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Abuz Zubair
21st November 2004, 11:13 PM
[Text]
<div align="right">بسم الله الرحمن الرحيم

الحَمدُ ِللهِ، أَهلِ الحَمدِ وَ مُستَحَقِّهِ، حَمدًا يَفضُلُ عَلَى كُلِّ حَمد،ٍ كَفَضلِ اللهِ عَلَى خَلقِهِ. وأَشهَدُ أَن لا إِلهَ إلا الله وَحدَهُ لا شَرِيكَ لَهُ، شَهَادَةَ قَاِئمٍ للهِ بِحَقِّهِ، و أَشهَدُ أنَّ مُحَمَّدًا عَبدُهُ و رَسُولُهُ، غَيرَ مُرتَابٍ فِي صِدقِهِ، صَلَّى اللهُ عَلَيهِ وَ عَلَى آلِهِ وَ صَحبِهِ، مَا جَادَ سَحَابٌ بِوَدقِهِ، و مَا رَعَدَ بَعدَ بَرقِهِ.

هذا كِتَابُ أَحكَامٍ فِي الفِقهِ، اختَصَرتُهُ حَسَبَ الإِمكَانِ، واقتَصَرتُ فِيهِ عَلَى قَولٍ وَاحِدٍ، لِيَكُونَ عُمدَةً لِقَارِئِهِ، و لا يَلتَبِسَ عَلَيهِ الصَوَابُ بِاختِلافِ الُوجُوهِ وَ الرِّوَايَاتِ.

سَأَلَنِي بَعضُ أَصحَابِنَا تَلخِيصَهُ، لِيَقرُبَ عَلَى المُتَعَلِّمِينَ، ويَسهُلَ حِفظُهُ عَلَى الطَالِبِينَ، فَأَجبتُهُ إِلَى ذَلِكَ، مُعتَمِدًا على اللهِ سُبحَانَهُ فِي إِخلاصِ القَصدِ لِوَجهِهِ الكَرِيمِ، و المَعُونَةِ على الوُصُولِ إلى رِضوَانِهِ العَظِيمِ و هُوَ حَسبُنَا و نِعمَ الوَكِيل. و أَودَعتُهُ أَحَادِيثَ صَحِيحَةً تَبَرُّكًا بِهَا واعتِمَادًا عَلَيهَا و جَعَلتُهَا مِنَ الصِّحَاحِ لأَستَغنِيَ عَن نِسبَتِهَا إِلَيهَا.</div>

[Translation]
In the Name of Allah, the Most Beneficent, the Most Merciful

Praise be to Allah, the one who truly deserves the praise. The praise which is favoured over all other praises, just as Allah is favoured over His creation. I bear witness, fulfilling His Right, that there is no one worthy of worship but Allah alone who has no partner. I also bear witness, without doubting the truthfulness of Muhammad, that he is His servant and His Messenger; may Allah's peace be upon Him, his family and his companions, for as long as clouds rain and the lightening thunders.

This is a book pertaining to the rulings of Fiqh, which I abridged wherever possible, and confined it to one opinion, so that it serves as a foundation for the reader and that the correct opinion is not mixed up with the various Wujuh and Riwayat.

Some of our scholars asked us to summarise it, so that it becomes simple to understand for the learners, and easy to memorise for the students. Thus, I responded to that, relying upon Allah Subhaanahu, in purifying my intention in seeking His Face and his aid in reaching His great pleasure, and He is all sufficient for us, the best disposer of affairs. I also mentioned authentic Ahadeeth, seeking their blessings and depending on them, which I chose from authentic collections, so that I wouldn't need to reference them to various collections.

Explanation:
alHamdulillah, truly all praises are due to Allah. We praise Him, seek His assistance and ask for His guidance in all affairs.

The Sheikh introduces his book by praising Allah and bearing witness to Allah's right of worship and the Prophet's right of be followed and obeyed.

* The Sheikh then says: "This is a book pertaining to the rulings of Fiqh", referring to this book, which is called 'Umdat al-Fiqh, or The Foundations of Fiqh, where 'Fiqh' is the Islamic jurisprudence.

This book is often confused with the book 'Umdat al-Ahkam by 'Abdul-Ghani al-Maqdisi. However, the difference between the two books, apart from the name and the authors, is that 'Umdat al-Ahkam is a book in Fiqh al-Hadeeth, where as 'Umdat al-Fiqh is a book in Fiqh itself.

What is the difference between Fiqh and Fiqh al-Hadeeth? Well, both of them are two different approaches to studying Fiqh. A book in Fiqh usually consists of a Matn (a text) which is written as a conclusion of various legal proofs, which is then explained in the light of legal proofs; whereas a book in Fiqh al-Hadeeth usually consists of Ahadeeth, arranged in chapters of Fiqh, which is then usually explained in the form of comparative Fiqh. An example of a book in Fiqh is the book we are studying here, 'Umdat al-Fiqh, with various Shuruh (explanations); while an example of a book in Fiqh al-Hadeeth, apart from 'Umdat al-Ahkam, is Muntaqa al-Akhbar by Majd Ibn Taymiyah (Sheikh al-Islam's grand father), and its famous Sharh Nail al-Awtar by al-Shawkani.

* The Sheikh says about the book that he: "…abridged wherever possible, and confined it to one opinion, so that it serves as a foundation for the reader and that the correct opinion is not mixed up with the various Wujuh and Riwayat."

It has been a traditional practise amongst the students to start from the basics before they engross themselves in disputed Fiqhi issues. Hence, Ibn Qudama put this book together and confined himself to just one opinion in all issues, particularly for the beginners. For those who finish this book, he put together another book called al-Muqni', where he mentions the difference of opinion in issues but confined to the Madhab only. After al-Muqni' he put together al-Kafi aimed at training a student in how to deduce laws; and after that he put together al-Mughni – his masterpiece in comparative Fiqh for advanced students.

This shows that the one who hasn't finished something as basic as 'Umdat al-Fiqh, hasn't gone past the beginner's level, and he is most definitely not competent enough to speak about issues differed over in the Madhab (known as al-Khilaf al-Madhabi), let alone issues that are differed over by various Madhabs (which is known as al-Khilaf al-'Aali). In fact, one of the most dangerous practises many of us get involved in is jumping to the roof without climbing the ladder; and that is by going straight for voluminous books such as al-Mugni, before we have finished something as basic as al-'Umdah. Such type of students, show a lot of enthusiasm in the beginning, however, it most usually wears out only after the first few chapters, and they remain ignorant of the rest 98% of the Sharee'ah.

Therefore, please adhere to the advice of scholars. Start with a small Matn (text), and don't worry about the difference of opinion, until you have consolidated your knowledge in the basics of Fiqh.

The Sheikh then mentions two of the important terminologies specific to the Hanbalis, and they are: al-Wujuh and al-Riwayat.

'Al-Wujuh' is the plural for al-Wajh which means an opinion, whereas 'al-Riwayat' is the plural for al-Riyawah which means a narration.

Often the Hanbali scholars while dealing with various issues, state: "Such and such issue has two Riwayat from Ahmad" or "such and such is permissible in Wajh and Makruh in Wajh". Hence, it becomes important for the reader to know what they exactly mean by al-Riyawat and al-Wajh.

Generally, an issue of Fiqh is either a) based on an explicit statement of Imam Ahmad, or b) not based on it.

a) If it is based on an explicit text of Imam Ahmad, then the Hanbalis refer to it as a 'Nass' (explicit text), or by saying: 'wa 'anhu' (lit. meaning: according to a narration from him).

For example:

Al-'Asr is the middle prayer, and that is the Madhab, Imam Ahmad Nassa 'Alaihi (explicitly stated it).

Or;

During the prayer, the Musalli places his right hand over the left and places them under the navel in the Madhab, wa 'anhu (another narration from the Imam) above the navel, wa 'anhu he has a choice in both of the aforementioned positions.

These riwayat are called al-Riwayat al-Mutlaqah (i.e. explicit narrations)

b) In issues of Fiqh where no explicit statement of the Imam is found, the Hanbalis extracted opinions from the explicit statements of the Imam in resembling issues. However, they differed amongst themselves, as to the extracted opinions based on the opinions of Imam Ahmad, are they in fact his Madhab or not?

Those of the Hanbalis who regarded their extracted opinions to be the Madhab of Imam Ahmad, called this type: al-Riwayah al-Mukharrajah (i.e. extracted narrations).

As for those who did not regard it to be the Madhab of Imam Ahmad, called this type Wujuh.

For example: The one who uses gold and silver utensils to make Wudhu, there are two Wajhs with regards to the validity of such Wudhu.

* The Sheikh then says: "Some of our scholars asked us to summarise it, so that it becomes simple to understand for the learners, and easy to memorise for the students".

Hence, I would strongly encourage the brothers and sisters to memorise as much as they can. As Sh Ibn Uthaimeen said that the way a student benefits from a text he memorises cannot be compared to the benefit gained by simply reading it even with deep understanding.

* The Sheikh finally says: "I also mentioned authentic Ahadeeth, seeking their blessings and depending on them, which I chose from authentic collections, so that I wouldn't need to reference them to various collections"

This is from the beauty of this book as in every chapter he mentions an authentic Hadeeth of the Prophet SallAllahu 'alaihi wasallam, which serves as a basis for that particular chapter, in order to instil in the hearts of students the love for Sunnah of the Prophet SallAllahu 'alaihi wa-sallam.

You may post your questions or comments below, InshaaAllah.

Unspecified
22nd November 2004, 12:33 AM
JazakAllaahu khair...

It would be useful to have an print option by which we could print off a copy of a specific post...

Abuz Zubair
23rd November 2004, 06:56 AM
I hope the printer button just added to the top helps...

wasalam

Abu Ilyas
23rd November 2004, 01:23 PM
Jazakhallah Khair,

How many chapters does the book consist of?

Was Salaam

Abuz Zubair
27th November 2004, 09:17 PM
As-Salaamu 'Alaikum… </p>


</p>


I think it's a good idea to list the topics covered in the book, so that we have a rough idea what we'll be studying, InshaaAllah. </p>


</p>


So here goes the list of chapters: </p>


</p>

Taharah Ritual Purification

Rulings pertain to the types of water
Utensils
Lavatory Etiquette
Ablution
Wiping over the footwear
Dry Ablution (Tayammum)
Mensturation
Post-Natal bleeding

Salah

Adhan and Iqama
Conditions for Salah
Mannerisms of walking to prayer
Description of prayer
Pillars and Obligations of the prayer
Two prostrations for forgetfulness in prayer
Voluntary prayers
Forbidden times for prayers
Imamate in prayer
Prayer of a sick person
Prayer of a traveller
Prayer in intense fear
The Friday prayer
Eid prayers

Funeral
Zakah

Zakah on live stock
Zakah on mineral resources (Kharij Min al-Ardh)
Zakah on Gold, silver and currency (al-Athman)
Ruling on Debt
Zakah on Merchandise
Zakat al-Fitr
Payment of Zakat
Those eligible for Zakah
Those not eligible for Zakah

Fasting

Rulings regarding those exempted from Fasting in Ramadhan
Things that nullify the fast
Voluntary fasts
Al-I'tikaf (confing oneself in Masjid for worship)

Hajj

Mawaqeet (appointed places for Ihram)
Ihram
Things to avoid in Ihram
Fidya (redemption)
Entering Makkah
Description of Hajj
What to do after coming out of Ihram
The pillars and obligations of Hajj and Umrah
Slaughter and Sacrifice
'Aqeeqah

Transactions

Riba (usury)
Sale of crops and produce (Bay' al-Usul wa al-Thimar)
Options in the sales contract (Khiyar)
The forward contract (Salam)
Loans
Rulings regarding Debts
Debt transfer and Guarantee (al-Hawalah wa al-Dhaman)
Lien (Al-Rahn)
Settlements (al-Suluh)
Delegation (al-Wikalah)
Partnership/Company (Al-Sharikah)
Crop Sharing contract over the lease of a plantation (al-Musaqah wa al-Muzara'ah)
Cultivation of virgin land (Ihya' al-Mawat)
Reward (al-Ji'ala)
Lost property and homeless children (al-Luqta)
Competitions (Al-Sabq)
Deposits (al-Wadi'ah)
Lease contract (al-Ijarah)
Usurpation (al-Ghasb)
Pre-emption (al-Shuf'ah)

Endowments (al-Waqf)

Gifts
Gift of a patient on his deathbed

Will

The Bequest's Executor (al-Musa Ilaihi)

Fixed shares of inheritance (al-Fara'idh)

Exclusion from inheritance (al-Hajb)
Paternal male relatives (Al-'Asabat)
Maternal relatives (Dhawi al-Arham)
Least Common Denominators (Usul al-Masa'il)
Redistribution due to Excess Inheritance (al-Radd)
Finding Least Common Denominator (Tashih al-Masa'il)
Death of more than one inheritors without distribution of inheritance? (Munasakhat)
Impediments of inheritance? (Mawani' al-Mirath)
Various Inheritance related issues
Allegiance after freedom from slavery (al-Wala')
Inheritance due to allegiance (al-Mirath bi al-Wala')
Freeing a slave (al-'Itq)
Emancipation upon masters death (al-Tadbir)
Manumission (al-Mukatab)
Concubines having mothered children for their masters (Ummahat al-Awlad)

Marriage

Guardianship in Marriage
Those forbidden to marry
Breastfeeding
Marrying disbelievers
Conditions stipulated in the marriage contract
Faults that annul a marriage contract

Dowry

Marital relations ('Ishrat al-Nisa)
Time division amongst wives and Marital discord (al-Qism wa al-Nushuz)
Annulment with Compensation from Wife (al-Khul')

Divorce

Explicit and implicit Divorce (Sarih wa Kinayat al-Talaq)
Conditional Divorce (Ta'liq al-Talaq bi al-Shurut)
The effects of the number of Divorces (Ma Yakhtalifu bihi 'Adad al-Talaq)
Reconciliation after divorce (al-Raj'ah)
Waiting period after divorce (al-'Iddah)
Waiting period for a widow (al-Ihdad)
Expenditure of a woman in her waiting period (nafaqat al-Mu'taddat)
Purifying the womb? (Istibra' al-Ima')

Injurious assimilation of wife to mother (al-Dhihar)
Oath of condemnation of adultery between two spouses

Child custody (al-Hadhanah)
Expenditure on close-relatives and slaves
Wedding feast (al-Walimah)

Food

Slaughtering
Hunting
One Compelled to consume the forbidden (al-Mudtar)
Vows (Al-Nadhr)

Oaths

Comprehensive section on Oaths (Jami' al-Aiman)
Expiation for breaking an oath (Kaffarat al-Aiman)

Criminal Law

Conditions for the obligation and the execution of retribution (Shurut Wujub al-Qisas wa istifa'uh)
Collaboration in murder (al-Ishtirak fi al-Qatl)
Retribution for injuries (al-Qawad fi al-Juruh)

Indemnity (al-Diyaat)

Paternal male relatives and what they bear of the blood-money (al-'Aqilah wa ma Tahmiluhu)
Compensations for injuries
Face and head injuries (al-Shijaj wa Ghairuha)
Expiation for murder/manslaughter (Kaffarat al-Qatl)
Compurgation by oath? (al-Qasaamah)

Punishments

Fornication (Hadd al-Zina)
Libel (Hadd al-Qadhf)
Intoxication (Hadd al-Muskir)
Theft (Hadd al-Sariqah)
Those who commit violent acts against the Islamic State (Hadd al-Muharibin)
Fighting the rebels (Qital al-Baghi)
Ruling regarding an apostate

Jihad

Spoils of war
Division of booty
Pact of security (al-Amaan)
Non-Muslim's protection Tax (al-Jizyah)

The Judgeship (al-Qadha')

Court decisions (Sifat al-Hukm)
Case conflict (Ta'arudh al-Da'awa)
Ruling in Absentia (Hukm Kitab al-Qadhi)
Division of disputed property (al-Qismah)

Testimonies

Whose testimony is rejected
Testimony against a testimony and retracting from it (al-Shahadah ' Ala al-Shahadah wa al-Ruju' 'anhu)
Claims backed by oaths (al-Yamin fi al-Da'awa)
Confessions and concedements (al-Iqrar)

Abu Ilyas
27th November 2004, 11:00 PM
Masha'allah...a lot to cover.

Unspecified
4th December 2004, 12:52 AM
JazakAllaahu khair.

I hope the printer button just added to the top helps...

wasalam

Stuck in Prison
20th December 2004, 09:25 PM
jazakhAllaah khayr

am printing and going through it now inshaAllaah....

Unspecified
20th March 2005, 11:08 PM
The Sheikh then mentions two of the important terminologies specific to the Hanbalis, and they are: al-Wujuh and al-Riwayat.

'Al-Wujuh' is the plural for al-Wajh which means an opinion, whereas 'al-Riwayat' is the plural for al-Riyawah which means a narration.

al-Riyawah - is this supposed to be al-Riwayah? or is it correct as it is? Dont know much Arabic, so dont know if its right or a typo...

Is it at all possible for you to write the arabic word for the words you put in italics? This will really help a lot in pronounciation & vocab.

Abuz Zubair
22nd March 2005, 02:33 AM
as-Salaamu 'Alaikum,</p>

Yes, my fault... It's supposed to be al-Riwayah and NOT al-Riyawah.</p>

I will, InshaaAllah, edit the previous posts and mention the term in Arabic where appropriate.</p>

al-Riwayah is <font size="3">الرواية</font></p>

<font size="2">al-Wajh is </font><font size="3">الوجه</font></p>

<font size="2">wasalam</font></p>

Unspecified
22nd March 2005, 06:51 PM
JazakAllaahu khair.