Financial Justice with family members taught
Channel: Hacene Chebbani
File Size: 72.59MB
hamdu Lillahi Rabbil alameen wa salatu salam ala Shafi moosonee Sina Mohammed.
He was happy as you may
have heard for coming tonight to this program let's Allah subhanaw taala and you vertical Anna Phil walked when you were a kid and FEMA Alina
ask Allah Subhana Allah to bless our efforts and bless our time and May Allah Allah bless you steps to this Masjid.
Tonight we'll be talking about financial justice with family members.
And I would like to start with this idea with this important iron sword as in the hell in Allah mobile as well as any waiter is in Cobra.
When her an infection, he will move very well buddy era lucam la la come to the Kuru. So Allah subhanaw taala is clearly saying that he commands justice.
And justice has to be done with everyone. And everyone needs to be treated with justice, including family members who are talking about family members as sisters and brothers. You need to do your part
there are many people who do not do not pay attention to treating family members with justice. Oh, she is only my wife, he's only my brother, he's only my uncle. So they try to they tend to abuse the rights of their own family members believing that it could be okay it could be fine.
If you take the wealth or you abuse the right of a family member or right of a family member, but Allah, Allah who I started this idea with the command of justice, we need to establish a justice before we ask governments and regimes and leaders to establish justice we need to establish justice within our families, with our own family member members, with our relatives with our neighbors with community members. So this is something very important here. Well it said Allah, Allah mobile s&p cliche that we we do when we do something we try to do it with excellence.
We try to perfect nothing is perfect, but we try our best to do it in the best way. liberality to kith and kin hoonah Lsn, Isla Akari and Elia mobile adhyayan. SLE what eater is in Cordova. So kith and kin, your relatives, your family members you need to sell at a Rohingya one, teach them with justice with kindness.
So this is basically this is our topic today in sha Allah, it will include will CEO, talk about the legal legal will that we are supposed to have here in Canada, and everywhere if it is needed, or if it is an obligation gifts to children. When we give gifts to our children, what are the rules that we need to observe?
fairness with all children child benefits? We get sometimes, you know, families capitals or dispute actually they have a conflict about how to deal with child benefits.
Well, if our children do we own it, or they own their own wealth,
financial justice between husband and wife and number six, maybe we're not going to talk about it today.
Family Business and fair dealing with employed family members, we will give more attention to the first five points in Sharla. So what is it was here I was here one has two meanings. There is a broad meaning of overseer.
Which means in English will, which is a legal declaration that you make in this country that would include inheritance, include your donation, it might include some instructions,
about you know, who you want to offer jenessa to leave your gender as a prayer or the way your family you want your family members to do your janazah so I will say I might include might include all these things. But we'll see in the Quran in the Quran in the book of Allah subhanho wa Taala is the donation that you want to be donated, you want to be donated after your death. You want your family member to take this money from your wealth and give it as a donation to a Masjid to assymetry to an Islamic school to some orphans. This is the wall see the term We'll see. This is what it means in the Quran.
is already Nisa. If you go to Surah Nisa, Allah Subhana Allah distinguishes between wasa and Dane which is debt. Right. We'll talk about this right now. How to I mean the priority
Whenever someone passes away, what are the things that the family his family members are supposed to do? So when we go to sort of the nissa alwasy here, it means this money, this amount of money that you committed to donate but not in your life after you pass away. So who would execute this was he who will donate his money, your family members? But was he engine where people talk about was he in this country, we mean, this legal declaration, that includes everything inheritance, tanika, miraz, the donation that you want to be donated, and it might include, as I said, other instructions to your family, you might include these things, that's okay, that's fine. And this is what usually it
is included in those documents that are provided by some Islamic organizations, oh, by the way, we have one in IRC, and if you want to look at it, it is on our website.
So, this is a basic definition, a legal declaration of how a person wishes for his wealth or her possessions his or how possessions to be disposed of after his death or her death. Right
now in salt in Nisha Allah subhanaw taala. If you go to the first two pages or three pages, Allah, Allah is talking there about the rules of inheritance. And within these rules of inheritance Atlas para to Allah mentioned and we'll see. So he would say in this is sort of nice, it was repeated maybe three times or four times mean, but it will see it you'll see via ordain. So after any bequest he may have or she may have Odette.
So now, but we know there is a problem here. We know that there is an agreement between Muslim Muslim scholars, but if when someone passes away, there are, you know, his family members have to observe some priorities, they need to pay attention to some priority. What is your first priority when someone passes away? What?
What is the first priority?
somos, el janaza, yes, the expensive visualizza it has to come from his money. And less and less some family members, whether in a volunteer, they say, I'll pay for everything. I'll pay for everything, that's fine. His brother or his father or his son, he said, I'll pay for all everything, that's fine. But basically, it has to be taken from his wealth. So his family members, they have to pay for the generous expenses from his wealth. This is number one, you have to take care of him,
like me, wasn't for him and take him to the cemetery. You can it's falaschi fire, what is falaschi fire, it's a communal obligation. When a group of people do it in the community, then the rest of the community is relieved from this obligation. If no one does it, and Muslim died, and no one offers this right for him, newer offers this right for him, then the whole Muslim community will be guilty if they know about him or about her. Because sometimes we have some Muslims who die in the hospital, we don't know about them. There are some cases we heard about some cases.
And I'm not going to talk about this because this has some other has to do with his or her relationship with the community. You know, if someone methadone lives in this community, and no one knows him, he has no relationship with any Muslim is obviously that no one we knew about him if he's sick in the hospital, and he passes away or she passes away in the hospital.
But anyway, if Muslims know about the death of their brother or their own sister, and they don't offer this right for them, then the whole community will be guilty. But if a group of people do it, then the obligation is fulfilled and this is called first keyfile. So here, Allah Hello, et al. And the second what is the second right we said number one, the expressive of the janessa what is the second right
Dane debt, so his debts have to be paid right?
Now but Allah subhanaw taala saying member It was a yet in UCB again after any because he may have or that? Why? Why did Allah subhanaw taala mentioned we'll see all the time before that.
Do you know the reason?
One of the
no, I'm saying here Allah is mentioning and we'll see you all the time in Surah Nisa, before Dain but we know that Dane has to be paid before it was here.
So number one is the expenses of the jhanas and number two, the Dane is dead.
And then number three overseer which is the donation the donation that has to be given on his behalf now but why else would mention and was he a before Dane all the time
whatever he wants to do
well it is declared let's say everything is declared
he left some documents we'll see about his Dane about the wazoo how much is committed for a donation
everything is there but Allah Allah is putting placing and was here before then but we know Dane is more important why is Allah placing the was here before then
install it in the SIR three times in the four times we'll see you're always mentioned before then someone said something here
okay their own ms said they said then there is one we have a Dane a debt obligation
okay. They should be a creditor who knows about his debt. And he will come to the family and say I need my money canadain hula hoop hollyburn there will be someone always there will be someone who will come to the family said you know, this person used to owe me some money and I need my money. But the was here could be written there and the person or the message which is supposed to receive symmetry or a Masjid Islamic school is supposed to receive this donation we need to know about it. So Allah Subhana Allah is mentioning and who was here last because it has to be to come before Dane he wanted to wanted us to pay attention to it don't neglect it. Yes, you have to take care of Dane
first debt pay his debts first, but pay attention if there is a car you need to fulfill. This was here his was here you need to pay this donation on his behalf.
That could be the Hikmah Allah to Allah Allah. Anyway, the ruling of this was here it is generally recommended, but it could be mandatory. So the ruler man he said if the person has some financial obligations, some debts, some loans to pay, then he has to have something he has to have a document he has to instruct his family, he has to leave something approve that he method and he owes someone else. So money and it has to be paid after his death. So the root Emma Lisa it is an obligation if he has
mandatory it is mandatory to have this was a year or this this document if someone has some financial financial obligations like this hadith here. So Allah says lm said Maha Kumari in Muslim the who Shea on your CV, Avi to Layla cheney in their wawasee yet who endo and then Hadith motorcyle barrio Muslim. So basically he said it is not permissible for any Muslim who has something to will. And it's a financial obligation, right? To stay for two nights without having his last will and testament written and kept ready with him.
And one lack of documentation might lead to different big problems. And I know a story. I mentioned this story before. A brother who used to live in Kuwait, he told me about it, someone who is it was a businessman. He was wealthy and he's dealing with people. So he made a big transaction with another brother.
And there was some document about that transaction. It was documented. So how much allow Alan but it was a big amount of money. With two people actually two business people. We made this transaction with him and everything was documented. So there was a debt obligation, but they were making every time they were making a payment. Every month he would make a portion. He would pay a portion of their debt without receiving a proof of the payment without receiving any proof for their payment. What happened is, he died this person died. And he told me the brother He told me these two people came for the first day and they stayed there with with the people came for the janazah until
everyone left. They didn't say anything. They didn't talk to his children kept quiet. The second day they came and they did the same thing. sat down together. They're watching waiting. Though they were trying to talk to his family about this. You know this problem that he made payments the maid repaid the big portion of this
This loan or this credit, but they don't have proofs and they want to discuss it with them, right? But they felt maybe it's janessa time, maybe it's not nice to talk to them about it now became for the third day and the fourth day until their children, his children felt like and these people, there's something going on with these people, what's wrong with them, and we don't know them. And they come and we keep quiet. And they stay till the end till everyone leaves and they don't say anything. So they approached them. And then they told them about this problem here.
The children went back to the documents that their father left. And they said, Yes, we have a document about your transaction that you may. It was a business deal, right. I don't know how much, but it was a big amount. But we don't have any proof that you made some payments.
We don't have any proof. And the brother told me the went to the court. I don't know what happened. The court. But it was a big issue. It was a big problem. And his children said we don't know you, we have a proof that there was a debt obligation that you owe our father so big money, but we don't have any proof that you made some payments. So show us your proof. There was no nothing documented. So allow me it this lack of documentation. Don't say you're like he's my brother. And I mean, death can might happen at any time. You're one. Don't say he's a good brother, I know him I will pray together in the same message will this thinking is not is not good?
Now, conditions for a valid was here. So why was he here and talking about what I'm talking about the donation that a person is supposed to make? So the donations of the overseer cannot be given to one of the inheritors. This is the first rule.
There is one exception. Do you know what is the exception?
In one case, it is permissible in one case.
I'm not trying to test your knowledge, I'm just trying to
participation and your attention, make you participate if it is possible.
So here are Rasulullah sallallahu sallam, CURV, Al Hadith and much more in soon in everyday wood. And the other books of Hadith. Besides the Imam Ahmed Muslim Mohammed in Allah Allah Cooley was in hopko further we'll see it anywhere. So is that Allah has given each rightful person their right, there's there is no bequest in favor of one of the inheritors.
If you do it on purpose, then you will create problems. You create hard feelings, people will be affected, it will be offended. They might do it make do against you after you've passed away. So Allah Salama will alfia and we know there are many stories, plenty of stories, painful stories about people making zoom injustice when writing down there we'll see
when writing down there we'll see. I'll tell you about some stories in general Of course we're not going to mention names, but here there is one case is permissible. Is Heller two give to make a was here to one of the inheritors.
No, xojo Masha Allah, how about your children?
Okay, if all the other inheritors are adults, and they are saying no minor among them. All of them are adults. And they are saying Yeah, and no one is mentally challenged, and all of them approve it.
Adults are saying and approve it. three conditions, they approve it. They say we're fine. When I give some extra money to our mother extra money to one of the brothers because he's in need, he doesn't have a job or something, then it's okay, that's fine if all of them approve it.
And no one no one is forced to give his approval.
No one is embarrassed when Allah is forced to give his approval because that could be that should be haram if he's not doing it with his own will. Now this is the first condition the second condition this donation should not exceed the third of your wealth.
What is a proof? The story of sad whenever you walk us all the route Am I using this story as a proof? This is from other sources of Hadith. He was in Mecca. Of course, of course was related to the prophet SAW sanlam he made his return Medina but during during the Fed. I'm not sure if that Mecca or hospital whether he got sick he became sick in Makkah. He was worried about his safety. He might have
He might die. So he Rasul Allah Selim came to visit him
to see him to check on him in the city of Mecca. He was there a Salah Salem was still in the city of Mecca at the time, as I said, so sad, because he said, actually two thirds. I'm not sure about this version, I reviewed the version of Emmanuel Buhari. The proposal that he made, he said, Do you think I should donate all my wealth?
And if you the version of emammal, Bihari, he said he told him there is a version that says two thirds in the beginning, but emammal Buhari, he said in his version said we will cast hold Rasul Allah says, should I donate all my wealth?
He said the other time he had one daughter, at that time, he had only one daughter, but the last parent Allah granted him recovery. And she felt and he he was blessed with four boys later on and some other children and Mashallah, he was blessed with a big family later on. But at that time, he had only one daughter. So here, he said, should I donate all my wealth as well as I sent him said no. How about half of it? A shutter? He said, No. How about a third said no koscielny begging grace. Allah says sell him to give him permission to donate halala give me permission to donate my well. So he said the third Rasul Allah says in them said now I'm a sudo caffee he said, Yes, a full theory
the third is okay is fine even though the third is still a big amount. And that's why the ruler Maddy said if someone wants to make a donation, it should be less than 33% because Rasul Allah, Selim said as soon as we finish it, so if it is 30% it should be fine 20 25% just because there was one last hassle, I'm told him as soon as we're full of caffeine, yes, the third is fine. But even though any, this amount is still a big amount. Now the reason Rasul Allah says, The reason the hadith of course, it's it's part of this hadith is there is another part that is missing here. He said, Let untether our water fatica avanir hiren. Minh entered whom Allah tanita for foolishness. He
said it is it to leave he said to leave your family, wealthy, rich and wealthy. To leave your inheritance, inheritors, rich and wealthy is better than to leave them poor or with nothing, begging people or other people for help.
So take care of your family. That's why the rude mid said, It is my crew, for a person who has limited financial means and he is not a wealthy person. He doesn't have enough money is makrooh for him to make a once a year. We'll see what I mean by was he I don't mean to document. It is important to have this document here who especially in this land, what I'm talking about talking about the donation to make a donation to include the donation in his was right, he said it is my crew. It is dislike if the person doesn't have enough money should leave. If he's not wealthy, he should leave everything for his family.
Why is that clear? One? Can we move to the other? Now these original conditions? We said no more than a third. And again, he's allowed to exceed the third in one case, which case
he's allowed to exceed the third
is a waterfall waterfall. So if they are adults, and they are saying and they approve it, so he's allowed to exceed the third if all of them approve it, they are adults insane.
He's allowed to give a will see a donation to one of the inheritors if the rest are adults and sane and approve it three conditions.
Now when it comes to inheritance here, one
off Allah subhanho wa Taala you know, did not leave his Leave it to us to divide our money because if he if he left it to us what will happen? What do you think?
Give it to a person or we create a mess, and we we treat each other with injustice. So Allah subhanaw taala did not tell us about the details of the five daily prayers for example, he didn't tell us how many records Do you find in the area in the Quran that says how many records we are supposed to pray in Salah to vote or how many records insalata Arsenal macgruber ha don't find these details right.
But when it comes to inheritance because deals with money, and I Lost Planet Allah knows our nature
We love money and we might control we might not be able to control our desires when it comes to dealing with money. He did not leave it to us he told us about gave us numbers when it comes to inheritance
numbers, the so and so we'll take half so on so we'll take quarter sawn so we'll take the third one. So we'll take one six and so on and so forth. And these most of these rules are mentioned in Surah Nisa, in the first three to four pages. This These rules are mentioned in Surah Nisa in the first three pages. Now, here at the end, he said these are the limits of Allah
Tinker who do the law
these are the limits when Allah says these are the limits of Allah that means you are not allowed to cross them. You cannot say this is money, my money, I earn it
with my effort, with my no with my skills with my knowledge,
and no, Okay, tell me what to do with my money.
Can he do that? Allah, Allah is saying he is the one who gave you this money by the way, he's the one who enabled you to make this money.
He empowered you to make this money, right? It's his money at the end. And he's telling us what to do where I'm like you are a halifa in this land halifa
right. And you are acting on behalf of Allah subhanho wa Taala say your wealth, you use it, you enjoy it, help your family with it, but at the time of death, Allah subhanaw taala did not leave it to you to to distribute your teddy k your inheritance. So he says that whoever obeys Allah and His messenger will admit him into gardens of Paradise in which rivers flow. This is the only promise of Allah subhanaw taala is promising here in Indonesia. He has promised that he will bless our wealth, bless our family bless our but in an era there is only one promise here one which is Jenna, that that's it.
And there are only two options gender or Hellfire and it's Allah salam, or Alfie.
But there is something I want you to pay attention to. He says here,
and whoever disobeys Allah and His messenger and transgresses his limits, he will send him into the fire of hell abiding eternally, then,
do you think if someone makes a mistake disobeying Allah subhanaw taala when when it comes to the rules of inheritance, or any other rules, he will go to Hellfire and stay there forever.
Now, asking for forgiveness.
We know Yeah, if we if you ask for forgiveness, you make it still far you make Toba? You repent to Allah Subhana Allah, Allah subhanaw taala is willing to accept your repentance. But let's say the person died. He created a mess in this area here. Big problem. He committed injustice and then
died without making Toba. Do you think he will go to hell fire and stay there eternally
gets written like
it's written there. Right. So I don't think any we don't have another option. No.
Okay, that's that's a good argument. But there is something missing.
Yeah, for him, but he's saying and he's saying if you transgress these limits, that you will go to Hellfire and you stay there forever
abiding eternally there in
Okay, sure. So Allah, Allah says, I'm willing to forgive all sins except Chirk, what he shared
justice associate a partner with Allah subhanaw taala. To to worship another god beside the last panel to Allah or so on and so forth. Major shake, and we have to be aware of minor shake. There is something important about this here. We have to distinguish between a person who believes in the message and this obeys Allah subhanho wa Taala. It's a weakness
in His sight, on his side, it's a weakness. It's a form of a weakness. he disobeyed the last panel to Allah but he still believes in the message and he could be he could might he might feel guilty about it. And between someone who is rejecting the message, this is about someone who rejects the message said no, I don't believe in this. How they're similar. Kufa is the plan.
What is cofra Stella? Allah saying this is Hara we say no, I don't believe it's Hannah metalor
Oh, purpose. Yeah. And it's a basic knowledge in the deen and someone said no, I don't believe Zakat is an obligation.
Why? I don't believe stealing it.
is a sin
right or cheating is a sin? Something yeah it is clearly. It was clearly made Haram in the deen of Allah subhanaw taala and this person is saying no I don't believe in it.
Right and my alumina Dean but verdura what is in my alumina Deen, but the rura basic knowledge Everyone knows that Zakat is an obligation in Islam. Right? And this person said, No, I don't believe in it. I don't believe in it. I don't want to give Zakat they don't want to pay zakat. But someone else might actually refrain from paying zakat. He believes that security is an obligation.
But he's stingy. Or he thinks that it's not a major sin. You know what I mean? He believes us Allah will forgive him on the Day of Judgment. He's not rejecting the message. So these here, this is this part about those who reject the message? The I don't believe in it. Do you see the difference?
In someone drinking alcohol because he loves to drink, right? But he believes it's haram and he might feel guilty about it. He's not Catholic, but someone else says, I don't believe it's Haram. Alcohol is not haram Allah says is haram in the Quran.
This person who said who's rejecting the message might become Catherine and this is called Cofer is the Hillel is making something harm making it something Haram, you make it Hello.
Of course, it is coffee. It is a form of coffee. He won't get out from the hell. I mean, I'm saying it's a form of coffee. It's a form of disbelief. So
I'm not talking about something that is not clear in the deen because there are matters that are not clear or the subject of disagreements between scholars. I'm talking about Mary Lou Mina Diem, the borrower is called basic knowledge. Everyone knows offering the five daily prayers is an obligation every Muslim.
If for example, he said once in his life,
even if he said
that, we're talking about a concept that is very important unless a person knows the knowledge that this is a basic knowledge. And everyone knows that this is hallette or this is haram. And he says the opposite. If someone lives in, in a, in a village, he has no access to knowledge, no internet. No, no, he mams no one around, he grew up in that village.
And with no access to knowledge, and he says something like this, Allah subhanho wa Taala might forgive him. Because he doesn't have he's excused. He could be excused a loser.
Right. But someone knows, I'm saying knows that knows that method. And these are the symbols. Because the problem is, of course, I'm in the examples that I know that examples that I know in our community and outside in other countries, I cannot confirm that these people were rejecting the message. But I know many families where the father or the mother decided to go against the rules of Allah subhanaw taala.
I know families method and the mother will try to put pressure on her daughters to give up the right in the inheritance and leave everything for the boys.
I know another family with a father wrote everything for his sons, unfortunately, and he didn't give anything and he was extremely wealthy, give a give nothing to his daughters. Now the daughters decided to take their own brothers to court. And it's been there in the courts for years. And the atmosphere in the family is is poisonous. So he created a mess within his own family. He left he will be taken to account for this when people advise him Do not write this was he do not do this? What was his response? He said, I know what I'm doing.
He said I know what I'm doing. I have people here in the community calling me say please, please, we want you to talk on the member about this issue. Our family members are oppressing us. They are teaching us with injustice talking about inheritance.
I know brothers and and members of the same family they don't talk to each other. They don't talk to each other. They didn't talk to each other for years because of this problem.
Because of this problem, money that's why oh my love I know you say in the Allahumma inni Aruba come in Malin who has ever recovery way interfere Oh
Oh Allah I seek refuge in You from wealth that I will be taken to account for in my grave, and other people will benefit from it. So you leave this wealth. You go to the grave you'll be taken to account for
This on the Day of Judgment for this money from where? How did you earn it? And how did you spend it but someone else will benefit from it? If you're leaving this wealthy your family then follow the guidance of Allah subhanho wa Taala.
Yeah, even I mean, Allah subhanaw taala has given the right to everyone, to every family member to inherit his share, right? Do not try to change it.
Now when it comes to gifts, and how much time now is left?
He 844 or 54. So we have like half an hour, or more, a little bit more than half now. Left. Okay, that's good. So let's talk now about gifts.
Okay, wait a minute here
to cover this.
Now there is another problem, some people might decide to divide their wealth while they're still alive.
While they're still alive, and this might create some problems. The first problem is, is he allowed to? is he supposed to follow the rules of inheritance when dividing his wealth? Or is he supposed to give everyone the same share between girls and boys were masking. Wait, take it easy.
So it's a matter of disagreement. So he created a problem he had there are people who do it
because they believe that his own children or her own children might have
a dispute after his death or her death, right? So they like to settle everything and divide all their wealth while they're still alive.
Now, what I believe is my personal choice, Allah, Allah, Allah, if the person is doing it
with the intention of distributing his inheritance,
then he should you told the rules of inheritance. If his intention is to give gifts, he's still alive. He left something for himself. And he said, I want to I don't want I don't need this money. He doesn't have inheritance in mind. What he has in mind, he wants to benefit his children, give them you know, gifts, spensive car house apartment together. He doesn't have to follow the rules of any he will be just giving gifts. But he has to be fair, when it comes to giving gifts. We'll talk about this fairness and this justice.
But it is disliked in Sharia. I know someone who divided everything. And then he got sick. He was sick, actually, when he divided everything. And then Allah granted him recovery. He lived for a long time. And he regretted that decision that he divided everything between his children, because they didn't care. They didn't take care of him. They neglected their own father. Now
So this is number three is very pointedly one this distribution of wealth could be a major sin if someone does it with the purpose what
then nine denying one of the family members his right of the inheritance.
Okay, he doesn't want like he said, let me distribute everything before I die because I don't want so and so to inherit
me after I die.
If someone does it with this purpose, then it could be a major sin, whether there can be a call mcaloon idre roofing was a 80 minute cover. So they said injustice when writing your was a year is a major sin is not a minor miracle.
something that changes over the years.
There's something new in front of you
because you do something like marriage or something.
Yeah, you cannot do that. If he's still Muslim,
the person is still Muslim. After the person dies. This Muslim child has a right to inherit his father.
Even if he's a simple person who drinks alcohol, actually, I got I was approached by some parents thinking the same way
to exclude one child from the inherent
Since from the overseer, because he's not a good Muslim,
he cannot do that.
As I said, if he's still Muslim, he cannot do that.
Oh, of course, yeah, the majority of Muslim scholars.
They believe that the person who used to he prayed, he prayed, he offered some prayers for the sake of Allah spend in his life. But he quitted, quit or on an offer, he's still Muslim.
If someone method and did not offer any prayer, during his whole life till the age of 60, or 70, and he died without offering one single prayer, this person might actually leave the fold of Islam. This how make a balance between the two opinions, there are two famous opinions regarding dismissal. So if the person and you cannot make a decision about another person who say he's scared, you cannot make this decision.
Because you don't like his behavior or his lifestyle. You cannot make, you know, when we talk about cofa, we talk about concepts. We don't talk about people, when it comes to individuals, it's a different story. To a single out a person he say he's careful because he's doing this and this is not easy. It's not something that is up to us in a Muslim state, is this job is done by a kadhi by a judge
what I'm saying if you still Muslim, you cannot exclude him from
from the terrica from the mirror.
While this what I'm saying, it is not up to you now to it's very difficult to I mean, to say, no one will give you this right to say like, he's careful to make a decision about a positive decision about him, but that your brother or your son is Catholic, and and so and therefore He doesn't deserve his share from the inheritance you cannot do that.
If even if he's a sinful person, you leave the overseer. And then his relationship between him and Allah subhanaw taala his sins are between him and our last panel towel.
You try to protect actually by following the rules of Allah subhanaw taala you're protecting yourself.
You're protecting yourself, you're not going to do anything with this money, you're gonna go to the grave here, one without this money. So leave it behind, do the once a year based on the guidance of Allah subhanho wa Taala. And then the rest of the family will take care of it right? If they do something else, something different than it's their problem, they will be taken to account. Do it in the right way following the guidance of Allah Subhana Allah and that's it. Now when it comes to giving gifts to one, now their own ama in general, the said parents have to observe the rules of justice and fairness. And this is the proof How do you think men have been wishy washy? He said, my
father gave me a gift and it was a significant gift. And I remember she had two wives or three wives, I'm not sure. So he gave
one child a gift and his mother wanted to confirm this donation. So he she asked her husband to go to the Messenger of Allah and ask him to be a witness for this donation or this gift. So Rasul Allah says, Allah, Allah, Allah, Allah Allah, Allah Joon, ha, you know, do you have other children? Like him? He said, Yes. Did you give them the same thing? He said, No, he said LA to Sydney, Allah who did not ask me to witness an act of injustice. Then in a different version, he said, the tech Allah fear Allah, where the lubaina radical fear Allah and teach your children with justice. I'm not talking about lunch or dinner or a sandwich.
Or pocket money, pocket money could be given to Mathur in a different way, someone who is going to university give him $20, right? a child who's going to grade three or grade two, you don't give him $20. Maybe you give him $2 or $5. I'm not talking about this, here fulfilling needs, right? I'm talking about someone coming to one of his children. He loves him he is he has a good relationship with him. He gives you gives him method, an expensive car, 10,000 car, or 15,000 car as a gift, right? And he doesn't give the rest of the children. So now this is an act of injustice. Based on this heavy the hadith of a man who Bashir there are exceptions. What are the exceptions?
fulfillment of needs someone methoden wants to get married, one of your children wants to get married and he doesn't have enough money to get married. Right? So you help him give him 5000 to Allah. You don't have to give the rest of their children 5000 each one 5000 because you're fulfilling your need. You're not giving him a gift. Because you love him when you have a good relationship with him. Well not know. There is a reason here. He wants to get married.
And you want to help him with the marriage expenses. So that's okay. You don't have to give the rest of your child the children the same amount, or someone is going to university and you want to pay help him with his fees. That's okay. You're fulfilling and need. You don't have to gave him 3000 Yeah, you have five children
or six children and he give each one 3000 because he gave him 3000. That would be 15,000 Tula big budget, right? And no, that's not what is meant here. So you fulfilling a need, or anything, anything, when you fulfilling your need method someone needs to do
some medical, he needs some medical help. And you're paying for his medical expenses. Will that's okay. So here, this is an exception here, one.
You have multiple kids in school, they all have any meaning. Why not?
I mean, this is injustice if you fulfill the needs of some of them, but you know, the other ones need to make a try to make a balance.
Right? Why do you prefer someone who gave him he helped him with his fees, and you don't help the other one.
Unless you don't have it was someone a mess, and the second one went to university, and he don't have money at that time. That's a different story. It's an excuse here. That's what I'm talking about. I'm talking about a regular situation where you are able to help everyone but you help only some of them, and you ignore the rest, then this is a form of injustice. Right?
Now, if needs are their own ms said if needs were fulfilled, then there is no need for settlements or adjustments at the time of death. There are people who do it at the time of death when the right there was here. A mother would say, you know, when Ahmed was getting married, I helped him with 10,000 or 15,000. So take it out from his inheritance.
Well, it's very common actually, by the way,
the old me he said, No, there is no need for that.
Because when you gave him this 10,000 or 15,000, you're helping me you fulfilling your need. So there is no need for that what is left. As inheritance, people should divided the way the Quran says we should were supposed to divided.
Now, let's talk about parents and the wealth of their children. Now there is a famous heavy one, which was one last SLM call, until we're Malou Kelly Abbey until Malou, Kelly abic Alam here in the Arabic language, could could be lamb and milkier, the Lamb of possession, and it could be the Lamb of Eva, lamb and Eva, Lamb of permissibility It doesn't mean that your wealth belongs to your father, it doesn't mean here that he
he owns your wealth. It doesn't mean here, it doesn't mean that he owns your wealth, you are the owner of your wealth.
But it means that your father is allowed to benefit from your wealth at times of need, with some conditions.
I'll make a motion these conditions. So, they said it is moved back, it is permissible for a father at times of need to take some money from the wealth of his child even if it is without his permission A times of need this is the first condition with some other condition. The second condition is he cannot abuse the rights of his own child like means that you know this act should not affect the basic needs of his child. If his child doesn't have savings,
he doesn't have savings, all the money that he has he needs it for his own basic needs to spend it on his basic needs. So, the father is not allowed at this time to take from his this money because his son will be a child who will be affected number three, he said he cannot take it from one child and give it to another child
right. If he himself is in need as a father or a mother then we can take from the money or the wealth of their children to cover to fulfill their own needs. I said it has to be you cannot take this money because he wants to go on a vacation to Mexico. Right? or to even Umrah or Hajj you cannot do that unless you know your your your child but then helps you that's okay that's that's that's that's fine. Anyway, so the children when it comes to child benefits here who are the children are the owners of child benefits.
Yes, it comes this money comes to the account of the mother usually, if she has a separate account, if she doesn't have a joint account with her husband, right, but it doesn't mean she is the owner of this money.
And I hope that the sisters are listening to this, it doesn't mean that they are the owners of this money.
Now it is permissible to mix money, this money with a family, the budget, the family monthly budget t and e, okay? Because you are spending them on the family.
Or some people decide to save this money for the education of their children. That's another option and it is okay, that's fine. Saving this money for the education, but you need to spend it on the children, it's their money.
So the mother does not own them, and the father does not own this money.
And it is permissible to use them or personal need arises, you know, based on the three conditions that I mentioned by one.
Now, woman and financial independence, there are some brothers who believe that women are not financially independent, which means that he has to, she has to give him her check her salary every month.
She doesn't have the right to spend her money or to own her money, which is not right.
Majority of Muslim scholars
are very some scholars who disagreed about some points, but all of them believe that women are financially independent, which means if she is working and making money, it's her money, you cannot force her to give you her money. You cannot force her to do that.
Right. Now, when it comes to woman spending
and contributing to the family budget, yeah, either the family expenses, the monthly expenses, paying the bills, buying some grocery buying things for the house.
This is a big problem that one Why? Because many sisters do it without any agreement or when they do it.
If there is a disagreement, Talat at the time of talaq, she wants she wants every penny that she spent on the family.
And how did we solve this problem or the MS solve this problem in North America, the distinguish between the monthly expenses, the regular expenses, and the money that was given as a contribution towards the purchase of property, or establishment of a business.
So at the time of disagreement, if there is a divorce, for example, this is how we treat this money if she was spending, helping her husband on a monthly basis. If she wants her money back, she needs to make it clear from day one, and tell her husband that I am giving you a loan, because he's the one who's supposed to spend on the family, right?
If she doesn't say anything, and she volunteered to spend, she doesn't have the right to ask for this money at the time of divorce.
But I'm saying are you laughing? Because no one does it when everything is fine and dandy, right?
When they love each other, they have a good a great relationship. They don't do it.
They don't do it. I mean, this is who we are.
We don't do it. But But when it comes at a time of disagreement, everyone will would treat the other person like a shaitan. Right.
It's a different story, they are allowed to do that islamically they are allowed to do that. But when it comes to her contribution towards the purchase of a property.
Now, yes, this is respected. There is no need for an agreement if he paid towards the purchase of a property or she gave him money 10,000 15,000 to expand his business business yeah for you. We're not spending the family that's your business. She has the right to receive her money back
and rely on my new family America are distinguishing, making a separation between the these regular expenses. And between this contribution as I said towards the purchase of a property, real estate or the establishment of a business. Is that clear one
in America is the only one who disagreed about something
He said that a woman is not allowed to donate more than a third of her money without the permission of her husband.
Just second, I'll come back to you. If America is the only one who had this opinion, majority of Muslim scholars did not agree with him.
But here I would say something. If you are making a big donation, even if it is your own money, it's nice to consult your husband.
It's nice to include him in your plans, you are a family and you are doing something for the sake of Allah Subhana Allah, Allah will appreciate it. If you consult your husband, you talk to him, do it together. include him in your in your plans. It's nice. But islamically you are allowed to donate from your money. It's your money. He cannot. He cannot say No, you are not allowed to donate from your money. He can't he can't do it. Now obviously.
It's Dane. Yeah. So the delayed portion of the murder of the dowry is a day.
It's a day that needs to be paid from your inheritance.
tax is a cat on behalf of your
data. Yeah, I mean, you're paying Zakat for your money and why do you still have it it's part of your money you'll be paying Zakat, so there is no need to single out him or her the right portion. You're paying Zakat, if you are not, don't have the obligation to pay zakat, you don't pay zakat.
But if you have enough money, you are wealthy and you have to pay zakat, you will be paying zakat. So you don't exclude that money when it comes to the cat. you exclude only what you are supposed to pay in the next 12 months. That's it. So you exclude only short term loans. You don't exclude when paying is a cat. If you want to exclude debts and loans, you exclude only short term within what you are planning to pay back within the next 12 months. Method someone bought a house through conventional mortgages. And he asked to pay his house within 25 years and his 400,000. You know, at this point, this person, if he excludes all this money from his his wall, he will never pay zakat,
most likely right. But you exclude I'm not talking about mortgages, you know, mortgage is a different story. Let's talk about general because mortgages has some, there's some issue with it. When it comes to paying Zakat, or excluding this, this amount of money, but let's say talk about regular loans and debts, you only exclude what you are supposed to pay within the next 12 months.
But this matter is clearly who I am now.
What I mean at the time of divorce, we don't have islamically we don't have 5050.
And it should Yeah, yeah, and if the person is giving 50% of his wealth to his wife at the time of divorce, of course this is not Islamic. But this is no more if he's giving her a will of course, he can deduct, he can deduct his his or include the more her the delayed portion of the bar in this 50% below to Allah Allah. But as long as she didn't contribute right to the purchase of the house, all his properties will lay in automated solution.
For example, we pay we pay taxes, taxes for the for the government. Let me let me finish now. You know, I stopped questions, keep it in mind. Let me finish the presentation. And then we start dealing with questions right. We still have like,
maybe 15 minutes shall
type now guardians and the wealth of the orphans year one.
This is a
agreement agreement between all Muslim scholars based on the water loss. Mandela said in the Quran, that it is a major sin to consume the wealth of the orphans without any justification. It is a major sin. So someone who is sponsoring orphans in his house, if they have wealth, they have money, you need to protect their wealth. But of course, we said the Guardian might pay himself some fees.
If he is in need of financial support. This is permissible. He's taking care of two children. They are wealthy and he doesn't have an income. Right. But they have money. It's helpful for him to pay himself fees for taking care of those these two children
if he is in need, so the Quran he goes over to Nisha Soltani sir. You'll find
This in the first pages you find this instruction there is he is well off, he's wealthy, and he doesn't need any fees. He shouldn't take any not she take anything from their wealth, you should protect their wealth, and give them their wealth when they reach the age of puberty or maturity.
maturity because some people might reach the age of puberty where they still
they're not responsible, and they might actually and their own family said we should test them these orphans when they grow up, we test them. If they become we feel that they are, they became responsible, and they know how to deal with their money, they will give them their money.
So now your question, what is your question? I think
the problem is that you're paying two times. You know, like you pay zakat, for example, you and you pay taxes, taxes. So
is there any solution? What's the solution? For example, you you earn 100,000 per year, you pay 60,000 for the government
and you have to pay zakat
Okay, so, what do you have an income and you pay the taxes, whatever is left, if it exceeds the nisab then you have to face a cat.
What is the nisab these days in the last three years is around 4500. Then the SOP, the nisab that is the minimum amount of money that you must have before you it becomes an obligation upon you to pay zakat, which is the equivalent the price of what 85 grams of gold 85 grams. Of course, when you have this amount, which is these days 4500 Canadian dollars, if you have above this amount, then you have the obligation it is an obligation upon you to pay zakat. Okay when you regardless of how much you pay to the government, regardless, regardless, you need to keep that, you know, as I said, your taxes will be excluded when you prepare your taxes, they will be excluded, the payment will be made,
whatever is left, if it is above this amount
4500. So what do you do with and some more, let's say, I'll start with someone who didn't have an saving a graduated, and he started working, he will keep he a it's it's an obligation upon him to keep watching his savings, he will watch his savings when they reach 4500 these days, then he should mark this date. And it preferably he should follow the Islamic calendar, which is Russia or chabanne on Mohammed suffer. It doesn't have to be Ramadan. It doesn't have to be Ramadan, most people like to give their Catholic grandmother when he will wait for one year. Okay, if after one year, the next regime, we are in the month of Russia, let's say in this month, my savings reached 4500. Now this is
the nisab I have to wait for one year, next rajdip 2020, right, I have to check my savings. If that 10,000 I have the obligation to pay
to 2.5% on the on the 10,000 on the 1000 let's say after two months or three months, my savings went down to 1000 because I spent then I can cancel this calculation, and then wait until my savings reach again 4500. And then I start you know, counting till next year, 12 months past, if 12 months past, then I pay the Zakat on how much I have everything I have after of course the taxes are paid and you are allowed to exclude the debts or the loans that you are supposed to or you're planning to pay within the next 12 months.
Okay, now I will give a chance to a sister Yeah.
what happens in a situation, let's say that takes the person out of the pool.
It's a big thing when that happened when it's a very big, let's say a woman when he rejects a basic, a basic attendant to faith.
Inherently very common and penal law. Let's say a woman is very bad.
Okay, what I mean rejects he doesn't believe in the message. He doesn't believe in what Allah said in the Quran, discovering.
It doesn't mean that he's not willing. Eonni he still believes in the message of the Quran that this Quran is from Allah subhanho wa Taala and this is the guidance of Allah but Allah
I don't want to give this money to so and so.
Yeah, so inside, he is not rejecting the rules of Allah. He just doesn't want to give his money to this family member of that family member, there is a difference between the two people. Are you able to see the difference first? Okay.
I personally witnessed, my family was leaving work, she did not want to pull the trigger because the mother had suffered. She was an orphan, and she wasn't
from the rest of relatives. So she basically divided
amongst her children, more than me, girls. And when we spoke to her about it, she was like, No, I've never been more concerned about this business. What is going on?
In this situation, I would say only Allah knows what is in her heart. And Allah will judge her on the Day of Judgment. It's not up to her to pass judgment over a person because we're not sure. She's not saying I am any I'm rejecting these rules, because it depends, you might the person might use this term, but he still believes in the message. So any we cannot pass judgment over these people. But we talk about the concept because it is mentioned in the Quran in the book of Allah subhanaw taala. It's good to remind people about these concepts without passing any judgment upon them. Is that clearly one
I have 4500 4500 money I have. So to start, that I have to get set up, starting for the whole up for one year. If the money is more than 5000 become ceased out, for example, I have to pay $4,500 No, you pay cash for everything you have after one year had passed.
Yeah, I know. I know. I know. You got this 1000 just two weeks before your deadline. Right?
Yeah, so you had this money saving for 5000, for example. And then before the obligation of paying Zakat came, which is like within two weeks, you got this 1000 to 2000, surfy saving suddenly became 7000. Are you allowed to exclude this 2000 because you just received it, and you pay only on the 5000 that you had for one year. Right. Now, most of the people, most of the people I would say 99% zero point 99
the following one way, because there are two ways here, the first way which is paying on everything,
and you have a peace of mind, you'll be paying some extra money for up paying Zakat before time for these 2000 that you just received recently. But most of the people because if you follow the other way, which is permissible, so you have to have a hell for every income, every income and you need an accountant for that. Right? For every income this month, I earned this 1000 so you put it down and then then you have to you know, I mean it's too much. So most of the people I would say everyone is following one way one way just to give you give us a card from your savings at a time of your you know, when you're when you're supposed to pay your Zakat, and that's it.
include everything you'll be paying, as I said before time for some money, but that's why it is permissible to pay zakat before time. It is not permissible to delay the payment of Zakat without a valid reason.
Yes, brother. There was brother here. Okay. malyshev sorry.
Child, why would that
money is a parent
Yeah, to to raise their children. So for example, say you're getting 500 bucks
but money to see your car breaks down.
If you're saying it right. You can't take that you can't you can use it the brother is saying here How about if your money you need money from this child benefit to you to fix your car, you can fix you use it to fix your car as I said, parents are allowed to take from this money when a need arises. And plus, using this car to do what to serve your family to
Give them give them a ride to the school, buy food for them. So that's okay. As I said, if you include it in the mozzie, within the monthly expenses added to my, that's fine, that's perfectly fine. The problem is there are some people who at the time of divorce again, unfortunately, the mother says, No, this money is coming into my account, it's my money. And the father said, I need I want you to give me this money. And I got, oh, he uses this money to expand his business. And he doesn't want to pay back the money, because it belongs to his children, for example, right? And he doesn't want to spend on his children. There are many cases in our community, many cases, I don't
want to talk about these problems. But in general, I'm saying this money belongs to the children, and it has to be spent on them. If it is included in our monthly expenses is fine, that's perfectly fine. Whether you're fixing the car or fixing something in the house will lead that's fine. My next question would be related to child support.
Child Support is the right of the child and does not belong to either parents and their parents and the parents who received the child of the mother who receives the child suppose the father is supposed to feel Allah spent Allah spend it on the children, and that's it. If the government child support in the right of the child, can we have child support in Islam, by the way, too? So my question is, can be is out of the Catholic Church Chow from work away? A juggling
what if the other parent is refusing to pay child as a parent? Because that parent says is the one pay isn't your responsibility? Can you then turn around it is the responsibility of the father to spend on his children is the judge said method and passes a judgment over the mother to pay child support to the Father. This is not Islamic. It's not Islamic. It is the responsibility of the father to spend on his children. It's very clear.
Yes, brother one brother racism.
Now we forgot about the will. Okay, that's okay, fine. That's okay. This is a cat question. Right? You have 1500 today,
for some of us have been able to save 1000 a month. So it's 12 months from now we have 17,817. This is what people are doing. This is what all people are doing. And it's easy. On that day. On that day, when you are supposed to pay your Zakat, you pay on the whole amount that you have, unless you have some debts, and you're planning to pay them back within next 12 months, then you are allowed to exclude them from your money. And then you just pays a cat on the rest. And that's it.
Okay, this is related to our program. Could you raise your voice please? Yeah, so my question is that you said something lovely to your wife.
you're not allowed to give extra money to your wife or any other family member from the overseer from the overseer, unless all the rest of the family members are adults. And they are saying no one is mentally challenged. Because these people cannot sign a contract. He cannot give an approval cannot take an approval from a minor he doesn't know his own benefits. He doesn't know what he's doing. He will just sign because you tell him sign this paper. I mean this not right. So you write
all of them without forcing anyone to give his approval or her approval?
Oh, it's okay. It's valid. If everyone approves it, everyone is fine without with their own will. Right, they're not forced to do it. Then it becomes helpful to give one of the inheritors from the third or to exceed a third in your worst thing you want to give 40% of your money to the mercy to IRC for example, Masha Allah,
you talk to your family members, and they all have the same Mashallah This is a good organization, we like them and we want to support them all they might say something different. Allahu Allah depends.
Can you do that's a different question. No. They have to give the approval. If it is verbal, it is accepted. But of course we need to document these things.
That's getting married and then we give him
the rest of his brother.
you're giving him a house and apartment, you only, for example, right, you own an extra apartment.
And he's getting married and you're helping him.
They don't have the right to the rest of the family members, children, they don't have the right to stop for their father, right? Because if he believes that he's fulfilling your need, but I would say, I would say, you want to help your child, one of the children because he doesn't have a shelter, you have to be reasonable Yanni. As a father, you do want to create a bad atmosphere within the family. So instead of giving it to him, you might rent it to him or give, allow him to use it for free. When you when the person dies, then these apartments becomes part of the inheritance and everyone will benefit from it.
Because if you have only one extra apartment, and you give it to one child, because he's getting married, and the rest of your children are not happy with it, and you might create some
in one country in one country, one one father was mistreating one of his children, or he was not dealing cheating him with justice. I'll tell you about this story. I'm not going to mention the country. Yes, because we have some people from this country, but I'll just tell you the story.
So this father was used to because they lived in this country. And I knew about this story.
I lived through one year. So he
It was not based on the version of this child and what this child was telling his the other people he was mistreating him his father was not treating him with justice. He gave his the rest of the children you know some properties you can give him anything. So there was an argument what time they met him in the market in front of people. And there was an argument between the Father and the Son.
The son, of course, abused his father that moment, and he started insulting him and screaming at him in front of other people.
Anyone arguing, till walking until the reach of the house, their house, the house of His Father and the Father. He went inside the father, he took his gun, he went on the top of the house.
And his son was still there, he killed him.
Because he's also.
And then, of course, the judge when it went to the court.
The judge made a ruling that the Father has to give a huge piece of land as the blood money to the wife and the children of his own child, right.
As a panel of people in that village, were saying, Yeah, and if he gave him this land before,
and treated him with justice, this problem would not have happened. He killed his own child.
Right. And his child was inciting his child was insulting him in front of people. And it was a big story in that in that area. So anyway, I would like to stop with this malesia I'm sorry. If you have a private question. We can talk about it after the Salah for a little bit, or we leave it till maybe next Friday. Next Friday. We're planning to talk about supplications for paying loans and deaths. There are some people who want me to talk about these applications. So we might do another PowerPoint presentation you will see the data in front of you. I will try to explain these two essence applications which are supposed to help us in sha Allah when it comes to paying our debts
and paying back our loans. shakaama low payments panic and lower home diksha do you know I learned Mr. Furukawa