All praise is due to Allah, Lord of the Universe. Peace and blessings be upon our Master Muhammad and upon all of his family and companions.

To proceed.

The book Al-Waraqat on Usul-ul-Fiqh by the erudite scholar and Imam, author of many beneficial works, Abi Al-Ma’ali Abdul-Malik Al-Juwayni, Imam of the Two Sacred Precincts, is a book whose size may be small but its benefits are immense and its blessings are manifest.

Many scholars, may Allah be pleased with them, commentated on this book. Some of them explained its text, and others went on to summarize their explanations.

Among the best of its commentaries is the one by the Shaykh of our Shaykhs, the erudite scholar, Jalal-ul-Din Abu Abdullah Muhammad bin Ahmed Al-Mahalli, Al-Shafi’i. It has many benefits and points and students engaged with it and benefited from it, except for the fact that it is often brief and enigmatic, to the point that one does not benefit from it except with hard work and diligence.

However, in this day and age, our ambitions have been weakened, our anxieties and difficulties have increased, and assistance for our brothers has decreased. I made istikhara to Allah the Exalted, on writing a commentary of Al-Waraqat with passages that are clear, highlighting the points and benefits of the aforementioned commentary [of Imam Al-Mahalli] so as to be a commentary of Al-Waraqat and a gloss of the commentary [of Imam Al-Mahalli] as well. If Allah wills, the commentary aims to provide assistance for the beginner and others.

In this commentary, I do not alter the words of the aforementioned commentary except to replace it with a phrasing that is clearer to understand or to increase it in benefits. I named it “The Coolness of the Eye, a Commentary of Al-Waraqaat by Imam Al-Haramayn.”

Allah the Exalted alone is the One who is asked to complete one’s wishes. He is Sufficient for me and the best disposer of affairs.

Biography of Imam Al-Juwayni

We will begin by giving a summarized biography of the author of the text.

He was the Shaykh and Imam, head of the Shafi’i school at his time, and one of the people of significance [in his school]. He is an author of many beneficial works. He is Abu Al-Ma’ali Abdul Malik Ibn Al-Shaykh Abi Muhammad Abdullah bin Yusuf bin Muhammad Al-Juwayni. His heritage is from Juwayn, a large province in Nishapur. His nickname was Diya-ul-Din (the Light of the Religion).

He was born in Muharram in 419 A.H. He passed away in a village in Nishapur called Bushtaniqan on the night of Wednesday on the fifteenth of Rabi’ Al-Awwal, 478 A.H.

He resided in Makkah and Madinah for four years, teaching and issuing legal edicts. Due to this, he was nicknamed Imam of the Two Precincts (Imam Al-Haramayn). He became the foremost scholarly authority in Nishapur, and a school called Madrasah Al-Nidhamiyya was established for him to teach in. He is the author of many works unparalleled by anything that came before him. May Allah envelop him in His mercy and give us blessings through him. Amin.

The author may Allah have mercy on him says,

(In the name of Allah, the most Beneficent the most Merciful), I write. Like this, one should infer the implied verb for whatever the Bismillah is said for. For example, the one eating: “In the name of Allah (I eat).” Or the one that recites, “In the name of Allah (I recite).” This is preferable towards inferring the generic verb of “I start.” This way, the implied verb encompasses the entire action that you are reciting Allah’s name for, rather than it simply being recited for the start of the action.

The implicit verb should come after the Bismillah, since the most important purpose is to begin the action with Bismillah so that its recitation encompasses the whole action.

The author begins with the Bismillah following the Great Qur’an and acting upon the Hadith, “Every action of importance is defective, unless it is begun with Bismillah Al-Rahman Al-Rahim.” Reported by Al-Khatib in Kitab ul-Jami’ with this particular verbiage.

He sufficed with Bismillah over saying Alhamdulillah either:

• Because the author said Alhamdulillah physically, which is suffices.
• Or, because what is meant by Alhamdulillah is its linguistic meaning, which is any type of praise and saying Bismillah implies praise.
• Or, because what is meant by Al-Hamd is any remembrance of Allah the Exalted.

It is related in a narration in the Musnad of Imam Ahmed, “Every action of importance that does not start with the remembrance of Allah is defective or cut off" with hesitation [in the narration].

This Hadith is narrated in many different chains and ways. Al-Nawawi graded this Hadith as Hassan.

After he sufficed saying Bismillah over Alhamdulillah, he goes on to say (these are) a few (pages) phrased in the plural form called Jam’ Al-Salama. According to Sibawayh, Jam’ Al-Salama is a plural form that indicates a small amount.

He stated this in order to simplify for and motivate the seeker of knowledge, how Allah the Exalted stated about the obligation of fasting in Ramadan, “A [small] number of days.” He described the whole month as a small number of days in order to show its ease to those responsible for fasting and to encourage them. It is also said that the “small number of days” refers to the fasting of ‘Ashura and three days from every month because that used to be obligatory in the early days of Islam, after which it was replaced (by Ramadan).

By saying "these", he is pointing to something that exists in the real world if wrote the introduction after completing the book. If not, then he was referring to the book in his mind [that he planned to write].

These pages (comprise of sections), plural of section (fasl). A fasl is defined as a name for a group of matters that share in a common judgment.

These sections are (of) the knowledge of (Usul-ul-Fiqh) to benefit the beginner and others.

(It), i.e the phrase Usul-ul-Fiqh has two meanings:

Composite Meaning: Where the meaning of a compound word is understood by understanding the meanings of the two words individually, then using the second word to limit the scope of the first word.

Overall Meaning: It is knowledge of the science for which that compound word [Usul-ul-Fiqh] was named for until it became like a single word. This second meaning will be given by the author when he says “And Usul-Ul-Fiqh is summarized as...” later on in the text.

It is the first meaning that the author explains by saying, (It is composed of two parts). A composition is defined as creating a union and relationship between two parts. It is more specific than a combination of words, which is simply putting two words next to each other. It is said that both composition and combination have the same meaning.

His (two individuals) which are the components of the composition. He does not mean individual in terms of quantity such as plural or dual. Individual [ifraad] can refer to either of these two meanings but it does not make sense in this context because one of the two individual parts is the word Usul, which is plural. The author points towards this meaning when he says:

(An Asl is something that other things are built upon). In other words, Asl, the singular form of Usul, the first word in the composition, is something upon which other things are built. For example, the Asl of a wall is its foundation, or the Asl of a tree is its roots.

This is the most accurate definition of Asl, because one can physically experience it how they experience the foundation of a wall or the root of a tree.

So the Usul [plural of Asl] of Fiqh are the legal proofs upon which it was established.

This is better than the scholars who said that an Asl is defined as something that other things depend on. This is less accurate because a tree depends on its fruits in order to be complete, but you would not say that the fruits are the Asl of the tree.

Others said that an Asl is defined as something that contains other things. You could say that the number ten contains the number one, but you cannot say that ten is the Asl of one.

Once you know what an Asl is, you know its opposite, which is a far’ [branch], mentioned as a tangent. He goes on to say, (a far’ is what is built on something else) such as the branches of a tree in relation to the root. Likewise, the branches of Fiqh in relation to its principles.

(Fiqh), the second part of the phrase, has a linguistic meaning. It is defined as understanding. Its Islamic definition is (knowledge of the judgements of the Divine Law that were reached through legal reasoning).

For example, knowledge that the intention in Wudu’ is obligatory or knowledge that Salatul Witr is recommended. This is according to the Shafi’i school. As for the Maliki school, Witr is a strong sunnah. Likewise, knowing that establishing an intention is a precondition for fasting, or that Zakat is obligatory to pay on the wealth of a child, or that it is not obligatory on jewelry that is permissible to own. Likewise, knowing that intentional killing necessitates capital punishment, and other similar issues that have differences of opinions.

This is in contrast to knowledge that is not reached through legal reasoning [ijtihad], such as knowledge that the five prayers are obligatory or that fornication is haram. Likewise, the judgements of belief ['aqida], such as knowledge of Allah, the Most Glorified and Exalted, His attributes, and other similar definitive judgements. Knowledge of these are not considered Fiqh, because knowledge of those matters are sometimes included and sometimes excluded.

Fiqh, according to this definition, is not obtained except through the knowledge of a Mujtahid Imam. The definition does not need to specify that the aforementioned scholars of Fiqh must be Mujtahid Imam, because we follow the specific terminology of the science.

What is meant by knowledge in the definition is probabilistic knowledge. Knowledge, which is certainty, in this case refers to strong speculative belief because what is intended is the probabilistic knowledge of the Mujtahid which is very close to absolute certainty (‘ilm).

By saying, (the judgements of the Divine Law), the author rules out judgements made by the intellect, such as knowing that one is half of two, or judgements made by the senses, such as knowing that fire burns.

What is meant by judgment in his statement (the judgements of the Divine Law) is the entirety of its rulings.

What is meant by knowledge of the entirety of its rulings is the potential to know them. Therefore, Imam Malik, may Allah be pleased with him, one of the greatest of the Mujtahid Imams, is not excluded from the definition based on his saying “I do not know” in thirty-two out of forty-eight questions asked to him. Rather, he had the ability to reach knowledge on those matters if he contemplated them. Referring to knowledge as “potential to know” is common in every-day speech. For example, you can say, “Such-and-such knows grammar.” By that, you do not mean that he immediately knows every specific rule in grammar, but rather he is capable of knowing them.