📘 قراءة كتاب The Basic Rulings and Principles of Fiqh and the Beneficial and Eloquent Classifications and Differentiations أونلاين
The Basic Rulings and Principles of Fiqh – Foundation 1
All Praise is due to Allaah, we praise Him, we seek His aid, and we seek His
forgiveness. We seek refuge in Allaah from the evils of our souls and from the evils
of our actions. Whomsoever Allaah guides, then there is no one to misguide him, and
whomsoever Allaah leaves to go astray, then there is no one to guide him. I bear
witness that none has the right to be worshipped except Allaah, alone without
partners, and that Muhammad is His slave and messenger.
«O you who believe! Fear Allaah as He should be
feared and die not except in a state of Islam (as
Muslims) with complete submission to Allaah»
Surah Aali-Imran (3:102)
«O mankind! Be dutiful to your Lord, Who created you from
a single person (Adam), and from him (Adam) He created his
wife [Hawwa (Eve)], and from them both He created many men
and women and fear Allaah through Whom you demand your
mutual (rights), and (do not cut the relations of) the wombs
(kinship). Surely, Allaah is Ever an All-Watcher over you»
Surah an-Nisa (4:1)
«O you who believe! Keep your duty to Allaah and fear Him, and
speak (always) the truth. He will direct you to do righteous good
deeds and will forgive you your sins. And whosoever obeys Allaah
and His Messenger (: sallallaahu ‘alayhi wa sallam) he has
indeed achieved a great achievement (i.e. he will be saved from
the Hell-fire and made to enter Paradise).»
Surah al-Ahzab (33:70-71)
To proceed:
Indeed, the most truthful speech is the speech of Allaah (ta’ala), and the best of
guidance is the guidance of Muhammad (: sallallaahu ‘alayhi wa sallam). The
worst of affairs are the newly invented matters, and every newly invented matter is an
innovation. Every innovation is a misguidance, and every misguidance is in Hellfire.
It proceeds that this book entitled, al-Qawaa'id wal-Usool al-Jaami'ah wal-Furooq
wat -Taqaaseem al-Badee'ah an-Naafi'ah, (The Basic Rulings and Principles of Fiqh
– The Beneficial, Eloquent Classifications and Differentiations) was written by one of
the greatest scholars of Islam, ash-Shaykh, al-Allamah ‘Abd ar-Rahman ibn Naasir as-
Sa’di (rahimahullaah). The importance of this book stems from the nature of its
content; this is because the scholars of Islam gave great importance to the study of the
basic rulings and principles of fiqh so that they are able to encompass the masaa’il
(various cases) and refer these cases to the basic rulings and principles in order to
deduct and apply the judgment in a comprehensive, yet precise manner. In addition,
the ‘ulama (scholars) of Islam paid great attention to the matters that seem to be
similar in nature but have different rulings. This book covers the principles and basic
foundations regarding the rulings as well as the classification and differentiation
between cases.
Biography of Shaykh ‘Abd ar-Rahman ibn Naa’sir as-Sa’di
al-Allamah (the scholar), al-Faqeeh (the jurist), al-Usooli (the scholar of the
principles of fiqh), al-Mufassir (the scholar of tafsir) ash-Shaykh, Abu ‘Abdullah,
‘Abd ar-Rahman ibn Naasir ibn ‘Abdullah ibn Naasir as-Sa’di at-Tamimi descends
from the tribe of Bani Tamim. He was born in the city of Unayzah in Qaasim
province in Saudi Arabia on the 12th of Muharram in the year 1307 A.H, which
corresponds September 8, 1889 C.E.
Shaykh as-Sa’di’s mother died when he was four years old, and his father died when
he was seven years old. As an orphan, he was raised by his step-mother
(rahimahallaah) until he became young, at which point he lived with his elder
brother, who took care of him.
Shaykh as-Sa’di drew the attention of others at an early age due to his intelligence and
inclination towards al-‘ilm (knowledge). Shaykh as-Sa’di studied the Qur’an and
memorized it at the age of 11. He then began to take knowledge from the ‘ulama of
his town as well as the scholars that passed through it. He exerted immense effort
until he had a great share of knowledge from every discipline.
When the Shaykh reached 23 years of age, he sat to teach while still receiving
knowledge. He spent all his time teaching and receiving knowledge. The Shaykh
took knowledge from many scholars including:
1-ash-Shaykh Ibrahim ibn Hamid ibn Jaasir who died in Kuwait in 1338 A.H.
2- ash-Shaykh Muhammad ibn ‘Abd al-Kareem as-Shibal (1343 A.H.) with whom he
studied fiqh and the Arabic language.
3- ash-Shaykh ‘Abdullah ibn Aa’id al-Harbi (d.1322 A.H.).
4- ash-Shaykh Sa’b ibn ‘Abdullah al-Tuwaijri (d.1353 A.H.)
5- ash-Shaykh Ali ibn Muhammad as-Sinaani (d.1353 A.H.).
6-ash-Shaykh Ali Naasir Abu Waadaaye (d.1361 A.H.) with whom he studied the six
books of hadith and who gave Shaykh as-Sa’di ijaza (certificate) on that.
7-The Shaykh spent many years with ash-Shaykh Saalih ibn Uthman al-Qaadi (d.1351
A.H.) with whom he studied tawheed, tafsir, fiqh principles, and Arabic sciences.
8-In addition, he took from ash-Shaykh Muhammad ibn ash-Shaykh ‘Abd al-‘Aziz al-
Maan'i. (d.1361 A.H.)
9-ash-Shaykh Muhammad Amin ash-Shanqeeti (d.1351 A.H.) with whom he studied
tafsir, hadith, and the Arabic sciences.
10-ash-Shaykh Muhammad ibn ‘Abdullah ibn Saleem (d.1323 A.H.)
11- ash-Shaykh Ibrahim ibn Saalih al-Qahtani (1343 A.H.).
The Shaykh (rahimahullaah) had a high status of knowledge, particularly in fiqh and
its principles. He busied himself and benefited a great deal from the books of Shaykh
al-Islam ibn Taymiyyah as well as his student ibn al-Qayyim, especially in terms of
‘ilm of hadith, tafsir, and fiqh. This had a great influence on the Shaykh’s knowledge.
The Shaykh had many students, from them are: ash-Shaykh Sulayman ibn Ibrahim al-
Bassaam (d.1377 A.H.), ash-Shaykh Saalih ibn ‘Abdullah al-Zughaibi (d.1372 A.H.),
ash-Shaykh ‘Abdullah ibn ‘Abd al-‘Aziz al-Mutawaa’ (1354 A.H.) as well as our
Shaykh Muhammad ibn Saalih al-'Uthaimeen (d.1421 A.H.). Other students of the
Shaykh were: ash-Shaykh ‘Abdullah ibn ‘Abd al-Aziz ibn ‘Aqeel, ash-Shaykh Ali ibn
Hamid as-Saalihi, ash-Shaykh ‘Abdullah ibn ‘Abd ar-Rahman Saalih al-Bassam, ash-
Shaykh ‘Abd al-‘Aziz ibn Muhammad as-Salman, ash-Shaykh Ali ibn Zamal Aslaim
(d.1418 A.H.), ash-Shaykh Muhammad ibn Saalih al-Khuzayem (d.1394 A.H.), and
ash-Shaykh Muhammad ibn ‘Abd al-‘Aziz al-Mutawaa’ (d.1387 A.H).
The Shaykh, throughout his life, wrote many books and authored many treatises. This
includes his great tafsir of the Qur’an entitled, Taysir al-Karim ar-Rahman fee Tafsir
al-Qur’an, which is composed of five volumes; he finished his work on that in 1344
A.H. Moreover, he issued many fatwa and wrote many letters and comments on
various subjects. His works were known for their ease in language and understanding.
The Shaykh (rahimahullaah), after having spent his entire life serving al-‘ilm, died at
the age of 69 on a Thursday in the year 1956 C.E. due to an illness that stayed with
him for nearly five years. He was buried in the city of Unayzah; his funeral occurred
after duhr in the grand mosque of that city, with numerous people attending. May
Allaah’s mercy be on ash-Shaykh ‘Abd ar-Rahman ibn Naasir as-Sa’di.
The Basic Rulings and Principles of Fiqh – The Beneficial,
Eloquent Classifications and Differentiations al-Qawaa'id wal-
Usool al-Jaami'ah wal-Furooq wat -Taqaaseem al-Badee'ah an-Naafi'ah.
Introduction
After praising Allaah and seeking His help and forgiveness, the Shaykh began by
noting that the knowledge of the principles and foundations, under which, the
numerous cases fall is one of the most important and beneficial disciplines. He
asserts that he has put forth the principles and foundations that are the most
comprehensive in relation to the ordinances. He classified these principles into two
categories, those conciliating the rulings as well as those that classify the differences
between similar cases having close rulings.
Our Sh. Muhammad ibn Saalih Al-'Uthaimeen (rahimahullaah), and our Sh. Dr.
Saami ibn Muhammad As-Sghair (hafidhahullaah) commented on the discussions of
these foundations which Sh. ibn Sa'di (rahimahullaah) presented in his book.
Accordingly, what is presented here is based upon all of these efforts. May Allaah
accept them and make the effort presented here a benefit for my self and for all
Muslims, and may He, the Most High, reward all those who worked to make the
transcription of the lectures from www.understand-islam.net available.
Principle One
The first principle is entitled:
The Lawgiver orders only that which is a purely
beneficial (i.e. no evil therein) or predominately
beneficial (meaning its benefits exceeds any evil
therein). The Lawgiver forbids only that which is
purely evil or predominately evil (i.e. the good is
negligible when compared to the evil), giving
precedence to warding off the evil.
Qur’anic Foundation for Principle One
This foundation comprises the entire shari’ah. Nothing is irregular when considered
using this foundation. There is no differentiation, whether this foundation refers to
the rights of Allaah or the rights of His slaves. Allaah (subhannahu wa ta’ala) said
(in the translation of the meaning):
«Verily, Allaah enjoins al-‘Adl (i.e. justice) and al-Ihsaan, and giving (help) to
kith and kin and forbids al-Fahsha (i.e all evil deeds), and al-Munkar (i.e. all that
is prohibited), and Al-Baghye (i.e. all kinds of oppression), He admonishes you,
that you may take heed.» Surah an-Nahl (16:90)
From this ayah, it is clear that there is no justice or goodness, except that Allaah
orders it. Similarly, there is no evil or munkar related to the rights of Allaah and no
transgression nor oppression related to the rights of people, except that He forbade it.
This is where this foundation is deducted from.
Also, Allaah said in the Qur’an (in the translation of the meaning):
«Say (O Muhammad : sallallaahu ‘alayhi wa sallam): My Lord has
commanded justice and (said) that you should face Him only (i.e. worship none
but Allaah and face the Qiblah, i.e. the Ka'bah at Makkah during prayers) in
each and every place of worship, in prayers and invoke Him only making your
religion sincere to Him» Surah al-‘Araf (7:29)
As such, this verse comprises the basic foundations regarding the commands and
reminds us of their goodness. Similarly, the following verse comprises the basis of all
the prohibitions while commanding us to say away from them, stating (in the
translation of the meaning):
«Say (O Muhammad : sallallaahu ‘alayhi wa sallam): "(But) the things that my
Lord has indeed forbidden are al-Fawahish (great evil sins, every kind of
unlawful sexual intercourse, etc.) whether committed openly or secretly, sins (of
all kinds), unrighteous oppression, joining partners (in worship) with Allaah for
which He has given no authority, and saying things about Allaah of which you
have no knowledge."»
Surah al-‘Araf (7:33)
This verse begins by describing those acts that are lesser in gravity, continuing
on to those that are the highest in magnitude and forbiddance.
In addition, Allaah said the following verse (in the translation of the meaning):
«O you who believe! When you intend to offer as-Salaat (the prayer), wash your
faces and your hands (forearms) up to the elbows, rub (by passing wet hands
over) your heads, and (wash) your feet up to ankles. If you are in a state of
Janaaba (i.e. had a sexual discharge), purify yourself (bathe your whole body).
But if you are ill or on a journey or any of you comes from answering the call of
nature, or you have been in contact with women (i.e. sexual intercourse) and you
find no water, then perform Tayammum with clean earth and rub therewith
your faces and hands. Allaah does not want to place you in difficulty, but He
wants to purify you, and to complete His Favor on you that you may be
thankful.» Surah al-Ma’idah (5:6)
In this book, Dr. Saleh AsSaleh explains only seven foundations out of
sixty mentioned in the book of Sh. AbderRahman AsSe’di ”The Basic Rulings and Principles, and the Beneficial and Eloquent Classifications and Differentiations”. The importance of this book stems from the nature of its content. This is because the scholars of Islam gave great importance to the study of the basic rulings and principles of fiqh so that they are able to encompass the various cases and refer these cases to the basic rulings and principles in order to deduct and apply the judgment in a comprehensive, yet precise manner.
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