1

All praise is for Allah, the most high and gentle. He gathers and distributes all things. 2

He is the one whose bounty is limitless. And has infinite wisdom. 3

Continuous prayers and peace be upon the last messenger from the Quraish. 4

And his family, companions and followers. Who deserve the highest honour. 5

Know! May you be guided, the best favours of knowledge are those which remove doubt, dirt and desires. 6

And they (favours of knowledge) will uncover the truth for those who have hearts. And take the slave to his destination ( paradise ). 7

Be eager to understand these maxims, which gather the scattered issues. 8

Then you will rise to the best of positions (in knowledge) and follow in the footsteps of the successful. 9

These are maxims expressed in the form of a poem, collected from the books of people of knowledge. 10

May Allah reward them greatly and pardon them with his forgiveness and kindness

11

The intention, is a condition for the fulfilment of an action, by it is the validity or invalidity of an action.
[All good actions depend upon intention. Intentions differentiate between habit and worship. Intentions are also used to differentiate between types of worship e.g Fard and sunnah. The difference between intention and ikhlas is

that ikhlas requires two things, one, intention and two, done purely for the pleasure of Allah. Actions of the slave are two: 1. Commanded to do, e.g As-salah - intention necessary 2. Remove najasah intention not necessary for acceptance, however greater reward with intention]

21

The religions foundation is based upon bringing benefits and repelling harms.
[All good emanates from Tawheed and all evil from Shirk. All aspects of the shariah are beneficial, its commands and prohibitions bring about benefits Evidences - Taking out of the darkness to the light (as in al-Baqarah - Ayat 7:157 ... - Surah al-baqarah on - Surat-ul-Asr man is in loss unless he is acting upon the deen]

31

If a number of benefits compete, preference must be given to the greatest benefit.

[- Wajib takes precedence over sunnah or sunnah(rateba) takes precedence over nafl. - Jihaad can be fard-ul-ayn at one time and be greater than Hajj and at another time it is fard-ul-kifayah and comes after helping parents which comes after salah. So spending on parents takes precedence over jihad if it is only fard-ul-ayn. - Repayment of debts over voluntary sadaqah. ]

14

Conversely, when a number of harms compete, the lesser harm is preferred.

[Examples: 1. better to give a thief money than have him attack your family 2. better to give a bribe than having to go to jail 3. allowed to kill women and children if the harm to the greater body of Muslims can only averted by this tactic in Jihad. 4. the sinking of the ship by Khidr in order to save the people from the oppression of the king.]

15

And from the foundation of the shariah is ease, in each matter associated with hardship and difficulty.
[Shortening/combining the prayer when travelling, sitting down and praying because of physical problems. General Ease 1. Praying voluntarily as long as one is not tired 2. Praying short for the people in Jamaah and bring Isha forward 3. Mistakes, etc. forgiven. 4. The allowance to be married. Rukhsah Ease 1. Shaving the head if there is illness in hajj. 2. Allowed to do Taymmum. 3. Allowed to eat swine when in need. 4. To postpone fasting till after Ramadan if ill.

A Bedouin urinated in the masjid.. The prophet (saw) said You have been sent to make things easy (for the people) and you have not been sent to make things difficult for them. (Bhukari)]

61

There is no obligation without ability, and there is no prohibition with necessity.

[Examples of obligations being lifted, 1. the Hajj is an obligation if one can afford the expenses. 2. Exemption from fighting if weak or no means. 3. Sitting allowed in prayer Examples of prohibition being waived, 1. Travelling w/o mahram for a women to escape from Dar-ul-Harb/Kufr 2. To accompany a non-mahram woman if she is lost in the desert to bring her back home]

17

And every prohibition is permissible with necessity, in accordance with the nature of the necessity.
[For example, 1. eating the flesh of pig when starving, and only eating enough to survive. 2. killing women & children should not exceed limit in Jihad () 3. watching television/listening to radio only as much as required and for the purpose it is needed and not exceeding. 4. speaking and learning to speak English to the point that it is required. 5. to read a minimalistic prayer until one learns how exactly to pray.]

18

All the rulings are built upon certainty (yaqeen), doubt can not remove the certainty
[All issues of shariah are based upon certainty(yaqeen). For example, 1. wudhu remains until it is broken for definite. 2. not attacking a people based on weak reports (as in Surat-ul-Hujurat) 3. fasting when the white thread is clearly seen distinct from the black thread of dawn. 4. asl in meat is haram so if there is shak that the slaughter was not legal then should assume haram as that is the only certain position (this is istishab).]

The nature of water is pure and the earth, clothes and stones.

19

20

The principle of the private parts, slaughtered meat, life and wealth of the innocent

21

Is that they are haram until the permission comes. Therefore, understand and beware, may Allah guide you, to what you have noted. [ All intimate relations with women are haram except through marriage and slavery. The blood, honour and property of a non-muslim is haram except in war or punishments]

22

The principle in our habits, is permissibility. Until the removal of permissibility.

[ As in the ayah of al-Baqarah ( .) So everything has permissibility in the worldly life, that is an action whose recipient is not Allah, but another person or yourself, until we have an evidence to prove it otherwise. As in 1. food, everything is halaal until we can prove it haram. 2. the sahaba continued to do azl and waited to see if the Quran would say anything about it.]

23

And the principle of rulings is impermissibility, except that which has been mentioned in our shariah.
[ As in Surah Shoora where Allah asks (42:21) whether they have partners (with Allah) who have instituted for them in the deen what Allah has not allowed. Also the hadith of the Prophet (SAWS) that whosoever does an action that is not from our affair it will be rejected. This is in matters of worship. So for example: 1. No one say there is a 6th prayer that is obligatory until they have evidence. 2. Umar (RA) assumed the Sahabi who read the Quran differently was wrong until the Prophet (Sallallahu Alaihi Wa Sallam) sanctioned it for him. 3. ibn Umar in Tirmidhi regarding the sending of blessing on the Prophet (SAWS) wrong as an addition to the hamdala when sneezing.]

42

The ruling for the means is like the ruling for the objective and judge by this ruling for any additional issues.
[For example, 1. providing expenditure for the family is wajib, and therefore earning a living becomes wajib. 2. to learn pronounciation of letters is required if one is to read al-Fatihah. 3. the learning of Arabic as a wajib to understanding the Quran. 4. to establish the Salah it is obligatory for one to learn the Salah from one who can teach him. This is similar to the principle that anything leading to haram is in itself haram 1. to sit on a table with alcohol is prohibited. 2. to stare at a woman is prohibited.]

25

And the mistake, compulsion and forgetfulness has been overlooked by the One we worship, the merciful.

[For example,

26

But where there is damage, it must be replaced, thereby waiving the sin and error.

1. The rights of individuals (Huqooq ul ebaad) must be paid if mistake caused damage. 2. The missed salah must be made up. 3. Sajdatus-Sahw for missing a non-rukn] 27

And from the issues in the rulings regarding secondary issues, then they (ie the secondary) are different depending on whether they are independent or secondary.
[ For example 1. looking at / buying pictures of women indecently dressed is haram, however if this comes about as a result of buying or reading a newspaper then the same ruling does not apply. 2. Similarly studying at university may involve a degree of free mixing, again because the primary objective is to study the rulings are different. 3. Another example maybe using the internet. 4. Ruling as a public official to help the Muslims while involving minor harams. 5. Killing of women and children is haram but in a war situation where there is need for night raids it may be justified.]

82

And the custom of the people can be acted upon, if a ruling from the shariah is unspecified.

[Customary (urf) or language definitions can be used if definitions are not found in the shariah.
For example, 1. with regards to what is considered maintaining family relations, 2. looking after parents 3. what is considered to be travelling 4. looking after the guest. 5. the maintenance of the wife and the rights & duties of husband and wife. 6. the gift to be given on marriage/divorce]

92

However hastens to the prohibition before its time, he will return with loss and be deprived of it.
[ The things that are haram but sought could have been halal had this person persisted and hoped to attain them under halal conditions. For example, 1. Someone kills his father in order to acquire his inheritance before it is due, will then be deprived of the inheritance. 2. Seeker of positions of authority will not be given it. 3. The fornicator is to be exiled from the land for one year and cannot marry except the like of his. The person sought to have sexual intercourse without bringing about a proper marriage. 4. Also wearing silk and drinking alcohol in this world leads to deprivation in the hereafter. 5. The one who divorces his wife on the deathbed to deprive her of inheritance will not be allowed the divorce.]

30

If the prohibition comes to the action itself or its condition, then it will be corrupted and invalid.
[This is a highly debatable principle. To what extent should the haram have entered into the action? For example:

1. If someone prays during prohibited times then the prayer is invalid.

2. Breaking of Wudhu invalidates prayer. 3. Eating during time of fasting 4. Making Udhhiya before Salat-ul-Eid. Vis--vis: 5. A women travelling to hajj without a mahrem, the hajj is valid however the journey would be considered sinful. 6. Sighar marriage contract is valid however the act is sinful. The act of putting a condition of marrying a son in exchange 7. Praying with stolen clothes- pray is valid but individual is sinful 8. Most Imams consider the prohibition to pray with not a cloth covering a shoulder when in one garment as an indication of sinfulness and not an indication of invalidity.]

31

And the destroyer of that which harms him, will not be liable to pay compensation if he defends himself in the appropriate and measured way.
[For example, 1. Attacked by an animal in the state of ihram and then the animal is killed then no compensation is due. 2. Fighting in the prohibited months after taking all precautions. 3. Not fighting in Masjid-ul-Haram unless attacked there. 4. Not fighting until offered Islam to the enemy. Ayat of surah an-Nahl (16:162) to punish only as much as one has been punished.]

23

And the word Al indicates generality if, this Al comes in plural or singular form, like AlAleem.

[Al can ALSO indicate either of the following three things: 1. Generality 2. Nature 3. Something known (definite article) : 1. : All the praise is for Allah 2. They ask you about Ashahrul-Haramu (the Sacred Month) killing in it. 3. The Divorce is twice. 4. Indeed the man has been created impatient. Indeed the man is in a state of loss. Indeed we created the man in the best of forms. 5. Indeed the Salat is written upon the believers at specified times.]

33

The indefinites in the context of denial or in the context of prohibition give absolute generality.
[For example (:) 1. 2. 3. ......

4. As in this poem it comes (

)

5.

() 1.

2.

3.

43 ))(( ))((

Also whoever and whatever denotes the absolute generality O my dear brother listen.
[For example: (a) ( b) ( c) ( d) ]

53

And similar to that (ie denoting generality) is the singular when added to, so understand may you be guided rightly to what has been added.
[For example: (a) ( b) ]...

36

The ruling can not be established until all the conditions are present and all the preventative conditions removed.
[ For example, 1. Salah , conditions: facing qiblah, wudhu, maturity, etc.. Preventative condition being a kafir 2. Declaring a divorce valid, was it outside menstrual period, etc.]

37

And whosoever comes forth with what is upon him from the actions (i.e. he carries out what is obligatory upon him); then what ever falls due (as a result) is not for him (to compensate for that) upon that action.
[Examples: 1. A person pushes another from trying to cross in front of him in prayer and as a result the pushing brings on a heart attack and the guy dies. The pusher is not going to pay blood money as he was doing his job. 2. Same with the thief whose hand is cut off and that amputation results in complications. The cutter doesnt have to compensate for these extra things 3. Bad smell from fasting is rewardable. (Sh. Kehlan did say that he couldnt link the literal translation to the examples so I have tampered with the translation)]

38

And every ruling revolves around (i.e. is based upon) its illah (effective cause); and [in trying to define the effective he says] it is what makes it (i.e. the ruling) Islamic Law (Shariyyah).
Basically, the lllah is something that causes a ruling to become effective as law, and so whenever we want to know whether a ruling applies or not at any point in time then we have to see whether the illah exists for it or not. [Examples: (a) Pubescence (being baligh) is the illah for many rulings such as being able to marry, to start fasting, for the hudood to be established, etc. (b) Also, like the Prophet (SAW) commanded not to keep the meat of al-Adha for more than three days but he then himself stated its reason being the famine at the time an therefore this ruling ceased when its illah finished (i.e the famine) (c) The Illah for shortening and not fastening is traveling.]

Exceptions: 1) Sometimes a ruling has multiple illahs (i.e. Illal), like a persons urinating and defecating may the both the reason for not being able to pray. Cleaning yourself of one is not sufficient but all the illal must be satisfied before one can pray (i.e. cleaning after urination and also after defecation) (Sh. Sadis example which we didnt really understand) (2) Sometimes a ruling stays even after its initial illah ceases to be effective (e.g. uncovering the shoulder when circumumbulating the Kabah was done to show off might to Kuffar but we continue it even while it doesnt exist). 3) Sometimes the illah is speculative (like we think that shortening of Salah was because of hardship but we are not certain that it is the precise illah).

39

And every (single) condition is binding upon the contract-maker; whether in trading or in marriage or in maqaasid (we didnt know what he meant but it means aims)
Basically carrying out the hadith that the Muslims are (bound) by the conditions that exist in the contracts they agree to. All of them. Whether they understood through literal, or through custom or through the shariah (refer to discussion about when Urf specifies the unspecified in the contract).

04

Except any condition that makes Halaal the Haraam, or vice versa. These conditions are invalid, know this.
[Example: A woman may stipulate in the marriage a condition that she should not be taken out of her city and this doesnt contradict the Shariah so this is okay. Conversely, if she says I marry you on the condition that I will not become pregnant then this is an invalid condition seeks to prohibit what Allah has made halaal through the marriage. Similarly, a condition stipulating interest on a loan is invalid.]

41

The drawing of lots can be used in a state of ambiguity in the issue of rights or congestion (i.e many people vying for the same thing ) [ For example, two men compete to give the azan and both possess equal abilities in all respects then we can draw lots to decide ]

42

If two actions of a similar kind (i.e same ) coincide, doing one is sufficient.
[ For example, 1. upon entering the masjid, praying sunnah will fulfil the need to pray tahiyatul masjid. 2. One ghusl will suffice when there may two reasons coinciding which make ghusl wajib 3. To make the fasting of Shawwal and the 3 days one regularly fasts in a month one is okay.]

34

And the busy/occupied should not be made further engaged, like something entrusted and waqf.
[ For example, renting out one flat simultaneously to two persons ]

44

And whoever pays what is due, on his brothers behalf (a wajib) then he has the right to have it returned. If the intention was, to get it returned.
[ For example, (a) whilst a husband is away the wife needs some money, a brother gives her the money with the intention of receiving it from the husband. He then is due the money on the husbands return.

(b) A neighbours action cause physical damage to a brothers while the neighbour is unaware. Another neighbour who is a friend compensates on behalf of the offending neighbour, and then later demands it from him.]

45

The natural inhibition from disobedience is like the shariah inhibition without difference
[Natural inhibitions apply as much as those clearly instituted in the shariah, although the former may only be addressed in general terms. For example, the aversion to drinking ones urine or from poison doesnt require sharii text as this is natural and comes under not doing self-harm. Similarly it is natural that parents will often not mistreat their children, thus little Sharii guidance is required to institute this.]

46

And all praise is for Allah upon completion, in finishing, and forever.

74

Prayers and peace be upon the prophet, and his companions and followers.