Hamzah Wald Maqbul – Maliki Fiqh Clear Transactions Addison 04082020
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AI: Transcript ©
So we continue,
from where we left off yesterday
with the added note that, it was my
mistake. Last night wasn't actually the,
but it is tonight.
According to the local moon sighting, tonight is
the night of, mid Shaaban.
So whoever wishes to
spend it in worship and seek its barakat,
let them do so. And we had some
some talk about it, about the position of
it within,
Islam and within the Madhab even,
with the difference between the
Imam Malik and the earlier and,
the later ones. So you can go to
yesterday's video or
audio,
depending on how you,
consume this darsd.
And, you
can listen to all of that again with
the difference that what
that today there is.
It's gonna be tonight. I had mistaken it
for last night, but it's not last night,
it's tonight.
So we continue
with
Ibn Abizaid's
enumeration
of the different types of
ill gotten wealth and haram wealth that a
person must abstain from.
And the last thing we mentioned was gambling.
And,
paired with gambling, the sister,
I guess, violation of gambling
is, Al Ghadar. And Ghadar is what?
Ghadar with regards to transactions has to do
with
uncertainty.
And so
mentioned there's a little bit of uncertainty which
is tolerated because of necessity from a transaction
in the sense that, for example, like, if
someone asked a question of how do I
know that this can of Pepsi is going
to be as sweet as the last can
I purchased from you? That much is
tolerated. If there's a problem, then it can
be
sorted out.
But,
there are a class of transactions that are
forbidden in the sharia,
with regards to harar, with regards to uncertainty,
which is,
fahesh. It's excessive,
that are not tolerated from the sharia. So
for example,
if someone says, I'll sell you the birds
that are in the air over my land,
or I'll sell you the fish that are
in this pond, or I'll sell you,
whatever's in this box. You know, it might
be one of 3 things, or it might
be even one of 2 things, but you
don't know exactly what it is. That try
transaction isn't useful.
And the idea is what is that the
and
need to be The is the price,
that's being paid, and the thaman is the
thing that the price is being paid for.
Both of them need to be, known in
the Sharia.
The Sharia does not accept that a person
should
that a person should,
transact
in an unknown quantity with an unknown quantity.
And even with regards to the small amount
of harar, which is
which is tolerated by the by by the
sharia,
It's tolerated only because of necessity.
So in those situations where radar or uncertainty
is unnecessary,
where it can be, very clearly defined what
exactly is being bought and what exactly is
being sold,
that is that that is then mandated by
the
because
it makes the the transaction useful,
and it reduces disputes between people. And it
keeps harmony,
in,
in
in the population and amongst
of the population amongst one another.
And the whole point of business and the
whole point of transaction
is supposed to be,
and
for the for the for the for the
slaves of Allah
Somebody has too much of something,
but not enough of another. And so the
whole point of transaction is that people should
beneficially
beneficially transact with one another in order to
make a living for themselves and to get
the things that they they don't have in
order to make a better life for themselves.
And so
the problematic and predatory type of transactions
where people rip each other off, where one
side benefits and the other side doesn't,
where people,
are resentful of one another.
These types of transactions are are completely.
They're they're they're
prescribed and prohibited by the sacred law, and
one can understand and see why.
And the problem is that there's, there's a
a a large class of transactions in,
in the Sharia
that are prohibited that people,
you know, people will engage in nowadays. So
for example,
what's what's a a transaction of harar
that is very fast, like, widespread,
is is is insurance
that a person
should pay a a set amount of money
so that premiums that you're paying are well
known.
That you pay a a
a a
well known and well defined premium, a certain
amount of money every month or a certain
amount of money every year or every 6
months or whatever,
for an insurance
that you don't know how much it's gonna
pay out. And it's problematic for two reasons.
One is that the payout, you don't know
how much it's gonna be. And the other
problem is what?
Is that it's
paying money for another amount of money. So
if you knew how much they were gonna
pay you, it's gonna be problematic
unless it's exactly the same amount of money
that you paid into it.
In which case, it becomes from the class
of transactions,
that are
loans, and those have their own stipulations and
their own
their own set of,
laws that deal with them. And if you're
getting a what a different different amount of
money out, that you pay pay one amount
of money and you get a different amount
of money out, then it's Ruba. And the
fact that you don't know how much money
you're gonna get out of it is,
So it's a very haram transaction for a
number of reasons.
Now
the question comes up is that, well,
you know, people use insurance for
reasons that are very beneficial and that are
very necessary.
And so if you wanna cut out, you
know, insurance from,
from from the marketplace, there are a number
of transactions that cannot be dependably executed.
And it's not that the Muslims didn't have,
didn't have a
an idea of insurance. In fact, Muslims were
transaction transacting with insurance
and with, risk mitigation,
you know, far before the Europeans had,
any system in place to do so,
at least like the post Roman, world. I
don't know about the Romans, but, you know,
the middle ages, we had, you know,
ships that would go and traders that would,
you know, send shiploads of merchandise from one
place to the other. If a ship sinks,
it would wipe out an entire business even
if the owner was quite wealthy.
So
you had, like, pools of merchants that would
that would pool their money together in order
to mitigate,
loss and to keep themselves afloat. So that
one,
you know, one catastrophe
wouldn't wipe out a person completely.
But the idea is what
is that people used to do those, functions
not as a way of making money. And
this is what where where it's important. This
is where it's important. It is permissible to
have insurance in the sharia,
and it is actually a good idea in
many cases to have permits insurance in the
sharia.
But it is not permissible to use it
as a way of making money.
And so
the, model,
of Takafel,
of of, like, guarantorship
that,
you know, worked in the past and can
still work and works in other countries right
now currently and still can work
in any marketplace,
whether it's Muslim or otherwise,
and can work in the United States of
America as well, is that you have an
insurance,
and then you have people who pay into
pay premiums into a pot.
And then that pot of money is used
to pay out,
claims,
but on a nonprofit basis.
So what does it mean that it's a
nonprofit basis? It means that
whatever,
money is put into that into that pool
at the end of the year or at
the end of,
you know, whatever time period is ordained,
whatever money is in excess of what is
necessary in order to keep that
in, that that that pool running,
it has to be paid back to those
people who paid their premiums out.
And, oftentimes, insurance is much more,
sophisticated than that. The money doesn't just sit
as cash in a bank account, but it's
invested out and things like that. And all
of that is okay. There's nothing wrong with
any of that. You know, to to run
these, to run these transactions in as beneficial
and as profitable a way as possible is
a good thing.
But
at the end of the day, you know,
you're allowed to take money from that pool
in order to pay the administrators, to pay
the accountants, to pay the the IT people,
to pay all those people who who run
and
administer this account.
And, you know, you pay out the the
the claims that are valid according to the
the charter of that, insurance that people sign
up for.
But nobody can profit from it as a
business. You know, you can have
officers and,
administrators that get paid a salary for doing
the work that they do, but it cannot
be a for profit business.
And we
have insurances of that type already functioning in
the United States.
And, that class of insurances that
follow a,
a a type of,
you know, a type of model that's similar
to this, I'm told are called mutual,
insurance.
I'm not, like, the biggest, like, finance expert
in the world nor is this meant to
be a, you know, a really high level,
Darsa about the functioning of,
Islamic finance in the modern marketplace. But this
is so that you can understand the basic
what the basic issue is. And you can
understand that in general, there are principles, then
how those principles are applied in real life.
They take on,
multiple forms that are
in ever branching and ever increasing,
possibilities
of complexity and difference. But the usul, the
universal principles on which they're based
are, are are are a few, and you
just have to understand them. That is haram
and haram,
and you can't use them to make money.
Because what is the what is the hookum
in the book is that, you know, to
eat from that, to eat from from from
profiting from
from horror,
from from uncertainty and transaction,
it's it's impermissible
because, you know, people should know what they're
doing. They should know what they're getting into.
They should be know what they're paying. They
should know what they're paying for, and they
should know what they're getting out. Otherwise, the
intelligent will take advantage of, of the unintelligent
or the people who have
superior means in order to know what's going
on will take advantage of those of less
means. And that's exactly you have this complete,
like, marketplace where you have all sorts of
messed up transactions.
You have weird, like, for example, the subprime
mortgage lending,
scandal. What was part of it? Part of
it is this, is that you have a
variable rate that you have to pay back
to
to the lender, and you don't even know
what the you I mean, you have no
idea what that rate is. And, other than
the the riba side of the the the
the the unlawfulness and problem problematicness
of those transactions,
you have this whole other issue of what
is that there are people who have better
credit, are getting fixed rate,
fixed rate loans. So even though the rib
eye is an exploitative process, but it's
exploitation is mitigated by the fact that the
people who are paying for those loans, they
know exactly how much they're paying. Whereas on
the flip side, people are signing up and
they see the initial rates that they have
to pay on those variable rate mortgages.
And,
then thereafter, those like they go astronomical. They
flip into the sky, and the person who's
getting the transaction isn't expecting that it's going
to be like that. But it ends up
being like that when they read the fine
print,
because they essentially signed for something. They didn't
know what they were, what they were getting
into, and, that's because they didn't read the
fine print. Someone can say, well, I should've
read the fine print. Well, even if you
don't read the fine print in many of
these transactions, there's no way you can
there's no way you can know what's going
on.
And further than that and worse than that,
you have, like, things like derivatives and short
sales and, you know, these types of things
where you're
neither transacting in any
real property. You're just using money to massage
more money out of money. And you're
essentially they call them bets. They're saying, well,
we're hedging this bet with this bet, etcetera,
etcetera.
And, it's as if, it's as if, you
know, people don't even pretend that some of
those things are just gambling.
And, you know, like a short sale is
like betting that something will go down. And
if it does go down,
then, you know, that person will will, you
know, the person that you get the short
sale with, that person will pay out to
you, etcetera.
These types of transactions, they don't provide any
sort of meaningful benefit to society,
and they are very prone to,
they're very prone to being unpredictable
in a way
that, is very harmful for for the marketplace.
And there are some people who are in
a position to benefit,
but those people are, generally speaking,
people who have an unfair advantage,
over others. The whole, you know, the whole
principle of distributing,
distributing risk,
in a an equitable fashion
between different, parties to
a business, in a way that
people's risk is commensurate with their ability to
profit,
that,
that that principle is completely thrown out the
window.
And so, Varar is very problematic for that
reason. It's very problematic for that reason.
This much Varar is,
is not tolerated,
from the by the sharia.
And, you know, one of the problems is
this is that
look, as Muslims, we have a lot of
very wealthy people. We have a lot of
very talented people. We have a lot of
people who are very successful in different,
different spheres of life.
And,
many of them are trying to give and,
like,
give their advice about deen. Leave those things
for
the You know, if you're a doctor,
develop a flu vaccine that doesn't have pork
in it or, like, you know,
you know, develop vaccines that don't have in
them.
Make sure that this COVID vaccine, when it
comes out,
that it doesn't have, you know, like,
the the protein of unslaughtered animals and then,
you know, make a heparin, you know, the
blood thinner for,
people that's not derived from a porcine,
source. You know, make a developed treatments,
you know, for,
for Muslims that are,
you know, that are complimentary to our,
our ethical,
and our legal tradition.
You know, if you're a lawyer, you know,
work on
getting wills that are recognized or marriage
contracts that are recognized
that will protect people,
in their Islam,
when those marriages fall apart or in the
case of the dispute when it comes to
court that otherwise wouldn't recognize the dean. If
you're in the business world, you know, get
that
get that know how together and get a
a a mutual,
insurance,
going. And I'll I'll switch my car insurance.
You know, I have to have car insurance
in order to drive, and I don't like
giving the money to GEICO or Esurance or
State Pharma or Allstate or any of these
other
haramkhor,
you know, type, companies. I don't wanna do
business with them. I'd rather do with Al
Amana and Alparaka and Tawakul,
you know, whatever,
Takafil Limited. I'd rather do business with you
guys.
Make investments that I can put my money,
that I can sink it my sink my
money into.
You know, make,
you know, there's so many things that that
that we need to that we need to
do. And I'm not saying do it free
All of you make these businesses and get
paid from them, make money from them. I'm
the one, Insha'Allah, you can always ask me,
you can always text me or email me.
And if I'm not, like, half asleep or
or or, you know, running from pillar to
post and, like, open the message and then
forget about it or make some mistake, I'll
I'll answer you for free, inshallah. I'll help
you out for free. The rest of you
go out there and make money. Make you
know, be successful in the world.
Run it so well. Run your your insurance
so well and make it, you know, so
efficient.
And since it's nonprofit, make it cheaper so
it can compete with all of these, like,
kind of fake,
money massaging, cheaters out there that are just
basically, in
a They're consuming the wealth of the palm,
in Patil and selling, you know, risk or
selling gambling, for nothing. You know, do do
better than them because the fundamentals on which,
these things are based in our deen are
more solid
than, than the
and the the the the transgressions that other
people are based on. You know, instead of
everyone trying to do a workshop and then,
you know, saying, oh, I'm gonna give a
about the Black Panther this week or whatever,
nonsense type of things.
Leave that for the people who, like, you
know,
spent more than 5 hours on
And the rest of you the rest of
you, you know, work to apply the deen,
learn the the facets of the deen that
apply to your field, and work to
bring that up to a a a sacred
standard as well. Someone might say, oh, well,
look at this guy. He's trying to be
all territorial and, like, you know, keep, you
know, keep people out and preserve his authority
and keep people out of his fear of
the deen. And I'm not trying to be
that at all.
I mean, hey, man. You wanna be Shayk?
Be my guest. You know, you can you
if you study hard for 3 years, 4
years, you'll you'll know more than I will,
and I'll take a back seat. But if
you wanna take the ri'asa, the the leadership
of this ummah in your ilm, then actually
go learn something.
Instead of opening, like,
you know, instead of taking a clip of
a workshop and then, like, starting to comment
on everybody else's Facebook and, like, reading some
posts and regurgitating some, like, sound bites and
things like that. Go ahead. You learned something.
I didn't learn all that much.
It won't take you that much long to
learn more than me. Go ahead and learn
something. I myself will say, okay. I'll take,
like, whatever,
some college course and, like, go get, like,
a corporate job. You guys can then be
the the people who are the guardians of,
of of the ilm. Nothing would make me
happier
than walking into a masjid of a 1,000
people and being the one who's the least
learned in the Sharia.
I would sit at the feet of every
one of them and try to learn something
from them. And if I could make a
normal living without having, you know, waking up
in the morning with, like, whatever, a 100
WhatsApp about shave my cat, like, you know,
accidentally,
tripped and fell into a a well and
swam in it for 5 minutes, and then
we made would do from that, and then
whatever. Instead of having to do, you you
guys go ahead and deal with it, inshallah,
learn all of those things and deal with
them. You know, one of the things
by the way, many people will complain about
the bad akhlaq, quote unquote, of many,
scholars when asked questions.
And maybe some of you experienced this also
with me that I'm, like, kinda, like, shifty.
If you ask a question, I'm avoiding it,
or it takes me a long time, or
I don't give a clear answer or whatever.
A partial part of that is, like, you
guys ask really hard questions
And, like, in order to look up the
answer of certain questions, if I'm lucky, it'll
take me an hour. I'll look up the
answer to the question and find it.
And if I realize in that process that
something I said in the past was wrong,
I'll be happy to be like, I was
wrong. And if you're like, what kind of
shaykh is this? He doesn't even know how
to answer. Then go find someone more learned
and bother them, Insha'Allah. And tell me who
they are so I can go bother them
as well. One of the reasons that oftentimes,
the masha'i, like, have a weird look in
their face when they when you ask them
questions, because people ask them really hard questions.
And, if you're lucky, you'll know where to
look the answer up. If you're not lucky,
you'll you'll be like you'll be looking just
to see what book the answer will be
in,
because you don't know. So it would make
me happy if other people, were there to
be able to, do those types of things.
At least in the old days,
there was a a quote
that,
Mullah Uys Namazi,
our, good friend from,
I guess he was from, Blackburn at one
point, and now he's sold out and moved
to London. So shame on you.
But,
very learned brother.
Learned in in in in Arabic. His Arabic
is amazing. His Persian is amazing. His Urdu
is,
chased Masha'Allah. Very well read person. And,
you know, a person of enough
eccentricity
to be interesting, but not so much as
to,
you know, jump off the bus of sanity.
And, a person I really have a lot
of love, for and I have a lot
of respect for, he
he mentioned actually,
a
and if you saw him on the the
beautiful thing, if you saw him on the
street, you would have no idea.
But,
you know, if I had my right, I
would if I was Sultan, I'd force him
to wear, like, a 13 yard turban just
so the people will respect his knowledge.
He had a post about,
a post,
with a excerpt from
I believe it was, Abu Mansur Al Maturidi
who said what? That the sustaining of knowledge
in society
is a a fard,
and it it needs to be funded.
Right? So you can have all these kind
of pious people who are like people who
read a little bit of it, but really
mainly are more Han Tahi Sufi, like, tremble
in the fear of God type of people.
And because they see that nobody else is
actually, like, serving this ilm,
so then they feel like, okay. We'll stand
and take the off of the,
off of off of the,
and we'll serve this ilm as much as
possible. What's the problem? Many of them are
not, you know, super in a position to
be able to do that because in order
to, like, answer a question properly, it requires
a lot of books.
It requires a lot of time. It requires
a lot of effort. It requires a lot
of energy.
And, if you if you don't have, like,
a a a gainful means of livelihood,
then that process can get botched. So Abu
Mansur Umaturi, he said that what? That is
the responsibility, the ummah, to support these people.
It's a wajib. It's like not just like
a like a ethical responsibility. Like, oh, look.
I'll buy organic and cage free when I
have the money. No. It's actually like a
wajib on the ummah. It's a commandment obligation
communally on the ummah to support these people.
And, if the Qom refuses,
then,
it's not far fetched to say that they
you know, just like the sultan has the
right to fight them to take the,
to take the money of zakat if they
refuse to pay zakat just like that. The
the the sultan has the right to, by
coercion, take that money out in order to
be able to support this class of people.
Obviously, I don't have the sultan. I'm not
in a position to coerce anybody nor do
I want to. I'm a nice guy whether
you believe it or not. I am a
very nice guy.
I'm so nice. You never knew anyone as
nice as me. I'm big nice. I'm like
a huge nice. Like, I'm anyway. But the
point is is this is that
without regards to our personal scenarios and situations
right now,
this is a this is a a sound
thing, a sound concept. And if it's not
implemented, which it's not in the the day
and age we live in, you're gonna get,
like,
a a second rate scholarship. So if you,
you know, if you think Mullah is being
testy and, trying to preserve his own little,
his own little sphere of authority or whatever,
be,
take glad tidings and good news that I'm
not trying to preserve anything,
for myself.
If you go and you actually bother to
learn
Arabic and bother
to read the books of the tradition and
bother bother to read hadith,
better than, than I did, which is not
it doesn't it won't involve a whole lot
of effort, to be very frank with you.
Then then I'd be happy to surrender, whatever
little
authority on whatever little hill, I stand on,
to you. In the meanwhile, the rest of
us, let us learn the knowledge that is
relevant to what we're doing,
in our lives, and let's apply it because
you cannot build a civilization on khatibs.
You can't build a civilization on YouTube stars.
You can't build a civilization
on, like, you know, a 100000 people who
each have a 100000 followers on Twitter. Can't
do it. It's not gonna work. You need
people from every facet of life,
that are good at what they do and
who,
implement
what they do
in confirmation,
to,
in confirmation
conformance to the the the sacred law so
that the barakat
from the higher realm and the blessings and
the rahamat can, and the Nur and the
ruhani and the,
the light and the spirituality
and the spiritual effluence of the upper realm
can flow into the lower realm
and and irrigate,
our fields
and be what we see, and what we
hear, and what we eat, and what we
drink, and what we live by, and what
we, by Allah
one day die by. So is not is
not
cool. My brothers and sisters work on
mitigating
our in transactions.
Well,
Rish Rish is just outright deception.
One of the meanings of the word Rish
is,
is is what? It's
to not have other people's well-being in mind
or to wish harm to another person. When
you have for a person, you wish good
for them. You're their you're you're their where
you're you're their
where well wisher.
Right?
You're a person who wishes good for the
other person. And so the opposite of that
is And so the the the
context of transactions
is to fool another person or to,
to portray
your wares or what you're paying for as
one thing, and they're actually something else
if,
it was known by the one that that
that was being that that transaction was being
foisted on. What the reality of that thing
is, that person would not have transacted that
way. You know, using counterfeit money in order
to buy something or selling something that it
says itself
counterfeit or fake or defective or second rate
or whatever.
And, you know, our forefathers,
the Aslaf,
the companions, and the righteous and pious
from from from the beginning of this ummah,
many of them were merchants. Even our Nabi
was a merchant, but they never set
sold, second quality goods. They never sold, garbage
crappy quality goods. In fact,
Imam he
had a a store in in in Kufa,
and it was very, very successful.
And,
you know, he had he was a he
had the the best cloth.
Is a a a, I believe, a mixture
between
between,
wool and silk that made a really fine
cloth.
And, he he he he sold the best
cousin, all of Kufa,
and, he made a lot of money doing
it, and he spent it on his students.
He spent huge amounts of wealth on his
students,
so that, so that this, knowledge could survive.
And, you know, I know, there are many
haters out there who are like, oh, look.
They see Molana Saab from.
What kind of maliki is he? He's a
fake faker Hanafi. He talks about Hanifa half
the time anyway. Right?
Well, I have a salaf in this as
well. Look look how does Hafez ibn Abdul
Bar talk about a
Look how the
how look how Malik
described Abu Hanifa despite having rigorous rigorous disagreements
with both his fit and his methodology.
He said, this man, this Kufin, is such
a genius
that,
if he were to if you were to
make a claim that that pillar over there
is made out of solid gold, and obviously,
nobody would think it is. It's obviously not
made out of but if if he was
to say it was solid gold, he would
have brought a proof, for his claim as
well that people would, like, not be able
to deal with. Like, they wouldn't be able
to shut down.
And,
Masha'Allah, Abu Hanifa,
Allah have mercy on him for so many
services he did for this Ummah that are
irreplaceable
by anybody else.
One of them is what is he he
may he had a lot of money, and
he spent, he spent a lot of money
in order to make sure that this deen,
works and functions. And, like, the the, you
know, the i's are dotted and the q's
are crossed,
with regards to this dean and the FICC
that he came up with. Whether or not
we agree with it all the time,
we have to accept the fact that that
is the Madhab on which empires were built,
and which caliphates and sultanates ran. The only
2,
you know, the the 2 Medaha that, the
I would say majority. It's not true that
the only 2, but
the majority of the states that that,
ran in the Muslim world, ran either on
the Maliki or on the,
on the Hanafi.
And, far more on the latter than the
former. Why? Because he took time to learn.
He took time to teach. You know, other
people were doing other things, and he was
as a grown adult male who was already
a sheikh, still spending his time sitting at
the feet of those who have more knowledge
than him until, he came to a point
where, he amassed a huge amount of ilm,
and he would literally,
he would employ if a student was a
promising student. He would employ that student,
you know, Qadhi Abu Yusuf, who was the
first Qadhi Qadhi, the first, chief justice of
the caliphate.
He
was the son of a farmer,
and his father sent him to Abu Hanifa's
halakah to go learn for a while. Then
afterward, he yoinked them out and said, hey.
I gotta you know, we gotta work the
fields.
Otherwise, we're gonna go hungry. Abu Hanifa says,
how much will it cost to hire a
day laborer,
for you for for a week in order
to work the fields with you instead of
him?
And so,
father,
he he said x amount. He's like, here
here it is. Next week, come back and
get the next week's wages from me. Just
let him study.
And Abu Yusuf, during the reign of Harun
al Rashid becomes literally the second most important
person in the entire
the political life of the entire,
umrah after Harun Rashid, the the the Khalifa
himself.
Which is what? Which is amazing because he's
an alim. He's a scholar of deen. He's
a scholar of deen.
And
this level of,
this level of
implementation
of the divine law from above, which is
unconcerned,
unconcerned
with
petty,
rodent like
desire to gather more and more money, food,
material things. I'm concerned with them. And concerned
with what? Establishing the celestial order of, of
what's above, the clean and pure and spiritual
order of what's above
in a way that's below, so that we
can preserve this world, and we can,
preserve the living things on this world, whether
they be human, whether they be animals, whether
they be plants, whether it be the air,
the water,
the the the the the soil,
whatever it is that we can preserve and
protect all of them from injustice and from
and from from oppression and from,
crossing the limits of Allah
so so that everybody can live happily, and
we can return this Amanah, this trust,
that was given to us in a form
better than what what what was given to
us. And it can be a matter of
pride on the day of judgment that Allah
to Allah, if he says, I made you
Khalifa in my work in my in my
creation. What did you do with it? They
can say, yeah, Allah. This is what we
did. We couldn't ensure that it was perfect,
but we at least made sure that the
poor were fed. We at least made sure
that the that the, that the criminals were
locked up. We at least made sure that,
you know, we we we tried our best
to,
bring justice into this world so that people
could be free to remember you, those who
wish to and those who are heedless, that
they cannot point a finger at anybody else
other than themselves for that.
And, you know, we can't say that nowadays.
Hiroshima and Nagasaki got the atomic bomb. You
know, the coral reefs are all being bleached.
There's a hole in the ozone layer. There
are, you know,
majestic and beautiful whales that are beaching up
with, like, kilograms of plastic being pulled out
of their, out of their stomachs.
There are microfibers in almost every fish in
the ocean. You know, animals are going extinct
by the day. And,
you know,
a virus hits us, and the earth is
actually
doing better because of it.
And that's that's not a good state of
affairs to be in. And, like, that's awesome
that there's, like, iPhones and, like, Boeing 737s
in the air. The Supermax may not be
flying, but the other ones, at least, are
flying. It's
better than getting around on a camel. I
get all of that. You know, you're watching
a darce on YouTube. Right? That's great. That's
wonderful.
You know, you know, look how pious
you are for listening and how pious I
am for
talking. Allah correct us for for correct our
mistakes and Allah forgive us for, not rendering
these things in the quality that, that that
that this sacred knowledge deserves.
But the point is is what? Is that
that was only possible that was only possible.
Why? Because he spent on his,
on his students from the government's money.
No. Much of that that that, you know,
those students, many of them were studying in
the time of the collapse of Banu Umayyah
or before Banu Abbas got its bearings together.
They spent their own money. They're wealthy people.
They spent their own money,
in,
in in proliferating
this knowledge.
That they they that was clean money, halal
money, and clean intentions from clean and pure
people. And that seed they planted it in
the ground and it became a tree. InshaAllah,
those the trees that our Aslaf and our
Masai planted
will keep giving fruit until the
even though the masajid that we built, you
know, people are getting the fist fights in
them. But the tree that, our Asaf planted,
it will give fruit until
and, if we don't have anything to,
you know, show on that day,
at least we can scramble and look for
them and grab onto their feet inshallah.
Allah
exalt their rank and,
give them,
the maqam that they deserve, that they should
be the fakhrul ummam, not just the umam,
the prophet sallallahu alaihi wa sallam.
And,
what
is haram to eat by is Khadi'ah,
and Khilaba.
Khadi'ah and Khilaba are,
2 synonyms,
and they describe what? They describe
kissing up to people
and being fake with them in order to
get a position with them or in order
to get some favor or, something with them.
That's also
a haram,
and that's also
a a type of bottle, and people should,
people should avoid it.
Khadiya is what? It's a type of deception.
The first is Nafir, and the second is,
the second is
awesome.
And,
you know, they they, you know, the people
of Nifa'a, of hypocrisy are those who,
those who cheat
or or try to deceive,
the people,
deceive Allah and the people who believe, and
they don't deceive anybody except for themselves.
But they don't. They
don't know.
They don't know,
they don't know. They think that they're getting
away with some some deception, but all they're
doing is they're cheating themselves.
And Allah from
the flesh of,
terrestrial animals has made haram,
meta.
Anything that dies
on its own without being slaughtered
ritually.
And, it's interesting that even in the Quran
itself,
you know, this is part of the literary
style of Arabic
that when listing a number of things that
they should be in descending order of importance.
So meta, meaning the, you know, the question
is, what if somebody
which is more haram?
A a halal animal that's unslaughtered or a
pig that was slaughtered properly. Although you technically
can't slaughter a pig properly or whatever, but
what's more haram? The fact that it's unslaughtered
is, being haram is mentioned in the Quran
first.
To blood and then unslaughtered animal, then the
then the flesh of slime.
And, so according to according to this
stylistic,
stylistic analysis of the uslub, of the Arabs,
it's we would seem to suggest that that
that,
you know, this idea of, like, well, it's
not it's not pork, so it's not really
haram.
This is a a a type of approach
to the, to the sharia that doesn't seem
to, show a whole lot of understanding and
doesn't show seem to show a whole lot
of understanding of of the Quran itself.
So he says that Allah,
transcendent is he above blemish
has, made illicit
the eating
of those animals that are unslaughtered,
and blood and the flesh of swine,
and that thing which is,
that thing which is,
slaughtered for,
anything other than Allah
Meaning, if a person makes a sacrifice in
the name of
in the name of anyone other than Allah
If a person makes a sacrifice in the
name of,
in the name of an idol or in
the name of human humanity or friendship or
god knows what,
all of those are all of those are
haram and illicit to eat. Now it's interesting
actually in the Indian subcontinent,
I believe it's not only with this the
the people, the followers of the Sikh religion,
but maybe also with some Hindus as well.
There were those who when they saw that
the Muslims have a ritual,
slaughter method,
they took
they took
offense to it,
which is fine. They're obviously not Muslims.
And, the Sharia,
at least the interpretation of the Sharia that
the, judges of the state, took toward them,
granted them that. And, I don't think it's
completely
unreasonable.
And so the the 6th, they have a
a slaughter method they called
literally means to, like, snap something.
And so they say that it's, a sacrilege
to kill an animal in the in the
name of god. So when they slaughter, they
purposely don't slaughter in god's names. If you're
going to if you're going to eat something,
don't slaughter in god's name because we don't
kill things in god's name, and this is
a sacrilege. And so they considered it to
be,
they consider it to be,
just like blasphemy.
And so they say, if you're gonna slaughter
the animal, slaughter the animal without,
you know, without using God's name. And that's
obviously
if a Muslim does that, it's completely haram.
Why? Because
what do we say? We say, look, if
it's bad to kill an animal in the
first place, then don't kill an animal. We
also consider it bad to kill an animal.
And, if it wasn't that we that our
and that the prophet
who came from Allah
informed us what? Informed us that,
that
the,
that the that the Lord gives an exemption
to this,
detestability
of killing an animal,
and it has to follow a set form,
then we would not only not slaughter according
to that set form, we wouldn't slaughter at
all. We would have been vegetarians.
As many Muslims end up becoming when they
don't have access to meat which is slaughtered
in a proper in a proper fashion.
And it's it's written in the books of
Tafsir that the, that Banu Adam was not
allowed to eat meat.
And eating meat is one of the concessions
that, that was given to the
the the believers after the time of saying
the Nuh alaihis salam as a as a,
easing of the Sharia,
after the catastrophic
effect of the, the flood,
which, destroyed so many people. And Allah knows
best.
So, you know, we wouldn't we wouldn't have
we wouldn't have eaten anything,
if that was if that was the case.
And this is, you know, a kind of
small small, like, little aside.
This is a type of sophistry that,
you know, people who
believe in multiplicity of truths,
engage in. Just the idea of having multiplicity
multiplicity of truths means that there's no no
such thing of as truth at all. Obviously,
when we say this, you know, we say
with all due respect for the people who
believe those religions,
as human beings, we obviously don't believe in
their religion.
And so that's why,
you know, that's why we're not the same
religion.
And so we reserve the right to explain
why we disagree with their religion without having
to necessarily,
belittle or belie the individuals where there are
many of whom are people, that have shown
great goodwill to Muslims and to other human
beings, over the years.
But,
you know, one of the problems with having
these religions that they say, well, we all
believe that all these different religions are,
different paths,
to the same god
is, it's a type of sophistry in which
you say that there's, like, a multiplicity of
truths and everyone has their own truth, which
means
there's no such thing as falsehood anymore. And
if there's no such thing as falsehood, there
is no such thing as truth.
And it's just a fancy way of of
sophistry of saying that there's no such thing
as truth. Right? There's some people who say
there's no such thing as truth. There's some
people who say that truth exists, but we're
it's unknowable.
And there's people who say that there are,
different forms of truth. All of them are
just all sophistry, which basically negate the,
the existence of truth with a capital t.
And so, even the 6, who believed in
who believe or claim to believe in all
religions being a a path to the same
god.
Well, you have these these type of problematic
issues, like, with regards to slaughter,
which is that if our religion was a
path to god, then you wouldn't believe it's
a blasphemy. It's very interesting, actually. They have
very few dietary laws when compared to Muslims
and the Jews. But one of the dietary
laws that they do have is that anything
that was slaughtered in the name of God,
is completely unlawful and offensive to them in
their religion. And this was brought to my
attention,
when I was in college, and we tried
to bring halal into our university. And a
a a a sick young woman was saying,
well, you know, like, I support you guys
in, like, you know, wanting to do your
own thing and stuff like that, but, like,
we can't support you in this one thing
because we just this it's against our religion.
And I just I didn't know that. I
mean, I was
kind of blown away. I was taken aback
by that at that time, and I I
kinda did a little bit of research and
found out that it was,
it was actually true. But then, I guess,
we can't be a path to the same
god then,
and which is fine. Muslims never believed in
universal
salvation.
You know,
either others are right and we're wrong, or
we're right and others are wrong. I'm willing
to put my money on,
I'm willing to put my money on us
being right and other people being wrong. With
all due respect to practitioners
of,
of other religions,
I feel like what we what we brought
makes a lot more sense than what they
brought as philosophically far more robust. And if
someone wants to tell me that, you know,
logic isn't everything, I agree with you. It's
not everything. But, without it, you know, things,
by definition get a little bit wacky.
So
and we're happy with what we have.
But, but, yes,
if a person were to slaughter
even if a person were to slaughter with
deliberately with the intention of not taking the
name of Allah,
that would not that slaughter would be haram
by consensus. And, you know, there's this issue
about the Tasmeya, about the the the name
of Allah have having to be mentioned at
time of slaughter. According to the Hanafis and
according to the Maliki's,
the slaughterman has to take the name of
Allah in slaughtering.
And the optimal way is to say Bismillah
Allahu Akbar, but it suffices to say Bismillah
or suffice to say Allahu Akbar or even
Allah or to slaughter the name of Allah
Ta'ala. If a person is tongue tied or
unable to speak or, like, legitimately, like, forgets,
like, through forgetfulness, still the slaughter in the
Maliki school is considered to be valid.
And if a person, purposely doesn't say it
on their tongue, but they're Muslim,
when slaughtering, according to the,
the
and, again, our
scholars can correct me if I'm wrong.
Just leave a comment, and I'll I'll make
sure to mention it next time if I
mention something wrong. But, my understanding is that
the the the most correct opinion in the
is
what is that it is
a to say the name of Allah at
the time of slaughter. And if a person
doesn't say the name of Allah at the
time of slaughter, the slaughter is still valid.
And this has to do with a an
author
related from the messenger of Allah
that says Bismillah is in the heart of
every Muslim.
And,
but the idea is what even then according
to that understanding,
if a person intentionally like, intentionally not not
saying the name of a lot at the
time of slaughter, not necessarily
because
they're, like, comfortable with the idea that the
sun lies in my heart,
so I don't have to say it.
But, like, because they're just slaughtering
on purpose without the name of Allah because
they don't want they just wanna kill animal.
I would wonder whether the
would consider this to be,
lawful, illicit
or not.
So meta is is bogus.
It's haram.
It's as haram as pork is in a
qualitative sense,
and in degree, maybe even more haram than
pork without getting into that that discussion.
So this whole thing, like, well, dude, I'm
not at least it's not haram. I'm not
eating pork. It may not be zabiha or
whatever. You know, like, this whole halal man's
zabiha man
YouTube clip, level of 5th is all nonsense.
This is a marketing gimmick that was
started by,
you know,
a a very particular company that wasn't run
by Muslims at the time,
in order to
market the fact that their their meat was
apparently slaughtered,
and, you know, make that as a value
add to their marketing ploy,
but not
offend those people who are like, just say,
it's all halal,
type of people because,
you know, getting into fake arguments even when
you're right is not a way of
making friends, oftentimes.
I love it.
His his is so high with Allah
The body of the Quran who recites beautifully,
everyone will love them. All the will love
them. Shia and Sunni will love them. Even
a non Muslim, even an atheist if they
hear if they hear one of our, Quran
who's, like, really jamming with that with them,
maqams and all that stuff to say, that's
beautiful. That's so beautiful. They'll love that person.
But the,
he he may not even get along with
people in his own
much much less,
much less, much less everybody else.
But the the fact of the matter is
it's it's bogus. Like, you can't you can't
be eating that stuff. It's it's not it's
not right. It's not proper. And, if, the
definition of meta is everything other than than
than big, then, please do do go ahead
and show me
where any of our or any of our,
any of our books of or any of
our,
gave it that definition. It most certainly doesn't
have that definition.
And, you know, anybody who wants to, you
know,
try to have a working
viable legal system that doesn't
respect precedent, then please,
be my guest. Go right ahead.
And so we,
we continue that anything that's,
slaughtered
for other than Allah or in the name
of anyone other than Allah,
is also
so,
he says what? He says that also haram
is those things that are mentioned in the
ayah.
That thing that
fell from,
that thing that fell from,
a height,
like, from a mountain, or that thing that
was gored to death. Like, it was, like,
beaten, you know, like someone when Rodney King
on the
on the on the thing, you know, beat
it with a stick or something like that,
and it died from the beating.
Or the
that thing that died from asphyxiation,
or something else,
that all of these things. And the thing
that that that also is mentioned in the
in the Quran is
that thing that that was gored, that was,
like, hit or bat with something
or
or that thing that, was eaten by wild
animals,
and died, thereof. But there's the rest of
the the rest of the, carcasses there. All
of those things are haram. I I guess
I saw, like, some sort of, like, video
or documentary about some,
a tribe somewhere, I think, in Kenya,
that they're able to, like, basically, like, freak
out lions
and just walk up to a lion while
it's eating a carcass and just, like, hack
pieces of that carcass off and take it
away.
They're obviously not Muslims, but, like, if they
became Muslims, they couldn't eat that anymore. They'd
have to themselves slaughter. And then if they
wanted to, you know, throw a cut to
their old business partners, maybe they could do
so,
after after after having slaughtered themselves. But, you
you know, you can't eat something that's already
been,
that's already been killed by an animal.
And this brings up another issue in the
5th, which is
because he mentions
those things that will spread along to death.
So it is possible that something is still
biologically alive
and you slaughter it, but it's still haram
to eat,
which, you know, introduces the the the idea
of, like, legal death. And there is a
definition of legal death in in,
in the malakimab for an animal,
meaning a condition beyond which that animal cannot
be
validly slaughtered or lawfully slaughtered because its legal
cause of death already has occurred,
and it's just a matter of it to
going on to die. And the Hanafi madam,
my understanding is that,
that's, that, you know, when an animal is
in that situation, as long as there's any
sign of life in it, you'd still cut
the throat and say,
as long as there's any sign of life
in it,
that, that that you can still slaughter the
animal. And it's called
the
It's suboptimal, but it's still valid.
In the school,
the animal has to have and, again, you
can correct me if I'm wrong. The the
the animal has to have,
something called,
that it has to be able to
have some stable type of life. Like, it
cannot have been mortally wounded. It cannot have
been affected or afflicted by something that it
will die of. It's just a matter of
it, like, actually going through the process of
dying of that thing.
Whereas the Malekis, they they have,
I believe. That 7. I believe there are
7 things that are the legal causes of
death,
of an animal. Like, for example, if it
like, the brain casing is shout shattered, or
if the carotid arteries are cut or if,
like, the the body cavity is cut to
the point where, like, the stomach
and the
intestinal tract is, like, showing. And so if
any of those are
are,
are have been, like, executed,
then the animal is considered to be legally
dead.
And so if an animal falls from a
height and just breaks its leg, but, like,
those things haven't happened, then you'd still slaughter
it. But if an animal, like, falls from
a height and it's like head is cracked
open and, like, you'd see its brain,
then,
even if it's still alive and breathing and
things like that,
slaughtering it is not going to render it,
lawful for consumption.
Okay. So there's, inshallah, there's a a couple
of that are,
connected to this issue,
but, we will get to them tomorrow
in the interest of,
not making the lesson,
super long or go over the hour mark.
If anyone has any questions, we will be
happy to answer them. There's a bunch of
salaamu alaykum, in the
comments for all of you guys.
And
and somebody
noted that I was imitating Trump.
I'm too humble to do that.
I'm so humble. You never seen anyone as
humble as me. I think Trump actually did
that one time, which is really funny. And,
like, I don't think he was being sarcastic.
I think he actually was, like,
trying to explain how humble he was to
people. But,
Allah Allah protect us.
Allah protect us,
all of the things that we do and
that we say that are gonna look real
dumb on the day of judgment or even
in this world. Allah protect
us. We see refuge in
Allah from the evils,
of our own souls
and from from our, from, the the evil
that comes from our bad deeds.
Allah
give us
protection
from this illness and from all other afflictions
of this world and the hereafter.
Some of our brothers and sisters that are
very dear to us are afflicted with it
right now. Please make dua
Allah give them shifa,
whoever from the Ummah of Sayed Muhammad sallallahu
alaihi wa sallam. Allah has decreed that this
should be their,
their ticket to pass from this world. Allah,
subhanahu wa ta'ala, accept it from them as
a form of shahada
and, forgive them their sins
and elevate their ranks and make it
a means of expiation for them
and make, the patients in the saber a
bit easy for their family,
and for their loved ones they leave behind
and reward them for that as well. Allah,
subhanahu wa ta'ala, open the doors of our
masajid again
soon. Allah ta'ala, open the doors of his
rahma again for us soon. Allah, subhanahu wa
ta'ala, give us an opening for his father,
in this world and in the hereafter from
from his grace that he should give to
us such a gift that we did nothing
to deserve and that we, can never do
anything to pay back. Allah
give help to those who helped to Umasid
Muhammad
and give help to those who are just
and kind with his creation
and make us from amongst those people. Allah,
subhanahu wa ta'ala, use this means and every
other means and no means at all because
he's the only one who can affect without
means,
in order to cripple and in order to
restrain, in order
to decimate those who wish ill and harm
to this ummah and to the creation of
Allah
and who, wish to profit and enjoy themselves
while harming others and don't don't care, don't
don't mind, and don't bother
doing that. Allah
protect us from that evil.
Allah
will be our our protection and our salvation.
You Allah there is no
refuge nor is there any safety or salvation
from you except for in you. So we
seek refuge in you from our own selves
and from, from all of the evil of
your creation,
from all of the evil of those who
are beneath your,
might that you have control of.
You Allah protect us protect us from from
all of those things and protect us from
ever running afoul of your grace or running
afoul of your pleasure or your happiness, You
Allah.
Protect us and take us by the take
us by the hands and restrain us from
ever running afaw of your good pleasure in
this world already hereafter.