Hacene Chebbani – Islamic Finance – Part 3

Hacene Chebbani
AI: Summary © The conversation covers various cases of Islam's behavior and methods, including missed knowledge, deception, fraud, and litigation. The importance of trustworthiness and sincerity in business transactions is emphasized. The use of hesitation and hesitation to avoid major sin is also discussed, along with the historical use of hesitation and the "arrogance" of Islam. The importance of avoiding dis disputed or misrepresented business transactions and avoiding negative behavior is emphasized. The speakers also discuss regulations and regulations surrounding auctions, as well as issues with Muslims and the importance of avoiding negative behavior.
AI: Transcript ©
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hamdulillahi Rabbil alameen wa salatu salam ala

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Sayidina Muhammad he was he he may

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so the brothers sisters will continue to shallow the program tonight, which is fifth of the business transactions.

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Circle who your fucking morality Maria we think that everyone shall and this society needs, you know to know about this fit for this chapter. Everyone in this society buys actually everywhere not only in this society everyone needs to buy something or sell something. It's part of our life.

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Before I continue with what we've been talking about last program last Friday, which is business ethics, I would like to say something about, you know, when there is a conflict? Well, it seems a conflict between the two checks between two Hadeeth method and there is a brother who asked about why Mr. Malik would go with the opinion of a member of our mahapatra the Allahu anhu regarding a controlled price.

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What also realize I sent him said clearly that

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Allahu and Messiah, he refused to set a limit to set a limit for the prices in the market. So this is an example where we try to find excuses for the Imams, and the ruler might have talked about these excuses, like shirtless lambertini he wrote a book it's called Ron Miller and in MLM, removing or the blame on the renowned scholars or imants. This is the title of his book. So when an email method does not work, or does not issue a decree based on a certain Hadith that was said by Russell Lysa Solomon the Hadith is say, there are some cases here either the Hadith did not did not reach him. He did not know about the Hadith. And there are people who are better than those than those

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emails, like a Sahaba of the Alona bush Tahitian fuqaha among the Sahaba Abu Bakr, Omar, they allow I know, he missed some knowledge of Abu Salah Shadi came to his house or to his office and he knocked the door. He asked for permission for three times and he did not he was not allowed. So he left and there are more of the law and who asked for Abu Salah Shari. And he told him he left and he said he called him and he said, Why did you leave? He said that was a law session and said if you ask permission for three times you're not given permission then you have to leave. This is the etiquettes of visiting other people. Part of the etickets so he said you have to bring me a witness

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for this Heidi. I didn't know about this hadith.

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This isn't Sahara Buhari. So Abu Musa he went talking to the Sahaba and he found one and sorry, who knew about this hadith. He came and he told us

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that he heard this hadith from Russell Lysa center for color Omar k fetid and he had the he must Allah Shahada and he SFX Kofi la swacch he said, How come this mess Allah the smallest LS you know, I missed this small must Allah Shahada aneesoft COVID la sua, I was busy with doing business in the market. Yeah. And he used to go one day to meet him, stay with him, spent time with him, listen to him. And the other day he would send his neighbor, the alarm, I know, the other day he would go to the market and do his business activities. So if one of the Imams misses some knowledge, that are people who are better than them Sahaba they missed some knowledge. So this is the first case. The

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second case, he might get this hadith he might receive this Hadith, but the Hadith in his opinion is about Eve.

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There is not Sahih Hadith is authentic is hating the opinion of other scholars, in his own opinion, his life so he does not use it. He does not deduct or derive any Sherry runing from it. Or he might use another delille an ayah from the Quran, or another Hadith.

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Or he might

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get two conflicting Hadees or they seem conflicting. They have two different rulings that are against each other. And then he would try to make Terje try to weigh out and look at this hadith come up with the conclusion. And then he would find that same as and this hadith in Bukhari and Muslim agreed upon and this hadith is not in Bukhari Muslim. So I would, I will use this hadith and leave the other way.

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On these are some cases where the rules are met and they have their own ways and methods to come up with a verdict with Sherry ruling with the conclusion at the end. They are we continue inshallah tonight with what we talked about business ethics in Islam are we talking about trustworthiness in in business transaction and trustworthiness is a trait of deserving trust and confidence. So it is it is an ethical ethical value that is considered

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a virtue. A trustworthy person is someone in whom you place your trust, and rest assured that you trust will not be betrayed, whether you buy you from him pizza, or a bar or buy a car or buy a house, or you buy equipment, it doesn't matter. When you deal with him, you feel safe, and you have peace of mind. This is the trustworthy person and it is the most one of the most important principles in our business activities. It requires sincerity of work and purity of intention. And it's as for the the Muslim, the Muslim trader who owns this quality. We never barter he's a hero, the pleasure of Allah subhanho wa Taala for worldly gains for a few dollars, he will never do that.

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Because he knows that he will meet Allah subhanho wa Taala on the Day of Judgment, and he will be taken to account for his deeds and these dollars will not benefit him on the Day of Judgment. So he will never, you know use deception or fraud or he will never resort to dubious or doubtful matters in selling and promoting his you know his merchandise. They said the third the quality is there odema talked about it Yakuza Muna, a semi had to feel better he was Shira. A semi had to feel better gentleness and manatee in business transaction line it is the state or the quality of being lenient when you buy and sell, and the Messenger of Allah sallallahu alayhi wa sallam has invoked Allah has

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mercy upon anyone who is lenient in his Buying and selling. Guru Mustafa sallallahu alayhi wa sallam Rahim Allah who I've done some hadn't either back some hand either Sherif some hand either. October sola Salim is making dua to this person, may Allah have mercy. May Allah have mercy be on him, who is lenient when he buys

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so Rasulullah sallallahu alayhi wa sallam has made do I to this person, Rahim Allah who I've done some hand either some hand either shout out some honey laughter now Allah has mercy be on him who is lenient when he when when buying selling or in demanding back if tada demanding back his money or his debt,

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so the creditor should be should be generous should be easy. When he asked for his money back when he when he asked for his death, and the debtor should pay back the money the creditor his money with with do thanks and politeness and on time. Our affair reported from Rasul Eliza Selim Hadith. He said that Rasulullah saw Selim to Korean camel on the loan that we took from someone a young camel because

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his Tesla Furby Quran Rasulullah sallallahu it was a different measure at who

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it was set up I said when you received camels in charity. He told us we were offered to pay this man the creditor his young camel he gave him a young chic camel This was also losses and and said so our author pointed out that they have no young camels surah sola and except he said except a four year old camel and it is a very have a very good quality

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robot, robot

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robot and care and Nakamura boss and what I mean as a noob and it's one of the best quality sources unless I sell them told him give him the best one for amongst you or the best amongst you is the one who pays or repays the rights of others handsomely. He said for in the era Come on. Oh, come on. And it could be for in the American Muslim, Yahoo they mean a Muslim. Yo damina a Muslim for in an era era communist era Muslim. The best among Muslims are the ones who pay or repays the other the rights of others handsomely paid at least in a theoretical sense Oh come Cabo, and and this is not Riba. You might think that this is River. Why is not river

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Yella we need to know some flippin Sharma

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Yeah, it's not a stipulation is not a condition he gave you 1000 as a loan you gave him 1000 back and

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you know, one kilos dates, or some flowers or something extra. This is not a river, had a personal cover has no cover, you know, because he didn't ask for it. It was no agreement. Yeah.

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That's fine. Because he didn't ask for it. He didn't agree about it. If you agreed about it, then it is river, it is interest there is no doubt about it. But if it is your money, you want to give him something extra. That should be fine. And the Hadith, this hadith verbal raffia in Sahih Muslim is clear about it.

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So in the era, COO, coo coo coo bar,

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play, the third quality that they never have talked about it is honoring business obligations, or alpha ovilla code and this is something that many Muslims need to pay attention to.

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Islam attaches great importance to the fulfillment of contract and promises and this moral value has been emphasized by the by Allah subhanaw taala in salt in Macedonia, you will Idina Amano. Allah who will recruit who you who have believed, fulfill your obligations are you promises what also sell them jala l mahalo Adam Goodman, Allah metamorphic and the one who keeps you know breaking his promises. He has a hustler he has one of the qualities of munafo to the people have hypocrisy.

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I've had so many family it is a practical nofap is not the major NFL it's a minor in effect, but it is a major sin. When someone promises his breaks his promise on purpose. So yeah, you live in m n o fo B local versus a semi mature and Muslim Muna Allah shirota him Ella shorten Holla Holla Holla Holla

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Holla Holla Rahman. So Rasulullah sallallahu Sallam said Muslims are bound by their stipulations especially if you put a stipulation or short a condition in your business you know in your transaction in your sale. And then later on you know, you want to get rid of it or break it and you cannot if it is helpful, if it does not make forbidden, what was permissible and it does not make a you know, permissible what was forbidden in shaitaan haram or halal and haram and, okay, and Muslim Muna Allah shirota him that means they are bound with their stipulation, they have to act upon their stipulation.

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The other thing that the ruler may have mentioned is the first treatment fair treatment of workers. And Islam promotes and encourages the spirit of love and kindness and cooperation between the employer and employees. So fair wages, good working conditions are suitable work, excellent treatment have to be provided for workers. And this is a bigger problem. And in many Muslim countries now, people don't give a right to the workers. We don't have even minimum wage in many Muslim countries. People are working hard, they're toiling like slaves in many Muslim countries. But look at the Hadith in Sahih Bukhari at a very, very interesting Hadith. And this is a hadith could

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see, Hadith could see your will

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to send them and Allah. Allah Subhan Allah Allahu Lazar Rasool Allah Salatu Salam selesa tune, and hasmonean Well, piano maker Hadees bootsy for Who are you? I mean, orosa Salah, myrobalan like Elijah peran selesa to Anna hasmonean well Kiana and Allah Subhana, Allah will be there full on the Day of Judgment. He said, I will be a lie saying I'll be full, two, three and four will be four to three persons on the last day. One of them is mentioned in the Hadith and I will turn around soon I had a visa murder. He made a covenant In the name of Allah and then he broke this covenant over proceeded to have an excuse In the name of Allah. I don't you don't I had a beef with Danny rose

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Yolanda Holdren for Akela Femina, who, when we had in the past, people might capture someone who is a free and they sell him in the market. We take his money and they consume his price. They used to be sell slaves in the market. So what does he mean by a homerun

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But hold on, he sold someone who is free. And he consumed his his price, a 30 threshold on his stature as he ran. And this is that many people need to know about it, especially those who have businesses, large big businesses, and they hire people to work for them Rasulullah stasha as urine festival for Femina, who welcome you fee as euro

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So the third one, he said one of them being one who has who when he employs another person who has accomplished his duty, the other person has accomplished his duty. He finished his work, you hired him for some work, he finished everything for you.

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And then he doesn't give him his payment. Then Allah will be his meal the Day of Judgment.

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And this hadith in Sahih al Bukhari and time to time we get complaints from our brothers working who have worked with other Muslim brothers and the pay them their salaries then give them their wages without Allah.

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Number six, the owner said, staying away

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staying away from making oaths when buying and selling cattle health is now available Shira Stan melon, amen. Amen. Amen and Virgina al kariba. So, swearing many you know, traders often

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make oath and swear by the name of Allah subhanho wa Taala to promote the good quality of their or emphasize actually to emphasize the good quality of their merchandise or their items of sale. So the use the name of Allah subhana wa Taala. To promote to promote the merchandise. We try to push the buyers to buy the products by using the name of Allah subhanho wa Taala. What is the conclusion about this habit is that if the seller is making an oath,

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sorry, is lying in his oath, then he would be committing a major sin. If he lies in his oath. He would commit a major sin. There is no doubt about Rasulullah sallallahu alayhi wasallam said, Allah, Allah helpful, I will Halle Fu manchaca to listen to it, ma'am. Hakata lil Baraka is hydro Lima barrio Muslim and Avi hurayrah 30 Allah and Halle Phu manchaca to Lisa Lottie mum haka to lil Baraka. He said the swearing may persuade the customer to buy the goods.

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But the deal will be deprived of Allah His blessings.

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And this is in Bukhari and Muslim.

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So while I bought this, I got this meat like, just two days ago, it's fresh and he got it like one week ago, or Well, I bought this car for 2000 and he just bought it for 1500 using the name of Allah subhanho wa Taala yameen kariba li 1050 Silla Alana Colin FACA na.

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Sometimes, sometimes the opposite party.

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No, you're not. You know, I can force you to need to use the name of Allah subhanaw taala. It is either Haram. If someone lies, he's lying. He's claiming

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equality in the merchandise that does not exist. He's not saying the truth, then this is yameen kariba.

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You know, this is a greater sin a major sin. Now if he's saying the truth, and using making oaths and swearing by the name of Allah subhanaw taala but he's not lying. He's saying the truth then it is mcru it is not permissible. There is a difference between permissible move back and makuu moku it is disliked in the room and he said here it is very disliked monitor karahan shader. That means the person does not have respect for the name of Allah subhanho wa Taala because there is another heavy throw remember Bharani remember he said it is sorry? And he said in this hadith Rasulullah saw Selim that there are three people

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selasa to locally mucho mas para la la la when I was a key him What a lien and he mentioned three people. I don't want to mention the other two, but the third one he said was Allah Allahu Allah Allah has a letter who lay a biru in Libya mean he went and study in Libya meaning so he made the name of Allah subhanho wa Taala his he sale of his item of

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sale. It's like he's making using the name of Allah subhanaw taala as an item of sale, he never buys except with making an oath and he never sells anything except with making an oath. So he's always making oath, you know and using the name of Allah Subhana Allah it means that he has no respect for the name of Allah subhanho wa Taala. So it is mcru it is disliked, even if the person is saying the truth, and this is the second ruling regarding this.

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You know this, this must Allah, there is another Hadith, which is in Sahih Muslim, another Hadith where Rasulullah Salim said selesa today you can Lima whom Allahu Yeoman piano, when I when I am to LA him, when I use a key him Allah Hamada Eddie in three, there are three who Allah will not speak, Allah will not speak to them on the Day of Judgment, nor will he look at them, nor will he Sanctify them, and theirs is a severe punishment. And then he repeated

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this statement now talking about some, so the one who is lying in his oath.

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So last iclm repeated the statement three times. This is inside Muslim Yahoo, and we need to pay attention to this three times. Three times he repeated this statement, Abu there was present was in front of him. He said, Hubble has zero mannheimia rasulillah. When he sought us last I saw him repeating this statement three times that Allah will not speak to that, and I will not look at them and I will not Sanctify them. And this is a severe punishment. And also, like I said, of the Messenger of Allah repeating this statement three times. So Abu there was sitting in front of him. He said Hubble has zero mannheimia rasulillah This is a Muslim. Okay, so our solar system said the

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Muslim Alamos bill is the one who left his lower government or is our new government Hank, below his ankles. This is a masala controversial must Allah there are some scholars like Amanda shaffir, who said it's only macro and it is it if it is connected with react huella then it is a major sin. And the Hadith here means the one who has Kippur arrogance, he does it with arrogance, you know, but it also last Assalam did not put any restriction he said most will. The restriction came from another Hadith where he told Abu Bakar that you don't do it with arrogance. But this is a controversial matter. But I would say that the Muslim should is better to be safe than to be sorry. And also last

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as enemies repeating as I said the statement in this hadith in Sahih, Muslim three times. So he said there must be a fanny and manette who is the one who keeps reminding people about his favours. Human aliveness? Well, I'm the one who gave you this car. I'm the one who did this. And I am the one who found a job for you. And they want you to talk to me like this, as if it was not for my services or my favors, you wouldn't have reached a status or so on. So he's a camper, he helps people, but he keeps on reminding them about his favors. So he's a madman. So he's one of these three people

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that Russell has actually made the statement about them three times. And the third one it's related to our topic, will Muna FICO licl muncipal mafia The one who spent his and Mona fukushi lotta who believe will holifield care they and Moon efficacy data who will highly field candidate The one who promotes or sells his products, but by means of false oaths by making false or his lying in his oath, oath so this is a hadith in Sahih Muslim and we have to be careful about these things we'll look at Allah Allah number seven. The owner he said either move out to remove Albury elevate the African Muslim Oh Shira or other Shira African, Muslim,

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Muslim, so do not sell upon the selling of your brother in law says lm said I appear above do not sell up on the selling of each other. And in a different Hadith whatever call even if Bukhari Muslim rasuluh Allah baby he will be boo Allah hibachi illa and then Allahu sola says LMA said, A man should not you know sell upon the selling of his brother and he shouldn't he should not make your proposal upon the proposal of his brother except that if he gives him permission now

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that's a different issue. We'll talk about it shall I will talk about some some exceptions like bait and mosaid. auction sales are unacceptable.

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Are you standing up and you're adding?

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So what is the rule in here? So there are some exceptions every rule has an exception many there are many rules in fact, elbow you so but occasionally you don't know who is selling who is buying anyway. It's like auction sales.

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But but but there are so lots SLM meant standing up in front of someone else, the seller, and you are negotiating the price of the car, and you offering mithuna 2000. And the guy comes, and he say, Okay, I'll give you 2500

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Why do you think it's harder?

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Why do you think it's hard? No, I let's look for other people.

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Why do you think it's harder?

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is not only interfering, it might create something else.

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Cora here our enmity, hatred, grudges

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do what it is. And one of mikaze the Sharia. The objective of Sharia in business transaction is to eliminate enmity. Eliminate hatred, and disputes. This is one of mikaze the Sharia. Many boo, you have many types of boo, are forbidden because of this reason. And here, this is one of them. So you come to a person, he's negotiating the deal, or he has made a deal, actually.

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I mean, I just got a call from brother three days or four days ago, he made a deal with someone, some equipments, and he said, I'll bring you the price within the money within two days or three days. And he said, done. It's a done deal. And then the guy phone The next day, and he gave him a better price. So I told him, No, you should you cannot do it. Because this is selling the guy is selling he doesn't know. He doesn't know. But you know, you know that you gave a promise to someone else. You made a deal with someone else. You know? So you shouldn't you shouldn't sell it to the second one. We should always seek the pleasure of Allah subhanho wa Taala the pleasure of philosophy

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tanoto shouldn't birther our era with few dollars? Yes.

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Can you interfere? Yeah, still negotiating. You cannot enter like you say, Okay, I don't need it. You're still in the process. You cannot even negotiating on the price. Yeah, if you are two people, this is the second here to our two people. You are in front of the seller negotiating. And you gave him an offer. Okay. If he said no, I'm not selling to you. And that's it. And you refrain. That's it the brother can give another offer that should be fine.

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If you are physically present, yeah. Yeah. And then the example that I mentioned, the the person is not present, but the buyer the seller knows he made a deal actually with he gave a promise. He promised to the person that's it. It's a done deal. Just waiting for him. So I said how about if he breaks his promise? What is the solution?

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If he breaks his promise he doesn't come within two days or three days. He doesn't bring the price.

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The other I might lose the other client. What will happen? What is the solution here?

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oh man the solution is easy. You call the other person you tell him God I got another client and he's giving me a higher price. But I want to keep my promise with you. Could you bring please your price today or give me a horrible are going down payment or both?

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And down payment sales are highlighted in Islam by underbone. He gave her a boon to someone what will happen to this herb boon

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is down payment if you change your mind and you don't buy it don't buy the product.

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You might lose it it's Hello. This is the decision of much metal physically slamming. It was only the opinion of Imam Ahmed and humble the other scholars they said it is haram al horrible because there is a hadith about it against it but the Hadith is weak. So Muslim and Islam the Muslim council made a decision that Baylor bonus holiday is not Haram is permissible. And here and if it is if the deal is is made,

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is the sale is is completed what will happen to the urban downpayment.

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It will be part of the part of the price but if the deal is not made, then the seller has the right to keep the down payment.

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And this is based on the decision of measurement and fiscal Islam.

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You Marina, he said, he said, The brother is saying, Is it my crew or the person if the person sells something upon the selling or makes an offer upon the selling or the offer of his brother, and actually the

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or make

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a buying offer, upon the offer of his brother and the seller would sell the product to the second person, what will happen? Is the transaction valid in Islam? Or it is valid or is not valid? But if it is valid, is he sinful? So what is the right opinion, you will earn a majority of scholars, they said the transaction is valid, but the person who will be sinful.

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So how he met the one who made the offer they made the offer will be will be sinful. Allow him about the seller, the seller could be now

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you have to determine

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if you open a business in the same Plaza, the same plus and it's the same business.

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Yeah, if he's not, if he's not in this hadith is not in this hadith. But I would say I would say if you have you have a brother who is selling the same stuff in the same Plaza, most likely, most likely you won't have a good relationship with him.

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This force you have no doubt about that. Yeah. And actually, I just got a brother, he approached me a couple of days ago, he said they had an agreement with some brothers. And they had an agreement to do business together. And he knows how to do some few stuff. It's a food to kind of restaurant but he's not really I mean, fast food and same thing. And he said he wanted me to open the store in the same Plaza where another Muslim had the same business or similar business very close. So then you want to I know that you have problems with with other people. So most likely, it will lead to Lucia Hana to Adele to enmity. And as I said, one of the objectives of Sharia in business transactions is

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to eliminate disputes and enmity.

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Yeah, this is a good, this good question. Let me let me finish and then we'll talk about it inshallah. So anyway, and also last assylum in the head, he said, When I asked people Allah hit bottom

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and he did not make a proposal upon the proposal of his fish Brother, brother method and he went and made a proposal to such and such and then you come and you say to the father of the family, you know, I have a better degree

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from saved by the graduated from the University of Calgary. So at a, I pray five times a day in the mercy of them have full time job. And so this is how it will lead to what to add to enmity. So Illa and yeah, isn't it and yeah, then he said, Okay, I have no desire to get married with this lady, if you want to go ahead, go ahead and make you a proposal. That should be fine. Or you know, that he was refused, you know, for sure that he was refused, then you have the right to go and make your proposal.

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And this Hadeeth is in Sahih Bukhari and Muslim, but typically, so now, when it comes to a non Muslim, it said, Are you allowed to make an offer upon the offer of a non Muslim because the head is said, it means he can Muslim. And I believe personally, that, in general, in general, when we do our business transactions, you can deliver and not like those who say, we deal with Riba with a non with the people who don't belong to our community, but we don't deal with Riba with the people who belong to our community, we're not like that.

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So we don't do that. If it is something that Allah Allah dislike, we shouldn't do it even with a non Muslim.

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Because we should have good relationship with non Muslims too, right? Especially people who work with us people who are our neighbors, or we have some kind of relationship with them. So we should have, you know, a good relationship with them for the sake of

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the hour for the sake of our

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time. The exception to to this is barrel mazet auction sales. You go to the auction, and the person is saying, who gives more 100 200 to 250 300. And so is it helpful or not?

00:35:02 --> 00:35:07

You are adding, you are making an offer upon the offers of others.

00:35:09 --> 00:35:37

Yeah, the * is not there everyone will feel fine about it because it's a different setting. Right. And there is a hadith about it. How do you think Ennis that a man came asking for sada came to us to Lhasa cinema asking for sadaqa and also last season didn't have didn't have anything to give him. So he said Do you have something at home, we can sell it on your behalf and they can help you with some business opportunity. So he said they have a rag, Hilson Walker.

00:35:39 --> 00:35:48

Okay, so he had a rack and he had a cup or a container. So he brought them to us, I sell them. And also as I sell them, he said many he

00:35:49 --> 00:36:03

had a video of him had he beaten him. So who can buy these two with one to him actually suffered? I didn't mention one to him. He said who can buy these two? He didn't say one to him. So one man was a hobby he said I'll buy them with wonder him.

00:36:04 --> 00:36:10

So Allah says in many years he had a barrel mazet obey Messiah who can give more

00:36:12 --> 00:36:54

Okay, so that other men said I'll buy them for two Durham's. Now, the setting is different. The seller himself is making it like an auction and we do it in our in our fundraising dinners, right. We have gold we have things and who can add more we can this is halal hamdulillah. So you feel fine now about it. Because some people, some people in our fundraising dinners the moment they start doing this, they leave us upset and they leave now this is Hillel. It's okay. And also Lhasa Selim himself did it. And the guy took this to their homes. He spent one day him and his family he bought with one Durham, I do an x we call it an axe, right. And then he went to the outside the city, he

00:36:54 --> 00:37:16

collected some wood. He said as soon as I saw him, he said I don't want to see you for two weeks. When he got to mood. He said he sold it in the in the market, he made some money. And he spent it on his family and Rasulullah sallallahu said is better for you than coming and asking people for for help. So this is beautiful story about helping people to start their own business small businesses right.

00:37:17 --> 00:37:41

30 Last time we talked about sharpell Jersey, I just need to add something about it because I remember that I didn't mention this a shuttle just a penalty clause or penalty clauses when we put them in our agreement when we say we have an agreement with someone to build a building for us or do something and then he he delayed he did not achieve

00:37:42 --> 00:37:46

the project was not achieved was not completed on time.

00:37:47 --> 00:38:33

On the agreed upon time. So instead of building the product of the project, finishing the project in a six month he the project was completed in one year. And the guy was waiting losing customers using a losing business losing money. So what will happen? Now the owner Maddy said a shortages are a penalty clause. It is only effective if we put it in the agreement before the completion of the project before the project is completed. Like from day one, when we have an agreement. When we make an agreement, we write this short this penalty clause that if you don't deliver this project within six months, then if you are way

00:38:34 --> 00:38:40

and if you are late by one month or two months, three months, in this is the penalty I will deduct from your payment

00:38:41 --> 00:38:43

you know such amount

00:38:44 --> 00:39:23

and signed by two and then you have peace of mind. What would happen with Muslims that we make verbal contracts, we always make verbal contracts. And he's from my community. I know him. If I asked him to write a contract, he will feel bad about it. And he might he might feel that I don't trust him. I got a brother after the salad last halakhah last Friday, saying that I got someone who was supposed to build a garage for me in one month. He said he will finish it in one month. He said he did not finish it in one year and a half. He said he gave me the year he finished your garage in one year and a half. He said I put a hole cost the cost of the material, but I did not pay his labor

00:39:24 --> 00:39:59

should they deduct from his labor, based on what I said in the halakha shortages say he said he thought that this is Helen, I said it has to be agreed before or before the project is completed. Even if it is not agreed upon from day one. It has to be agreed upon before the project is completed. Now what will happen after the project is completed. The guy finished the garage within one year and a half. Then you can deduct Sharia but you cannot do it from one side. You have to talk to him You have to make a deal with him. say look I

00:40:00 --> 00:40:26

If I wasted a lot of time, I lost some business, you hurt me, and I'm gonna deduct 2000 3000 from your payment. If he's fine with that Alhamdulillah if he's not fine, because this is solid, this is solid after you, you know, you didn't do a contract, you were careless, you didn't write a contract, because you thought that he's a community member, he will help you, we'll make it a, you know, a tomorrow night in a family as

00:40:27 --> 00:40:49

well was good to our community member hoping to get a better deal. Right, buddy nakoula Rosner. And by then we we get hurt, right? This is what happen all the time, what happens most of the time, we always go to our Muslim Brothers, sometimes you have good intention, we want to give our business to Muslims, right. And then the brother will

00:40:51 --> 00:40:52

be surprised.

00:40:54 --> 00:41:37

So now, commerce or reconciliation, so you try to make a solid deal with him. If he doesn't, it doesn't accept this deal. You have the right to go to an Imam, or someone it doesn't have to be an Imam, someone in the community to pass a judgement rally to make solar in his way. Even you have the right to sue him, you have the right to sue him. But the problem is, if you sue him and you don't have something written, nothing written, what will happen. Do you think you have a strong case, it will be more complicated. So most likely, you will give up and give him the whole payment from this fellow and what will happen to what happened to that brother. But this is our these, this is part of

00:41:37 --> 00:42:13

our problems in the community. When we deal with each other. We don't want to write, I don't even do you loans giving loans to brothers. It's okay, if you ask him to write. I said in the baccara nakara that you have, if you give a loan to someone, write it down. It's okay. And even if you have your hood, that's fine. That's fine. Actually, some people they ask for the people, the person who gives them a loan to write it down and bring some shoot witnesses. There are some people who asked for it to hamdulillah in our community, but there are a few. So we need to make it like you know what?

00:42:14 --> 00:42:15

and make it a practice.

00:42:16 --> 00:42:28

We have to end acting upon the book of Allah subhanho wa Taala. Like we talked about in our penalty clause show, just a cell with down payments and auction sales.

00:42:29 --> 00:42:32

Do you have any question before No.

00:42:37 --> 00:42:42

transaction is still valid. But the one who made the second offer is sinful?

00:42:43 --> 00:42:45

What if it was the case

00:42:49 --> 00:42:52

that there was a first dealer first offer? And the guy

00:42:54 --> 00:43:07

is the one who made that second offer? No, if he doesn't know he's not. Yeah, it's obvious injury I lost that I will not take you to account for something you don't know about. I mean, haha, this is a mistake. But it is the responsibility of the seller to tell him

00:43:09 --> 00:43:11

because he made the promise he made the deal with the first person.

00:43:21 --> 00:43:26

And the guy who said I'll sell it for less same room, same room, same

00:43:30 --> 00:43:37

project, and DC will finish in one year or two years and finishes in three years.

00:43:40 --> 00:44:05

Okay, yeah, this is good question. If the guy could not finish the project, in the set in the agreed upon method period, within the agreed upon period, they agreed on six months, he finished it in one year, but because of the weather conditions or something that is not under his control, then the other party does not have the right to ask him for penalty

00:44:06 --> 00:44:29

to apply any penalty on him. He doesn't have the right because he's not is not is not out of negligence. And if you claim now that there was negligence and he said there was no negligence, it's something that was out of my control, then it becomes a dispute. And and and one of you have has the right to sue the other party and go to the court.

00:44:36 --> 00:44:41

What I said I said most likely, most likely you won't have a good relationship with the other brother.

00:44:50 --> 00:44:59

Yeah, that's right. Yeah, you're right. The This is the it depends on the setting like when we talked about Bayer and Hosea, we are offering

00:45:00 --> 00:45:25

Okay, different price upon the offer of someone else, right. And this is Helen in a setting of Messiah. If the government said this marketplace here is for the people who sell jewelry, and everyone is selling jewelry now, then there is no problem. But you know, I know some cases in this country where you know, for a fact that if you open your business in the same Plaza,

00:45:26 --> 00:45:30

because we have, we have, it's called

00:45:32 --> 00:46:03

there is a term for the community. When you have a certain type of clientele, certain type of customers, you know, your customers, that kind of your customers are Muslims, you have a business where non Muslims would not come to you and buy your products. So you you have a limited number of people in the city, who would come to you and buy from you in this Plaza here in Calgary. And someone else with common open the same place, most likely you won't have a good relationship.

00:46:04 --> 00:46:46

You know, they mean, there is no doubt about it. But if it's a different setting, like as I said, bear and Hosea, the government actually made this rule and I know what you are talking about in Saudi Arabia, in many Muslim countries, actually, you go to some places you find this is the market and it's the market of people who sell jewelry, this is the market of people who sell shoes, people who No, there is nothing wrong with that. Because most likely people will not feel bad about their you know, they feel that they are competitors. They are competing with them. But it is a rule it's the government to allow them to you know, to be in that place. But a different setting the story

00:46:46 --> 00:46:50

could be different to allow to Allah Allah. But I'm not saying it's haram

00:46:51 --> 00:47:04

you know, they mean I said most likely you won't have a good relationship with another person but I didn't say it's haram because it's very difficult to say haram for something that we don't have a delete for Yes.

00:47:09 --> 00:47:09


00:47:11 --> 00:47:12


00:47:14 --> 00:47:21

we are toxic Helen any deferred payments sale with the first payment is Helen. Even if with a higher price Italian?

00:47:23 --> 00:47:30

Yeah, this is something that we will talk about inshallah, in the future, but it is Helen, with a higher price. I sell this car for you.

00:47:33 --> 00:47:53

Hamza or a you have said this car for you, for you, 10,000 if you pay me cash, but if you pay me within two years, that will give it to you for 12,000 this is Reba or Helen is fine. But you have to agree when you do the deal. You have to agree on one of the prices.

00:47:54 --> 00:48:06

Okay, if you say Matheran are you? Either I sell it to you for 10,000 cash, or 12,000 with a default payment, like within two years, you can pay me within two years.

00:48:07 --> 00:48:15

And then we don't agree. I said who was okay, agreed. But we don't agree on one of the terms. We just leave it open.

00:48:17 --> 00:48:46

This is one of the explanations have been attained if eBay law seldom has forbidden to sales or two conditions in one sale or two sales in one transaction. So the earlier one of the explanations of this Heidi's this this one, this is one of the forms of making two sales in one transaction. So it's only one transaction, it's only one car, can I receive only one price from him, but we didn't agree. So we left it open.

00:48:48 --> 00:49:04

After method in two months will lie with Lula one month he will come back and say, Okay, here you go. 10,000 they say okay, I thought you're gonna give me 12,000 I'm gonna, you're gonna pay me within within two, two years. No, I said no, I didn't agree about that. And then there might be what?

00:49:06 --> 00:49:28

dispute that one of the mikaze the Sharia is to eliminate dispute. So we have to have clear terms in our contracts. And this is something that we'll talk about it when we talk about some other types of contracts in the future in sha Allah is akula Hayden Baraka long faecal Subhana, Allah, Allah Allah, Allah sakurako and to Hoylake

Fiqh of Business Transactions by Sheikh Hacene Chebbani

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