق ب ل ا ن ه ****** ق د ب اء ب ال خ س ر ان م ع ح ر م ان ه و ا ن ا ت ى ال تح ر يم ف ي ن ف س ال ع م ل ****** ا و ش ر ط ه, ف ذ و ف س اد و خ ل ل و م ت ل ف م و ذ يه ل ي س ي ض م ن ****** ب ع د ال دف اع ب ا لت ي ه ي ا ح س ن And among the Ahkaam there are some that if they follow others 15 Are established but do not occur if they are independent And customs are acted upon if a ruling is 16 Reported in the Honorable Legislation without a restriction The one who is hasty towards a prohibition before the time it becomes permissible 17 Will return with failure along with its prevention 15 Shaikh Abu Bilal (may Allah preserve him) said: "The intent of this is that something can have a specific ruling if it is independent and separate from others. However, if it follows something else, the ruling changes. For example: a person wants to buy fruits before their ripe. Then this is not allowed because the Prophet (ﷺ) prohibited buying fruits before their ripe [Muslim no. 1534]. If he wants to buy the farm with its fruits, then here it is permissible because the fruits follow the farm...the proof for this principle is his statement : (ﷺ) " The slaughter of the embryo is included when its mother is slaughtered " Reported by Abu Dawood and others from Jabir (may Allah be pleased with him)" [Saheeh Sunan Abi Dawood no. 2828]. 16 Shaikh Abu Bilal (may Allah preserve him) said: The evidence for this principle is His statement: Enjoin what is good [7:199]. This verse was revealed about the characteristics of the people as Abdullah ibn Zubair said in al-bukhari. Some of the Mufassireen said the intent of ( بالعرف) is the good [actions] according to the people which does not oppose the legislation. Ibn Attiyyah was certain about this in al-muharr al-wajeez. From the narrations is the Hadith of Aisha (may Allah be pleased with her) in regards to the affair of Hind bint Utbah when she complained about Abu Sufyan that he was a miserly man who did not give her what sufficed her and her children. The Prophet (ﷺ) said: " Take reasonably what is sufficient for you and your children " [Bukhari and Muslim]. An-Nawawi (may Allah have mercy upon him) said in the explanation of Muslim, in it is benefits, and he mentioned among them: "[in the Hadith] is the reliance upon customs in affairs which do not have a Legislated restriction" [Sharh Nawawi 'ala Saheeh Muslim (8/12)]. 17 Shaikh Abu Bilal (may Allah preserve him) said: The evidence for this the Hadith: The killer does not inherit. Tirmidhi (may Allah have mercy upon him) said it is not authentic; however, it is acted upon. The Hadith was authenticed by 'Allamah al-albani (may Allah have mercy upon him) in Irwaa [(6/118)] from the Hadith of Abu Hurairah (may Allah be pleased with him). 8

10 And if a prohibition is approached in an action itself Or its condition then it is corrupted and deficient And there is no compensation for one who destroyed something harmful After repelling it [the harm] with that which is better 9

11 و (ا ل ( ت ف يد ال ك ل ف ي ال ع م وم ****** ف ي ال ج م ع و الا ف ر اد ك (ال ع ل يم ( وال نكرات في سياق النفي ****** ت ع ط ي ال ع م وم ا و س ي اق ال نه ي كذاك (م ن ( و (ما) تفيدان معا ****** ك ل ال ع م وم ي ا ا خ ي ف اس م ع ا و م ث ل ه ال م ف ر د ا ذ ي ض اف ****** ف اف ه م ه د يت ال رش د م ا ي ض اف و لا ي ت م ال ح ك م ح تى ت ج ت م ع ****** ك ل ال شر وط و ال م و ان ع ت ر ت ف ع The word the ( ( ا ل gives the meaning of everything in general In plural or singular like the word Al-Aleem (the All-Knower) And the indefinite article in the context of denial 18 Provides the meaning of generality and also in the context of prohibition Likewise who ( ( م ن and what ( ما) both give the meaning of Every generality, so listen oh my brother Likewise a singular word if it is annexed So understand may you be guided to that which is annexed And a ruling is not complete until it fulfills 19 All its condition and its preventatives are removed 18 Shaikh Abu Bilal (may Allah preserve him) said: The indefinite article in the context of denial is clear text for generality in three issues: ( لا ا له ا لا الله) There is no doubt in it and ( لا ريب فيه) like: of denial of type/kind ( لا) 1. If it is compounded with the There is no God worthy of worship except Allah 2. If ( من) is added before it like: ا رسلنا من قبلك من رسول) ( وما And We did not send any Messenger before you [21:25] and من ا له ا لا ا له واحد) ( وما But there is no ilah (god) (none who has the right to be worshipped) but One Ilah (God -Allah) [5:73]. 3. An indefinite article that necessitates denial like: نوح رب لا تذر على الا رض من الكفرين ديارا) ( وقال And Nuh (Noah) said: "My Lord! Leave not one of the disbelievers on the earth! [71:26]. The word ( ديارا) means no one. 19 Shaikh Abu Bilal (may Allah preserve him) said: The linguistic definition of condition is a sign. The technical definition is what necessitates by its absence the absence of something, but does not necessitate that something is present 10

12 و م ن ا ت ى ب م ا ع ل ي ه م ن ع م ل ****** ق د اس ت ح ق م ا ل ه ع ل ى ال ع م ل وي فع ل البع ض م ن الم ا مور ****** ا ن ش ق ف ع ل ساي ر الما مور وك ل من نشا عن الما ذون ****** فذاك ا مر ليس بالمضمون و ك ل ح ك م د اي ر م ع ع لت ه ****** و ه ي ا لت ي ق د ا و ج ب ت ل ش ر ع يت ه و ك ل ش ر ط لا ز م ل ل ع اق د ****** ف ي ال ب ي ع و ال نك اح و ال م ق اص د ا لا ش ر وط ا ح لل ت م ح رم ا ****** ا و ع ك س ه ف ب اط لا ت ف اع ل م ا ت س ت ع م ل ال ق ر ع ة ع ن د ال م ب ه م ****** م ن ال ح ق وق ا و ل د ى ال تز اح م Whoever performs work that is due upon him Then he deserves the wage due to him for that work And a person does some of the commandments If doing the remaining commandments is difficulty Whatever [error] occurs from one who is authorized to do an action Then that affair does not require a compensation Every ruling revolves around its cause/reason And it is what is obligated in His Legislation Every condition is binding on one entering a contract by its presence nor its absence. The definition of a preventative technically is what necessitates by its presence the absence of the ruling and does not necessitate by its absence the presence of the ruling nor its absence. And example is menstruation. It necessitates by its presence the absence of prayer, but it does not necessitate by its absence the presence of prayer nor its absence. 11

13 In business, marriage, and purposes Except for a condition that makes permissible the impermissible or 20 Or the opposite. It invalid so know [that] Drawing lots is used whenever rights are unclear 21 Or when there is competition in the affair 20 Shaikh Abu Bilal (may Allah preserve him) said: The evidences for that:[is his (ﷺ) statement] "A nd the Muslims will be held to their conditions, except the conditions that make the lawful unlawful, or the unlawful lawful " [Saheeh Sunan Abi Dawood no.3594]. And his (ﷺ) statement: " Every conditions that is not in the Book of Allah is invalid " [Bukhari no. 2155]. 21 Shaikh Abu Bilal (may Allah preserve him) said: The evidence for drawing lots is the statement of Allah, the Exalted: " You were not with them, when they cast lots with their pens as to which of them should be charged with the care of Maryam (Mary) " [3:44]. And His statement: " He (agreed to) cast lots, and he was among the losers " [37:141]. Ibn Qayyim (may Allah have mercy upon him) said: "Drawing lots is established in the Sunnah from Ahaadith from the Messenger of ALlah and there are two verses in the Book of Allah regarding it" ['Ilaam al-muwaqi'een (3/9)]. From that is that if he (ﷺ) wanted to go for a travel he would draw lots between his wives. And he (ﷺ) said: " Were people to know the blessing of pronouncing Adhan and the standing in the first row, they would even draw lots to secure these privileges" [Bukhari and Muslim]. 12

14 و ا ن ت س او ى ال ع م لا ن اج ت م ع ا ****** و ق م ب ف ع ل واح د ف اس ت م ع ا و ك ل م ش غ ول ف لا ي ش غ ل ****** م ث ال ه ال م ر ه ون و ال م س بل و م ن ي و د ع ن ا خ يه و اج ب ا ****** ل ه ال رج وع ا ن ن و ى م ط ال ب ا و ال و از ع ال طب ع ي ع ن ال ع ص ي ان ****** ك ال و از ع ال شر ع ي ب لا ن ك ر ان و ال ح م د ل له ع ل ى ال تم ام ****** ف ي ال ب د ء و ال خ ت ام و ال دو ام ث م ال صلا ة م ع س لا م ش اي ع ****** ع ل ى ال نب ي و ص ح ب ه و ال تاب ع If two equal actions come together Then do one of the actions, so pay attention Do not busy one who is busy 22 For example one who is mortgaging something or one who is busy with an endowment Whoever fulfills for his brother an obligation 23 Then he should return it if he intends a reclaim A natural deterrent from a disobedience Does not require a legislated deterrence without denial 22 Shaikh Abu Bilal (may Allah preserve him) said: The evidence for the principle is his (ﷺ) statement : " A person should not enter into a transaction when his (Muslim) brother has already negotiated " and he (ﷺ) prohibited [when he said]: " nor should he make a proposal of marriage when that of his brother is pending " [Bukhari and Muslim]. This is because the merchandise and this woman are busy in a transaction and first proposal. 23 Shaikh Abu Bilal (may Allah preserve him) said: The apparent texts indicate that. Like His statement: " Is there any reward for good other than good? " [55:60]. Like the statement of the Prophet : (ﷺ) " if anyone does you a kindness, recompense him " [Saheeh Sunan Abi Dawood no. 1672]. It is indicated by the statement of Allah, the Exalted: " Then if they give suck to the children for you, give them their due payment, and let each of you accept the advice of the other in a just way " [65:6]. So it is allowed or the wage is obligatory for nursing and the permission of the father is not a condition". 13

15 All praise is due to Allah with perfection In the beginning, ending, and continuously May universal peace and blessings be upon The Prophet, his Companions, and those who follow ********** End of Poem ********** 14

In the Name of Allah, the Most Gracious, the Most Merciful.

In the Name of Allah, the Most Gracious, the Most Merciful. The Virtues of Surat At-Tariq Revealed in Makkah An-Nasa'i recorded that Jabir said, "Mu`adh lead the Maghrib prayer and he recited Al-Baqarah and An-Nisa'. So the Prophet said, أ ف تان أ ن ت ي ا م ع اذ