Hatem al-Haj – #25 Fiqh of Family – Maintenance on Relatives and Slaves
AI: Summary ©
The speakers discuss various conditions that can lead to "weird" feeling, including poor relatives, needy relatives, and "monster" experiences. They emphasize the importance of remembering certain conditions and keeping it close relatives. The responsibility of individuals to maintain parents' health is emphasized, and the use of "ar neither" to avoid confusion and punished for spending too much on parents. The HANA fees are discussed, and the importance of history and the depletion of slavery is emphasized. The speakers briefly touch on the topic of dressing slaves and the importance of being a good person.
AI: Summary ©
Last last summer, so not ready
to proceed. So, let us go over the second chapter today which is the chapter on the maintenance of relatives and slaves that are part of one memory
while insanity mountain camera no longer died in the 620, after the Hydra seven his book on the defect, combating manual water inszone under the chapter 11 Africa catabolic chapter on maintenance of relatives and slaves rather than South Africa to add here and along
the way in Salou
men, what Many areas will be forgotten how to see if I can have my own ra him it is mandatory to spend on one's parents, his grandparents, however many generations up his children and their descendants, however, many generations down and those from whom one inherits whether in the form of designated chairs that is, you know, food or residue Aries that is tall sleep, this is the case when they are poor and one has money to spend on them. three conditions he mentioned here in this paragraph for one to be responsible for their relatives, what are those three conditions?
One
their close relatives.
So he mentioned here are Medina sub, which is basically the pillars of his lineage, which means it has ancestors and descendants, they have different ruling and descendants, they have different ruling rulings and all that.
And then those
from whom
you inherit.
If you inherit from them, you are responsible for them. If you inherit from them when they die, you are responsible for them when they are alive. It's not clear. That's the Hanbury method here okay. And we will come to talk about the others shortly. The second condition is
that he mentioned here is that kind of Pokhara have the are needy.
The third condition that he mentioned here is well I have my own family him and he is capable. So the the Sustainer
is capable, because they can live for long enough son in law was a lot of not be very than a soul beyond its capacity. Now if he is capable of earning what we force him to earn to spend on his relatives, yes the embellies will force him to the to earn
their first force him to go to work.
Yes. So if you have poor relatives that you are responsible for, and you are broke, but you are capable of earning, they'll force you to work to spend on them.
I am not thinking we are I don't know about the medic, he's I'm sure that that is what forced him to earn.
So now if now they need to be needy, okay, this condition so sustainer is capable, capable meaning what not necessarily wealthy, but capable of earning even capable of earning. So either wealthy he has the money or he's able to earn it they will tell him to earn Okay, now, so this is one condition the other condition is needy. What does that mean? That these people that he will spend on they, he will not be required to spend on them unless they are needy. What is the exception and the embellishments have only the father can take from the child regardless of the father's need. That is not Hanafi Maliki or Shafi. hanafy Medical savvy they say that the Father will take from the child
only what he needs him berries and our medical Arabic You and your money are your father's or you and what you are what you own are your father's so the father can basically casually come in and say well
but but
They they added a condition menu at any other rabbit wallet without causing harm to the child because, you know, no matter what those colors those are, were always sensible. So they always made sure that they are sensible without causing harm to the child. So, like Mercy's Father, for instance,
you know, he like is living a very good life, decides that he wants a, like a bigger mansion.
He goes to his son, and he says, whatever, you know, I need a bigger image.
And it is likely not going to harm his son, it's likely not going to harm his son. So the idea here is to make the child the idea that the Hanbury is wanting to get across is that the child should understand that you are basically the property of your father. So you should be grateful to your father, you should be respectful, he should be this and listen, anyway.
Now
that even applies that does that apply to daughters and sons? Yes, it applies to viruses and sons.
Like the A who's responsible to maintain their parents, the sons only or the daughters as well, the daughters as well, are responsible to maintain their parents.
The others as well are responsible to maintain their parents.
So anti-american a beak applies to the Son and the daughter, certainly if they are wealthy, if they have they are well off, if they are capable, then it applies to both. So needy, that is everybody except that Father.
Who else
who else aside from the Father,
so minus father, that somebody only, but it father is also included in the year, but who else is minus here by agreement by consensus?
Wife,
because that is a contractual relationship.
This is not out of the kindness of his heart. This is a contractual relationship. When you get married, you support me, it's a contractual relationship, part of the marriage contract. Therefore, it isn't like if she's not needy, she has like $5 million in her bank account. She wants him to spend on her because he is the husband, then he has required.
Now all the arrangements nowadays, when the career women and women, women who work and so on, and then they sit down and figure out, you know, how to make this equitable and since she's not dedicated, and that's a different story. These are different stories. But let's say she has wealth, but she's not going to work.
She has a dedicated house, wife, homemaker, but she has wealth she inherited millions of dollars from her parents. Now, is he responsible to spend on her yes, even though she's not needy. So needy will apply to any relatives, aside from the wife, according to the consensus, and the father according to the ham bellies.
So an ad is is another condition.
Now a while about closeness, that need to be close relatives. We said, try to remember this because so that you don't confuse yourself.
You're being Hanbury. So you try to remember this, and then the comparative stuff, like keep it a little bit, the peripheries of your mind.
So close relatives, it means ancestors and descendants, according to the Hanbury method, as well as those from whom you inherit those from whom you inherit.
ancestors and descendants, no matter how many generations up, no matter how many generations down, no matter what their gender is, no matter what their gender is, no matter how many generations up, no matter how many generations down, you're all you're responsible for everything that you came from, or that came from you.
Okay? Now, the people that you from whom you inherit, if they
are needy and you are capable and your
let us say
nephew, who
from whom you will inherit,
from whom you will inherit.
And there is no one, no one
to block you from the from inheriting from them, like, your brother died.
So you will inherit from your nephew, you are not blocked, you will inherit from here in the view here and if you need sustenance, you have money, you're responsible.
Anyone, you know, all of the that all of the inheritance whether it is farther asleep, anyone that you will inherit from whether it is hard or fast sleep, your brother,
you would inherit from your brother.
Okay.
You're responsible to maintain your brother?
Yes, yes. That is yes. We're how many years? And that is yes, you're responsible to maintain your brother.
If your father is alive, you're not responsible.
But what if the father is alive? You're not responsible? Why because you are blocked, you are blocked.
Guys, try to understand that Listen, listen. What if your father is alive, your brother is here.
This is your father. This is your brother.
Okay. And let us say this is your grandfather, grandmother. Okay. Now this is you. This is you.
Your father is alive. You're not responsible for your brother.
Your father is not alive and you will actually inherit from your brother. You will inherit from your brother by class. You are responsible for your brother? What if your grandfather is here? And this is your father. And this is you.
And your father is mooser like your father is capable?
How do you responsible for your grandfather? No. Your father should be
what? If your father is incapable? incapable but alive? Are you responsible for your grandfather?
Yes, even though you are blocked. Why? Because that is an exception when it comes to our moodiness.
For other relatives, if you're blocked, you're not responsible for the ancestors and descendants. That does not matter. You're blocked you're not blocked. Only if you are blocked by mooser someone capable to spend whether you be not responsible. But if you are blocked by someone more or incapable, then you are still responsible as long as it is a moody NASA. It is the pillars of your lineage. People that you came from, or people who came from you up and down from you, no matter how many generations far away.
If you're
lucky, then you're not responsible.
But But the idea here is that when it comes to aside from Armada and NASA, aside from Armada and NASA, if you are blocked, you are blocked, you are not responsible. So
responsible for spending the meals I mean, in this case, right with the exception
or
was the exception of spending
Are the parents, the parents the any, when it comes to spending on the parents?
The woman is like the men
when it comes to spending on the children, what if they are young children one of the our adult children that are incapable?
Is it the man's responsibility only to spend on the end capable adults, the children?
In these are incapable Yes.
It is the man's responsibility only to spend on their incapable adult children.
According to whom the majority who said now the shaft is they said, it will be one third and two thirds, the mother will be responsible for one third of the Father will be responsible for two thirds of their maintenance that is incapable adult children. When we say incapable adult children, does that mean incapable because they don't have money or incapable of earning.
That's controversial. But the stronger position that was chosen by Tamia and Holly Hill fatwah, which means that this is the authorized position to give fatwah incapable of earning. So if you have like,
yes, a child that your son is incapable of earning, not that he wants to wake up at 10 o'clock in the morning and just to, you know, play video games?
No, he's actually incapable of earning his then you are responsible for them? Is that clear?
Now?
Let me go over. Okay, I will give time for the question so that we don't
give time for questions at the end, because otherwise we're not finished, I just want to finish the other mazahub. Now. So, the now the the who said that you are not responsible? That you see how the embeddings are saying those from whom you inherit, aside from the ancestors and descendants have a freezer closest to him berries, but with as tweak a slight difference? What is the slight difference between the canopies and ham, berries hanafy say could Laura Herman Muharram, every kin that is unmanageable, you are responsible for them, whether or not you inherit from them, called Laura human Muharram every person that is unmanageable, you are responsible for them, whether or not you inherit
from them. So, if you are a man, what about your uncle,
your uncle,
are you responsible to spend on your uncle? Yes, because had he been a woman, he would have been unmanageable, switch his gender to be opposite from switch his gender to be opposite to your gender. If he was, if he were a woman, he would have been unmanageable. Therefore you are responsible to spend on your uncle
block did not block to inherit does not inherit anyone who is an marriageable.
I want to tell you one thing that is important here, the hammer fees in particular,
keep in mind,
when it comes to the cat to Givens, a cat, the general rule that you want to remember is that if you're responsible for them, you can forgive them as a cat. Now, let's talk about exceptions.
There are exceptions.
You know, when it comes to the exceptions are very limited when it comes to the parents and
the hands than the ancestors in general.
exception, there is no exception when it comes to the wife. He can give you as a cat to your wife spend your wife frame years ago. But there are some exceptions. When it comes to the parents. There is some controversy and I'm not going to go into the details of who said what, but I want you to remember that there is some controversy about this. If you are incapable of spending and you have a cat, you are poor, but you still
Have a cap to give and you're incapable of taking care of your parents. Some said some scholars said they would be more deserving to give them this than others.
You have $3,000 in the bank, do you really are you really capable, but you have done a sub. And so now, then,
when it comes to the HANA fees, in particular aside from the majority, they don't apply this rule that if you if you are required to maintain, you can give Zakat to people beyond the ancestors and descendants, all the other relatives, all the other relatives, it is called the seller, seller.
They are giving basically because force for the seller salata Rahab, and for them, you can give them as a cap according to the HANA fees. So even though the HANA fees widen the the circles of those who are required to spend on they still allow you to give Zakat to them, if they are not your wife, your parents and your kids,
the widen the circle of those that you can give Zakat to now the honeyberries if you are required to give the cat you cannot give them if you are required to spend on them, you cannot give them as a cap. That's the medical interface as well. There are some exceptions that in what sense, the cap is given for two people for their poverty but Zakat is given to people for other causes. Also, what if your father is busy? Mujahid What if your father is a harm in that? This is a different discussion you asked for a factor because there's there's so much details here. But in terms of say cap for poverty, no, you will not give you a cap to the people that you are required to spend on according
to the honeyberries
so if you want to remember some like golden rules here, you would never give yours a cap to your wife or kids.
You will not you will almost never give yours a cat to your parents almost
beyond this, just try to figure out try to review what we talked about and figure now the Maliki's and shaeffer is the that is the HANA fees and Hanbury is the widen the circle of those that are responsible for their maintenance the mannequins and Safra he's wanted to limit things a little bit and and you know, they wanted to remove all this category. They said that the Prophet sallallahu Sallam said the solar power either miskeen solar power either the Rahim SOHCAHTOA Salah that sadaqa you know when you give silica to a miskeen that phonetic interface when you give some nakatomi scheme that counts as Saba only when you give sadaqa to the Euro ham, it counts as sadaqa and
joining the kin and seller salata Rahim, joining the kin, they said this means that you could give yours a cap to someone that is the
one about receiving through Zadek that is inserted Baqara and upon the errors at UT like this. They said this is specific to our other. This is not about maintenance, this is specific to other and there is much disagreement about about what the word is here means. But if we agree with you, this is specific to the case of Radha, how did you generalize it to maintenance of everyone?
And the end like I said, they said the Prophet sallallahu Sallam seven sakata miskeen sakata Rahim sakata Masada you know, giving charity to the miskeen counts as charity and given the charity to miskeen that is related to you counts both as charity and joining the cane. So he wanted you to prioritize your cane in your charity. And that includes soccer because when the Prophet said South Africa, he did not only mean the South Africa that is non obligatory, but in his lingo is a cap. His quote was called South Africa.
So the Maliki's then said, we will limit this to the shepherd is first said we will limit this to your ancestors and descendants. The wife is out of the question. The wife is always it's a contractual thing. It is not even talked about
But those that you are responsible for, because they are related to you, not a contractual relationship that he related to you, the shaft and he said, your ancestors and descendants. nomadic is limited this to
your immediate ancestors and descendants, your children and your parents, your children and your parents. Nowadays, you know, we would encourage people to be kind to their relatives. But it seems that the Medicare or the Shafi position
are more practical nowadays, because to demand someone to be responsible for all their clan, you know, whoever is needy in their clan responsible for their maintenance, it is not like they're giving them charity out of the kindness of their heart, but rather responsible for their maintenance, they will be forced to go out to work to support them, it could be overwhelming for many people.
So then the sheikh said, we're in Ghana, for a period where it's an exercise in Africa to LA Mata de Mira Singh, in Lebanon, in Africa, who Allah because if a poor person has two or more ears, his maintenance is binding on them in proportion to their shares of his inheritance. This excludes the son because his father, that that means the order daughter, because his father is already is responsible for his maintenance. So if the father is there, no one it's not like the little share, and let's figure out who's responsible for father is there everybody is safe, Father is not there, then everybody will be will come in. And then we will determine how much do you inherit from this,
this much, you're responsible for this much of their maintenance, how much you inherit from this, this much, you're responsible for this much of you that means if the child had wealth and died, you would have inherited from them, therefore, you're close enough to be responsible for them when they don't have wealth, and they are in need.
One other molecular meme loci and in fact, we had a woman actor on a monitor in one case with in Amjad ojibwa, bury him in photo booth, Eric, it is binding on the masters of slaves to spend on them and to provide them with food and clothing they need. If they failed to do that, then they will be forced to sell them, if they the slaves demanded, if they demand.
And
has, as I said before, and you know, the agenda on slavery because slavery is always an issue that is
in our consciousness, because of, you know, the way slavery has been practiced, you know, in modern times, or close to modern times. We are, we are sort of, were expectedly
repulsed by it. But our consciousness if you want to talk about slavery and why Islam was not a radical abolitionist from day one,
the things that you would have to mention are worth because I mentioned them several times, and you guys should be able to remember them. What are some things that you will have to mention
that I said, the first thing that we have to mention is
we don't want it back like that Islam, you know, alphabet, food, and so on. And it is not all of the explanation that we will provide, does not mean that we are basically
reminiscing about a war we wanted back.
Don't
want it.
Back then Sri Lanka, South Korea shadow,
the shadow the legislator that's God the divine is eager to
give freedom to people. The second one
that we mentioned
on the previous scriptures as well, okay, but these are all important. But the second one is that it was never a racist.
It was never a racist practice. It was never targeting a particular race. In fact, the majority of slaves during the, you know, Islamic era were from Central Asia
who came
So it was not but it had people of all races, it was basically a non racist institution. In other words have people of all races Arabs
you know, Adi Mahara.
You know, Persian, Roman, African everybody. Okay, so the third one is
you could then I want you to get this out, you know, upfront, and then talk about everything else that we'll talk about *. Rasul, Islam did not invented that not invented, it was an established thing. And then you would want to say that there, Islam,
the gradual depletion of slavery, the system of slam made gradual depletion of slavery put so much emphasis on the gradual depletion of slavery by increasing the tributaries, the branches, and limiting the tributaries, the tributaries into the river of slavery became one thing only, which is the combination of golf and harp, he cannot enslave people, unless there is this combination of copper and copper alone without heart, we can't enslave them hard, which is war alone without COF if you fight against Muslims, you cannot enslave them, it is the combination of corporal and harm that became the only source of slavery in Muslim history
which cement what that they were not killed, that there was interest to keep them alive, there was economic incentive for the Warriors, because these are people that killed your brothers, you know, and it is human nature that you want to advance your people your father who just died, your brother and so on. So, there was an economic incentive here to keep them alive. So that it hasn't adversity can come from the you know, a lineage of enslaved people, so that so that all of the you know, the greatest disability can be born into Islam from ex slaves,
okay.
So, the depletion, and then we even have the system of macatawa where they can like airing their freedom. So, that is giving them the the empowering them to earn their freedom and making it is making it binding on the Muslim community to support them as they show sort of potential to be independent and to earn their freedom and so on. And number five is the treatment of slaves that is much less than you could mention, like Napoleon, for instance, talking about the excellent treatment of slaves and
in,
in, in Muslim history or in the Muslim countries,
the slaves became so fans, you know, that we have DoubleClick nomadic, we have the dynasty of the slaves, ex slaves, but upward mobility was very easy. During Valentine's covasna, naughty, the freed slaves, the era of the freed slaves, because they were the masters of the sciences, during Gaza, Tibet, and we had the dynasty of the slaves, which is ex slaves.
These are just quick ones, but just try to remember them and bring them up when this discussion discussion comes in to try to be well versed in poised and eloquent and
sort of smart logical.
Now, when it comes to the network on them, when it comes to the Africa on the slaves,
where are they placing the order of Africa?
Where are they placing the order of Africa
before your children before your children
before your children after your wife only
Why? Because the wife has a contractual relationship. Okay, it comes first. The slaves are a form of a contractual relationship. They come second that your children it's similar because of their, you know, closeness to you. They come after the slaves. So first you
like if you
have food,
take a bite, give your wife a bite give you slaver by then give your children a buy.
Now your children are buying for three parents. That's that's controversial.
You know you could give precedence to your children because of their because they are little or you could give precedence to your parents because of the right
but anyway, but the order the order before this is you take a bite, then you give your wife a bite, then you give your slave a bite when you give your child slash parent a bite.
Okay. Now then they talked about an avocado.
In the in there, in the books, they talked about an avocado, bam and they forced you to sell your livestock if you're unable to.
Yeah, so if someone finally found an emaciated donkey, for instance, they can report it to the authorities and then they will come to the owner and they will force the owner to save the donkey
or if it is a cow, they will force him to slaughter the cow because you know life and misery thus for the cow would be better than life in misery and hungry so force him to slaughter the cow to sell the donkey
have you know not keep an animal that you are incapable of supporting? So you get like a cat and you know you don't have enough money to spend on the cat or this or that they'll force you to to get rid of the animal.
So that the animal can be afforded certain food sustenance.
And you know, the this chapter is actually marvelous chapter in the books and the books of for details effect.
Go read it and charge metalia that or shuffle now, or some Hanbury book, if you can.
really an interesting subject.
Anyway, we'll stop here and we'll come back in three minutes to finish the last chapter which is a small one on Lima or the wedding banquet.