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The Best In Islam #34 – Property [1 of 2]

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Bilal Philips

Channel: Bilal Philips

Series:

Episode Notes

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


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Salam alaykum Warahmatullahi Wabarakatuh.

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I'd like to welcome you dear viewers to another in our series, the best in Islam.

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In this series, as you know, we are looking at what Allah and His Messenger have defined as being best in terms of our actions, in terms of our

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property, in terms of our relationships, from all possible perspectives of human life and human interaction. Because Islam covers everything, and has something to say about everything, Allah and His Messenger have identified certain elements as being particularly good, particularly beneficial, the best. And because those were identified as the best, we are encouraged to focus in these areas, more so than in others, because Islam is such a vast ocean, it is not possible to encompass everything. So we are able to focus on the best elements, then, we have covered the most important areas that would benefit us in both this life and the next. Now in this session, we are going to be

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looking at property and what is the best with regards to property? What did the Prophet may God's peace and blessings be upon him, said concerning property or last month Allah? You know what, what was said? The first Hadith, which is a rather long Hadith we'll be looking at

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is one Narrated by Abu mama, in which he quoted the Prophet salallahu Alaihe Salam is saying,

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in the law hodza JAL

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Appa Kula, the hatin haka fella was theater Littleworth.

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Allah Most Exalted has appointed for everyone who has a right what is due for him or her. Thus, no bequest can be made for an heir from that inheritance, this hadith, or this statement of the Prophet may God's peace and blessings be upon him, addresses the issues of inheritance, the property that you're leaving behind, you know, you're going to die. But we are encouraged to make wills

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so that those who would not normally inherit automatically, according to Islamic Sharia guidelines, can be given something.

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This was sia or bequest is designed for those who would not normally inherit anything.

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So because it is specifically for them, the prophet may God's peace and blessings be upon him had stated that those who have been allotted portions by Allah in the Quran, it identifies the wife, the children, grandparents, all the different people have been identified, who have a right in a man or a woman's inheritance. So since something has already been allotted to them,

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to go now and make a will and give them more, this is not acceptable, it is forbidden in Islam. So that will is only for those who would not normally inherit. And that could be from those who are even non Muslims. You're allowed to give portions up to a maximum of 1/3. That is the maximum that a person of property can leave as a bequest to anyone who would not normally inherit 1/3. It could be to a person, it could be to an institution, it could be for a variety

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idea of things. Of course, if it is for something, which is of no real value, then it can be overridden and just be included in the main inheritance and divided among the natural inheritors. So from an Islamic perspective in Islamic law is not possible for a person to live his wealth to his dog, we find that very common in the West, where people live their wealth for their Canary, you know, for the cat, for their dog, and they even have inheritors, who should inherit, but because everything depends on the will, they are left out so they get nothing. The money is set aside to look after the pet of that person who died in Islam, it's not possible, it would not recognize such

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a bequest or such a will. Because those people who are the relatives of the deceased, they have a right in the wealth that he or she leaves behind.

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Now, the Prophet went on to say salatu salam, wa ala to INFICON Mara, che en min Beatty, ha Illa business OG ha.

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And a woman should not spend anything from her house except with her husband's permission.

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The wealth of the home, in which she lives with her husband, to use that outside of the home,

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to give it to others to spend it on things outside of the home and outside of the needs of the home is not permissible except with the permission of her husband. When the Prophet SAW Selim said that

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they asked for Messenger of Allah, even in the case of food.

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And the Prophet SAW Selim responded saying that I've done a more Aleena that's the best of our wealth, the best of our property.

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He then went on to say, I allow her to die.

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Well, men had to mark Duda.

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What day in Makkah, Lee

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was Zaim item,

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that is, loans must be returned, as she came alone for milking must be returned, debts must be repaid, and one who stands surety will be held responsible.

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So,

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the Prophet sallallahu Sallam spoke with regards to

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what needs to be taken care of before inheritance can be divided. If one has a loan, these loans have to be repaid before you start to divide up inheritance because this is no longer the man's wealth, he owed money, then that should be given back. Also f1 loaned out

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animals in all of its forms must be returned, whatever assets were loaned out, have to be returned. And whoever stands surety, in other words, if he had taken a loan, and he was unable to pay it, then at his death, the person who took responsibility to pay if he was unable to pay is required them to pay.

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So, this process of a division of inheritance, it has certain principles that have to be taken care of, before the actual inheritance is distributed

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people's rights,

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who are not relatives, in that wealth has to be fulfilled,

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what is his property? What is really his property? No one having any rights in it, that is what can be distributed. And we said that from that wealth, which is truly the person's male or female, they are allowed to give away as much as 1/3 to whatever cause person they wish, as long as the people that it's given to are not among those who would normally inherit based on the division of the Sharia, which assigned to them a certain amount. So, here we can see Prophet Muhammad

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salatu salam

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emphasizing to the Ummah,

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the importance of people's rights, human rights,

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Allah has identified certain rights, first and foremost, and these cannot be

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challenged, they cannot be changed, they cannot be removed, they stand. And these divisions are based on a laws, knowledge of human society, human beings, etc. So, when Allah subhanaw taala, decided that, for male and female children who are inheriting from their parents, that the females would get half the portion of the male.

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That is the ratio two to one, from a Western perspective that might be looked at as

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unfair, why shouldn't the female get the same as the male.

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However, because Islam has given the female certain rights,

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which the male does not have,

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among those rights, is the right to be looked after by her nearest male relative.

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Whether it's her father that remains, or whether it is her brother, or her uncle, or her grandfather, or her son, a male or more, who are closely related to her, are responsible for her, her husband dies, she's not on her own.

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Those close males are responsible to look after her, that's her, right.

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So for males, they have this obligation, they have this responsibility on them.

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So when you're dividing the wealth, if you consider the male the same as the female, then it would be unfair, because the male doesn't have the right to be looked after, he is the one responsible to look after.

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So if you divide the wealth gives the same to the female, as you give to the male, but at the same time, the male is also responsible to look after the female,

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then that becomes unfair.

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From the Islamic cultural perspective, because in Islamic culture, the male is responsible to look after the female. So this is what is being said in the very beginning, everyone who has a right has been given their rights, and Allah knows who should have certain rights. So he has given that

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after that, then

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you can give up to 1/3 of your wealth to whomsoever you wish, as long as it doesn't go against

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common sense. That's what we're talking about. What's reasonable, what's understandable, and as we said, inheritance gifts which are to the dogs and cats and pets, etc. These are considered not acceptable. Looking after the dog, okay, no harm, but you don't have to give your inheritance to take care of the dog will now take a brief break and continue looking at property after the break.

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Salam aleikum, welcome back from the break.

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And prior to the break, we were looking at the division of property and People's Rights in it, you know, when you have relatives who could benefit from this inheritance. So, that

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is the primary point of the statement of the Prophet may God's peace and blessings be upon him when he said that there should be no bequest for the natural inheritance. Then he went on to stress the point with regards to

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A woman and her husband's property

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is she free to do anything she wishes with that property? No.

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Certain things which are taken for granted getting food for the home, necessities of the home, fine. But when you're involved in getting things beyond the necessities, you want to get luxuries.

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Or you want to give to your neighbor or to your friends or to others from the wealth, which is the wealth of the home, meaning the wealth that the husband has provided, then this is not permissible without his permission. It's not permissible without his permission. However, on one occasion, when a woman came to the Prophet, may God's peace and blessing be upon him.

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Her name was Hynd. And her husband was Abu Sufian. She complained to him that I will Soufiane was stingy. He wouldn't give enough maintenance, to look after herself and her children.

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Was it permissible for her to take from his wealth without him knowing?

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And he told her, yes, she could take what was needed for herself and her children. No more. But what was needed, she had the right to take, because that was her right. So she's not stealing. It is a property which belongs to her which should have been given to her, which her husband did not give. So the Prophet may God's peace and blessings be upon him, gave that permission.

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So when we say that the woman does not have a right to spend without the permission of the husband, this is with regards to things beyond her basic needs, and the family's needs. those basic things she has a right to take, even without his permission, then, the Hadith, close its presentation with a reminder regarding debts. And we've spoken previously in previous episodes about the importance of paying off debts, where there are debts, these debts have to be cleared before any consideration of inheritance begins, whether it is the bequest or whether it is the actual inheritance, division, none of that starts until that are cleared. And if in clearing the debts, all of the man's wealth

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goes and there still remains debts, then those who were the guarantors for his loan, now have to pay those debts. They fall on their shoulder.

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Going on further in a look at property.

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I'm going to be Schreib had narrated that a man came to the Prophet sallallahu sallam, and said to him, O Messenger of Allah, I have property and children and my father needs some of my property. The Prophet saw his alum responded, and our Ma look, Li wa Lydic

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you and your property belong to your father

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in our ladder, Khun men at Joby CASB comm

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fuck Hulu min CASB, Allah decom

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indeed your children

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are among the most pleasant of your earnings. So you may take from the earnings of your children.

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This seems to be a permission given to take at random or when everyone feels like it's the property of the children. But this is not actually what the Prophet Muhammad wa sallam was saying, you know, in the case where there is a need,

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where there's a real and genuine need, yes, the father does have the right to take from the property of the son. I mean, of course, that's not in the case where he's going to put his son now in difficulty. He is already in himself in difficulty, he will go put his son in difficulty and take himself out of difficulty No, but where his son is in a situation of ease, he is in difficulty need, he has the right to take from the property of his son to fulfill his need.

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Because the son is looked at as being a product of his, you know, we can't really say that the child

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Like property is not the property. But it's a product a result from the relationship between the father and the mother. He is a product of that relationship, where they're not to have married, etc, then he would not have himself come into existence. So he has a connection as a product, and has a connection as responsible to look after his parents, when they are in need. So, because of that, the Prophet sallallahu Sallam gave the parent permission to take from the property of the children if they had a real and tangible need. So it shows the position of the parent relative to the children, you know, as being one of authority.

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Sometime Sometimes, however, this has been abused, in that parents may also tell their children, for example, to divorce their wives or their husbands. We had that happening in some places, that parents can now tell their children at any occasion, divorce your wife, divorce your husband, I don't like them. So no, this is not acceptable. Islamically though parents have authority over their children, and the children should respect their parents and their views. When it comes to matters of such a sensitive nature, they don't have the authority to instruct the children and children don't have to listen to them. In fact, they shouldn't listen to them in these matters. Unless they bring

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clear evidence if they bring clear evidence that there's some serious problems there, which would lead to or could lead to divorce, preferable that one should divorce, then that's another situation. But if it's just the question of parents not liking your wife, or your husband, you know, and I received many questions of this nature, you know, on Facebook and an emails, etc, where people ask about this, you know, my parents want me to divorce my husband. They don't like him. They don't like his family, or something like this, you know, or

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two brothers marry two sisters. And one brother divorces his wife. So the parents of the girls tells the other sister divorce your husband,

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because his brother divorced your sister.

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Again, that's not the reason that's not acceptable.

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Young woman should not accept that from her parents, you know? So it's like, getting back at them because they wanted no, no, this is not Islamically acceptable.

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So, while parents do have authority over the children, there are limits. And Islam. Islam has set certain limits, but it has honored parents very highly, and hold children responsible to look after their parents, their well being to take care of them in their time of need. As they took care of the children, when those children were babies, incapable of looking after themselves, parents were there for them. So in the same light, when the time comes, that parents need that care and concern and good treatment, then it is their right to receive it from their children.

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And with that their viewers would like to thank you for being with us in this episode of the best in Islam, and we hope to see you in the future. In further episodes to come. Salam aleykum Welcome to La here. We're about a cattle