Sunday Night Essential Fiqh Class – July 4, 2021
Channel: Daood Butt
File Size: 35.16MB
Bismillah harahan Rahim al hamdu Lillahi Rabbil alameen wa salatu wa he was Salam ala Nabi Karim. Allah He of Donal sola to attend with a slim or Bishop the Saudi wasl li emri while knockin attend melissani of Coco Kohli, my brothers and my sisters as salaam alaikum warahmatullahi wabarakatuh I hope everyone is doing well in shout, Allahu Allah. Today is Sunday, July the fourth 2021. And we continue with our essential Fiq class in sha Allah to Allah.
Today, we're going to be finishing up our chapter on what on business transactions, right, so we're finishing our chapter on business transactions that we've been going through for quite some time now.
And it's nice to finish up the chapter because that means we're going to be starting up another one. Next week in sha Allah, we're gonna start looking at oaths and vows.
What's permissible and not permissible with regards to taking an oath by Allah subhanho wa Taala or what is mentioned in society and you know, whether some of the things that are mentioned by people are said is permitted or not permitted, and we'll look at that inshallah data from next week. As for today, we continue the last few topics in the chapter of business transactions, and we start with usurping others is property, right, usurping others, his property, the property of other people.
The word analysis refers to taking the rights of others intentionally so intentionally taking something that belongs to someone else.
Sorry, not intentionally.
Taking the rights of someone
without that permission, that person's permission, right unduly right taking the rights of someone without their permission.
What is the ruling islamically? Is that something that's permissible? islamically I think we all know the answer to that, but let's look at it anyways. So usurping others as property and rights is a kind of wrongdoing which is typically known in Islam as vanilla, right? One,
oppression and wrongdoing will be
on the Day of Judgment. wrongdoing, volume is something that will be considered, you know, darkness and Allah subhanho wa Taala you know, shows us in the Sharia how dangerous it is to be from amongst those that oppress others right? Of all, movoto mirto Yama, Yama, right it is, oppression will be considered darkness on the Day of Judgment.
Allah subhanho wa Taala Allah says in Surah Ibrahim, and I'll read it in English in sha Allah to Allah in order to save time. Consider not that Allah is unaware of that which the wrongdoers do, but he gives them respect. Those that commit sin Allah subhanho wa Taala delays it right he gives them recite up to a when the eyes will stare in horror, when eyes will stare in horror.
They will be moving quickly forward with their necks stretched out their heads raised up towards the sky, their gaze returning not towards them, and their hearts empty from thinking because of extreme fear. right because of extreme fear. Those that do run towards others and take advantage of others. Okay? Allah subhana wa tada also says in verse number 180/8, Surah Baqarah while at kulu, Amala combiner crumbled belt, while at kulu and wider combiner can be baffled which means and do not eat
one another's property unjustly in an illegal way. So do not eat up the property of another in an unjust manner.
In the farewell speech of the Prophet sallallahu alayhi wasallam as well in his hope, but will whether the Prophet sallallahu alayhi wa sallam said, verily, your blood, wealth and honor are inviolable, to all of you, like the sacredness of this day of yours in this land of yours in this month of yours. So, looking after the wealth, the honor and the life of each other is part of our Deen and part of our responsibility as believers in Allah subhanho wa Taala Allah, let me just do a little correction there, the lights
I always like to wear my blue light glasses when I teach, but then the light reflects off of it. And it really disturbs me seeing that constantly moving in front of my eyes. So I'm the law.
And then in the last video that we'll take with regards to this specific topic of what I thought it'll be a longer and narrated that the Prophet sallallahu alayhi wasallam said,
a fornicator while committing illegal sexual intercourse is not to belabor a drinker while drinking alcohol is not a believer, a thief while committing theft is not a believer and a robber, while robbing and the people are looking at him is not a believer. Now what is meant here is that when someone is considered a believer, right and Allah Subhana Allah but they are committing these sins, right? Being with someone in a sexual manner, that is not permitted islamically you know, drinking alcoholic beverages, committing theft,
you know, robbing, taking from others. These are sins according to Allah subhanho wa Taala. And when the believer is doing these actions, when someone who is a believer is committing these sins,
in the moment of the sin, because they have forgotten Allah subhanho wa Taala they basically become from amongst those that are ignorant of Allah subhanho wa Taala. Does it mean that the person has left Islam entirely? No. But what it means is that this person is ignorant of the fact that Allah subhanho wa Taala is watching them and aware of every single moving action that they make. And so while they're committing that sin, have chosen to dis obey and disregard a loss of handle what to add. And this is why it's important for us, as I've mentioned in the past multiple times, to constantly refresh our belief, our testimony of faith in Allah subhanho wa Taala. This habit of the
longer no one would do that regularly. It was the advice of the Prophet sallallahu alayhi wa sallam and as I mentioned, in every single time that we make, will we follow through with what the prophet sallallahu alayhi wa sallam used to do when he would finish he would look up at the sky, and he would say, shall we, in the law, work that will actually color or shadow under Mohammed Abu Rosado, right? And he would raise his finger and look up, right? testimony of faith I should, either in the MA Cherie Keller shadow under Mohammed Abu Soto. And so we refresh our
testimony of faith, our belief in Allah subhanho wa Taala. Because we all make mistakes, right? We all make mistakes, but the best of the sinners are those who repent after they make a mistake, and repenting to a loss of Hanwha data is important. Right? It was teaching that to our youth earlier today, that it's at times. So this was the the the topic for those that are, you know, curious as to what we learned today with our teenagers here in Melton,
we started up our youth program for the summer. It's just a six week program for this summer, and
it runs every Saturday and Sunday Today the topic was
falling forward. But I asked them a question, right, having that growth mindset, thinking positively ask them question. I said, Do you think that any positivity can come from
Of course, when we look at that question, do you feel the end? Or do you think that any positivity can come from making a mistake? Most of us would say yeah, absolutely right. We learn from our mistakes and we move forward. What if I change that word mistake? And I say do you think that any positivity can come from doing wrong? or doing something that is wrong, or committing a sin? Is there any positivity that can come from committing a sin? And so how do we got into a discussion and that's what we do.
In our youth program, we actually, you know, engage the youth to talk and to have conversations. And we broke out. So we have breakout groups. And the discussion in in one of the groups was really interesting. panela you know, the youth were saying, in the moment of committing that action, that sin.
There's not really any positivity, but afterwards when the person for example, you know,
is, is reckoning upon the sin, they're committed, they start to feel regret, they start to feel remorse, they feel sad that they've committed that sin, and they repent to Allah subhanho wa Taala for the sin that they committed, right? So the youth started to identify positive aspects of that they said, you know, some of them were like, Well, you know, if someone gets caught, and then after they get punished, they realize, I shouldn't have done that. And this is a consequence to my actions, and then they change themselves. That would be the positivity usually comes over some time. And so here we see in this example of the Prophet sallallahu, Alayhi, wasallam.
You know, taking the property of someone else, right, we're talking about, you know, taking something from someone that is not right, right.
That isn't, according to the dean,
it is forbidden to use what one has usurped. Okay, it is forbidden to use if someone has usurped something, you've taken something illegally without the right or the permission of someone else. It is islamically. First of all, not permissible for you to take that without permission. And then in addition to that, it is not permissible to use that item, because it was taken in a manner or a fashion that was not permissible. islamically so let's take some examples. It is forbidden upon the usurper to use or benefit from what he has usurped.
it is obligatory upon him to return it.
Abdullah Ignis saw
Ibn yazeed narrated from his father on the authority of his grandfather who said that he heard the Messenger of Allah sallallahu alayhi wa sallam say,
No one shall take the possession of his brother.
jokingly, or seriously, if one has taken the staff of his brother, he should return it to him.
What is the staff staff is simply a walking stick to stick that you pick up a new find a new us to lean on. Many of us would think well that's insignificant. That's the point
that you take something that you might even consider to be insignificant from your brother or your sister, someone else from another person without their permission. The Prophet sallallahu alayhi wa sallam says that we don't do that, whether jokingly or seriously seriously, we know very well that I'm taking this from you and I, you know, it's mine now. But jokingly is usually considered
a prank. And this is where we learned that it is not according to our Deen to prank other people to trick and do trickery to each other.
So the Prophet sent along it was something warns us about doing something that is that is not permissible by taking something without permission, whether serious or whether we are joking, even if it is the staff, the walking stick a cane that belongs to someone else that they just use, just, you know, to lean on while walking, that if you did that you should return it to them, even something small and insignificant. Panama, endless bandwidth added protect us all. Another headache that we'll look at what it will do longer and narrated that the Messenger of Allah sallallahu alayhi wa sallam said,
Whoever has wronged another concerning his reputation or anything else, should beg him to forgive him before the Day of Resurrection, when there will be no money to compensate for wrong deeds. But if he has good deeds, those good deeds will be taken from his account.
To the wrong he has done.
And if he has no good deeds, the sins of the wrong person will be loaded
So Abu Dhabi Allah mentions that the Messenger of Allah sallallahu alayhi wa sallam said,
Whoever has wronged another
concerning his or her reputation
For anything else, should beg him to forgive him before the Day of Resurrection, where there will be no money. As in, you can't, you can, you know, what's what's being referred to here is that you can't simply resolve the matter on that day hold us know, if you owe something to that person, you're going to pay it in your deeds, right, you're going to pay from your good deeds, so those good deeds will be taken away from us. Now remember, on the day of judgment, the Prophet sallallahu alayhi wasallam mentions that we will be one we will be going from person to person seeking good deeds, right seeking one good deed.
And people will say nipsey nipsey No, I'm sorry, I don't have a single good deed to share with you. I'm worried about myself. I need to I need to figure out my own situation with Allah Subhana Allah, I may not have enough good deeds myself, why would I share anything with you? And Allah Subhana Allah says, You only a federal motorhoming he will only he will be well saw he but he will Benny liquidly marry men whom Yama he didn't shut new yagni every single one of us will be you know, worried about our own selves, a person Allah subhanho wa Taala says,
We will run your federal model omega three, right? Your brother will come and ask you and be like, No, no, no, no, I'm sorry. I don't have anything to give to you.
Your sister will come and ask you or you ourselves we will go to our brother we will go to our sister.
And what will be the response? NFC NFC. Sorry, I don't have anything to share with you.
Well, only he will be. Imagine going to your mother and to your father and requesting a good deed Neff. ctfc. Sorry, sorry, I gave you all that you needed in this dunya Chronos. Time is over. Now I need my deeds for myself. That's wealth on the Day of Judgment, our good deeds. Well saw he but he will Benny. Imagine going to your to your spouse.
Right and requesting good deeds. And you think to yourself, but I provided this and I provided that or I helped you with this. And I helped you with that. And we did this and we went through that together. Sorry. Right now. I don't know if I'm going to make it to Jenna. So I can't give you anything.
Well, Benny and your children will you dedicate your entire life we dedicate our entire lives for right as in we dedicate our lives for Allah subhana wa to Allah no doubt, but we give to our children in submission to Allah subhanho wa Taala it's like the love and emotion that's there within us. We can't take it away. Right? Allah Subhana Allah is placed it within us. We do. We do almost anything for our children, as long as it's, you know, in the pleasure of Allah subhana wa to add, but on that day, FC and FC.
So, again, the Prophet sallallahu alayhi wa sallam reminds us whoever has wronged another person, concerning their reputation, or anything else, should beg them for forgiveness, before the day of judgment. Think of how many people we've wronged. Think of how many people we've spoken against. Think of how many times you've cheated someone, or you've taken something that was not yours. Right? And that's what we're referring to in this chapter. Right business transactions and taking something from someone that doesn't belong to you, without their permission.
If that's happened, we need to return it and risk of loss of Hanwha to Allah to have mercy on every one of us. And to grant us the strength and ability to do what's right in the pleasure of Allah subhanho wa tada
If someone usurps another's land and grows something or build something on it. So you took the land if someone else without their permission, and you started to grow, you started to plant things on it or you started to build something on that land. He will be required to root out what he planted or tear down what he built. The Prophet sallallahu alayhi wa sallam said, what the wrongdoer has planted, he has no rights for it.
You planted it. You can't say Oh, but I planted that. Okay, how long? Yes, it's your land. But I planted that. So I need to produce from it. No, it's not yours. It's not yours. Right? It's not yours. So the profits on a longer I need to sell them says what the wrongdoer has planted, he has no rights over it.
If he did actually plant any crops, right, so if that person actually did plant any crops, or plants or anything there, he may receive what he spent on it. And the produce is for the rightful owner. So you might say, but I spent $1,000 planting all of this and it's now worth $20,000. I'm sorry, the $20,000 worth of produce doesn't matter.
but what you spent $1,000 to plant on this land? Well, here you go, here's $1,000 that's yours. But this $20,000 worth of produce. It's not yours belongs to the owner of the land.
profit. Even Khadija narrated that the Prophet sallallahu alayhi wa sallam said, Whoever farms in a land of a people without their permission, shall not be do what he farmed, but for him is what he expend, expended.
So for that person, they will
be able to claim what they spent on the land if the person who owns the land even has the wealth to pay them for what they spent on it, if they're able to pay it, right, or to return it, but what is on the land
belongs to the owner of the land.
So I'm being asked questions about fitness clean. Look, I think I think what we're what we're mentioning is very clear. Okay, what we're mentioning is very clear, land that is taken without the permission of the owners of the land, or those who preside within that land and have been maintaining that land is not permissible. islamically if it's land that has not been claimed, that's a different story. We took that already weeks ago. Okay.
The last thing that we'll look at in sha Allah to Allah Actually no, two more, two more topics. First off preemption.
A chauffer comes from the word Scheffer which means
spouse, okay, like to marry something that comes together
islamically it refers to the transfer of the portion of a partner. So the transfer of wealth to a partner in that wealth. So the two of us own something together, and one of the partners wants to exit that partnership. Okay, it refers to the transfer of that partners portion of the wealth to his or her partner would have gone to someone else had they sold it, paying its value in exchange, so two people, okay, simplify it here. Two people are partners in owning
this. Okay? Two people are partners in owning these glasses. Okay.
wants to help the wealth, okay, his share, or her share of the wealth.
Instead of going in selling it to someone else, we should offer it to the partner who's already in the partnership with that wealth.
And if then they don't want to purchase it.
Then we can find someone else Okay, so we'll look at a few things here in shot longtown. If a person is if a person is a partner in a piece of land, a wall a house, right, then it cannot be sold until it is first offered to the partner.
In that, you know, of that wealth.
If it is sold before offering it to the partner, he still has more right to buy it. Jab is narrated that the Messenger of Allah sallallahu alayhi wa sallam said if a person owns date palms, right date palm trees, or a piece of land, then he is not to sell it until he offers it to his partner. He is not to sell it until he offers it to his partner. So you may already have a buyer. That's what that's what we've just mentioned right? You may already have a buyer. However, you do not take the wealth from that buyer first, before offering it to the partner. And if the partner chooses to purchase it great and sell it to the partner. The partner doesn't want to buy it and and is okay
with going into a partnership with another person.
abou raffia said that the Messenger of Allah sallallahu alayhi wa sallam said the partner has more right due to his closeness. Regarding regardless of what is involved. The partner has more right? due to their close ties. Right. That's what we were saying before like a marriage like a spouse. They have more rights,
to the wealth that they own.
together in a partnership than anyone else that could come and offer wealth. So you might say, Hey, you know what? I own
a piece of land
with someone else.
And a friend of mine comes along
and says, I will buy half of your land for $100,000. And you say to yourself, but my land is not worth $100,000, it's worth $50,000.
But you say, Hey, you know what?
has a right over this land before I do. If I sell it to my partner,
then I'm only going to be able to sell it to them for $50,000.
And that third party buyer is going Hey, wait a second, I'm gonna give you $100,000 anyways, right? So you may as well sell it to me.
It doesn't matter. And then they might say $200,000 $300,000. Now I have to have to ask my partner First, if they're willing to buy it and purchase. Right? If they're not willing to purchase it, then
you could sell it. Okay.
The neighbor, what about the neighbor? Now? The neighbor has the right of preemption if they have some common rights, okay, if two neighbors share some rights, such as, you know, a road, let's say you have your house neighbor's house, and there's one street or a driveway that leads up to both houses, okay. If two neighbors shares some rights, such as to a roadway, or the water, right, that comes to home the well
each have the rights of preemption, and one cannot sell it without seeking the permission of his neighbor by offering it to them first.
If he sells without his neighbor's permission, his neighbor has the first right to what is sold.
Jab is narrated that the Prophet sallallahu alayhi wa sallam said, the neighbor has the most right for preemption with his neighbor.
One should wait for him if he is absent. This applies if there roadway is one. Okay?
I will Rafi also narrated that the Prophet sallallahu alayhi wa sallam said, the neighbor has more right to that, which is close to him. So the neighbor has more rights to that which is closer to him.
And that's referring to whatever the deal is between the neighbor. So like we were saying, if there's a road or a piece of land, that is between the two properties that they share together? Well, the neighbor has more rights over that, then another person who comes in offers wealth to purchase it.
And the last topic that we'll look at for tonight, which concludes the chapter is agency and power of attorney, right, assigning a trustee assigning someone so we can is to entrust an affair to another, another person and have it guarded by that person. in legal terms, or islamically. This refers to appointing another person to represent oneself either unconditionally or conditionally. Okay.
Now, some of these conditions we looked at, and some of these contracts and agreements we actually looked at at the beginning of this topic, beginning of this chapter. So if you want go back to the beginning, you know, you can look through the videos that we've already covered with regards to business transactions and contracts and fun, and familiarize yourself with some of what we've what we've taken and what we're talking about right now. I bought off it said the messenger of a loss and along there it was sending married maimunah or the Aloma and while he was not in the state of Iran, and consummated the marriage with her while he was not in the state of Iran, and I was the messenger
between the two of them.
Okay, the Prophet sallallahu alayhi wa sallam also gave someone authority to act on his behalf when it came to repaying a debt
when it came to implementing fixed prescribed punishments, and other acts, so punishments, for example, when you go to court nowadays, a judge will say, you know, your punishment is to, you know, spend some time in prison while the judge is not the one who's going to take that, you know, prisoner or that criminal to prison, put them there, the judge is not going to look after them and watch them, right. It'll be an off
Officer or, you know, whoever is is their guard police whoever.
the profits in the long run it who was sending them, you know, appointed others to carry out certain certain tasks. And as we see here, even conversing between to like being the middlemen to run between,
you know, carrying out certain tasks islamically, that is something that's permissible, including repaying a debt. So, if you give, if you owe someone wealth, you specifically have to be in that goes there to pay the debt off, you can appoint someone else to go and take care of that for you on your behalf.
And remember, we also mentioned that if a person is not able to, and this is something we covered weeks ago, if a person is not able to pay off their own debt, and someone else feels the need to or wants to get the rewards for paying off the debt, that person, then they can pay off that person's debt
and the disk cleared, or they can transfer the debt. Right, they can take on the debt themselves, and say, I will pay the remainder of your debt, you know, the $500 a month for the next year, for example, and you are, you know, relieved of this transaction or this debt that you have.
The Muslims agree or Muslim scholars agree that it is permissible to do this to appoint someone as like a trustee of wikia. In fact, it is recommended, right? It's a recommended act, and a form of helping, like we mentioned, you know, helping someone else in an act of piety and righteousness, so to go in to help them out by doing certain things for them, carrying out tasks for them, and sometimes taking care of that task for them, when they're not able to fulfill it themselves.
This is so because not everyone is able to directly fulfill all of their affairs, and sometimes needs to delegate others to act on their behalf. Now with regards to the agent, right, or the person who is running the tasks, right,
considered a trustee, they're considered a trustee, the profits, and the longer it will send them said, there is no liability upon the one who accepts a trust. So as long as there's no negligence, let's say, and we took this again, right, we've covered this earlier.
If someone gives you this item, and says, keep it with you, until I return from my vacation, and you keep it with you, and it's safe, right? Let's say you, you know, keep it in your car, or wherever it's in your home and someone breaks into your home and steals it. Well, you did your part by keeping it safe. Someone came and took it, they took your rights, and they took the rights of the other person, you're not responsible for it. Okay, you as long as there's no negligence, then,
you know, you're not responsible, that person is responsible for the loss of their wealth, they can't come around and say, Hey, it was stolen out of your house. Yeah, but I had nothing to do with it. Right. Other stuff was stolen from my house as well. And so,
you know, that's with regards to that
agent, or that what key, right, they are acting as a trustee, they're taking care of it, and they take care of it as best as they can. And if something happens out of their control, well, that's not their responsibility. If you wanted to ensure further, right, that your wealth would be safe, then maybe you should have kept your wealth yourself, or, you know, with you were in a different place.
And that's it. That's all that we're going to be covering and shuffled out of China. That brings us to the end of our chapter on business transactions. Next, we can shut a lot of data, we start the next chapter on oaths and vows. And I know some of you have been asking, again, which book are we using? We are using the concise presentation of the thick of the Sun and the noble book. Right. So for those that are wondering,
that's Translated by Demosthenes or bozo. You can get this
online, you can find it online, published by iph. Okay.
So that's it. business transactions done hamdulillah. That's a it's a very long chapter. There's a lot more of course, like don't think that what we covered is all that there isn't a dean No, we're basically just taking a very simplified
version of the the fic that we can study in Islam.
And again, it goes far deeper and there are massage. There's so many different scenarios that we can look at. But we don't want to spend years and years, you know, at half an hour 45 minute class once a week studying it would take us forever. So we basically go through surface level to give people a general idea of you know, certain things that may apply in our lives. And then if anyone has anything specific that they need to ask, they can always reach out and ask those questions, either to myself or to any of the Imams that are local the mams inshallah data
and that's that does not come along Clayton for attending barakallahu li comm
I don't see any questions. Let me just scroll and see if there are any, but I didn't really see any that I hadn't
Okay, I don't see any there. I
don't see any here.
So I don't see any questions. If anyone has any questions, feel free to ask now. Now's your time. Dinesh varkala FICO. It's always nice. Always nice to see you.
You know your little icon picture
in the corner there. Hope you're doing well hope your family is good and shot alongside any of us when we try to bless you and your family and your children and keep you all safe.
Oh, one question. When can we bring our kids to the masjid.
I've been saying this for for some time. And every time we open the masjid, you know, small children that are going to be running around, we can't have them running around the masjid. So if you're able to keep them with you for the time that you're able to pray, so you can come in, keep them with you pray your prayer and then leave together right? Especially if you have like children that are not going to run around. They're going to stay in their spot. You know that bring your family to the masjid hamdulillah set up your agenda. You know let them have their prayer mat as well. They could stand and pray as long as no one is running around the gym is closed. There's no basketball no
sports going on right now. But I don't know for anyone who wants to you know bring your family to the masjid then please do we want to see the masjid full again. And I was seeing this on Friday, just two days ago. At McRib time, there were quite a few people there and hamdulillah and I was saying you know what? Fridays usually at Muslim time the mustard was packed. So, you know, bring your family on Friday at muffin pray Salatin Maghrib prayer something and then you can go home afterwards. At least the family gets that feel that you know we're coming back to the masjid and inshallah you know soon we'll be able to resume classes there in person
bought a kilo fecal which is lucky malachite on subhanak alone over the ham digna should have been there in lantern and stuff. We're going to break some a lot of sentimental bargain and have you know, Mohammed Ernie was like me or send him or send him or any column or document to lie he robot accountable.