Essential Fiqh Class – Sunday March 7, 2021
Channel: Daood Butt
File Size: 35.41MB
hereinbelow alameen wa salatu wa he was so no more alone obedient Karim. Allah here follow Salah to Adam with a slim rubbish rocklea Sabri were Sidley Emily. La cadet me lissoni of Gabor Kohli, my brothers, my sisters said Mr. La Kumara to LA, he will bite our cattle.
So it's Sunday night, March 7 2021. We will continue with business transactions in our essential fit class and shout along to Ida.
I do have a request that I want to ask at the end of the class. So hopefully,
hopefully, people can remind me of that inshallah. Tada. And,
yeah, just remind me of that. Okay.
So we're covering the chapter of business transactions,
we were talking about the things that are prohibited to sell. And today we're going to look at options and interest, okay, we're going to look at options and interest. First off, what is meant by options. So an option is where,
where someone is given a choice between implementing or enabling an action, right, so you have the option to either go ahead with the transaction or to
opt out of that transaction or contracts, you know, business transaction that we're talking about. So what are the two types? Or what are the types of options?
The first option is the open option to the contracting parties. So it's an open option to the contracting parties to people buying and selling right, while still at the contractual session. So you're sitting down, you're writing the contract, and you're putting these options in place, but you have the option to back out of the contract that you're putting forth or the agreement that you are
that you're making. You can during that time still back out, okay? Three out of the modulus, the two contracting parties have an option to cancel the contract from the time the contract is concluded, until they separate from one another as long as they did not stipulate that there would be no such option. So if part of their agreement is that you cannot back out of it, and they both agreed to that, then you can't do it. But generally speaking, if, for example, two people or a group of people are sitting down, and they're putting together a contract, and while they're putting it together, someone says, You know what, I'm out of this. I don't want to have anything to do with this. They're
allowed to walk away, okay, they're allowed to walk away from that.
Um, as long as he did not stipulate that there would be no such option that the option would be dropped, or one of them would drop his right while the other retain it. In our model de la hora Norma narrated that the Messenger of Allah sallallahu alayhi wa sallam said, If two people make a sale, then each of them has the option as long as they have not parted. So if two people are, you know,
in, in a trade right there, in the middle of making a trade, there's a buyer and there's a seller, okay? Or there's the seller and the buyer.
Then each of them has the option as long as they have not parted right, we discussed this already, as long as the transaction is taking place here and one of them hasn't finished with the transaction and left, okay, once someone leaves, that's a different story. So in that situation,
the Messenger of Allah sallallahu alayhi wa sallam said, If two people make a sale, then each of them has the option as long as they have not parted, unless they separate, or one of them gives a further option to the other.
The sale becomes final. If they depart after the sale, and none of them cancelled the sale, the sale becomes final. Okay, I think that's pretty straightforward.
It is forbidden to
to quickly leave the session. So it's not permitted to rush through that contract that sale. Knowingly that okay, I'm getting the better end of this agreement. So I'm going to quickly rush through it and run out or you know, I'm going to you know, quickly finish this off and leave because if I give them enough time to think about it or give them enough time to review things, review the contract and so on and so forth. They may not agree to the sale and they might leave in pull out right so it is not permissible to quickly rush out of it. The Prophet sallallahu alayhi wa sallam said both parties in a business transaction have a right to know as long as they have not said
graded, unless it is a bargain with the option to a no
attached to it. And it is not permissible for one of them to separate from the other, for fear that one may demand that the bargain be taken back. So, for example, you know, someone sells you something and you're like, how much is this? Right? And they say, Oh, that's $1, you know, like $1, you know very well, that, okay, here, here's an example, you see a bunch of these on the shelf, okay, you see a bunch of these on the shelf in a store, and the tag says $10.
But there's a price tag on this one that says $1, that someone else had taken off from somewhere else and just put it on, there wasn't the store owners wasn't done my mistake, someone else had done that. And you see this there, you take it and you go in the person who's you know, at the cash punches in $1. To do and you know, that they know that their product is $10. But just because they're going quickly through it, they just punch it in $1 and go and you take it quickly and you leave because you don't want them to realize that that isn't really the value of it. It's it's worth or selling for $10. So that's not permissible. There's two issues there. First of all, you're you're
rushing to get away with something that you know, isn't right. And secondly, you're cheating taking advantage of someone else that we said that that's not permissible as well.
The second option is the option based on a stipulation.
This is where both parties or one of the parties lays down the stipulation that they will have the option for a specified period of time to cancel the agreement. Okay, I'll say that again, this is where both parties are one of the parties lays down the stipulation that they will have the option for a specified period of time to cancel the agreement. This is a valid condition, okay? Isn't you have up until this time to cancel, okay.
This is a valid condition, even if the time period stated is loan. So even if the time period stated is long, it's still valid. Even our model DLR, Angela Narita did the Messenger of Allah sallallahu alayhi wa sallam said, the two parties to a sales contract have an option as long as they do not depart or if there is a further option in the sale. Right? So there's something stipulated there with regards to that. Okay, and the third and final option that we'll look at is the option due to a defect, okay to opt out of that sale due to a defect. So previously, it was stated that is forbidden to conceal a defect as we spoke about earlier
a few weeks ago, if a person purchases a specific item,
and does not realize that that item is defective, until after they depart, he has the right to return the item to the seller. It's basically like a return policy. Right? He has the the right to return the item to the seller, of what I wrote on the lower end reported that the Messenger of Allah sallallahu alayhi wa sallam said, Whoever bought a goat was left and milked. Okay, so what they used to do is, you know, leave the goat unoaked so that it's filled with milk to show that this goat is going to you know, reproduce milk
and then milks the animal. Right if he is pleased with it, he may keep it if he's displeased with it, he may return it as in return the animal and as a prophet sallallahu alayhi wa sallam said he may return the animal with one SAR with two handfuls right of
sorry with a SAR Yeah, of dates, okay of debts
and that is for the milk that was consumed. So you took the milk and you drank from it. So in place of that you're returning something else. Okay?
Alright, so that's that with regards to options, so opting out of the sale, or the contract. The next chapter that we're going to look at or not chapter but the next subheading is Rebbe interest.
I think we should just skip this part right? Everyone knows interest is how long we just move on. You guys all agree? Let me see if you agree. I think we should just skip it.
Let me know if you want to skip it or not.
All of a sudden no one can you hear me? Shall mama show
Long sounds good
alright so one of the brothers has given me the thumbs up we can skip it
Anyone else want to skip the
part on interest Reba
it's too complicated
everyone's scared of this party they're like oh no I don't have mortgage no is not talking about it
right so power law
alright ecommerce we're gonna do it anyways, I was just pulling your legs right humbler? least one brother? At least one brother Idris by he says yes. Let's learn it right it's better to learn Alhamdulillah Alright, so Rebbe interest, the root of the word that he bought. So I'm going to tell you right now, I'm not going to get into interest in depth. Okay, so we're probably going to start it and finish it today. Okay, why? Because I feel we don't need to discuss it too much. I think we know what we're allowed to do and not allowed to do. Those of us who are in business that are in need of the little nuances here and there with regards to the *ty Allen interest and so on.
They're the ones who need to go and dig deeper and find out more about it. But generally speaking, I don't think that the majority of us need to discuss interest too much because we know a lot about it already. And sometimes we just pretend like we don't care.
So that he bought interest, the root of the word that he bought means an increase, okay? So an increase, not Baraka,
not Baraka different than Baraka, it's an increase okay? either in the thing itself as Allah subhanho wa Taala Allah says, it does add to water But okay, in order to hedge verse number five, it has set one up, but
it is stirred to life and swells, right? But so it's an it's an increase in that. Or
in exchange for something else, like one gold coin for two gold coins. Someone gives you one gold coin.
Right? And you're giving them two gold coins back in return. So you borrow a gold coin from someone and then you pay them back to gold coins. That's interest. Okay, so that increase
what is the ruling with regards to interest? This is the part that I know a lot of us are like, oh, now
what are we talking about this right? Sorry, you're gonna see me moving around a lot because my back's hurting me so Pamela.
or interest is forbidden based on the Quran. The Sunnah, and consensus amongst the scholars of the oma Okay, in fact, we don't even need to say that just amongst you know, the the teachings of the Quran and the Sunnah is enough right for us. But this shows that the scholars of the oma recognize that this is something that is her arm and not permitted. Allah Subhana Allah to Allah has said concerning that he buck,
rubella Lahaina, shaytani r rajim Bismillah R Rahman r Rahim.
Yeah, yo Hello, Deena Dhaka la was Abu Dhabi me not
too many for 11 different movie the movie have been made more you want to asuni want to go to Falcon Russo am word equal love tells me more want to
Muslim heritage Allah says Surah Al Baqarah verse number 278 and 279 he says yeah, you're living at home and temple law or you will believe
be afraid of Allah. Right. Be conscious be aware of the punishment of Allah Subhana Allah should we do what is wrong according to Allah azzawajal took a lot
whether or not Bucky i mean i believe and give up what remains due to you what what is due to you that remains from that transaction from interest from now onwards, right so Allah Subhana widad is making
interest, how long
if you are really believers, right if you are truly believers, and if you do not do it as if you do not give up interest,
then take a notice
of war from Allah and His messenger.
But if you repent, you shall have your capital sums
do not unjustly and you shall not be dealt with
unjustly May Allah subhanho wa Taala protect and save us all. I mean,
also Allah Subhana Allah says in Surah Baqarah verse number 275 just before that, and living in a corner Lee Bella yeah Pomona Illa kamma iapo laddy Berto, shyy, Pon amin LMS. Those who consume interest will not stand on the Day of Judgment, except like the standing of a person beaten by shape on leading him to insanity. Like, what am I done? What have I done? Right?
We don't want to be in that condition on the Day of Judgment.
Also, Allah Subhana Allah says, verse number 276, m how Kong law who libo your Ruby's Son of
God, Allah will destroy interest and will give increase for deeds of charity. As in when we give sadaqa we give charity that is an increase in rewards from Allah for us. And when people are dealing with interest, that in itself no rewards is destruction from Allah Subhana Waterhead.
What are the Allah and narrated? That the Prophet sallallahu alayhi wa sallam said, avoid the seven destructive sins, profits on a long run it was seldom said avoid the seven destructive sins.
They said or messenger of Allah, what are they? What are these seven destructive sins?
He replied to someone longer and he was sending them associating partners with Allah, committing sorcery, killing a soul which Allah has made inviolable, except due to justice, consuming interest consuming the wealth of orphans fleeing on the day with the two armies where the two armies meet
and slandering the chaste innocent believing women
avoid the seven disruptive sins from amongst them
the Prophet sallallahu alayhi wasallam says consuming interest
I'm going to mention a few more Heidi's we have four more Heidi's but I want you to take note if your children are watching, probably not a good time to have them watching. Okay, so if you have children that are watching with you, and they're not mature, probably not a good time to have them with you. Maybe send them away or lower the volume you listen to it yourself inshallah Okay,
jab if about the Allahu I narrated that the Messenger of Allah sallallahu alayhi wa sallam cursed the receiver of interest, the one who's receiving interest
the one who gives it
the one who records it.
and it's two witnesses.
He said some longer Eddie he was alum. They are all the same.
Say that again? job if you
see the vacuuming right outside my door again. I'll come closer job it would the job if
I don't do more I narrated
that the messenger of a loss on a long rather us alum cursed the receiver of interest, the one who gives it the one who reports it and it's two witnesses. He said they are all the same. So the one who's receiving interest is obviously the one who lent the money to someone else. And now he's receiving more than what they gave. So they lent $1,000 they're being paid back. $1,200 interest $200 right. The one who
Gives it so the person who borrowed the money is now paying it back with the interest. So someone says, but I didn't, it's not my choice. They lent it to me and they're asking me for that. Well, I'm sorry. That's part of it. You agreed to it?
I don't know what more to say.
He continues and says the one who records it. So the person putting the contract together, right, the person who's putting this contract together that person Why is boring money from person x and person, why will pay back person x Zed amount of money instead of a amount of money because of the interest that is being you know, added to this contract. So the person who's recording it, the person who's making that contract out.
And the Two Witnesses you are witnessing something that is an injustice, that is not permitted Islam islamically and you are allowing it to go on, you are acting as one who's witnessing something that is that is taking place that is not permissible systemically, therefore you are also part of this. Right? So the Prophet sallallahu alayhi wa sallam says they are all the same as in they're all dealing with interest.
Someone might say, but I was just a witness. I didn't do anything. No, no, no, no.
You are witnessing something that's not permissible and you're not saying anything about it. You're not stopping someone from doing it. And you know, clearly very well that this is something that's not permissible.
Even most rude or the alarm or a narrated disclaimer, again, your children, move them away from you go away, okay, you can come back later on or another day. This is for the adults now, okay.
Even Masaru rhodiola and narrated the Messenger of Allah sallallahu alayhi wa sallam said Riba has 73 varieties.
And isn't there's a large number of different different types of interest.
The Messenger of Allah sallallahu alayhi wa sallam said the Rebbe has 73 varieties, the slightest of them as in the least worst from amongst them in sin is like a man having intercourse with his mother, when he has will be law.
That was a dealer.
This is a way of showing the severity of it. Okay? The profits on a longer anywho SLM is warning against it.
Okay, it's, people take this and they take it out of context. Okay. It's a warning, you know, you when you when you see something Stern, and say it's like, you know, something, and you mentioned that.
So this is a warning that comes from the Prophet salallahu alayhi wasallam, showing the severity of it, we ask Allah subhana wa attallah to protect us all. Again, we're talking about interest generally. And I don't want people to say, oh, but I'm doing this, I'm doing that I'm doing this, I'm doing that. No, I'm not here to answer we're doing this or we're doing that we're learning about interest. And then specific things that require fatwa specific things that are needed to be you know, researched further and so on. That can be done later on. Okay.
I'm delighted in the hands Allah narrated that the Prophet sallallahu alayhi wa sallam said, one gold coin of Riba that a person knowingly consumes is worse than 36 acts of fornication. One gold coin of Riba of interest that a person knowingly consumes is worse than 36 acts of fornication. And Allah Subhana Allah protect us okay. Again, just showing the severity of it. Right the severity of it that you know, it's warning people don't do this it's dangerous for society. It's bad for society. It makes the rich richer the poor poor it offsets society. Very very dangerous. Okay.
Good question. We'll come to that inshallah. Even less rude or the longer and also reported that the Prophet salallahu it was send them said, No one is greatly engrossed in Riba except that his affair will end up in little wealth.
Those who are drowning in interest, okay. There's a difference between someone who's trying to avoid it.
doesn't have a choice or option or, you know, times are tough whatever. Okay, there's there's a difference between that like we said there's different levels.
But the profits on the long run he was on them says no one is greatly engrossed in Riba except that his affair will end up in little wealth as a new user, there's there's no benefit to it. And there's no benefit to,
to doing that.
And then the last thing that we'll take are the categories of Riba a lot with Thailand and then we'll open it up for some questions.
Alright, so two categories that we're going to look at very simple, very easy to read about divided into two categories. There's Riba and nesea and the Riba will follow. Okay.
Read Ben nesea is a stipulated increase in payments received by the creditor from the debtor due to delaying the payment? Okay, so you borrowed some money, you have to return it, but you delayed the payment. So now there's an increased amount, there's an interest that's added on to it. This type of Riba is forbidden by the poor answer and consensus of the or the scholars. Okay. That's it even nesea anybody phobal is where money is exchanged for money or food for food, okay, so sorry, let me say that again, where where money is exchanged for money, or food for food in a spot transaction, but with unequal values.
This is forbidden in Islam.
And it is a means that may lead to a rebound.
Okay, so remember, people used to trade not only gold and silver people used to trade
wheat, barley dates, you know, the things that they would produce.
And so these are two types of Riba two types of interest, where money is exchanged for money, or food for food in a spot transaction, but with unequal values. So that will be the the end, if you're trading gold, for example, I'm giving you this amount of gold for that amount of gold has to be equal, you can't give a gold coin and get back to gold coins. It's not equal. Okay.
And that's all that we're going to take for today and chug along a tad. So we'll open it up for some questions. I see one there who is there nowadays that isn't affected by interest, like credit cards, our money's in the bank.
So as we just saw with regards to Reuben nesea.
And this is it's a delicate topic, because some of the scholars
live in other countries. And then we live in countries where there's credit cards and stuff like that, we have the option of debit cards, I know some people that have tried for a long time to stick to only cash. Now the way the world is, is like tap, tap, tap, everything is digital, everything is electronic.
The best is to try and stay away from using
from using something you know you're not able to handle. So some people will put things on there i i can tell you I know people I people have come to me, their credit card debt is in not only the 10s of 1000s. But going up even higher. Right?
Someone came to me a credit card debt was close to $30,000. That's the credit card debt.
Another person I know it was over $100,000
paying interest like crazy. Don't buy what you can't afford. If you can't pay it, when the bill comes or when it's due. Right then you're not to buy it. And this is why using
for people that don't have that ability or don't have that control. They should try to put other things in place. I know.
A sister from many, many years ago, many years ago, she incurred so much credit card debt, she thought to herself, the only way I'm going to get rid of this is if I cut up my cards. And if I just keep paying it off, pay off what my debt is until it's no longer there. Because she she felt if I don't cut up my cards and stop using them, I will keep putting more on it and then I keep having to incur more and more interest. Okay.
So yes, it is very easy to put something on a card. In fact, nowadays you don't even need the card you just go online and you just shop right you just shop
Sharp sharp away. And then after you're like, oh, man, how am I gonna pay for this? Okay?
So be very careful. This is why like in the, in the, in some countries around the world, their credit cards
are charge cards.
Actually sorry not charge cards, they act like debit cards. So you're only able to put on that credit card, what's already in a reserve in your bank, for example, or back in your, that cards, account or system. So for example, you know, you have this card and you're going to use it to buy things, you can use a maximum of $20,000, because that's what's already there. So you already backed up that amount there. That's what exists. Like, I know, when we were living in Malaysia, that's how it was, right? So if you want to use that card to buy something, well, you already have to have that amount in your account. Otherwise, you can't use it.
With all the evidences, how can we accept our love mortgage on first for need only house what happens is strong enough? Okay. So when it comes to mortgages, I don't want to talk about it. Honestly, I told myself, I'm going to be very picky with the q&a today. Because I'm here just to share what is there and then for specific things, you know, there are certain things that are not to be answered on public platforms. Okay, and that's not that there's something to hide, it's because
when you're online things go to other countries, right? They stay for years, different time, different place, different people, different contexts, different culture, different understanding of the environment, and so on.
So, a fatwa is specific to time, place and many other details. And this is why, you know, someone who's in need of something should go and seek Islamic guidance from their mom or teacher who can help them to to, you know, to go about what it is that they want to do. Okay, what about leasing a car has interesting transaction, but you don't own the car, would it be considered interest or would be like a rental so leasing a car is considered renting the car, okay?
You don't own it.
So, long story short, leasing a car is permitted. Because you are not buying it, you're not owning it, you're basically just borrowing that car, or using that car for a set amount of time.
If you want more info on that, you can go to online.org amga online.org. And you can find more information about you know, purchasing cars and leasing and so on.
Someone said today that they're bringing food to do to the month of our job should we accept it?
is they're bringing food
interesting. Sometimes bring you food because it's the month of Rajab,
I guess they're trying to get you healthy before the month of Ramadan.
like if they're giving you food and is halal and hamdulillah as long as it's not something that's shipped, right? Just be careful of that.
Any weekend plans? Well, your weekends are over so you guys you guys enjoyed your weekend? Let me let me let my weekend be my business.
Alright, so it seems like that's it in terms of questions.
don't see any more correct me if I'm wrong.
Okay, someone asks, What does consuming interest mean? Is it only people who are taking interest as income so remember, the Prophet sallallahu alayhi wa sallam said they're all the same, right? The person who was taking the interest as in receiving it and the person who was paying it as well.
Someone seven years seeing shift please. I missed three drama. Okay.
robotic where you want me to do? You want me to give you a special ticket, the golden pass the golden Jamal pass? You keep trying to register, okay? You keep trying to register
and make lots of out to Allah subhanho wa Taala. Okay, these are difficult times for many people, you're not alone in this there's a lot of people haven't prayed Javan a long time. And that's because of the situation that we're going through. So this is an exceptional time. There's a different ruling during this time, and we ask Allah Subhana Allah to make it easy for everyone.
Yeah, so working in banks is something that's not permissible here. Yeah, that's correct.
The banking system is not one that is islamically.
Or in favor of the city doesn't coincide with it in terms of, you know, the permissibility. And yeah, that's something that we teach, it's not permissible to work for a bank. And we ask Allah subhanho wa Taala to make it easy.
Alright, that's all the time that we have. Mariela make it easy for every single one of us. I know quite a few brothers and sisters who have completely changed their careers around because of wanting to do what is right according to Allah subhana wa Tada.
It is not easy, not telling anyone out there to go and quit your jobs tonight or anytime soon. What we advise is begin trying to fix whatever is going wrong in our lives. Right. So if someone is doing something that a loss of habitat is displeased with, begin that path to transition and change into what Allah subhana wa tada would be pleased with. Okay, now I'll make it easy for everyone. I remember asking one of the scholars about this. And he says, Don't tell anyone to go and quit their job. Because they may have a family they need to support.
And if they did not know of something, then they're exempt from it. And that's the benefit of learning. Once we learn now we are accountable for it. And so when someone has to, you know, change their situation for the sake of pleasing Allah subhanho wa Taala. They also have to make sure that they fulfill their responsibility and not take away from the rights of their family because that is also a sin. That is also a sin. So someone might say, Well, I'm leaving this sin in order to please Allah and you're leaving one sin in order to go and commit more sins. And that's where we have to be very careful. Okay, so do what is right slowly and steadily. Ask questions to the people of
knowledge who are there to help you and may Allah subhanho wa Taala make it easy for every single one of us to live in this dunya in ways that are pleasing to Allah Subhana Allah to Allah to Xochimilco haven or Baraka lo fi con, or some a lot more seldom all that Arcana Vina Muhammad wa ala alihi wa sahbihi wa sallam was Salam or aleikum wa rahmatullah wa barakato. Sorry out if I'm ending the session.