بسم الله الرَّحمن الرَّحيم
One night, when I was in Kenya, I accidentally drank a strong coffee that took away all of my sleep that night. I had this lecture by Sheikh Saalih Aal Alsheikh in my Ipod, So I thought I would type the benefits down from this lecture, I didn't have internet at that time and my laptop didn't have arabic fonts, so many of the benefits in arabic has been translitirated. This lecture was for proper students of knowledge, so it contains terms that may be difficult to understand. I typed the benefits in dot points. Some of the Benefits needed a bit explaining so I added a bit of explanation from my self. here is the actual lecture.
to read the Benefits click "Read more" next to the comment link
Al Farqu Bayna kutubil Fiqhi wa Kutubil Hadeeth
- · The books of Hadeeth were written before the books of Fiqh.
- · The Daleel of the Faqeeh is more detailed than the Daleel of the Muhadith because
o The Muhadith takes daleel from one hadeeth, meaning when a Muhadith explains a hadeeth, He only explains the one hadeeth that is infront of him, he only explains that single Hadeeth and he takes the benefits and the rulings from that single Hadeeth. E.g. Imaam Al Bukhaari, when he writes a title for the Hadeeth that he is going to narrate, he doesn’t look at the khilaaf, he only looks at that hadeeth and writes a title for it accordingly. Likewise Imaam Muslim, At Tirmdhi and other than them from the Muhaditheen who have narrated Ahaadeeth.
o The Faqeeh when He explains a matter, he looks at every daleel that is related to this matter, the daleel , the Faqeeh uses can be from the Qur’aan or the Sunnah or the Ijmaa’ or Qiyaas, or a statement of a Scholar.
So The Muhadith only takes benefit from the hadeeth that he is narrating where as the Faqeeh looks at every daleel he can find for the matter.
- · After the books of Hadeeth, the small Fiqh mutoon were authored, followed by The Detailed books of Fiqh, followed by the Explanations of the books of Hadeeth.
- · The Explanations of the books of Hadeeth were taken from the books of Fiqh
- · The First of the books that were authored in matters of Fiqh and in the issues of difference of opinions amongst the scholars, were the books of Ibnul Mundhir and it’s likes.
- · The Books of Ibnu Abdil Barr, like Tamheed, He firstly explains the hadeeth and then He explains the issue and he presents the daleel like a Faqeeh does. So His book is like the Muhulaa of Abu Muhammad Ali Ibn Hazm Adh Dhaahirii.
- · Then came the detailed books like Muhgni by Imaam Muwafaq ibn Qudaama, and Al Majmoo’ by Imaam An Nawawi rahimahullah. Mughni is based on the Hanbali Madhab where Al Majmoo’ is based on the Shaafi’I Madhab. Their methodology is the same in how the book is authored.
- · The Shurooh of the Hadeeth and the Fiqh books complete each other. So who ever wants to read the Shurooh books of the Ahaadeeth, then he must be strong in Fiqh. Meaning that he must have read the issue In a fiqh book before going to the shurooh of the hadeeth. Why?
o Because Hukmush Shayin Far3un 3an taswurihi, meaning before giving a ruling on an issue the person must understand the issue totally. With the books of hadeeth you have only part of the issue with you and it is presented as if the whole issue is in this hadeeth and the ruling is clear, whereas in the books of Fiqh you have the whole issue in front of you with it’s evidences, so you can understand easily and this will help you understand the hadeeth more clearly in the light of the other parts of the issue that is presented in the books of Fiqh.
o With the shurooh of the ahaadeeth, all types of evidences is not presented, whereas in the books of Fiqh there is every types of evidences; from the Qur’aan and the Sunnah or Ijmaa’ and Qiyaas and Lughah and Usool ul Fiqh and the Qawaa’id etc.
o With the Shurooh of the Ahadeeth you don’t have a clear picture of the whole issue, you might have one part of the issue because there is only one hadeeth that is related to the issue on this book, whereas in the books of Fiqh you will get a clear picture of the whole issue, E.g. If you were to look at Kitaabul Jihaad in Saheeh Bukhari and it’s shurooh, you won’t get a clear understanding to everything that is related to Jihaad, where as in the books of Fiqh you will find everything in it that is related to Jihaad. So you were to look at the books of all the Shurooh, you will find everything that is related to Jihaad if the daleel to the particular issue is a hadeeth. However if a daleel to a particular issue is a general qaa’idah or an ayah or a qiyaas, you won’t find it in the books of Shurooh of the Ahadeeth. However you will find it in the books of Fiqh.
- · The Student of knowledge may think that the one who is explaining the hadeeth in the books of hadeeth is closer to the correct opinion than the one who explained the books of Fiqh. Or the student might think that the one who explains a fiqh book will fall in to taqleed, whereas the one who explains a hadeeth book will not fall into this. This is incorrect. Because the Shurraah when they explain a hadeeth and present the aqwaal of the ‘ulamaa, their tarjeeh of the aqwaal is based on the usool ul fiqh of the madhab that they are upon, and the student might think that the Shaarih’s tarjeeh is upon the correct opinion always, which is incorrect. So a Shaarih can’t explain a hadeeth without using usool ul fiqh based upon the school of thought he learnt upon. So it is important that the Student of knowledge knows that the Shurraah of the books of ahaadeeth and the Shurraah of the books of fiqh are same when it comes to following the madhab and using Usool ul Fiqh that is based upon there madhab, so there is superiority of the Shurraah of the books of hadeeth over the Shurraah of the books of fiqh just because that one is explaining a hadeeth where as the other is explaining a book from a madhab, because there have same methodology when it comes to giving a ruling to an issue; both of them use the usool ul fiqh of their madhab and they both use daleel. So e.g. Imaam Ibn Hajar and Imaam An Nawawi, in their explanations, the usool ul fiqh they use, to take the ruling from the hadeeth is based upon the madhab of Imaam Ash Shaafi’ii, as it occurs in many of the ahaadeeth they explain in there explanations.
· So if you want you research to be a strong one you have to do 6 things
o Tasweer ul Mas2alah. Go to the books of Fiqh.
o Hukmul mas2alah – from the books of fiqh
o Daleelu hadhaa al hukm- from the mu2alif
§ If you the proof is an ayah go to the books of Ahkaamul Qur’aan based upon the madhab of the fiqhbook.
§ the daleel is from the sunnah then go to the books of the hadeeth and their explanations, so you will find in the explanation details of the proof that the ‘aalim used in the Fiqh book; Is it saheeh, does’t it have other wordings, is the hadeeth complete etc. So in this stage he uses the books of explanations of hadeeth to understand the fiqh book, which will make his research and his understanding strong when looking at the explanation of the hadeeth.
§ The Qawaa’id are of two types
· Qawaa’id that are agreed upon
· Qawaa’id that the ulamaa have disagreed with
If the daleel is a Qaa’idah then look at the a qaa’idah if it is from the qawaa’id that is agreed upon then this is clear however if it is from the qawaa’id that is disagreed upon from the madhaahib then go to the qawaa’id and looks it’s daleel and the details that is related to the validity of that qaa’idah.
§ If the Daleel is a statement of the one of the sahaabah, look at the details of this athar and if there are other sahaabah that went against this sahaabi. Etc.
o Wajhul istidlaal – Usool ul Fiqh
o AlKhilaafu fil Mas2alah
o At Tarjeeh.
So if you use these methods it will be clear to you that the books of hadeeth and the books of fiqh don’t go against each other rather they help each other. This is what the ‘ulamaa do, they don’t warn against neither of the books, rather they use both and encourage using both.