Financial Justice with family members
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Channel: Hacene Chebbani
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AI Generated Summary ©
The speakers emphasize the importance of establishing fair treatment for all children, family members, and neighbors in Canada, as well as setting rules for gifts and donations to children. They stress the need for children to fulfill debts and maintain financial obligations to avoid creditors and negative consequences. The program provides monthly income for parents to invest in their child's education and empower them to pursue their interests, emphasizing the importance of parents investing in their child's education and empowering them to pursue their interests.AI Generated Transcript ©
hamdu Lillahi Rabbil Alameen wa salatu salam ala Shafi mursaleen say Nam Hamid was early he was savvy as you may
Zack Hoolahan for coming tonight to this program let's Allah subhanaw taala and you very colorful, worked when you were a kid and Fer Molina
We ask Allah Subhana Allah Allah to bless our efforts and bless our time. And may Allah Subhana 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 in the hill in Allaha will be largely will Cerny where he is in Korba
when her and in fascia it will move very well buddy era LUCAM La La come to the karoun. 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 they're talking about family members and sisters and brothers. You need to do your part
by
there are many people who do not do not pay attention to treating family members with justice. Oh, she's 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 Subhana Allah Houda better having an idea he 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 so an Allah subhanaw taala more beliefs and equally shape than 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 Illa Allah Karim and Allah Mora will add us anyway Eater is in Kuba. So kith and kin, your relatives your family members, you need to sell at a Rahimi one Cheetham with justice with kindness. So this is basically this is our topic today in sha Allah. It will include what sia will 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 couples or dispute actually they have a conflict about how to deal with child benefits
while of 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 inshallah. So what is it was a year I will say one has two meanings. There is a broad meaning of an vasilia
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 generous to lead your Janaza prayer, or the way your family you want your family member to do your janazah so I was here might include might include all these things, but we'll see in the Quran in the Quran in the book of ALLAH SubhanA wa Atana 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 message it to a cemetery to an Islamic school to some orphans. This is the wasI The term was here. This is what it means in the Quran.
In surah Nisa, if you go to Surah Nisa, Allah subhanaw taala distinguishes between wasa and Dane which is that right? We'll talk about this right now. How to I mean the prayer
is when someone passes away what are the things that the family his family members are supposed to do? So when we go to Surah Nisa, l was 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 will execute this was a Yeah, who will donate this money your family members, but was here in general where people talk about was in this country, we mean this legal declaration, that includes everything inheritance Tanika Marathe, 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, i 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 health, possessions to be disposed of after his death or her death. Right.
Now in Surah, Nisa, Allah subhanaw taala. If you go to the first two pages or three pages, Allah subhanaw taala is talking there about the rules of inheritance. And within these rules of inheritance, Atlas pelota, Allah mentioned and Maaseiah so he would say in this is Surah Nisa, it was repeated maybe three times or four times, main body will see it in you'll see we have our Dane. 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 no his family members have to observe some priorities. They need to pay attention to some priority. What is the first priority when someone passes away? One?
What is the first priority?
Now?
Someone said Janessa.
So what's your Janaza? Yes, the expensive division is it has to come from his money. Unless Unless 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, they have to take care of him.
They can make a hostel for him and take him to the cemetery. You can it's fun for the fire. What is a forest Kiva? 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, nor 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 met her and lives in this community, and no one knows him, he has no relationship with any Muslim it's obviously that no one we know about him if he's sick in the hospital, and he passes away and 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 Kiva. So here Allah subhanaw taala and the second what is the second right we said number one, the expressive of the jhanas what is the second right
there in debt, so he does have to be paid right?
Now but Allah subhanaw taala is saying member they will say yet in you'll see we have a day in after any because he may have or that Why, Why did Allah subhanaw taala mentioned was the year all the time before that.
Do you know the reason?
One of the
dough I'm saying here Allah is mentioning it was here all the time in Surah Nisa, before Dane, but we know that Dane has to be paid before it was a year.
So number one is the expenses of the journals. And number two, the Dane is dead.
And then number three I'll we'll see here which is the donation the donation that has to be given on his behalf now but why Allah would mention it was here before Dane all the time
now
whatever he wants to do
well it is declared let's say everything is declared
he left some documents we'll see about his day in about our see how much is committed for a donation
and
everything is there but Allah Subhana 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 car three times or four times? We'll see you're always mentioned before then someone said something here.
Okay, the owner said they said then there is when 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.
And then hula hoop hollobone There will be someone always there'll 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 Wasaga 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. Maybe we don't know about it. So Allah subhanaw taala is mentioning it was here last because it has to be to come before then. 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 was a you need to fulfill. This was here his was
here you need to pay this donation on his behalf.
That could be the Hikmah Allahu Allah Allah Allah. Anyway, the ruling of this was here it is generally recommended, but it could be mandatory. So the rule number they 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 Matheran he owes someone else, so money and it has to be paid after his death. So the rule ama they said 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. Salah salem said Maha Kumari in Muslim, the WHO che on your CV. You have e to Leila teeny Ilya was here to who in the HoH and then Hadith Moses recited Bukhari Muslim. So basically, he said, It is not permissible for any Muslim who has something to do with you. 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 yeah, when lack of documentation might lead to different big problems, and I know a story. I mentioned this story before.
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 Allahu Allah 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 will making a payment. Every month, he would make a portion. They would pay a portion of their debt without receiving a proof of their 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 who came for the janazah until
everyone left. They didn't say anything. They didn't talk to his children kept quiet. The second day he came and they did the same thing. sat down together. They're watching waiting. You know 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 these people are 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 approach 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 made. 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 Allah this lack of documentation and you don't say 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 May 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 Wassaic 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
get your
participation and your attention. Make you participate if it is possible.
So here are rasool Allah Azza wa sallam Carvill Hadith and mature in sunnah and everyday route, and the other books of Hadith besides Imam Muhammad Musa Dima Muhammad in Allah Allah equally words in hepco, Fela will see you tell you if so is that Allah has given each rightful person the right Thus there is no bequest in favor of one of the inheritors.
If you do it on purpose, then you will create problems. You create hurt feelings, people will be affected, you will be offended. They might do make dua against you, after you pass away. Salah Salama will Alfia and we know that many stories, plenty of stories, painful stories about people making zoom in justice 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 wasa to one of the inheritors.
Knows Xhosa 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, 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. You want to 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 the proof? The story of sad whenever your cause or the root ama using this story as a proof is Buhari and some other sources of Hadith. He was in Mecca. Of course adware will cause was related to the Prophet SAW Selim he made his ritual Medina but during during fit, I'm not sure that humbucker or hospital were there. He got sick he became sick in Makkah. He was worried about his safety he might have
He might die. So he Rasulullah saw Selim came to visit him.
To see him to check on him in the city of Mecca. He was there. 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 a mammal Buhari. The proposal that he made, he said, Do you think I should donate all my wealth
and review the version of a mammal Buhari? He said he told him there is a version that says two thirds in the beginning. But Emmanuel 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 a time he had only one daughter, but Allah Subhana Allah granted him recovery. And she felt and he he was blessed with four boys later on and some other children. I'm not sure Allah 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? So Allah says send him said no. How about half of it? A shutter? He said no. How about a third? Sadly Oh, Cassie, Annie bagging grace. Allah says sell him to give him permission to donate while Allah gave me permission to donate money well, so he said the third Rasul Allah says syndrome said now I'm a Hulu with Hulu came here.
He said, Yes. A full three I need a third is okay, it's fine even though the third is still a big amount. And that's why the owner may decide if someone wants to make a wealthier donation, it should be less than 33% because Rasul Allah says Elam said the 30th will finish it. So if it is 30% It should be fine. 20 25% just because the last one last I still am 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 for Salah Salem The reason the Hadith, of course, it's part of this hadith is there is another part that is missing here. He said, Let untether our water fatica agonia hieromonk, enter
the home Allah Nitika for fallenness 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 family said it is my crew. For a person who has limited financial means and he's not a wealthy person. He doesn't have enough money is more cruel for him to make a once a year. We'll see what I mean by wasI. I don't mean the 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 here. Right? They said it is Makrooh it is disliked 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 is allowed to exceed the third.
They will work with our code. 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 and they are adults and saying
he's allowed to give a we'll say a donation to one of the inheritors if the rest are adults and sane and approve it three conditions play
now when it comes to inheritance, yeah, one
I'll mail off Allah subhanho wa Taala you know, did not leave his leave it to us to divide our money because if he left it to ask what will happen? What do you think?
Give it to one 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 though, how many records do you find an area in the Quran that says how many records we are supposed to pray in Salah to vote or how many Iraqis insalata al Assad McGraw Bucha you don't find these details right.
But when it comes to inheritance because it deals with money, and Allah Subhana 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, and so on. So we'll take half so we'll take quarter sawn so we'll take the third two, 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 Allah
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 you know, with my skills with my knowledge,
and no one can tell me what to do with my money.
Kenny can't do that. Allah subhanaw taala is saying he's 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 we arrive like you are a Khalifa in this land. Khalifa.
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 under which rivers flow. This is the only promise that Allah subhanaw taala is promising out here in Lafayette in dunya. He has promised that he will bless our wealth, bless our family bless our but in akhira there is only one promising one which is Janna that's it.
And there are only two options gender or Hellfire in this Allah Salam or Fe.
But there is something I want you to pay attention to. He says here and whoever disobeyed Allah and His messenger and transgresses his limits, he will send him into the fire of hell abiding eternally there in
do you think if someone makes a mistake disobeyed 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
we know Yeah, if we you if you ask for forgiveness, you make us do 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 hellfire and stay there eternally?
It's written like
it's written there. Right? So I don't think any we don't have another option. No.
Okay. 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
January.
Okay, sure. So Allah subhanaw taala says, I'm willing to forgive all sins except Shekhawati, Sheikh
Gerasa, associate a partner with Allah subhanaw taala, to to worship another God beside Allah subhanaw taala or, and so on and so forth major shape, and we have to be aware of minor check. There is something important about this here, we have to distinguish between a person who believes in the message and this obeys Allah subhanaw taala it's a weakness
in his side, on his side, it's a weakness. It's a form of weakness. He disobeyed Allah subhanaw taala. 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 there was a coup for is to learn
what is confirmed stolen? Allah saying this is haram. We say no, I don't believe it's haram Italian.
Oh purpose. 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 is a sin
right or cheating is a sin? Well, 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 Marlo Mina Deen but verdura what is in my Lumina Deen but Aurora, 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 I don't want to pay zakat. But someone else might actually refrain from paying zakat he believes as a cat is an obligation.
But he's stingy. Or he thinks that it's not a major sin. You know, they mean, he believes that Allah will forgive him on the day of judgment. He's not rejecting the message. So this here, this is this part about those who reject the message? The I don't believe in it. Do you see the difference?
There is 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 careful. But someone else says I don't believe it's haram. Alcohol is not haram. Allah Allah says is haram in the Quran.
This person who said who is rejecting the message might become caffeine and this is called Coffee is the halal it's the halal making something haram making it something haram, you make it halal. So this guy was determined. 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 coverage. It's a form of disbelief. So there's something I'm not talking about something that is not clear in the deen because there are matters that are not clear or that are subject of disagreements between scholars. And talking about Matt Lumina, Dean bedarra 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
sincerely Yeah, I know. Even if he said
that we're talking about a concept that is very important, Allah as a person knows the knowledge that this is a basic knowledge and everyone knows that this is halal, 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 Imams, no one around, he grew up in that village.
And with no access to knowledge, and he says something like this, Allah subhanaw taala might forgive him. Because he doesn't have he's excused. He could be excused, a loser mellow, truebill gel.
Right. But someone knows, I'm saying knows that knows that method. And these are the eczema because there is a 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 their right in the inheritance and leave everything for the boys.
I know another family where the father wrote everything for his sons, unfortunately, and he didn't give anything and he was extremely wealthy, give gave nothing to his daughters. Now the daughters decided to take their own brothers to court. And it's been there in the court 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 here 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 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 the Allahu Anhu you say in the Allahumma inni Aruba come in Maryland who has ever under his recovery way interfere over his reign?
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 will 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 subhanaw 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.
Time.
Now when it comes to gifts, and how much time now is left
at if age 54 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 you
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? twin girls and boys are masking? Wait, take it easy.
So it's a matter of disagreement. So he created the 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, Allahu Allah, Allah, if the person is doing it
with the intention of distributing his inheritance,
then he should follow 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, 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 me. 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 far.
Now conditional
pharyngeal
type. So this is number three is very pointed here one this distribution of wealth could be a major sin if someone does it with the purpose what
the 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 they can we call it a Kowloon allydrew Phil was at Munich Koba. So they said injustice when writing your wasa is a major sin is not a minor sin, Monica.
Not
something that you didn't deserve it.
There's something new in terms of the
inside
because you can relate to 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 inherit
It turns from the Vasa because he's not a good Muslim,
you cannot do that.
As I said, if he's still Muslim, he cannot do that.
Of course, he and a 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 spending his life. But he quitted, quit or on an offer, he's still Muslim.
If someone met him and did not offer any prayer during his whole life till the age of 60, or 70, and he died without offering one single pray, this person might actually leave the fold of Islam. This how make a balance between the two opinions, there are two famous opinions regarding this Miss Allah. So if the person and you cannot make a decision about another person who say he's careful, you cannot make this decision.
Because you don't like his behavior or his lifestyle. You cannot make you know, when we talk about cocoa, we talk about concepts. We don't talk about people, when it comes to individuals, it's a different story. To a single outer person, they 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 teleca from the mela.
While this what I'm saying, It is not up to you now to it's very difficult, I mean, to say, no one will give you this right to say like he's Kaffir to make a decision about him pass a decision about him but that your brother or your son is character. And and so 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 Allah subhanaw taala
you try to protect actually by following the rules of Allah subhanaw taala and protecting yourself
you're protecting yourself, you're not going to do anything with this money, you're gonna go to the grave, you're one without this money. So leave it behind, do the was a year based on the guidance of Allah subhanaw 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 into account. Do it in the right way following the guidance of Allah subhanaw taala and that's it. Now when it comes to giving gifts to one now the owner in general the said parents have to observe the rules of justice and fairness. And this is the proof Hadith, mandible Bashir and there might have been a machine. He
said my father gave me a gift and it was a significant gift. And I remember she had 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 dunya. You know, do you have other children? Like him? He said, Yes. Did you give them the same thing? He said, No, he said, lead to shade me Allah who do not ask me to witness an act of injustice. When in a different version, he said it tackled law fear Allah, where the lubaina Oh, Daddy can fear Allah and treat your children with justice. I'm not talking about lunch or dinner or a sandwich.
Or pocket money, pocket money could be given to my friend in a different way. Someone who's 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. You're fulfilling needs. Right? I'm talking about someone coming to one of his children. He loves him is he has a good relationship with Him. It gives you gives him with 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 hadith, the hadith of another 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 five times in each one 5000 Because you're fulfilling in need. You're not giving him a gift. Because you love him Allah you have a good relationship with Him will not know. There is a reason here he wants to get married.
it 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 You have five children
or six children and he give each one 3000 Because he gave him 3000 That would be 15,000 to a big budget right? And no that's not what he's meant here. So you fulfilling a need or anything anything when you're fulfilling a need method someone needs to do
some medical he needs some medical help and you're paying for his medical expenses well that's okay. So here this is an exception here one
you had multiple cases
I mean, this is injustice If you fulfill the needs of some of them but you ignore the other ones need to make 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 anyone so motormouth in the second one went to university, and you don't have money at that time. That's a different story. It's an excuse here, the two 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 ignore the rest, then this is a form of injustice. Right?
Now, if needs are their own Mo 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 they write their will see here, a mother would say, you know, when I met was getting married, I helped him with 10,000 or 15,000. So take it out from his inheritance.
It's very common actually, by the way. And the owner they said no, there is no need for that.
Because when you gave him this 10,000 to 15,000, you were helping him you fulfilling a need. So there is no need for that what is left. As inheritance, people should divide it the way the Quran says we should do as opposed to divided.
Now, let's talk about parents and the wealth of their children. Now there is a famous Hadith in which Rasul Allah says LM, Karl, and Taylor Malou Kelly Abbey, until Maluka, Li Arabic, a lamb here in the Arabic language, could could be lamb and milk here, the Lamb of possession, and it could be the level of EVA, lemon 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, will some conditions
and I'll mention these conditions. So, they said it is Muga 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,
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 your 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 they can take from the money or the wealth of their children to cover to fulfill their own needs. As I said it has to be a cannot take this money because he wants to go on a vacation to Mexico right? Or to even Umrah or has you cannot do that unless you know your your child but then helps you well 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 the family, the budget, the family monthly budget, and it's okay. Because you're 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, baby one.
Now, woman and financial independence, there are some brothers who believe that woman 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, he has to own her money, which is not right.
Majority of Muslim scholars.
And there is some scholars who disagreed about some points, but all of them believe that women are financially independent, which means if she's 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, you need the family expenses, the monthly expenses, paying the bills, buying some grocery buying things for the house.
This is a big problem here, one why? Because many sisters do it without any agreement or when they do it. If there is a disagreement, Talaq at the time of Talaq she wants she wants every penny that she spent on the family.
And how did we solve this problem out there earlier and solve this problem in North America, we 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 is 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.
You don't do it. I mean, this is who we are.
We don't do it. But but when it comes at the time of disagreement, everyone will will treat the other person like a shaitan. Right? You need to 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 she 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 on the family that's your business. She has the right to receive her money back
and North 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?
Amen Malik 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 Imam Malik 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. You can you can do it now
it's day in Yep. So the delayed portion of the murder of the dowry is a day
is a day that needs to be paid from your inheritance
zakat on behalf of your
Yeah, I mean you're paying zakat from your money in what how do you still have it it's part of your money you will be paying zakat, so there is no need to single out her or her the great portion. You're paying zakat. If you are not, don't have the obligation to pay the cat, you don't pay the cat.
But if you have enough money, you are wealthy and you have to pay the cat 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 zakat. 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 it's 400,000. You know, this, 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 mortgage, 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 the caterer 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 a one year from now from the
well I mean, at the time of divorce, we don't have Islamically we don't have 5050.
And it should 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 the law if he's giving her it will of course he can deduct, he can deduct his or include the Mahara delayed portion of the MAR in this 50% Allah Allah Allah Allah, but as long as he didn't contribute right to the purchase of the house, all his properties will not I mean,
for example, we pay we pay taxes, taxes for the for the government. Let me let me finish now. You know, I still have 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
agreement agreement between all Muslim scholars based on the what Allah spent Allah 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 in it 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's in need, so the Quran he goes over to Nisa. So the nisa you'll find
On this in the first pages, you'll find this instruction there. If he is well off his wealthy, and he doesn't need any fees, he shouldn't take any not should 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?
The problem is that you're paying two times, you know, like you pay zakat, for example, and you pay taxes, taxes. So
is there any solution? What's the solution? For example, you you earn 100,000 a year you pay 16,000 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 pay zakat.
What is the nisab these days in the last three years is around 4500, the nisab the nisab the 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 gold, 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 someone let's say I'll start with someone who didn't have an air saving a graduated and he started working. He will keep he a it's a 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 Shaban on Mahara musafir it doesn't have to be Ramadan. It doesn't have to be Rama than most of the people like to give zakat in Ramadan, then he will wait for one year. Okay, if after one year, the next Raja, 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 Russia 2020. Right, I have to check my savings. If there are 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 the 12 months passed, then I pay the Zakat on how much I have everything I have after of course the taxes are paid and 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 assist
you at least learn
what happens in a situation. Let's say that
it's a big thing with
you, let's say a woman when he rejects a basic, a basic tenant of faith.
inherited, very common I see a lot. Let's say a woman is very cool man
was inherited. Okay, what I mean reject. He doesn't believe in the message. He doesn't believe in what Allah said in the Quran. This conference declared. 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 subhanaw 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's 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.
The family was the word she did not want to call the inheritance because the mother had been subverted. She was an orphan, and she wasn't treated
from the rest of the relatives. So she basically divided
amongst her children, boys and girls. And when we spoke to her, no, I'm concerned about this, this is what's 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, no, 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 a one,
Zak formula?
4500 4500
I have
stuck, that I have to get stopped, but the whole up to one year, if the money is more than 5000 You can see
I have to pay $4,500 No, you pay zakat for everything you have after one year had passed.
The other 1500 is what?
Yeah, I know. I know, I know, you got this 1000 Just two weeks before your deadline. Right?
Yeah, so you have 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 survey saving suddenly became 7000 Are you allowed to exclude these 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 will 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 held 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 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 she gave you give us a carrot from your savings. Ever time of your you know, when you're when you're supposed to pay your Zakat and that's it.
Include everything you will be paying as I said before time for some money but that's fine. 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 because government
money is paid to the parents
to raise their children. So for example, say you're getting 500 bucks more
money to see your carpet.
You're saying in
the UK you can use it the brother is saying here how about if your money you need money from this child's benefit to to fix your car, you can fix 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 monthly within the monthly expenses, you 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. But then 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. The parent who received the child of the mother who receives the child support or the father is supposed to fear loss pantalla spend it on the children and that's it.
Child support in the writer, the child.
We have child support in Islam, by the way, too. So my question would be is
that the Catholic Church charge more away, a judge will accept?
What is the other parents who refuse to pay child support? Because that parent is the one paid? It's 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.
Okay.
Yes, brother, one brother raised his hand.
Now we forgot about the will. Okay, that's okay, fine. That's okay. This is the cat question, right?
Today,
we're able to see 1000 A month. So even 12 months from now we have 7270. 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 all the whole amount that you have, unless you have some debts, and you're planning to pay them back within the next 12 months, then you are allowed to exclude them from your money. And then you just pay the cat on the rest. And that's it.
Now,
okay, this is related to our program. Could you raise your voice, please? Yeah, so my question was that you said something to your wife.
Unless you're not allowed to give extra money to your wife or any other family member from the rasiya from the rasiya. 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 a new kick from all of all of them without forcing anyone to give his approval or her approval?
Oh, it's okay. It's Helen. If everyone approves it, everyone is fine without with their own will. Right, they're not forced to do it. Then it becomes Hallel to give one of the inheritors from the third or to exceed the third in your last year. Then you want to give 40% of your money to the mercy to ISC for example. MashAllah
you talk to your family members, and they all have these Masha Allah this is a good organization we like them and we want to support them all they might say something different Allahu Allah depends.
That's a different type of question though. They have to give the approval. If it is verbally it is accepted. But of course we need to document these things.
That's getting married. Then we give him a house and the rest of his brother
he's still gonna give it to me.
Oh,
I mean,
you're giving him a house and apartment, he 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 a need, but I would say, I would say, you want to help your child, what are the children because he doesn't have a shelter, you have to be reasonable. Yeah. And he, 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 allow him to use it for free. When you when the person dies, then this apartment becomes part of the inheritance and everyone who would 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 one year, so he
it was not based on the version of this child or what this child was telling his the other people who 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 he 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.
And they were arguing, till walking until the reach of the house, their house, the house of his father, 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.
He killed his own son.
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 militia. 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 some applications for paying loans and debts. There are some people who want me to talk about these applications. So we might do another PowerPoint presentation you will see the DUA in front of you. I will try to explain these two essence applications, which are supposed to help us ensure Allah and when it comes to paying our
debts and paying back our loans. She's not going to loan payments panic and lower hum diksha do Allah You know, I learned the stuff Hirokawa to boiling