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Matn Abu Shuja #35

Adnan Rajeh


Channel: Adnan Rajeh


File Size: 66.97MB

Episode Notes

2018 5 3 LMM at 8pm -Chapter of Trade 5

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Episode Transcript ©


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Salam al Heyman hamdulillahi rabbil Alameen wa Salatu was Salam, ala Sayidina Muhammad Ali remain. So I put up what we're going to talk about today

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we're going to finish in sha Allah Kitab we'll be

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talking about trade and commerce and issues of finance and show today and then next time we'll start with a whole new chapter being the LA Tada.

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So I'm gonna talk about get on. We're going to talk about moussaka.

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So watering crops

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we're going to talk about

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the EGR Ijarah.

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Jarrah, which is basically renting goods

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we're going to talk

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about drop gyla, which is wages

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we're going to talk

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something that they call, he doesn't call it here, but

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it has a name in it anyway. It's called mo Zara.

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And here in English, when I looked it up, it's sharecropping. I'm not sure if that is a proper term or not.

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But apparently sharecropping is a thing we'll talk about the meaning of it in a moment but that's what they called it

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in my Word

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so reviving land

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just so you know what we're gonna do, then we will talk about what

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domain or endowment is probably a better we welcome.

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black marker? Sure.

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Is it clear? Okay.

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Yeah, sure.

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Yeah, and hubba

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which is good gifts, there's actually two more things we're going to talk about. So there's still a bit more but

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they're not, they're not very long, like they're not very long. Topics are pretty, pretty short.

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A lot of it may not be extremely relevant today. Like some of it will be kind of old. But nonetheless, they talked about it, there's something to learn from it

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in terms of understanding our field, and how it works.

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All right. So we'll start with the first word of it all.

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Which means

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profit sharing ventures

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will get all the Autobahn to shadow and there are four conditions for this to be a thing and we'll I'll explain in a moment in terms of what it is

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they call it before we before we talk about

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conditions let me tell you what it had a different name it's called Animal bonobo.

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So another name for it that is more common as an Modaraba. And you'll find this in the books of physical Muchmore U is a term that is used much more and this is each mount almost on this concept to me and it's one of the few things that we have a Jamar that all Sahaba sought to be permissible in terms of us using it

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something goes into helium and it was later on continued by Islam the Prophet sites and did not prohibit it and all the Sahaba used it and it just continues till today.

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So what it means is, is for you to have money

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and for me to take that money and work with it use it in buying and trading and then when I make a profit, we get certain there's a certain sharing of profits from from from what is made. So I owe the money and you're going to put into work so you're not working for your employer you're not giving a wage here. No, you're actually working you with my money. So this is similar to for investing in you or it has certain similarities. It's not exactly the same thing. But there's similarities to investment but basically you are taking the capital that I have a cinema what I have in terms of what I own and then you're gonna you're gonna work with it and you're gonna get a

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certain amount of the profit from from doing that I'm not talking about paying your wages for you working and this is here this here is more based on whether you make money or not. And what's the difference of course, if you're being paid wages, then whether the company makes money or doesn't make money, you're gonna get paid your wages but Modaraba or it all is different because now if you if the if it makes money than you make and if it doesn't make money than you

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don't make as much. Okay, so what are the four conditions for Kilauea to be a thing? First one and you Hakuna Allah no Beniamino Dara Hemi what Dinantian has it based on a certain amount of golden silver so has to be based on money means someone has to own assets that are worth money for it to for it to work, when Yeah, then rob bull man really, really fit Assad roofie McLachlan, and the owner of the money has to allow or have to give permission to the white person who was working to use that money in any way he wants me to YES to have full ability to use that money.

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Oh, female young couple, would you do Who hollyburn He can use it in any way that he wants. Or he will specify to him how to use that money mean giving him certain fields that are usually available for him to use.

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I can't, I can't give you mine to work with and then restrict your ability to work, and then ask you why you can make a profit. So I have to give you full

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give you limitless access to use this money, or I have to give you a specified access to it. But that access is general enough and common enough. So that means it's always available for you to use meaning I can tell you, I don't want this money. I want this money to be only used in the car market. Now if the current market is something that sometimes is there and sometimes not, that's not okay. Because that could restrict your ability to actually do any work and then you'll be held accountable for not making money. But at the current market is something that's always there and which it is the automobile market is a very big one, then that's okay for him to specify for you in

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which market he wants you to work. Okay. Um, yesterday, Paula who would use an aluminum mirror behave and for and and the owner of the money has to give you I think if the person who was working for it working with the money, a certain amount of the profits, a certain amount that is agreed upon before they start. So 20% 30% 50% 60%, whatever you want, or the profit itself? Well, you can't delve into the fourth condition. And it shouldn't be based on time, meaning you can't tell them, Okay, here's my money, work with it for a year, it has to be open. Because then we're gonna, working with that money for a year could cause the person who's using the money to idle to get harmed by

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starting this business and starting to actually make money just when he starts to make money. You're he's taken off, and he can't work anymore. Right? So you can either rip off the person who's working, or the person who's working with him when he can rip off the owner of the money. Right. And then the last month of the year, you can go into an endeavor that loses money and then it doesn't work anymore. So giving it a certain amount of time could be harmful for both the person who's working and the owner of the money. So he's like, What album man, I really Elad you're the one. And the person who was working with the money does not is not liable for loss in terms of what of the

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money itself unless they transgress and we talks about we've given examples of that before. So if I give you my money to work with, you're going to start buying and trading and selling and stuff, then you're not liable if if this doesn't work out. Unless you can prove that you've transgressed against me, you tried to lose me money, maybe you tried to get into an endeavor that was going to be a loss. But if you're trying your best, and this is what happened, then you're not liable for that. Why the hustler, the punishment was run, Derby del husana will be repaid. And if there's if there's a loss of money and there's a profit, then we first of all, close the loss with the profit. And then the

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rest of that profit, you take the percentage off. So this month, we need we did a few endeavors and we lost maybe 190 100,000 here and made 300,000 Here, I don't make if I'm working, I've been working with your money, if I'm using your money, I'm the worker that I don't take my percentage off, if you had 1000, I take it off the 20,000 after you take away the 100,000 of what was lost. That makes sense. So just this is just my calculations. Again, these are not everything here is based on it's based on evidence is more based on the logic of Islamic law. But this this is open for debate if there are different issues that are agreed upon between both parties. So that's the first one which

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is doable. Dadada I will get on and it's very interesting and it's similar to investment is very similar to for you in investing in someone almost the same, but here's a bit different. You still own the money. And they're just using that money to try and make a profit or trying or trying to do something investment is similar, but there's certain differences that that apply. We'll talk about that Michelle later. All right, well, moussaka to Jaya isa tune, Allah Natalie, welcome me, and moussaka, moussaka is when you hire someone to irrigate land, right to take care of crops of trees or anything that is that we use that needs that needs to be in these arrogation. So for you to be

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hired to do that, that is, is is permissible. For a man who said nothing will come he specified it being for dates, trees and for

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for grapes. However, the Shafee method is for all all trees, for all trees, all types of fruit and anything that's on a tree is permissible. And that's the same thing for the rest of the data as well. This is an early opinion that that existed. What a hotshot banya there are two conditions for this huduma one of them and you can deal with the debt in Maluma meaning this at this point, it has to be based on a certain amount of time, meaning I'm hiring you to irrigate my land for me for a certain period of time after that if the contract is over.

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Over either we renew or we stopped. So as to be basic as hiring has to be based on amount of amount of time, no employee works without a contract that gives them a certain period of time where their contract will end. With any annual Aina, you'll iron me to use an MA illumine Mina Femara in to give the worker a certain amount of the of the fruits mean a certain percentage of that fruit. And that is also acceptable.

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It would be the same thing if he was if you were given money. So it was based on wages. We're gonna talk about that in a minute, but it's the same basic basic concept, but you can work for a certain percentage of, of the fruits. Yeah, it's either or that Yeah, yeah, whatever you guys agree to Yeah, works either way. Don't Malama Luffy has been in there working

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here in the Land is as to there are two things that we need to focus on. Number one, I'm alone yaru do not follow who either thermal Antifa who either Landini an act of a certain thing that you do that will benefit the actual fruit. And that is upon the worker, he has to provide that while I'm out on your own do not follow who already for who I love Bill Mal, and then a certain action or a certain act of work that will benefit the land itself. And that is upon the owner of the land. So if I have land, and I'm telling you Look, I don't have time to take care of this land there is 300 apricot, apricot trees in this land, I don't have time to take care of it. You take care of the

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land, you irrigate it, you do everything you need to do the land and you will take 50% of the of the fruit that is called moussaka. And that is yes, that's what this teaching here. Now when you're doing that, if you do anything to benefit the land, then I pay for it. So if you bring in fertilizer, right, that's for the land, then I pay for that. And then if you if you do anything to take care of the fruit, so if you bring by pesticides, then you pay for that because you're taking care of the fruit. And that is again, there's no evidence to support that specifically that could be agreed upon between both parties. But the concept of moussaka of me owning land or someone owning

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land someone else working for them in that land to the fruit ripens that is not a problem. If they want to take a certain percentage of the fruit that's not a problem, okay.

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And a lot of it is now if you remember the first condition, I know Nina de la he knew it then you asked me based on money, you're taking money work with my money here is land I own land. And then you're working

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the defense in DC sorry,

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DOD VA and regular business loans

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and regular business loans

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their loans they're not investment This is not there's not a loan

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was not alone. You're not lending the person who's working for you money. He's working with your money when there's a profit you guys both take some of that profit with there's not a profit you use the capital to to close the deficit and you could do and can you working? It's not it has nothing to do with a loan a loan is totally different thing. I mean, you're not you're making money this guy's working with your money, you're making money off the fact that he's working with it, because a profit use the example in this, you know, that the usual hiring process as a tangent as, for her sake, and that would convey profits, he gave a certain percentage by the confusion. And yeah,

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so that's, yeah, so you're paying somebody to do business for you, and you're supposed

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to return back to money. The money is his, you're not take you to take them, it's not yours, you're just you're just working with it, you're using it. And if I own cattle, you're you're buying, you're selling your you're running this, but it's my money. If whatever profit you make, you take a certain percentage of that profit, I take a certain percentage of that profit, but that's still my money loaning is here's here's the money pay me back at a certain point, the same amount, but here you're making money, you're actually making it the person that's working for you is making you money based on working with it. So there have nothing to do with each other at all. And well thought of as

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actual it's a business agreements like a shady cast, like a company, but a different type of company. We're not equal partners in the company here, I own the money you're doing the work so you get a certain percentage of the profit and I get a certain percentage of the profits and then when there's a loss we close the deficit of the loss with the profit if there's a profit so you only make money when you're working if there's a profit if there's no profit don't make any money and you don't owe anyone anything. Okay, as a worker you owe you owe the person who owes you nothing, but just to work just work and do your best that is a loan the loan is a different concept. Oh no. All

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right. Well, cool Luma I'm gonna identify OB here we're gonna talk about Ijarah are renting goods or koloman kalinova ob Hema Buckeye any so what era to whom? And everything that is that is possible for you to benefit from itself from its existence. benefit from it without consuming it without consuming its essence my backhoe ie without actually losing what it is so hot era to who then it is permissible for you to rent

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To note as well, we talked about that similarly last time it either could do a demand for how to be a hottie Amrhein if we can estimate that is benefit is going to be in one of two things, be muda teen or Emmeline whether having it for a certain period of time you will benefit from it or you are using it mean working with it, you will benefit from it. So there has to be benefit either through time or through through work one of the one of two things you have to benefit from from from getting it and if there is benefit from taking something like that, whether through using it through time, or actually working with it, then you're allowed to, to rent it out

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for a certain period of time with local ha Jacobi De La Jolla, T IL and you started deal. And when you don't specify the rent is paid upfront, unless you specify that you want to beat your okay being paid the rent later on. That's, that's acceptable as well.

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So an example for that would be I had a car, I can do other Modaraba I get here I bring the car, you drive it, and then we cut the profit in half, maybe the car needs fixing, then you whatever the profit, you pay it from the profit, and then we cut it in whatever's left in half. So that's the way to do it. Or I this is my car, pay me rent, you can rent this car from me, like $1,000 a month, maybe whatever. And then you are responsible for the car and everything that happens to it. You just pay me $1,000 Whether you make a million dollars a month or you make you're in debt $500 Does it make a difference, you still pay me 1000 And you pay me that rent up front, unless we agree they're

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going to pay me at the end of the month, like a lot of people do. It's very, very common the Middle East where you you can you can rent a car from someone who owns a taxi, and just pay them their rent of that tax at the end of each month. Because that's when you make the money put all the money together, you pay them their rent, and whatever's left is yours. Well, that was easier. Well, that was less risk for the person who's working because they don't really owe anything, they're just working, whatever money is made made, they just take half of the or a certain percentage of the profit that is made. So there's a lot more risk on the person who's owning the vehicle, but it's

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more likely the person will work harder. Because the profit, the more the profit because they're less stressed out about when they can meet ends or the or they can't, what is it used to do the renting option? Yeah.

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What do you do here to fix the cars. So

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fixing the car would be whatever is agreed upon. So when we're renting out something is open. So the person who owns the car has to be can be liable, or you as the tenant or the person who's renting it can can be liable. Most likely, most likely the person who's renting it is liable for whatever needs fixing in the car, unless specified otherwise, unless we specify otherwise, we're not up to the genre to be no to huddling matar Kidane, and the renting does not end with the death of either parties. It'll continue what I want to do, because I feel I need to massage era. And the renting will end once the actual good that we rented out is ruined, or doesn't exist anymore. So if I rented

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a car from you, and then the car had an accident, it's no longer a car. So for that moment, every month, that is I don't pay rent for every rent for every month that goes by the renting. transaction is over. Now we move on to a different thing in terms of how we're going to fix the liability here who's going to be paid, who's going to be paid who's going to pay whom, but it's not we don't continue renting something after it doesn't exist anymore. It doesn't it's not there. So don't if it's stolen if the car is stolen, Ryan has proven that they came and stole it. I don't you don't keep on counting rent for me every month as it goes forward. We find a different way to fix this

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problem. I don't continue it's not rent anymore. When Obama and I gt Ilario do and the person who rented it does not is not liable. Let's see mystery set me let's see transgressors. I guess I guess this is to answer your question, but I think there's a cycle. It can be whatever you guys agree upon whatever you guys agree upon. Okay. That's regarding renting now. gyla to wages will Jah Allah Tujuh Is it permissible for you to hire someone to work for you based on a wage war on your study pa Feola dilla letter here you are one lumen faith Allah desta haka Lika labor Well Mr. Robot is where you for example to say I put a wage on someone who brings me back my last camel or finds me my last

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something whatever it is, or who can achieve this for me someone who can build a wall for me I will pay him this amount of money so someone does it then you will either Radev is returned or that request is fulfilled stock identical should they take whatever the amount of money has been put for that for that action, which is basically just wages or hiring someone to do something for you? But after that is called them with Zara. We're gonna have to see the difference in moussaka and was another very different Yes.

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Yeah, no how when a bank makes a loan after principal plus interest

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the person who supplies the money

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plus whatever profit

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percentage of their profits, no, this is this is a contract that is either initiated or ended. So the contract is I'm going to provide you with the principle, you're going to work with it, you're gonna Jonnie do

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business with it, or whatever you want to do with it. And I will take this much amount of percentage of whatever profit that we make, and you are liable to use a profit to close any knee, if you if you're going to hire a few people, you'll pay them from the profit. And then this is a big business, right? And when I want my money back, I end the contract to end the contract between you, between you and I, or I just say that this, I don't want to do this anymore. And then everything is calculated and my principal is given back to me or if if the principal is still there, because it may not all be there, I may, you may start working for me. And then you don't make money for the

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first couple of months. And there's no profits, there's actually usage of the money and is lost, right? So you may not get all your principal back. So it's not the same. Loans are very different. The word loan when you say the word loan, it changes everything. Loan is I have no I don't care what you're doing, here's the money and just get pay me back later on. Madonna has no I know what you do. I know what you're doing. I know that you're working, I'm giving you a permission to actually be a businessman using my money. And I'm benefiting from profit, not from principle from profit, I'm making money. And sometimes I'm losing money because it's not working out. So they're very different

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from a loan a loan, doesn't follow any of those rules at all. Okay,

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Zara, which is a different bit different than moussaka, which is sharecropping, as far as I found out in terms of translation, he's definitely logical and orderly as if someone gives land to someone else to plant meaning this is an empty land. The first difference is, this land here has trees in it. Right? This land here has trees.

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Here's empty land.

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So here I gave him land to work in. But as trees, there's actually something there. Here again, mentleman until I say,

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you can do something with it, plant wheat or plant anything, anything you want. Well shout out Allah who use an maloom and Mariah, let me choose. And then he gave, I told you,

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or the person who gave me the last said, I'll give you a certain percentage from whatever you make off this land. Like, I'll give you half of the crops, like you go, here's my land is empty, work planted irrigated with wheat, and I'll give you half the wheat. In this opinion, here, lemon juice is not permissible. Now, remember, never we email it. No, he said it was so when you can when you continue reading, when you look at Melania dodge, should it be any actually points out? And you know, I know you said that that is permissible. So

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so both of them are okay. But this is an earlier opinion. Now, why wasn't it? Why was it not? Okay, for some of them? I think it's important that we talked about why they said that that wasn't okay. What can you see difference here, between the first one which is here's a land, irrigate, take care of it, and then take half, maybe half the half the fruit, and here here's a piece of land planted irrigated, but I can't give you just have whatever we make I have to actually give you because if you finish continue or can use and since we're in Accra, who have either had been Oh, Field button, Oh, shut up Allah Who bomb and maloom and feeding Metohija has, but if I tell you to do this, take

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up a piece of land planted, irrigated, give me the crops and I'll pay you money, or I'll give you a certain amount of food in

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return, and that's okay. So why did why do you think there's a difference? Why do you think that some of them said this is okay. And some some of them said that this is this is not why?

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Maybe because there's the chance with the sharecropping that you might get absolutely nothing Exactly. Because there's, there's more goop in here, there's more ambiguity in terms of what of the of the result here the trees are there, there's less ambiguity, meaning it's clear, there's the trees, I've been there for a long time they've been giving food for years, there's a very low, low possibility that this gives nothing this year.

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However, here is very easy, because you're planting an empty Atlantic, there is a higher possibility that this person so you can see, it's all based on risk. The person who has less money shouldn't carry a lot of risk. Islamically This is one of the one of the big, you know, in big light banners in terms of rules within Islamic financial law is the person who has nothing person who was should not carry an unreasonable amount of risk. Okay, so So the difference is that the level of ambiguity and risk here is much higher. And that's why then was outlined that's why they called it haram but the thing is, that when they looked at it, they found that not to be necessarily true for a number

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of reasons. First of all, the person who works who does this, who does

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sharecropping who works it takes a land that's empty and and works and it is usually professional. In terms of agriculture, he's a farmer, so the risk isn't actually that high. That's number one. The second reason is the person who owns the land may not actually have any assets anyway, so for him to carry the risk of everything is not fair. What happens if he all he owns this piece of land he

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tells you okay work and I'll give you I'll give you this amount of money, and then nothing comes out and he doesn't have that money to pay you. So they look at it from within a couple of different, definitely let me know he himself doesn't see it to be problematic. And I agree with that to be an issue. So but by what I'm trying to draw your attention to why it is that certain things are seen impermissible and some of them are seen permissible. There's logic in the minds of the IMA when they're writing this stuff to think because that's the Islamic Islamic law is that if you have money, you should be carrying a bit more risk than someone who doesn't, because you can afford it

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and the other person can't. Because when we look at from a social perspective and Islamic perspective, we are not trying to rip other people off and make more money and they make less we're trying to make sure that everyone's making money. If I have more money than hopefully I'll make a bit more money, that's okay, you can be richer than others, it's not a problem. But for you to play it for it to be rigged in a certain way where if you have money, then you're always going to have less risk. So you're always guaranteed to make more and other than to make less. That's actually that's a financial system that doesn't make any sense to begin with. So I'm just trying to show you

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why it is that they saw moussaka to be acceptable and then they differed on was Ara is just a simple a simple, any point that made them treated differently, even though there's not much there may be some, some evidence to support it with the prophets of Allah Selim said, but it's not clear. What we believe is that that he used the same logic, when he had the same logic himself on a saw to Islam. He was looking out for the best interest of those who actually who didn't, who didn't have much and for them not to carry too much risk. Okay. Okay. So so the difference is that the level of ambiguity and risk here is much higher. And that's why they then moussaka that's why they called it haram. But

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the thing is, that when they looked at it, they found that not to be necessarily true, for a number of reasons. First of all, the person who works who does this, who does

00:26:52--> 00:27:25

sharecropping who works, it takes a land that's empty and and works, and it is usually professional. In terms of agriculture, he's a farmer. So the risk isn't actually that high. That's number one. The second reason is the person who owns the land may not actually have any assets anyway. So for him to carry the risk of everything is not fair. What happens if he all he owns this piece of land, he tells you, okay, work, and I'll give you, I'll give you this amount of money, and then nothing comes out, and he doesn't have that money to pay you. So they look at it from a couple of different, definitely let me know he himself doesn't see it to be problematic. And I agree with that to be not

00:27:25--> 00:28:00

an issue. So but by what I'm trying to draw your attention to why it is that certain things are seen impermissible and some of them are seen permissible. There's logic in the minds of the IMA when they're writing this stuff, to think because that's the Islamic Islamic law is that if you have money, you should be carrying a bit more risk than someone who doesn't, because you can afford it and the other person can't. Because when we look at from a social perspective and slang perspective, we are not trying to rip other people off and make more money, and they make less we're trying to make sure that everyone's making money, if I have more money than hopefully I'll make a bit more

00:28:00--> 00:28:36

money, that's okay, you can be richer than others, it's not a problem. But for you to play it for it to be rigged in a certain way where if you have money, then you're always gonna have less risk. So you're always guaranteed to make more and other than to make less. That's actually that's a financial system that doesn't make any sense to begin with. So I'm just trying to show you why it is that they saw Mustafa to be acceptable. And then they differed on was Ara is just a simple a simple, any point that made them treated differently, even though there's not much there may be some, some evidence to support it with the prophets of Allah Selim said, but it's not clear. What we believe is

00:28:36--> 00:28:52

that he used the same logic and he had the same logic himself on a saw to Islam, he was looking out for the best interest of those who actually who didn't, who didn't have much and for them not to carry too much risk, okay, if two people are going into an interact interaction, any any business interaction, anything at all, loan,

00:28:53--> 00:29:29

company, partnership, employment, the person who has more money should not have a contract that gives him the least amount of risk. And the and the one who doesn't have money carry them the highest amount of risk, it should be that there's equal, proportionate sharing of risk in any transaction that is proportionate to how much money you actually have. If you're wealthy, then you can afford to carry more risk than the person in front of you and show that everyone makes money here, but there should be a proportionate sharing of the amount of risk. And that's all we're talking about. If you don't have any money, you want to work. You can work on set ways on unset,

00:29:29--> 00:29:59

where you will do work with whatever you can, but we're what they're trying to they're trying to put together a certain certain types of work that would make sure that will ensure the person who has less money not to be carrying excessive amounts of risk. Why? What does that lead to long term we don't understand because we because we're living in such a different historical time like this is so different than everything that the human race has ever seen in the past night and funny to be honest, it's hard to draw analogies, but excessive amounts of risk leads to poor populations to become poor, and become more adept at

00:30:00--> 00:30:02

In poor population, the more debt they walk into

00:30:03--> 00:30:44

the higher of possibility of them becoming enslaved exists. What's the end? What's the what's the end point of debt? Slavery. I know it sounds horrible to say that but that is the end point of debt in almost every society the human race has known. So if you continue to put people who have nothing in higher in high risk interactions, then you are actually rigging the system to make sure that more and more of them end up enslaved if not physically enslaved, and financially or, or mentally financially any other form of enslavement so the Islamic financial system works in a way where the more you have more money okay, then you have more responsibility to carry carry more risk, because

00:30:44--> 00:31:19

you're wealthy you can afford it the less of it I'll give you didn't give others you'll still make money you just won't make as much when you compared to the capital capitalism that says that we're basically it's the law of the jungle in terms of money, everyone takes care of themselves, you have money, then you have to make more and just go go crazy about it and you're not obligated to do anything. They just inserted taxes that didn't really help much taxes didn't do anything. Taxation didn't fix the actual problem within the financial system. Anyways, let's move on to reviving land we're going to figure out how to finish this chapter today are us. Yeah, and yeah, I don't know what

00:31:19--> 00:31:56

to do. We have to finish this chapter today. So we're here on melotti J is on Beshara plane Fuji revive abandoned land, right to revive abandoned land is permissible with two conditions the first condition and your Kunal McGee Muslim and the person who was doing it had to be a Muslim while because that was the law of the time. So the law that existed at the time within the Islamic law, but this was written again this text was written before fourth Islamic century, they conditioned, reviving lanc to be something that Muslims do because I live them the non Muslims they were taking care of from beta million Muslims in anyway meaning the common Muslim fun took care of people like

00:31:56--> 00:32:34

that they didn't then gave them places to live, so they didn't have to go and do that. And it was it and this was left for the majority for the Muslim majority to take to was their responsibility to do so. I mean, this is not a Kitab and Sunnah ruling this is just a ruling that the law that existed at the time when Hakuna Matata and the land itself has to be a free land it cannot be owned by anyone Muslim or non Muslim it cannot be owned that may God Allah milk only Muslim. It has never been owned by a Muslim in the past, we'll see but we are here in America and the team are attending and reviving has to be what is the what is normally known to people as reviving land and how do people

00:32:35--> 00:32:54

define reviving land then whatever this person did there has to follow and fall under that under that definition, meaning every state or every county has the ability to define reviving abandoned land on their own terms regarding based on whatever the norm of the culture at the time dictates. Okay, we Ijebu bedroom II.

00:32:56--> 00:33:14

With Assa t shirt, we're gonna start Okay, we will talk about this, I didn't really give this a heading. This is basically water rights. So are their water rights and Islam. So this fall under this its own little heading. So water rights is interesting, because there's actually evidence to support this

00:33:19--> 00:33:37

so water rights exist. So you are obligated to give water under three conditions number one, and you have Laura and her Jetty he won on Hagerty for it to be more than what you your family and your animals needs. So if you own a farm and you have a well

00:33:39--> 00:34:13

and someone comes and says I want to drink water, I want some water you are obligated to give this water in three conditions First of all that in that world is enough water for you and your family and your and your animals if no if you like this well barely gives me enough water and my family then you don't have to give you're not obligated but if there is more than what you your family and whatever animals that you own, then you that's the first condition the second condition when you get a healer you know who enough cod behemoth D, and for the person who's asking for this water should be asked to be asking for himself or his animal. Meaning a living spirit needs to drink right? So

00:34:13--> 00:34:25

somebody out there himself he's a drink, his family has a drink, or his animal is thirsty needs to drink. So it can't be for other usages. I want to wash my car. So I want water. No, it has to be something it has to be for drinking purposes.

00:34:26--> 00:35:00

Crops No. Number three, when you're cornered him you stuck a little bit in a lane. It has to exist within a spring or a well it has to be in its original place. It can't be water that's in a container if you took water out of a will put it into a jug and now it's in your home. You don't have to give that water to anyone, no matter what the what they do. But if it's in a well or a spring, wherever, wherever it's natural places. These are the conditions not to be there. That you have to have more than what you need in terms of drinking and the person has to be asking for themselves to drink. If that is the case, then you are obligated Islamic

00:35:00--> 00:35:14

cleat to give water, you cannot withhold it legally, you would be held accountable. People went to jail in Islamic states for this. And this was more is more common than you think. Because back then, if you're walking in the desert or you're in the

00:35:16--> 00:35:54

sub Saharan lands, and you're thirsty, you come by someone who has a well, but he doesn't want to give, or you only do it for money, then you could easily, you know, die of thirst and the waters right there. And that is unacceptable. Islamically so there are rulings that Muslims came up with that were specified for human rights or rights that shouldn't be denied. Other people and example were water rights. Okay, now we're gonna move on to something called Walk through MCFAs endowment. Yes. Yes. Include door just there's no just just so not will do not. For crops, nothing is for you to drink your family or if you have an animal with you that it wants to drink. That's it. Okay.

00:35:54--> 00:36:27

We'll walk through je Zubieta t shirt and there are three conditions for work for making something rough to be permissible. Now what? I didn't even know what endowment means. I don't either I I looked it up yesterday. I have no idea what endowment means I just don't work face I'll tell you what wealth is I have no idea what endowment means but that is apparently the translation. But what is this message here is supposed to be worked, meaning something made for the sake of Allah subhanaw taala offered to all Muslims, and no one's allowed to claim ownership on any part of the institution, which actually doesn't really happen to massage it rarely happens in massage not here

00:36:27--> 00:36:52

anywhere on the earth. All you have to do is push the wrong buttons to the person who built it. Just push the button and then they'll come out and say well I built this way well who cares? It's well this is for Muslims you owe nothing here you own nothing. But I built every brick I know it doesn't matter. I spent all the money who cares? This rock is for this for Allah subhanaw taala you don't get an extra see what happens in this message because you built it or because your ancestors did

00:36:54--> 00:37:28

keep it in Yeah, that's problematic again for you to have a message in your name is very problematic actually, it's almost there's a lot of Islamic there's a lot of scholarly debate on that whether it's permissible actually to go pray in a message that is owned by individuals is there's actually a debate on that regarding especially if the land you're in premisses the concept of endowment or concept of wealth wealth is permissible if you're allowed to make something work and there is no transgressions or persecutions that could happen upon that land it can't be later on taken by government or something because some countries have these type of rulings where they can come just

00:37:28--> 00:38:03

and seize the land if it's wrong and that could probably end up ruining the place itself so those issues those exceptions aren't there then you can build a messenger and then it's why I own the place if you own it's called the masala people have these things in their homes you have a small masala you know the masala is not well you can make as well masala probably some people can come and just walk in well this is masala when I know there's my house How do you get out go pray in the masjid as well. So, almost Salah if you make if you if you make it on your own land and you own it then you just happen to have a huge masala is your masala but that has to be made, it has to be made

00:38:03--> 00:38:04


00:38:05--> 00:38:40

very clear has to be something that is public that this is not a masjid as rock visible Salah owned by Fuller. Now this messy for example is worth this is not owned by people. If there is ownership on it is just because of the fact that endowments are hard here in this country. I don't know the details. I know that there's something like that. But it's but it is for the sake of Allah subhanaw taala on with somebody using the sun as a mission on a regular basis. For example, somebody just makes this part of their house in the summer. And then they're like people can come every day. Yeah, but it is with his permission. Right. And so having a job out there is not proper, because your mind

00:38:40--> 00:39:11

needs the place that you have the domain to be work for to be heard. It has to be something open. If you're on travel, you don't do drama, because there's not a specific view. So there are a lot of there's a there's a highly debated issue among scholars, because it's not clear in terms because because there are a lot of once you own it, then you get to dictate who says what here, because it's yours. And that's problematic. That's not how it works. I can own this place. So who gets on the number is the person who I choose and will say what I want to say that's not how it works. It has to be the person who is there as the most knowledgeable, and you'll see what is whether he agrees with

00:39:11--> 00:39:42

you as a person who owns it or doesn't. So that's where, you know, you start controlling religion, which is not okay. Does it make sense? Like, that's why they have like a committee like before? Exactly. Yeah, because the place is not owned by someone. So the committee kind of speaks on the behalf of the community. So it is a problematic issue. I'm not saying I'm not giving a ruling on this training, I'm just saying that was important. And the concept of that's why I wanted to get that introduction before we actually read the the text regarding what what what Bucha isn't be theoretically shut out. There are three conditions for work to be permissible number one, and the

00:39:42--> 00:39:54

Accord I'm in my own differ will be email but by any he has to be something that you can benefit from without consuming it. So we've come up at least three or four times so far in this in this chapter. Something you have to benefit from but you don't consume you can't say this apple as well.

00:39:56--> 00:40:00

Because when you use this apple after you're finished using the Apple, there's no Apple

00:40:00--> 00:40:35

Left can't be worth the sadhaka or hubba. You give it as charity or you give it so we can call it walk. Walk has to be something that you can use, but does not get consumed when it's used. Right like a car for example, he will say this car is what FISA beat is used, it's not consumed when it's used. It can be fixed when if it's if it's there's damages, but it's not consumed. So foods, for example, cannot be considered work that can be put out sadhaka or HIPAA or gift or something like that. So that's an example just to kind of keep that clear when you're gonna sling Michael Jordan with Farah and lion copper, meaning the work has to be offered to a group or just to individuals or

00:40:35--> 00:40:39

to or to a party or a body that is identified it exists.

00:40:41--> 00:40:51

Right? And well, father in law, unclutter, and then after this body doesn't exist anymore, there has to be inheritance or those who will be able to use it in the future. So example, I bring in

00:40:53--> 00:40:54

I say that this well is work.

00:40:55--> 00:40:58

It's work for all blue haired people.

00:41:00--> 00:41:14

Right, it's work for blue haired people. There's no There's no people like that. Oh, maybe there are a few but just to see understand my point, you say I need the oil. See, I walk for Martians, yeah, they don't exist, or it's work for this family.

00:41:16--> 00:41:51

It could be it could be for this it could be work for this family. But if this family continues to have children and they continue to be people to consider use it in the future, so there has to be future, you know, future people who can benefit from whatever it is that you put as well. So it can be through all it can be for for specific people as well doesn't have to be for all it can be for specific as well. We work for animals, but the animal has to exist in the area for it to actually work for that animal. So if you want to this well is for cows if cattle exist and that's okay, if there's no cows in this area, then you have to find something that actually works, which is also

00:41:51--> 00:41:55

just a matter of common sense really, the third condition

00:41:56--> 00:42:00

I like to call them FEMA have or and it can't be something that's haram

00:42:02--> 00:42:05

Does that make sense? You can't make any brewery

00:42:07--> 00:42:37

that makes a cat you can make a brothel This is what anyone can come here and join is haram. So this can be getting camping. That makes sense so as to be something that's Halal can be something haram. Obviously, this is just common sense. But the idea here is that has to be something that is not consumed, when used has to be directed towards people who exist or a body that can actually use it continuously. And it can be something that's haram. And then you can do anything wrong, you can make your school rock you can make, again, you could bring a car and say this is what

00:42:38--> 00:43:08

I actually nice idea, I brought that up a few years ago, if you have a car and you don't want to use it, and it works well. You don't want to sell it to bring it and put it work for the message. And the messenger could use it later on they can do you can use it for you know for a benefit or for benefit. So you can it doesn't work doesn't that because when you hear the word work, we think either the most half, right, or on itself or the message itself. And that's fine. Obviously, there's gonna be well, of course their work their massage and massage. But you can make anything that is not consumed when used rock. So you can think of anything that you can bring in a printer and put it in

00:43:08--> 00:43:16

a window. This is what this is for you. So you can think of something like that. And always do like because you've always almost made that camera off, you think you've already made it work for

00:43:17--> 00:43:50

almost mark, based on usage, you always almost make it work. But the idea is that you're bringing in things and using it for if you say that's not consumed by usage, and this is feasibly the law has been put, you can think of a lot of things that you could use and make them and turn them into something that is what doesn't have to be just massage and massage. And this is something I understand working for like laws in schools and names that are shared. But why is specified only a certain family like it just seems you can be private property like yeah, no, because it's yours because it was used to be yours. And it's not theirs, they can just use it just they don't own it.

00:43:50--> 00:44:24

There's difference here because they can't sell it at any point, right. So if I make this car walk for, you know, hammer family, right, so they can use it, but they don't own it, they can't sell it. And this is based on the conditions put by the person who was in dallying or the person who was performing the endowment or performing the work, feat academe Otaki to say that this person can benefit it before this person I can say to this wealth for the people of this halacha. The first if philos and the use of one at the same time use of gets the first few hours to get this thing I can do that it's up to me. Well, to sweeten out of lead, I can say 70% for his family and only 30% for

00:44:24--> 00:44:59

your family that's up to me. It's what I am putting something for others to benefit from. It's up to me, I can do it in any way I want to I want the full ledger. I do it. Because sometimes these things are Yeah, they become like the message ID. You can't really do that because it's just a space to pray. But what happens when we're a car? If it were a car, they brought the car to the masjid? I say, well, well who gets to use it if two people come in asking for it at the same time who uses it? Right? So it's okay for the person to work if to say I would like it to be used for this. More than that I want to be used for the school before the Quran. halacha for example, is I'm allowed to do

00:44:59--> 00:45:00

that as

00:45:00--> 00:45:30

Welcome for someone who has put putting this as well, that makes sense. So there are, there are situations where putting something like that is permissible. And maybe someone saw a family that is poor and say I want to make this work for you. He's not giving them the well he's it is well for you. Because they give it to you, maybe the head of this family is an idiot. And he goes, and he sells it. And now the PNP spends it on the idea of money. If he Gamble's the money away, now they don't have the wealth anymore. So he wants them to benefit from him, but doesn't want them to own it. It's actually actually this actually works really, really well. If you understand the concept of

00:45:30--> 00:45:58

wealth, it really does work around the world, you can actually really benefit from it. Just giving someone something to use. It's not yours, you don't own it, no one owns it, you can use it. Here's your priority list of using it. You do it at your home all the time with your kids, it's yours. You've made this work for you because you've never touched it. You've never touched this game ever in your life who never will. But it's rock for your kids. And you always the younger one gets priority and use it and then the older. So you do something like that. And they actually work. Yeah, go ahead. Is it revocable? No, it's not revocable? Yeah, there are some scholars who say that you

00:45:58--> 00:46:28

can revoke it for but the vast majority, and I'm on their side here that you cannot revoke walk. Yeah. Because like what have you you give a well to a family? And then you find, I don't know, for whatever reason, you don't see that they're using it for like, I don't know, like, I guess the public interest? Yeah, we thought that they were going to be more charitable and more. That was your fault. You shouldn't you shouldn't assume things. If you're giving something work for someone you're getting to get to them, you're not giving it to them to give others you're giving it to them to use themselves not to give others if you have if you want to give it to others, and you should have made

00:46:28--> 00:46:37

it work for everyone. They should have made it work for everyone while you make it work for the family so that they could get no, that doesn't make any sense. You give it work for everyone. I mean, you will make it an endowment for all

00:46:40--> 00:46:40


00:46:41--> 00:46:42

keep you topped up behind.

00:46:49--> 00:46:49


00:46:54--> 00:46:55

so so.

00:46:58--> 00:47:36

Yeah. So yeah, it's not very hard about reviving land is based on where you are. Sometimes there are lands that can be revived. And sometimes you know, places where there is no land to revive. And also this is not applicable. But if there is every country that has abandoned land that does not use they have a reviving land clauses of their lives, in terms of wealth. Even in Syria, you could do this, not everything was locked off only takes care of rock that is awesome. That is public for everyone like wells that are given to you to open to all people to use or massage it. But you can make work that is more like I said, specified this work was for this for this village, for example, I made

00:47:36--> 00:47:58

this, this will work for the village. So they will not log off would not be involved in that it will be a committee within the village itself, that would take care of it because it's not owned by anyone. So you can do it back home as well. And we would not have to be involved in every step of the way, as long as the wealth was not made for everyone is specified for certain people to use. So there are laws that will help that Yes. Can you assign like

00:48:00--> 00:48:35

a contract? Temporary time? No. So so that doesn't work? For the vast majority of scholars? It's not based on time once you put something up it says what? to milk the hammer. Right? Unless unless the people who benefit from it don't exist anymore. That's why he said it has to be for those who exist people exist, and later on their descendants will exist to benefit from it. Because once it doesn't, it is seized by mathematical Muslimeen essays by the government at that point, even even if the people benefit from it don't exist anymore. For the vast majority of scholars. The government takes it you don't for the vast majority of scholars, but there are some who are okay with wealth being

00:48:35--> 00:48:45

timed. I don't I don't agree with it. I think it should be. Yeah, I don't think it's called walk anymore. I think it'll give me given a different name. And if you're gonna time it.

00:48:46--> 00:48:50

Yes, of course. So if you can't like bring that printer for the message, yeah. Oh, yeah.

00:48:51--> 00:48:57

Yeah, that's fine. You got it was just not called walk anymore. It's not called walk anymore. It's just called the lone

00:48:59--> 00:49:28

era, where we call our last time. I don't like these words in English, I can never seem to get them yada to to lend someone something is lending someone things. So yeah, we just lend them to do something and they take it back. Welcome is no, this is fi subete Illa for these group of people for this one, and I don't touch this ever again. And if it ever does, it's not used anymore. The government go ahead and do what it was with it and give it but it'll continue to be well, the government can't take it for itself, it will continue to use it as well. But based on their own understandings of how they're going to use it mean the legal system will come in okay.

00:49:29--> 00:49:46

Yes. Like what would be the point of like so for example, like you have a car and you want to get into the family, as you can determine what would be the difference is like they can sell it, that's the difference. Like what is like the difference between that and like a gift. They can sell a difference gift, it's theirs, they can do whatever they want.

00:49:47--> 00:50:00

The only thing that makes a big deal, they don't have ownership on it's not theirs, they can do whatever they want, they can use it and that's very helpful in a lot of different situations. Work is really a big deal. And if you if you look at it

00:50:00--> 00:50:03

In a social and specific social Jonnie

00:50:04--> 00:50:09

settings, work can be extremely helpful as a concept. Yeah, you make money.

00:50:15--> 00:50:16

Yeah, so.

00:50:18--> 00:50:27

So that becomes, this becomes a bit more delicate at that point. I mean, for scholars, it becomes more of a, there's more questions to be asked. So, so what? How much? And what is the money to be used for?

00:50:29--> 00:51:05

That make sense? Like, what is that money going to be used for later? If it's used for the, for the service of the waqfs itself, then yeah, but if it's used for anything else, like if you're making any money off of it, any amount of even if one penny goes into your pocket is no longer worth it. That's how long so if I put the car and they say, an order of uses cars, well, you have to pay $10 Every time that $10 gonna be taken and used for maintenance of the car itself, or to buy another car to be made? Well, that's okay. Because it's perpetuating in terms of luck. But if I'm making it even the smallest amount, then that's not okay. But I'm not gonna say this. Well, this car has worked for

00:51:05--> 00:51:21

the Masjid. So the masjid can put a rent on it and then take that money and use it for Masjid things. Like for things that help them rescued itself? It can't be something that a certain individual makes money off, because no longer wealth anymore. Maybe But yeah, you could you could put money attached to but it has to be but this is more this more delicate at that point.

00:51:22--> 00:51:27

Like you said, there's 1000 bars, or scholarships.

00:51:31--> 00:51:36

That's there. River, isn't it? I don't know. Like payback fully. Yeah.

00:51:37--> 00:51:48

Okay. Yeah, that's fine. Oh, yeah. I understand. Yeah. So so if you if I put like $10,000 worth, and then people use that to later on for different things. Yeah.

00:51:49--> 00:52:14

Yes, borrowing money, but that money, that money will never be used for anything but loaning out to others. And you could use that, yeah, they can do that fine. It should be based on the unfilled bar or the hub GPS on gold, because it holds us value on cash would be more problematic. But on gold to be mean, there'll be 10 like a cute three kilos of gold. And these are there for people to borrow. And again, just to pay back to the machine, that's that's fine as well. That's very doable. They do that a lot. By the way, when you go to other countries.

00:52:18--> 00:52:52

What is that you can use? You get the money for some time and then return it after using your it's a loan it it's just a loan where the money that you took was a you is there only for that purpose, it was worth putting put for that purpose. There are some scholars who differ on that because that money being there all the time will lose value, and it won't go back but but for the majority of scholars are okay with it, because it serves a purpose in societies that need need Islamic loans that they find no other way to do it. So it is acceptable for most of them. Yes. Um, so like, so the example you gave, like the masjid, like,

00:52:53--> 00:52:55

money, and then budget purposes,

00:52:56--> 00:53:07

like say, like, like, like, I don't want to put up the money, right? Or whatever you choose like that. We want to give a little bit back because he did so much, or you don't know that money or no, no,

00:53:08--> 00:53:26

that's that's a, that's a, there's a door for a lot of problems. The only problem just to get back to that point is that when you grew up, you can't consume it when you use it. That makes sense. So that's where the problem with that kind of comes in. But it's still the concept is successful. And most scholars okay with it, I know because they've done it in cerium multiple times before where big

00:53:27--> 00:53:57

businessman would come in and put in a certain amount of money and say this is what just for people to take loans and pay it back and just keep on using it that's acceptable. It's not it's not a not a problem. As long as the the amount of the money is based on something that is a bit more stable in terms of value, like gold will love data item, but it is it is a big deal. The concept of wealth is understood, it can do a lot for any for any given society. Okay, now talking about the last thing I have here are called Luma Jazza by Rahu jazzy, but to who everything will sell, you can give us a gift. Everything that falls under the conditions of you can sell it but you're allowed allowed to

00:53:57--> 00:54:34

sell it like it's something that has value to be sold, then you can give it as a gift. Well, I tell them all Heba to Illa Illa will probably and the gift only becomes final after the person who took the gift has it now. So if I want to give him this gift, as long as in my hand, I can go back. Once it's in your hand, as it gets, I cannot take it back. I can't revoke this anymore with a couple who who Buddha who lent me a little while he be angiology IV in your corner where I didn't. And then once you once you take the gift, the person who gifted it to you cannot come and ask about ask it back. I can ask about going to ask for it to be given back to me. Unless I'm your father. Only

00:54:34--> 00:54:36

fathers can revoke gifts to their children.

00:54:37--> 00:54:48

So if he gives you a gift he can come one day just take it away from you. So just be careful when it comes to that. The prophets are sending a whole body throw Tiller with him and I Doofy he but he can add fee.

00:54:50--> 00:54:59

K will be at zero to v the person who takes his gift back and is like a dog who vomits and then eats his vomit again. Well, yeah the biller so don't never get taken aback a gift and

00:55:00--> 00:55:33

Whereas this important this is important in issues and we'll come to that very soon issues of marriage issues of hope when you are engaged and you give your fiancee gifts and now the engagement is over now you want all those gifts back can you get these gifts back or can you not get these gifts back so they differ on that scholars some of them say that you most of them so you don't get any of it back some of them say you get back whatever is jewelry or cash you can get that back but when it comes to clothing and food and stuff like that you can't get it back. So there are different opinions on here because when you give a gift unless you've given the gift that's your choice yeah

00:55:33--> 00:55:41

you send a father over his child's there's something there's a rational argument there's actually a hadith I think it's I'm not sure where it is though.

00:55:43--> 00:55:47

There is a Hadith of the Prophet sallallaahu Selim says something regarding regard regarding fathers.

00:55:49--> 00:56:21

I don't know the second thing is if you give somebody a gift for whatever reason they say you know what, it's okay I have a bag there's no issue as long as you didn't ask them for it. They just want to give it back to you they can give it didn't give it back to you by me you can't you can't claim the gift as yours once you give it the person has it is given to them the father there's a hadith 1111 Let's see my Yachty well it hooks up the father when he will regarding whatever he gives his kid I don't know where I can't remember where that where the hadith is but it's there so you can look it up you'll find it inshallah. Okay, well, you the Armada sheet and our cover who can a little

00:56:21--> 00:56:50

more muddy Oh, little more Cubby? Well, yeah, that the human body here. So if you give something to someone to build or to work on, like gay for or for life, he says this is yours for as long as you live or for as long as I live again, amongst gifts, then it will stay for the person who gave it to and for his descendants. After he dies or those who inherit him after he dies. If I give you something here, you own this as your you This is yours for as long as as we both live. So if you pass away, it stays with your kids.

00:56:51--> 00:57:15

It stays with your kids so so it's not it's not brought back to me if if you pass away, that's just in terms of terms that certain people would say at the time what it meant because if I give you a gift and say it's for you for as long as we live for as long as you live, if you die it doesn't come back to me stays for your for your descendants after you Okay, after that. I want to I want to talk about what I think how much more is there? Yeah, there's literally just three or four is be patient with me I want to finish the thing today.

00:57:17--> 00:57:26

Well, there's only a few more words left will this finish it and that way we'll be done this chapter we can move on to something new, because it's getting boring. Okay, so now we're going to start with something called a lotta or lost items

00:57:28--> 00:57:29

so last items

00:57:32--> 00:57:36

a lot after that we're going to do something called

00:57:40--> 00:57:46

yes or deposits for safekeeping ready Ah, that's it. There's two more things

00:57:51--> 00:57:53

for safekeeping

00:57:55--> 00:58:02

Okay, so let's start look was a bit long, but it's not very difficult. Well, why did the Lakota and female Latino tripping fellow who

00:58:04--> 00:58:38

live in Turkey here in Canada to cotton mill pa maybe if you find a lost item in an abandoned road or abandoned place or path, you then you can either take it or leave it and taking it is more encouraged? If you feel that you're someone who is capable of being trustworthy with it meaning you will do the you will do it you will be very lawful and righteous towards how are you going to deal with it? Because there's certain things you have to do once you find something last item in a place where no one's claiming it or there's no one there to to ask Is this yours? Is this yours? The same thing would apply in the middle of a metropolitan or downtown or a place where people are just a

00:58:38--> 00:58:40

robot with people walking back and forth and just sitting there

00:58:41--> 00:59:15

while you watch it and yeah, if I sit at a share if you take it then you have to identify six things regarding it. First one, we you have to identify its exterior you have to be able to describe it from an exterior view. When you look at it. Well you first saw her its cover where we cut it stitching with Jigsaw, it's tape well I didn't have the number if there's a quantity it was nine and sweet. So what he's saying here because all these things are important is that you you make sure you have a very clear description of what it is. So if you take something you find something last item that you have to write a very clear detailed description of what it is that you wrote what you

00:59:15--> 00:59:36

found, because later on you're gonna be required to talk about it when someone comes out well yeah, that's mine. You have to ask all the right questions is actually his or it's not so you have to have a very clear description of what is your fault now we follow half he hid his hemophilia and you have to take care if you have to hide it, put it away in a place where something like that would be hidden like where you find a car you can hide it

00:59:39--> 01:00:00

put it in a driveway you can just put it on any random street you have to actually take care of it put it in a wait place where usually cars are put away. So here's it missing is the place that something like it would be saved. Something like it would be put away or or secured. So if you find gold, you don't secure it by hanging it from Yani the doorknob.

01:00:00--> 01:00:30

you secure it inside a closed room and in a drawer. So here's the myth it is an important word, we're gonna come back to it very very soon. It's a very important word they understand head isn't a myth. Don't make that out all the time I look at her. Now if you want to own it, you want to use it for yourself. So you found it, you have description of it, you hide it, you wait for people to ask for it, but now you want to actually use it, you want to own it, because no one's asking about it you don't think the person who lost is ever going to ask for it? So you want to own it then you have to do a number of things. So I look at Rafa Rafa Sena you have to talk about it for a year have to

01:00:30--> 01:00:34

publicly show put signs and people for a year you have to

01:00:37--> 01:01:13

deal with an older lady with her fee, he you have to put it on the doors of massage where people come more often and in the place that it was found. So you have to take a sign for example, and put it up in the masjid and assign put it up where you found it and make sure that the sign is there for a year. If so, if someone who came by that sees the sign can come and ask for it if you want to own this thing. For LM Yejin Sahiba Canada who only attend Malacca be shuttle to Bowman if you don't find after you're no one comes in claims it then you can own it with the guarantee with the condition of guaranteeing it. Meaning that you found a car. Okay, you're not gonna find a car.

01:01:14--> 01:01:15

Okay, that's fine. Find a car?

01:01:16--> 01:01:25

Yeah, find the amount of money we found most of the week, could you find that you could use a bike ride a bike, find a bike. So you did that for a year you put

01:01:26--> 01:02:00

signs in some of them say six months, okay with that. So the number actually debatable, but that's okay, you put up you explained that as and then no one comes in claims it after a year, you can use it but you are still liable if the person who owns it comes and asks for it. Like if someone comes in and there's like a pin number on that bike, and he shows you a receipt of buying that in the during the time that around the time where you found it, then you have to give the right back and you're you're liable for any damages on the bike. So if you're not willing to do that, and like I don't want to pay for this bike at some point or be asked to replace it, then don't own it, just

01:02:00--> 01:02:28

have it put away after a while you can actually give it to the government that will do the same thing for you. So you don't have to keep that and find storage for it. I could give it away. But if you want to use it, then you have to remind yourself that you're still valuable and you have to guarantee if someone comes later on ask for it. We'll look about it although there are four conditions. Let me just talk about the four types and this may answer your question. I do have my other car let me come home. The first type of lock was something that last item that stays the way it is all the time and this is regarding that like a bike just stays a bike never goes away. Number

01:02:28--> 01:02:34

two with Fanny man, I gotta buy me a lot to be something like food like food that is

01:02:35--> 01:02:36

not the proper means.

01:02:38--> 01:03:15

Yeah, perishable food or moist food, food food that you can't, you can't take that food put in the sun and then you keep it for like a year or two and use it slowly. It has to be consumed immediately. For almost a year on Bane actually he warned me he LBE were heavily that many he then you are given the the you're given the option to either eat it and then if the person who owns it comes and asks for it, you have to pay him or you can sell it and then hold on to the money and until the person comes back and asks for it and then use the money after a year but because it's food you can spend a year talking about it so you have to do this immediately either you immediately

01:03:15--> 01:03:54

use it and then pay if you're if you're asked for it or sell it and then keep that in mind. So you find like a cart a cart of grapes that has to be used like within a day or two or I was gonna have to well let's say you find a bucket of chicken KFC is no one's touched it yet either eat it and then if someone comes in and claims that you but of course that would be had to be in an abandoned area like if you're sitting in a picnic area there's a boy this is this is a look I found it is the last item you eat and walk away. It doesn't work. So to be an abandoned area, obviously, we're 32 in the third Maya kabhi EMAGINE karate karate fire follow and masala mean bury your head with many LTG Fifi

01:03:54--> 01:04:30

wherever you if it's food but you can process it so we can stay for a long time. So you do whatever is best for that food. Either you sell it and hold on to the money or you put it you send it you dry it out and then you hold on to it until someone asks for it and you can do the year thing after that and then claim it if after a year. No one comes to you. The forest my dad will tell Haiwan what needs for you to spend money on like a like an animal. Meaning you have to feed this animal you can hold on to it but it's not going to be for free. You have to feed it it's going to cost you money. Well a lot of fun. There's two situations here hyaluron Julio Antonio bnmc An animal that can't fend

01:04:30--> 01:04:59

for themselves they can defend themselves for almost a year then you're given the option been actually he rewarded me so many he Oh Turkey waterpower evil in Falcon la he obey he waved at me he then you either you eat it and you pay when the person comes in ask for it. If someone does come and ask for it, or you leave it, you don't eat it and you just kind of take care of it you just out of the goodness of your heart you take care of and you spend money on it for the sake of Allah you can ask for the Ask the person will complete or non aspirin for the money that you spent on taking care of this animal and the third but yeah

01:05:00--> 01:05:20

You have with me you sell it and then you hold on to that money for a year. As we talked about before that's an animal can't fend for itself like a sheep or a or a goat. Well why don't you I'm 10 year old NFC an animal that can fend for itself like a wild wild animal or a dog or like an animal that can take care of itself if anybody out there who feels so hurry to let go you find it in the desert we'll leave it you don't take it

01:05:21--> 01:05:38

when you leave and then this person who owns it goes look for it in his plate because it doesn't need your help this animals a while um can live on his own so you don't go in you don't take it when we need to hope and how do you find it within a inhabited area of human beings where it's not out in the wild? But Allah Maha Yoga and beta share if that entity fee here then you have

01:05:39--> 01:05:50

one of the three options either you take care of it for severe illness or you eat it if it's edible and then you pay for it or you sell it and then you hold on to the money the answer any of your questions you still have a question

01:05:51--> 01:06:01

go ahead. So for example, like not not the case example like an animal but let's say for example you find like a bike and like you hold on to it or whatever

01:06:03--> 01:06:12

thing after a year like you kind of put it on other money picks it up yeah you don't you don't he doesn't you don't he doesn't owe you anything

01:06:13--> 01:06:19

he owes you nothing so you don't have you do that you pay money on this this your thing you don't he doesn't you don't owe he doesn't owe you a cent okay

01:06:26--> 01:06:27

some of them talked about that.

01:06:28--> 01:06:29

It was a date

01:06:31--> 01:06:52

Yeah, small amounts are not really considered here we're talking about things that have actual any value that's why 20 bucks when you see that you just kind of leave it leave it Yeah, why would you pick it up? Because it's not worth it like it's if you're doing a year of this stuff it's not worth it for 20 bucks just leave it there the bride who likes to come pick it up or someone who needs it will come and pick it up or do tomorrow just put it in like

01:06:54--> 01:07:23

put it put it for soda or something for the person who lost it Yanni. But yeah, for better best thing just leave it with this please after a couple of days it was still there then put it if you said no because because they differ on these amounts and I'm not comfortable with evidence on the amount being over something and less than something I don't think there's concrete evidence. So I wouldn't take it like I wouldn't take it for myself it was 20 bucks you could put it under a rock and just leave it there for a while if someone comes picks it up they do they don't then come and put it he said he didn't give it to someone who needs it.

01:07:24--> 01:07:32

But there are there are people talking about the mounts so you're not wrong. You're not You're not off. There's actually those who talked about it. I'm just not comfortable with the evidence they have. We're gonna talk about foundlings are lucky

01:07:33--> 01:07:51

so either would you lucky upon Beccaria to polyethene for the Hoover who who whatever we had to hook a fella to who was the baton Alchi failure if a child is found somewhere on the road abandoned kid at the age could be only a few days old a few months or a few years old, then taking him

01:07:52--> 01:08:27

caring for this kid raising this kid feeding this kid is a an obligation on the community. So it's a worship Kiefer II it's fun to give failure me is not obligate authority upon you. It's obligate Tory upon the community. So that means the government has to be a part of this. So you can't just take this get home, you can end up being the person that the government gives us to but it has to go through the community itself now depends on the country you're living in how hard that is, I would I would consider a lot of these issues. But that's how it is me you're not obligated as a person. If you find a kid on the on the road that didn't make this kid you're on you're obligated to take it to

01:08:27--> 01:08:38

to the community center that was able to find it, find a home for it, but the community had to take care of it. If the community does not take care of it. We all carry responsibility for that. Because it's an obsession that needs to be cared for.

01:08:39--> 01:09:11

What are your core role in fi I mean in Maine, it's not and this kid is only given to someone who's trustworthy who knows how to raise kids and will take care of him well, when would you die whom are unfairly unfairly your Hakim woman who if the kid is left on the road and there's money with this kid this money is used by the government to take care of this good I mean this money is used for its own sake will let me use my home alfalfa to goofy by eating man if there's no money with this good then the the common Muslim fan base million Muslims will take care of the child in terms of as well the same thing that exists in this country almost word for word we actually do it better here than

01:09:11--> 01:09:43

we do it in most Muslim countries unfortunately. Final concept may Allah shall never social you're lucky leverage in your life. I've seen a number of them you see them the hospitals more often than you would like to but they're very, very difficult thing to deal with. It really shakes you from a very deep level the last the last point isn't about the deposit for safekeeping. And what about the actual amount of money that is deposited for safekeeping is a matter of trust is a trustworthy issues issue of trusted you're being entrusted with something? We will still have Bukavu Halim and Karla Bill finality fee and you're commended are encouraged to take it if you know that you're

01:09:43--> 01:10:00

someone who's trustworthy you can take care of it while I have the money to elaborate and you're not liable unless you transgressed against unless you know you saw negligence or you or you mistreat what you were given Well, coluna mu d mu the AMA caboodle infura Dr. l moody, meaning the person who was carrying the Amana his said

01:10:00--> 01:10:29

This means whether this person is the owner of it or not is enough, I don't need anything else. If you give me this something I'm holding on to it for you. And then you come back to take it. Nothing is needed, besides my testimony that you're the guy who gave it to me, nothing else is needed. Why didn't he so if I'm not trustworthy, and I give it to someone else, then that's you made the mistake, you put it with the wrong person, while he and yeah, Father heavy hitters, the mystery how it has to be taken care of and secured in the place that you would secure things similar to it, here's the mitzvah, wherever, wherever these things are put without fully behind. If you're asked to

01:10:29--> 01:10:33

give it back for them, you could adjourn you did not produce it at the time that you were asked for it.

01:10:34--> 01:11:05

Even though you could have delivered until it was ruined by me, and then you have to pay for it. So if I if you ask me for a car, you gave me to take care of your car, I did. And you came and asked me for that car, and I couldn't bring you the car. But I didn't. I just for whatever reason, I said I'll do it later, I'll do it later. And then something happens to the car inside wherever I had it, then I have to pay you then after that I'm liable for the car because you asked me for it. And I didn't give it to you even though I had the ability to give it to you for whatever reason I wanted to. And usually there's a there's a fishy reason for you not to give back in a minute immediately.

01:11:05--> 01:11:39

And that is the last part of this chapter. Next time, inshallah we start with keytab will follow. There's a lot of fun. Now, this has given me a lot of fun. And I have a blast with this. This is inheritance. I am really good at teaching inheritance. Like I'm really, really good. I was actually I taught my class when I was in university, like the teacher leaves school credit machine. He taught it to us, no one understood anything. They all almost meant that I came in for like a two day crash course that I taught them for almost everyone passed this course I'm really good at teaching was the fun of those. And it's pretty well. There are differences of opinions amongst the scholars in terms

01:11:39--> 01:12:11

of certain things. I think this is like a really, really rich part of stem that can be revived or re revised like that, probably that we can revise a lot of revisions can actually apply here because not everything is based on Quran and Sunnah. Some of it is, a lot of it is but also a lot of it is not. So a lot of it can be revised. And we can look at it in different ways. So I'm very interested in talking about these things. There'll be a lot of fun. I don't know, we'll try I'll start with it. If I find you guys completely not following me, then we'll maybe jump to the one after. But if you do understand that you'll be able to do a calculation. It's all math. It's just simple. It's not

01:12:11--> 01:12:36

it's not very complex math is pretty simple math. You just have to understand some rules in terms of when someone dies, who's the first person to start? And I think it's important information for you to know because I think a lot of you will be like what I had no idea I didn't think that was even the thing but you'll learn something new and also talking about differences of opinions among scholars and opinions that I think should be considered in the modern age regarding a lot of changes from the social and financial perspective within families. We'll start with that and show next week's microbiome the person who

01:12:38--> 01:12:40

was allegedly Muhammad in one earlier slide which mean

01:12:43--> 01:12:44

yes, we will talk about Ramadan.