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Essential Fiqh Class – Sunday June 13, 2021
Channel: Daood Butt
File Size: 27.98MB
Episode Transcript ©
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Bismillah al Rahman al Rahim al hamdu Lillahi Rabbil alameen wa salatu wa he was Salam. ala Nabi Karim Ali of prasada to automatise Lim rubbish off the Saudi wife Cindy angry washer lock that Emily Sonia Cody, my brothers and my sisters set him off to LA he forgot our kettle.
I hope that everyone is in well and shout along to Anna, it is Sunday, June 13 2021
hamdulillah we are in step one of the reopening plan that our province has in place, I'm gonna ask Allah subhanho wa Taala to make it easy for us to be able to reopen the entire province, the entire country and the entire world to the freedoms that we once had. And to never let us forget that Allah subhanho wa Taala had brought this to us as a reminder to turn closer to him.
And we asked what kind of data to make us always be amongst those that remember him wherever we go and submit to Him in our actions. And I mean,
so today we're gonna be continuing essential fick. We are of course going through the business transactions chapter. We concluded last week talking about depositing
wealth with someone for safekeeping, as in leaving it with them as an Amana, we also looked at lending money or items to people, and what the responsibility is with regards to the borrower and the lender, and so on and so forth.
We also looked at debt transfer, so transferring debt to someone else if we're unable to pay for it or pay it and someone else is able to that and the person who lent the money should
allow the person who owed him money to have it paid off through someone else or have someone else had off on behalf of that person was the money. And we looked at Pawnee as well. So today we're going to start with Lost and Found, okay, we're going to be looking at Lost and Found. This topic refers to all found items case all items that are found
and have some sort of value
concerning which it is not known who the rightful owner is. So you find something that has some substantial amount of value. But you don't know who the owner of those items are this of what the item is, we're going to look at some items in particular. In general, this topic refers to last items other than animals, Okay, last items other than animals, animals are known by a different name, and that is considered by law. Okay? So we're looking at items that are found that have some sort of monetary value or some sort of value substantial enough value.
And the person who it belongs to is unknown. Okay.
So what is obligatory upon the pines, this wealth, so you're walking down the street, you find something that doesn't belong to you? What must you do? So if someone finds some sort of wealth that doesn't belong to them, it is a must it is an obligation which slam upon that person to make it known person, sorry, to make known
the wealth that was found and the amount that was found. So for example, you find a purse
or you find a one the wallet, you know, there is
actual like, bills. Okay, say there's $250. So you need to let people know that a wallet was found that contains $250. Okay, now, that's the most that you really need to reveal, because any models, then you might just never be able to know who the true owner is. Because what you want to do is you want to be able to allow a person who comes to aim that item, you want to give him the opportunity to describe what it is what it might have in it as well. There may be some cards and business cards might be someone's name, address, and so on. If that's the case, then it's a lot you find who it belongs to.
But if it's a general wallet, and there's only $250 in it, the person might come and say I lost my wallet. It's mine. It's Brown. It has a logo that looks like this on it is the back but there's nothing in there. And I usually keep a yellow post it note on the inside in case I need to write something down. If they describe it and it belongs to them, you know who it is okay. So if someone finds some wealth, it is obligatory upon him to make known it's hype and am
Okay, so there's a wallet that contains $250 within it. He then takes a trustworthy person as a witness to what he has found. So you need to make sure that there's someone who witnesses what you found.
Ideally two witnesses, okay?
He then safeguards the wealth and announces it for a period of one year. So use you to look after the wallet. Let's just pretend this as a wallet, you're going to look after this wallet with the $250 in it for one year, but you're going to announce that you have it okay.
If its rightful owner claims it by identifying its signs properly by identifying the item properly, he is to be given a wealth even if it is after a year's time. So if the person comes within that year, and they identify then you must give it to them it belongs to them, they come after that time as well and you have that wealth then you know, you give that wealth to them as well. Otherwise the one who found it can benefit from it. Okay, so if after a year no one comes and claims it then you can benefit from
so weighed even if a fella said he met obey a big cab and obey even cab said, I felt and a money purse wallet, right or a small pouch containing 100 D not. I went to the Prophet sallallahu alayhi wa sallam and he said make a public announcement concerning it for one year. I did so but no named it. Then I went to the Prophet sallallahu alayhi wa sallam once again, he said make a public announcement concerning it for one year. I did again, but nobody claimed it. So I went to the longer it who was selling for a third time. He then said so the longer it was send them keep the container and it string to talk, count it. And if it's owner comes, give it to him. Otherwise use it. And then
the sub narrative. Here of course, says I met suede and he said I do not know if it was three years of announcements, or just one year of announcements. Okay.
Even hemara said that the Messenger of Allah sallallahu alayhi wa sallam said,
Whoever finds the last item
should have one or two trustworthy people witness it,
then he should not change it or conceal it. As in, you don't do anything to it, you found something, you found this wealth, take it, preserve it, protect it, look after it, don't do anything, you know, don't damage it, don't do anything to the wealth, take care of it, ensure that you have two witnesses, he then continues to say sallallahu wasallam, then he should not change it or conceal it. If its owner comes he has the most right to the person comes and claims it then it belongs to them. It doesn't belong to the person who found it. Otherwise, if the owner does not show it is the wealth of law that he gives to whom He wills. So if the owner of that does not show up, then
consider that something Allah has blessed you with and you can now use that wealth.
hope that's clear. Hope it's easy to understand. It's very straightforward and simple. Now, we will look at two types of animals, which is just interesting. I know of us. Probably every single one of us, you know, doesn't really have any sheep, or maybe don't have any camels either. But we're going to look at lost sheep or camels, except maybe mocked up. Where's Martha Vizier? Probably.
So he has some animals at his home in Australia, and he might have some sheep, or you may have found some sheep.
So if someone finds a lost goat or sheep, and the reason why I'm mentioning this is to show us the difference in animals and how the shediac looks at certain things. If someone finds a lost goat or sheep, okay.
That person should take the animal and announce what was found, announce it to the people. If its owner comes, it should be returned to them. Otherwise, the one who found that goat or sheep becomes the owner. However, if one finds a lost camel, that person is not to take the camel because no reason for fear for the camel. And we'll look at an example of that from the Prophet sallallahu alayhi wasallam zaidan
The color of the lava and said a bedwin came to the Prophet sallallahu alayhi wasallam and asked him about finding last items. The Prophet sallallahu alayhi wa sallam told him make a public announcement
about it for a year, safeguard its container and tie string. So whatever wealth you found, make sure that it's in that container or put it in something and tie it. Right. That's how you keep it safe. Remember, at their time, they didn't have like these lock boxes. They didn't have safes. They didn't have, you know, access to a bank like we do, for example.
They didn't have homes like ours that lock, you know, we have locks and stuff like that. So
he says, so the longer it goes on to make a public announcement for it for a year, safeguard its container and tie strength. If someone comes and describes it to you give it to them. Someone is coming and claiming it and they describe it exactly as it is give it to them. Otherwise you may utilize it. He then said some a longer ad. Sorry. He then said as in the bedwin man, he asks the Prophet sallallahu alayhi wa sallam, what about a lost goat or sheep? He replied, some longer It was one of them. It is going to be for you, your brother or the wolf. So a lost goat or sheep can't protect itself. So either you are going to take it in, or the owner of it is going to come and claim
it from you. Or you are going to leave it and the owner of it has lost it already. And that goat or sheep is going to roam and a wolf is going to attack it and eat it. Okay.
So then the bed when men said to the Prophet sallallahu alayhi wa sallam? And what about the last camel? And at this point, the face of the Prophet sallallahu, alayhi wasallam turned red. And he said, What do you have to do with it?
dogies hamdulillah hamdulillah.
Hopefully you all respond and say yes.
Similar one, right? So He then said he was alone.
So let's go back to the man he asks now the bedwin man, he says, What about a lost camel? displaying profits on a lager? I think he will send them his face turned red. And he said, What do you have to do with it? As in What is it? What is it of your concern? If you see a camel roaming?
Why are you so concerned about the camel?
The Prophet sallallahu alayhi wa sallam says What do you have to do with it? It's it's feet, it's supply of water. And it can reach places of water. And it can shrubbery as it can shrubs, and you know, whatever it needs to eat.
So this is an example of how the profits on a longer either us alum differentiated between certain types of animals as well. An animal that has the ability to defend itself and look after itself and is a wild animal, let it
let it roam. Okay, an animal like a sheep or a goat that can't defend itself, then take it in, look after it. And you may either Of course, at some time, if no one claims it, use it can learn from it, and so on.
So the animal that can't defend itself, you take it in, look after it, protect it, and announced for the owner to come in, claim it.
The animal that can look after itself and is big, like the camel, and doesn't get easily hunted right in the desert example.
It knows how to find its food, it knows how to find water, it knows. It even has the ability to reserve the water and travel long distances. But you leave that camel on its own. And so any wild animal you could say that has the ability to look after itself. Leave it 100 right. It is wild it will after itself. And I'll leave that to you to figure out on your own. What you're going to apply this to.
Alright, the next thing we got is finding edible and seek
to find some food or finding something that has no value. If someone finds something edible path, it is permissible for them to eat it. If you're traveling, walking somewhere and you see something that's just left there some food and of course it's halal, and it's
Goods not spoiled and rotten, and you want to eat it. Technically, if no one's there to claim it, you have the right to eat it, right?
Similarly, if he finds an insignificant item that no one would care about losing, he may take it and own it. Unless it'll be a lot more narrated that the profits along the way, he will sell them play some dates along the path. And he said, if I did not fear that they had been given in charity, I would have eaten them.
If I did not fear that they were given in charity, I would have eaten them. And that, of course, the profits that are longer and he doesn't take charity, right? If you would give to him, he can take it if it was charity than the profits that are longer it who does not take and consume it.
he says on Allahu alayhi wa sallam if I didn't fear that this had been given in charity, I would have eaten them, the dates that were there. And this shows us that something that is found of food, like a food item, or something that doesn't really have much of a value, as in someone is not really concerned if they lost it. Yeah, no big deal, right?
For example, drops $5 and later on, they're like, Where's my $5 might cost you $20 to go back to that spot to try and find that $5 is not worth it, you just let it go.
So if someone finds something of that sort and significant, you can just keep it
lost items found in the precincts of the home. right the
the holy sanctuary of McCann Dena.
So last items that are found when the horse sacred mosques can only be picked up if they are to be announced perpetually and will not be owned by its Finder. After one year.
Just like other items, as we mentioned. So you find something in the Halloween marker you find something we you're not allowed to take it and claim it except if you are going to announce about your finding of it and constantly remind people or put that in and out so that people can come and claim it within a year. Okay, so you have to do that. And messenger, even ambassador, the logger annual narrative that the Messenger of Allah sallallahu alayhi wa sallam said, Allah has made mcca sacred, it is not permissible for anyone to fight here in before me. And it was only permissible for me for a portion of the day. Therefore it's shrubs aren't to be uprooted. It's trees are not to be
cut, it's gained him as in the animal life's life that is there is not to be chased. And it's lost. items should not be picked up except by whoever answers it publicly. Okay.
Very simple, very straightforward. But these are things that we need to know in our dean. Alright, what about finding a lost child
so what's happened in the last two days is first of all, usually I get really bad allergies every single year around this time. What's happened in the last two days is our neighbor in the back you know, there was no one living in that home so they moved in and took care of just a couple of days ago took care of all the you know, the the grass and the weeds and everything. And the neighbor to this side of us, they were not living in the house and are putting it up for sale now. And so they had landscapers come in and cut the grass and pull out all the weeds and do all of that and somehow our windows are open this morning and I could feel it immediately cutting me
right so the last one with Allah curious all and make it easy for us to get through.
You know, these beautiful, sunny, warm days, but to be able to put up with the right weed and hay fever and you know, allergies that we typically have here within Canada.
Finding a lost child. Now, I wasn't really going to do this topic, because,
like how often do we find a lost child especially us living in Canada. However, as I was reading through it, I thought to myself,
I've been to countries and I've been to places where I see
drop off boxes or deposit boxes in
for people who have built
and don't want to keep it and maintain that child
for whatever reason, or for people who found a child that was left somewhere in the gutter, in the, you know, in the ditches on the side of the roads, you know, left somewhere underneath a shelter, put in front of your doorstep, there are these drop boxes or deposit boxes where you can come and put those children that are found.
I thought to myself, well, then the topic of finding the child is thing that we technically should cover. Because I remember when I was in Malaysia, this is a thing in Southeast Asia where, you know, some people experience extreme poverty, and they're not able to look after their children. So they would rather give up their child once it's born
to an organization that will, you know, look after them in an orphanage that will educate their children that will give them you know, some food to eat some clothing to wear, and possibly even someone else's home to live in. And it's very hard for, of course, like none of us can ever imagine. Except that we've gone through it's how difficult it must be for some people. However, aesthetically, we look at it as a child being risk in brings it is it brings provision for us. So Allah subhanho wa Taala gives us more wealth, when children are born into our families.
And he provides for them and provides for us as well to be able to look after them.
Of course, everyone has their own circumstances that they go through.
We ask Allah subhana wa Taala, to look after every single one of us, and to make it easy for
all of those around us to be able to look after and take care of their children.
So very quickly, forgive me My nose is
very quickly we will show a law go through this
you know this part of the chapter. So finding a lost child refers to finding an under aged child is a child that is not mature on the streets lost along the way, or one whose lineage is not known. Now,
before we go any further, please keep in mind that you have to respect and abide by the laws of the country that you live in, that you reside. So
every country has its own process, right? You're not just going to find the child and take that child in and automatically the child belongs to you. There needs to be a reporting process you need to be something that is done. So the ruling on taking in such a child islamically is that it is a communal obligation to take in lost children children that are found, as Allah subhana wa tada has said in the Quran, and without one we're a little bit reverse, taqwa help will help one another in piety and righteousness with our new allenbury workover.
Now, what about the child Islam? What Dean is that child going to be brought up upon?
If a child is found in an Islamic country or environment,
then the ruling is that that child would be considered a Muslim.
And he is also considered to be free islamically we consider a child that is found or a person that is found to be a free person. The reason why we mentioned this is because there are some you know, nations of us that would consider a found person to be the property of the person who found them. As in they were slave to the person who found them. In Islam. We don't consider that to be right. A person who is found who has no family, no lineage, they are a free person. Right? We respect them as a free person, we treat them as a free person. We do not take them in and enslave them, okay. hamdulillah that's the Islam right.
If that person or that child is found,
and possesses with them some wealth so they have with them some wealth, maybe it's a baby and wrapped in with the baby is a parent
Have golden coins, for example,
the wealth may be used to look after the child. Otherwise, it should be maintained from the public
Treasury, as in that wealth is going to be used to look after the child. And if there's no wealth that is found with the child, then the wealth of the Muslims will be used to look after the child. Okay?
What about the inheritance of this child, so if a child is found, and then after some time passes away, if the child should die, and leave some wealth behind, but there is no
family heirs, there's no there no one from the family to inherit that Trump's wealth,
then the wealth is property of the public Treasury, as in within them, we have baitul mal, right. Similarly,
within Islam, if someone
you know, murders,
or you know, person, there is blood money from that family from the family of the person who committed the crime, we call it blood money, as in money, wealth that is paid to the family, mostly it is paid to the family for the loss of their loved one.
And so if there's no one from that child's family is that Nick Lee would consider that wealth to be the wealth that still needs to be given from the criminals, family or from the criminal themselves, to either the child who's the family of the child, if there is any immediate family, we're talking about actual blood relatives, right, not just your adopted parents or family,
or there's no one. And usually, that's the case, because that's why the child is lost and found, then that blood money would go to the bank. So it still needs to be paid out. But it would be paid out on behalf of somebody paid out
to the child who's no longer there. So by default belongs to the beta man.
claiming a child to know, right claiming a relationship.
If a man or woman claims that the child is his or her relative, the child will be joined with them, if that were a possibility, okay,
if two or more in the child, then they have to now prove their case. If they're not able to, then the child will be taken to an expert on family traits islamically, we have certain things that we look at. But now we have modern technology as well, that allows us to do DNA testing, in a shediac courts in various different, you know, countries will have their own process. So we'll leave it at that and shot a lot of Tyler, you know, I don't want to get into the nitty gritty and the details of things because we are teaching on mine, and it's International. And there's so many different things that apply in different countries. And we have to respect you know, the different laws of those
countries. That doesn't mean that we're taking away from the dean.
But it means that we have to just generally what the topic is or what the ruling is, and then there are always going to be,
you know, general issues or general
rulings with regards to certain issues and topics, and then pick ones and there's no need for us to get into specific ones because we're not talking about specific cases. Okay, we're just keeping it regular. So that's all that will take for today in sha Allah Allah.
Next week, we are going to start with
gift giving, so giving someone a gift, or giving them partnership in some sort of wealth. Get that from next Sunday in sha Allah, okay? Just like a level hate on Akerlof, econ sallallahu, wasallam, all about cat out of Vienna, Muhammad Ali. He was Safi he was a LIM.
Keep it open, if anyone has any questions for them.
to buy over a cat.
And also someone said
someone replied to my hand when I sneezed. They said
Come to LA some of us at Comic Con la. And so yeah de como la jolla, the whole bareknuckle
fate. I think that's all
we have for today. I'll see all of you soon. Xochimilco Hayden was sent out welcome what metal