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Essential Fiqh Class – Sunday June 6, 2021
Channel: Daood Butt
File Size: 32.32MB
Episode Transcript ©
Transcripts are auto-generated and thus will be be inaccurate and at times crude. We are considering building a system to allow volunteers to edit transcripts in a controlled system. No part of this transcript may be copied or referenced or transmitted in any way whatsoever.
Bismillah al Rahman al Rahim al hamdu Lillahi Rabbil alameen wa salatu wa he was sent to be healed him. Are they of Posada to atomic tasleem rubbish. Shockley Sabri Wei Sidley Emery was locked at a melissani of Cabo Cali, my brothers and my sisters set him where they come from at rahmatullah wa he or volcat.
Hope that I'm doing well in sha Allah to Allah, and know that it's a beautiful day outside the weather is really nice hamdulillah you know, you probably benefited from being outdoors, and if you didn't benefit from being outdoors, and you probably should try to do that, in the next day or so in short, a lot.
So, you know, take advantage of the heat while you can, because the winter's coming very soon. And I know, people like Oh, don't say that. But it's so true in Canada, like, by the time you get used to the summer, the winter comes and by the time you start getting used to the winter, the summer comes so unhandled in light is what it is.
For today in sha Allah to Allah, we continue our chapter on business transactions for our essential fifth class. It is Sunday, June 6 2021.
We're going to look at a few things today. And really the acts that we're going to cover are more topics that will simply answer questions that you probably always had with regards to business transactions or buying, selling or lending, right lending and borrowing, I should say it's more about lending and borrowing today than it is buying and selling.
for some people, you might think, well, how does this what what does this have to do with business? Right? How is it under the chapter of business transactions? Well, it's basically transactions right of wealth, whether it's buying, selling, borrowing, lending, keeping interest or loan, right lending someone, something, not just lending money, but lending them an item to use, for example, you borrow someone's lawnmower, you borrow someone's car, of course, got to make sure that the laws in your country or city or province or wherever it is that you live allow you to actually do that. So make sure that if you're going to borrow something, you borrow something that you're allowed to borrow.
Sometimes, you know, it's simple household items it might be for example, you know, when the weather is cool at night, you want to a
bonfire in your backyard, right like and so you notice some people have like a fire pit and they put wood in it and you know, lighter fluid sits around it's nice, the weather is cool. So you benefit from the heat, but some municipalities will have certain restrictions on that they may or may not allow you to have it in your home or in your backyard, they may or may not allow you to have it based on the size of your home. So these are things that we need to consider when we talk about borrowing and letting you know we also have to look at whether we can actually use item
in the region of the world that we reside in. Okay.
So first thing we're going to look at today is awning pa w n pawning.
linguistically when we look at this word word in Arabic and on camera One way is to retain retain something.
Something is a raw one.
When it is permanent and confirmed, and Allah subhanho wa Taala says couldn't Luna FC be mad sad that all he
cool Luna su Bhima has said hello he.
This is in verse number 38 of sorta Toma death. Okay.
Cool. Don't have symbols. fcmb cassava Tara Hina.
Allah Subhana Ghana says every person is a pledge, as in every person is Rihanna. For what he has earned. Right every person is a pledge for what he has earned, retaining you you acquire right what you have earned
as an Islamic term islamically according to the Sharia,
it refers to pawning wherein somebody leaves some form of wealth with another person as collateral for a loan that is to be kept by the creditor
if the debtor is not able to repay his debt, so let me say this again, systemically, but often refers to refers to
pawning where somebody will leave some wealth for example, I will say I need to borrow $200 from you
And I will leave my glasses with
And if I am unable to return the $200, then brother X has the right to give you my glasses as collateral for the wealth that I borrow from you. Does that make sense? So I want to borrow $200 from you. And you say, you know what I want some sort of guarantee some sort of assurance that I will get this wealth back. So I say, you know what, here, take my glasses before $100. But I want you to hold on to it, as well, they're used right? A person would say, well, they're not worth $400 anymore. No, they're not. So, this will be kept in place. In case I can't return the $200 then you will receive this so obviously, you get to choose or not choose but you get to agree to the item or
disagree to the item that has been kept. You might say no, I want your watch instead. And I say okay, fine, the value of it is about $200. So you get to keep that. So islamically that is, you know means.
Allah Subhana Allah says in Surah Baqarah verse number 283, what you call to Maranatha 31, m 10 g Ducati Fetty Han
Allah subhana wa tada says, and if you are on a journey and cannot find a scribe, then let there be a pledge taken. If you're on a journey, and you can't find a scribe, then let there be a pledge taken. And what's being referred to here pledge is the right that collateral. So the journey is being mentioned, why is the journey being mentioned. So the this is specifically refers to being on a journey, not having the ability to write down a contractual agreement between you and someone else for X amount of wealth. And so instead of that, you will give collateral like Here, take this, if I don't return, then you can keep this right if I I need I need your horse.
And I will, I will return or I will repay you a horse upon return. Okay.
And you might say, well, I need some sort of assurance. And so I give you a bag of gold coins, which I don't have in possession, but I you know, for the sake of the example, I give you a bag of gold coins, and you say okay, that's fine, right and you give me that horse. Now the verse specifically mentions while on a journey,
but this is stated only because it's it's a very common occurrence for someone to be on a journey or people especially the profits on a lot of it, to send them to be on a journey, and to need something and to leave something with someone else's collateral, in case they are unable to pay back what was what was lent or what was borrowed.
There are Hadeeth that will support this, when not traveling for example, shuttle the Allahu anhu narrated that the Prophet sallallahu alayhi wa sallam bought some food items from a Jewish person on crack it and he gave him his shield as collateral, some along it he was in them. So the Prophet sallallahu alayhi wa sallam gave his shield as collateral, when he borrowed some food items from one of the Jewish people.
And of course, the point there is when the when when the repayment of
what was what was given. So, for example, the agreement between the Prophet sallallahu alayhi wa sallam may have been I will return you know, certain amount of animals.
Once that is fulfilled, then the shield is returned.
So, the pawnbroker alright the pawnbroker, for example, brother x, like we mentioned before, I want to borrow $200 off of you, you agree to it for
a set amount of time, and I put my watch as a collateral for $200. And I leave it with brother x. So, now we're talking about brother x the person who has that wealth.
It is not permissible for brother x the pawnbroker to use what has been pawned or pledged with him.
And if it's sister x then with her
Okay, earlier it was shown that any loan that entails benefit as a form of Riba, okay, any loan that we have, that you receive something in addition to it or something extra comes from it is considered interest. However, if the pond item is an animal that can be written or milk. So, for example, it's an animal and you can benefit from it, or it's an item that you that you can benefit from in some way, shape or form.
Then the pawnbroker can ride the animal or milk it if he feeds it and maintains it while it is with him. So if he's going to feed the animal, then he can benefit from what the animal produces, the animal does not belong to him, and he must return the animal to whoever either the person who is receiving it as collateral. You know, the person who gave the loan or the person who it belongs to,
but the benefits from it, the pawnbroker or brother X can actually benefit from uploaded on Viola and narrated that the Messenger of Allah sallallahu alayhi wa sallam said, The pledged animal can be written if it is pledged as long as the pawnbroker provides for it, and the milk of the milking animals can be drunk as long as the pawnbroker provides for it. The one who rides or drinks must provide the expenditures. Okay, so here's specifically we see in this Hadeeth messenger of Allah sallallahu alayhi wa sallam is referring to an animal specifically, okay, that can be used during that time that it is being kept with brother x as the pawnbroker, who is going to benefit from it
without taking away from its value. Okay.
Next, we look at debt transfer, transferring debt. And we spoke about this briefly, so we'll go over it very quickly. inshallah, linguistically, the meaning of the word house means to change
or to transfer to change or to transfer as a technical term in the Shetty.
The scholars have defined it as the transfer of a debt from one person to another. So is that something that's permissible?
I borrowed $200 from you.
And I am unable to pay back the $200 and there is no collateral.
What do I do?
What options do I have? So islamically if a person is in debt, and have another person who has the means to pay back that debt or to take over the debt, then it is obligatory on you are the one who lent me the money, the creditor right to accept that transfer from myself to another person, so long as the new person who is going to pay back the debt has the means to repay it. So for example, I tell you, I'm borrowing $200, every single month, I will pay you $25 for the next eight months in order to pay you back your $200.
After four months, I say I'm sorry, I paid only 100 I cannot afford to pay you back the remainder of the $200. As in I cannot afford to pay you back $100 that is left.
the sister who lives next door is willing to pay the debt for me.
And she is hamdulillah financially stable and able to pay it back and willing to pay it back. And she wants to pay it back on my behalf. And she will pay you back the $25 every single month.
You will as a person who lent me that money agrees to allowing her to pay back the debt on my behalf as in she will take the debt. It is now her debt. And so now you will deal with her and you will not deal with me. Okay, she agrees to it. There's an agreement between you and her and Al Hamdulillah. For the next four months she pays back the debt and that's an awesome neighbor to have.
Linda, the Prophet sallallahu wasallam said delay in payment by one of means is a form of wrongdoing. Remember we took this Hadeeth Okay, delaying the payment by someone who has the ability to pay it is not permissible. So if I was to say, I'm going to pay you back the $200 over a span of eight months. You
$5 every month, at the end of the first, I don't pay you anything. I'm like, I'm sorry, I can't pay you. But I have the money, whether you know it or not, Allah knows, right? That is not permissible. That's a sin. Okay, so we took this hadith in the past, I don't want to spend too much time on it. So delay invented by one of means is a form of wrongdoing.
If one of you has his debt transferred to a rich person or a wealthy person, let him accept the transfer. Okay, so if I have the ability to to someone else was able to pay it off, then you as the person who lent me the money should accept that and allow that person back the debt on my behalf?
hamdulillah. Right. I'm just giving you these examples to make it simple. And I hope that it's helping, you know, let me know get some feedback.
from some of you, there's no Sunday evening, a lot of you tired being an all day.
You're pretty sure if you actually I know for a fact that many of the people who usually attend are not online, right? Just looking at the numbers.
We are at less than half the amount of people that usually attend.
And I'm pretty sure that's because of the weather. But let me know understand what's being mentioned on the law. That's good. I'm just trying to simplify it for everyone.
We'll move on insha Allah depositing for safekeeping. Okay, I already
already this word in Arabic means to leave something. So here specifically, when we talk about an idea, in the context of our chapter on business transactions, it refers to depositing something with someone for the purpose of safekeeping. As in I need you to look after my sunglasses, while I go for hedge.
That's it, you are gonna look after it, or you're going to look after my home. Or you're going to look after Mike. Okay.
According to the Shetty, if a Muslim asks his brother sister to deposit something with him, and to keep him
and to have him safeguard it, it is recommended for him to accept that request, if he knows that he has the means to safeguard it. So if I come to you, and I say I'm going for hedge, can you please take my car, park it in your garage, and keep it safe there until I come back from hedge.
If you're able to do that, and you're able to provide that safety for my wealth, which is my car, for example, in this case, then you should accept it. Because if you have the means, and you have the ability to do so, then you're actually doing a sadaqa for me, you'd be helping me in something right. So let me say that again. If a Muslim asks his brother to deposit something with him and to have him safeguard it, it is recommended for him to accept that request. If he knows that he has the means to safeguard it. As this is a type of assisting one another in piety and righteousness.
It is obligatory upon the receiving of the item return the item whenever the depositor requests it. So when I returned from hedge, you can't say, Oh, you know what? I'm taking the family to Niagara Falls just for the weekend. So I know you're coming back. I'll send you home on an Uber and oh, keep your car until Monday. Right. I know you're lined on Thursday, but I'll keep your car until Monday the following week because I need to go to Niagara Falls with your car. Yeah. Okay.
In Surah Nisa, verse number 58, was panaway to Allah says in the La Jolla monochrome and to Abdul and then it ILA earlier, we took this idea already, and we learned about this idea. Verily, Allah commands that you should render back or return the trusts to those to whom they are due. Right in the lahi model, come on what commands us and to do a man anttila Hillier someone leaves in a manner with you, you return it. And we could look at this from a number of different angles, but we'll just take it in this context here.
The Prophet sallallahu alayhi wa sallam also said return the trust to the one who entrusted you.
So I lent you my car until I come back for hedge you look after it, keep it safe. If I say hey, you know what you can drive it if you need to drive it right as long as you provide
For it as in, you put gas in it, you check the tire pressure, you make sure the oil is changed if you go over certain mileage, right, you make sure that you clean it nice and keep it clean just the way I would keep it right you maintain it, you look after it just like you would look after a horse or an animal that you're going to ride. Remember, we just took that headies about five minutes ago about the Prophet sallallahu alayhi wa sallam saying that if someone is going to,
you know, keep an animal, for example, in their possession as the pawnbroker brother x? Well, you can use it as long as you maintain it. Okay? And if that's the agreement between the two of us hamdulillah. If I say no, you can't drive my car, I'm sorry, you're not insured cross, you just keep it as an amount safe in your garage. Okay.
the responsible party, the one who has been trusted with a deposit is not responsible for it unless he has been negligent
manner that I leave with you.
If for example, I come back from Hajj and I put, I don't, our cars don't use keys nowadays, right? I sit down in the car and I push the button to start it and it doesn't start the battery's dead. I can't say oh fault, the battery is dead. Unless you were in my car one day and you left the lights on and the battery drained or for some reason you didn't close the door properly, and the battery drained. But if there's no sign of any negligence, that you didn't do anything wrong, everything's as what as it's supposed to be. And the battery is dead upon return from my trip, then it's my responsibility because it's my car. We could apply this to a actually a stick the Hadith of the
Prophet sallallahu alayhi wa sallam first right? I'm going to try narrated from his father on the authority of the grandfather, the Prophet sallallahu alayhi wa sallam said, if one deposits sorry, if if someone accepts a deposit, there is no liability upon him.
So if I accept to keep this that belongs to you, in my possession, and I don't even touch it, I just keep it with me at home, right, put it in a room cross, it doesn't even move, no one touches it until you return, then there is no liability upon me. The Prophet sallallahu alayhi wa sallam also mentions
in another idea, there's no liability upon the one who accepts a trust.
There's no liability upon the one who accepts a trust. So for example, you lend someone your lawnmower.
And you say, you know what, I know that your grass is high, here's my lawn mower, you can use it, and they start to use your lawn mower. And they do everything perfectly fine. You show them how to use it, and they do it exactly the way you tell them to use it.
And something happens to it, it breaks.
If it was their fault, for example, they're using it and they went over a tree trunk, a stump that was sticking up out of the ground, and it gem the blade or beta you know, damaged it, okay, now it's their responsibility. But if they were using it perfectly fine, all of a sudden, it just stops. I don't know why it stops the check the gap is there's enough gas in it, or the check log, if it's electric, and it's plugged in, they check the battery, if it's battery operated, charge it, everything seems to be perfectly fine. And they were using exactly how it's supposed to be used. But for some reason, it just stopped working. Well, in that case, no problem. It's my responsibility. I
lent it to them. They used it the way it's supposed to be used. And I understood that if it stopped working for whatever reason, in their prison, and they didn't do anything wrong, then it would have stopped while it was in my possession as well. And so it is from Allah subhanho data that it stopped working, and we leave it at that it's my responsibility, it is not theirs. So when we lend something to someone we should know in the back of our mind, in fact, in the front of our minds, we should know very well that they are not responsible for anything that happens to this item, so long as they use it the way it's supposed to be used. If they are going to abuse it and use it in a different way
I'm sorry if you did something wrong then you should be honest about that and say that you did something wrong very similar to renting a car very similar to renting a car you know when you rent a car
and something happens to it and you try to cover it up or you're like making too high like crazy out law please make them not noticed a scratch right across the side door on the rear you know the rear right doors scratched you know someone someone dented it or something like that in the parking lot. It's not your fault. Yeah, well, please don't make them notice it know, if something happened and
it was in your possession. And it was because maybe you put the car in the wrong place or you're doing something wrong or you were like speeding
Isn't that and you went over something you shouldn't have? That's your fault. So when you return the car, don't try and hide it. Explain, look, this happened because of this.
If you're going to charge me charge me if you're not going to charge me costs, right?
That's just the way it is. So there's always going to be risk involved, right? When we borrow something.
Lending items is at no charge.
items at no charge. Let me see if I want to take this. Yeah, okay. We'll take a little more.
What is the definition lending site? Someone, the owner of something
allows another person to use that item without payment or compensation.
Okay, so you own something. You're lending it to me, without any payment or compensation in return. you lend something to me, you lend me the lawnmower. Okay? You don't expect anything in return? Nothing. Okay.
Allah Subhana Allah says with a little bit of a water cooler, right? help one another in piety and righteousness. And the Prophet sallallahu alayhi wa sallam said Allah is helping the servant as long as the servant is helping his brother Allahu Allah kennela up to Fiona
and Allah subhanho wa Taala
mins in Surah Al mattawan was number four to seven for way too little more solid and letting you know whom Allah Salatu himself Hoon, one leg
for wayville masala alladhina whom Allah Allah t himself a larina whom unsolder himself so
this is like a 10 lady you can be will be Dean fedeli can Larry adorn your team? What are your homeboy lol bahrami miskeen for a lil Musan Li La Nina coumarins on our teams who won and larina whom you Oh no, I am never
see the recitation of the code and helps you to remember what you forget sometimes, it's probably just for this sort of earlier today.
Um, the law.
So Allah Subhana, Allah says, whoa, what do those performers of prayers, those who perform their prayers, but delay their prayer from their stated fixed times? Those who do good deeds only to be seen by others, and refuse small kindness. That's the showerhead. That's the key component that we're looking for in these verses right? and refuse small kindness. Why? Because Allah subhana wa Taala is showing us that you're doing something small, you're helping someone out, you lend them something, you don't expect anything in return. You're helping someone else. And you know that Allah will help you in return.
It's obligatory to return the borrowed item. So if I borrow that lawnmower from you, I must return it to you. Okay? Allah subhanho wa Taala says in malachite Morocco and to Abdul Rahman lt ILA Ania. As we took already this verse, Verily Allah commends that you should render back or return, the Trust's those who they are do they belong to.
And the last thing that we'll look at in short or long term and it is the one who is liable for borrowing the item.
Someone who borrows something is entrusted with that item, and thus there is no liability upon him, unless he is negligent as we took and we learned, or if the owner puts down
a condition for liability.
Suffer one even Jada narrated from his father, who said that the Messenger of Allah sallallahu alayhi wa sallam said, when my messengers come to you, right, so the Messenger of Allah sallallahu alayhi wa sallam said, when my messengers come to you, the people who have sent to you give them 30 coats of male armor, and 30 camels.
He said, O Messenger of Allah,
is it a loan with a guarantee on it, or a loan simply to be paid back?
So he's asking the Messenger of Allah Allah
Harley Davidson, you want me to give your messengers that you send 30 coats of armor? And 30 camels?
Is loan with a guarantee on it?
Or is it simply a loan?
a loan to be paid back.
What does that mean?
In Sugata Salaam.
It explains a loan with a guaranteed means that if it is stroyed, if for example, the 30 coats of armor or male, and the third camels are destroyed, the person will receive back its price. So if it's a loan with a guaranteed means that if there's some sort of damage, then you will pay back the losses for it. So for example, like renting a car, okay, if there's damages to it, then you need to pay for those damages.
He continues and says a loan to be returned means that as long as the object is intact, it will be returned. But if it is destroyed, the person is not guaranteed its price back.
This Hadeeth is evidence that the borrower the one borrows does not guarantee the object unless required by the lender. As stated earlier, this is the clearest of the opinions.
Super nice, super simple, super amazing, right?
And that In short, along with that is all that we will take for today.
So in there in sha Allah,
you just make note of it.
And then next week, we'll look at lost and found what happens when you find something. Right. What should you do?
What if you even find a lost child like prophet Yusuf Ali has center? What do you do? So we'll look at that next week and shut up by the Tanna
anyone has any questions?
If you don't have any questions, that's great. saves me time. I'll head out for that to the market. It
gives me some extra time.
Because of the hot weather, if you're hearing the sound of a fan
probably hearing on this mic. It's because
it's hot. And my laptop is asking for
denish a lie evatik seek a lazy coffee. Meanwhile, yakko
your question on Instagram? Can you answer it? Okay, I will try to look at my Instagram messages and try to answer it. But I can't guarantee that is done tonight.
Accident Insurance on the rental car from the rental company is it allowed? Okay, so I don't know where you reside. So I'm going to answer this based on where we reside.
Here in Canada and in our province. In particular, if you are renting a car, you must take out insurance, right? Either your own personal insurance will cover it or your you know, the credit card that you might be using has an insurance policy on it that covers you for rental cars or by law, you can't drive the car without having insurance on it. So you're going to have to buy it out from them. Right? So you have options as to the insurance, but legally within Ontario, okay. You mentioned Ontario legally within Ontario, you're not allowed to drive a car without insurance. So you must have some sort of insurance. Either it's through the rental company, or it's through your credit
card, or your debit card or your bank or your company or business or your own insurance policy that you have for your own car. Okay.
Jawad. I mean what he called me you have a blessed day and evening as well. I mean
Alright, seems like that's it just below Hayden barnacle of euchems so Kanika llama will be handy. No shadow, you lantana style furigana Toby like so having a long organic natural Illa Illa Illa antenna stone Pharaoh Karna to widow