Hatem al-Haj – Coherence of Sharia 011 Conditions for the Validity of Intention – Absence of Nullifiers 3

Hatem al-Haj
AI: Summary ©
The speakers discuss the concept of "hamma" and its use in sh arcade, as well as the importance of resolving actions and behavior inOCD and behavior. They stress the importance of resolving actions and behavior and emphasize the importance of terminating one's intention to avoid negative consequences. They also discuss hesitation and hesitation in actions and hesitation in actions, as well as the consequences of negative actions and hesitation. They emphasize the importance of terminating one's intention to avoid negative consequences and emphasize the importance of resolving actions and behavior. They also touch on the default ruling of the church and the rule of not changing the depth of the church.
AI: Transcript ©
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Bismillah, alhamdulillah, salawat salam wa rahmatullahi wa barakatuh,

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ala alihi wa sahbihi wa man wala, thumma

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amma ba, to proceed.

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So, inshallah, today we will finish nullifiers of

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the intention.

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So the things that invalidate and nullify our

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intention.

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We've talked before about shirk wa tashriq.

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We've, you know, shirk is combining or mixing

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intentions.

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We've talked before about al-taraddud wa al

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-shaq.

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We've talked about doubt and hesitation.

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Doubt and hesitation about the niyyah.

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In concluding the niyyah.

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And today we will talk about al-istisnaa,

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which is exception.

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And we will talk about al-qata and

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we will talk about al-tagheer.

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We will talk about several nullifiers.

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So let's start with al-istisnaa, which is

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exception.

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What does istisnaa mean?

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Istisnaa means to say inshallah.

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To say inshallah, to make the niyyah conditional

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on the mashia.

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The mashia, God's will.

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To make your niyyah conditional on the mashia

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is called istisnaa.

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So we translate this as exception.

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Because we can't figure out a better translation.

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So al-istisnaa is exception.

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And the meaning of this is actually conditioning

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intention on mashia.

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Mashiaat Allah.

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God's will.

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So when you say something and then you

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say inshallah.

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Why are you saying inshallah?

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Are you saying inshallah for affirmation?

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Or are you saying inshallah to make it

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a conditional statement?

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So if Allah wills, I'll do it.

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But sometimes people say inshallah as a habit.

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Sometimes people say inshallah for confirmation, affirmation.

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That's not called istisnaa.

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So keep this in mind.

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If you're saying inshallah as a habit or

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you're saying inshallah for affirmation, that is considered

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istisnaa.

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Istisnaa is when you say inshallah to actually

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make it a conditional statement.

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To actually make it a conditional statement.

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So then what are the types of istisnaa?

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And when do you say inshallah and how

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does it affect your statement?

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So first of all, this would be this

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principle of the istisnaa or the exception.

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Invalidating your intention applies only to aiman and

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nuzur.

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To oaths and vows.

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If you say I will pray inshallah, that

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does not invalidate your action.

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I'll pray inshallah, I'll fast inshallah.

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But when you make an oath, you say

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I will never talk to him or I

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will talk to him inshallah or something.

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You make an oath or a vow.

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And then you say inshallah, which means you

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will not be breaking your vow.

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You will not be breaking your oath.

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So if you break your oath, if you

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don't do it, you don't need to make

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an expiation or kaffarah.

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Because you said inshallah.

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And inshallah makes it a conditional statement.

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So it makes the vow or the oath

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ineffective in the sense of not being liable.

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So it's ineffective so you will not be

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liable for breaking your oath, breaking your vow.

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So it would not be a bad idea

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to say inshallah with that intention in mind.

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Because you are in control, Allah is in

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control.

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And you never know what could happen.

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You never know if you change your mind.

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So just say inshallah and you will not

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need to expiate because you will not break

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your oath.

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Now is there an exception here?

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They made an exception.

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So oaths and vows, the niyyah will apply.

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The niyyah will be invalidated by the exception

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or istithna or conditioning on the mashia.

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What if it is talaq or itq?

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What if it is divorce or emancipation?

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And you make it conditional.

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And you say inshallah.

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Invalidates it?

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No, it doesn't invalidate it in the madhhab.

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It does not invalidate it according to the

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authentic position in the madhhab.

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Imam Ahmad said, reported from Qatada that said,

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qad sha'allahu aindama abaha talaq.

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So someone says to his wife, you're talaq

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inshallah.

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I'll divorce you inshallah.

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I divorce you inshallah.

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Does that invalidate the divorce?

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Not in the madhhab.

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Not in the correct position in the madhhab.

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It doesn't invalidate it.

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So Imam Ahmad said, Qatada said, Allah willed

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it when he permitted it.

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When he made it mubah.

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When he allowed divorce, he willed it.

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Okay.

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Now, the position of the majority is that

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it will make it ineffective.

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And this is also another narration for Imam

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Ahmad that was chosen by Imam Taimur.

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You know, Imam Taimur had a little problem

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with divorces.

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And, you know, he wanted to make every

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divorce ineffective.

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He, you know, tried his best.

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And the reason why is quite obvious.

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People were divorcing left and right.

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And then they were doing tahleel.

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You know tahleel, when you divorce your wife

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three times and she'll have to get married

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to someone.

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And then there were people known that would

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basically spend one night with your wife.

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And then she'll be okay to remarry.

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And that was quite disgraceful and quite shameful

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for the ummah that it hurt some people.

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And he was one of them.

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Imam Taimur was one of the people who

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were hurt by this phenomenon, this social phenomenon.

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That was making non-Muslims basically radical, irradical

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our sharia, mock our sharia.

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So he tried his best to look into

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talaqs and to see if, you know, which

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talaqs, which of these talaqs would be valid.

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So what about talaq al-bid'i, talaq

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that is forbidden because it happened during the

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period.

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What about the three divorces in one?

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What about, you know, talaq al-mu'allak,

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conditional divorce?

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What about when you say to your wife,

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you know, if you step out of this

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home, you're divorced or something like this.

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What about, or if you talk to your

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sister, you're divorced.

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So anything.

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What about talaq al-ghadban, the talaq in

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the state of anger?

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What about talaq al-sakran, talaq in a

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state of intoxication?

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What about al-istithnah and talaq?

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What about, you know, exception and talaq?

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So every time, like, so he was extremely

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maqasadi in his approach to this issue.

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He just wanted to make sure that people,

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that talaq would be effective when people actually

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mean it.

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When people mean it.

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Mean to divorce.

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So for most of these talaqs, he made

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them ineffective.

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And basically his position on most of these

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issues is the law in most of the

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countries now.

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So here in the istithnah, it would be

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expected for him to say it would be

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ineffective.

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Because, you know, because of that motivation.

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And because it's the position of the majority

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at the end of the day that it

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is ineffective.

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So if the popular position in the madhab

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and the authorized position in the madhab is

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that it's still effective.

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But there was another narration for Imam Ahmad

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that it is ineffective.

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And he took that.

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He chose that or he favored that narration.

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So that's basically the issue with istithnah.

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Istithnah does not apply outside of oaths and

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vows.

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And when it applies in oaths and vows,

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their talaq and emancipation, divorce and emancipation, are

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an exception in the madhab.

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But they are not an exception according to

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a lesser, sort of like a weaker view

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in the madhab.

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That happened to be the stronger view according

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to the majority.

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And chosen by Imam Taimiyah, rahimahullah.

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Now, keep in mind that we may be

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able to say that the niyyah was not

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invalidated here by the exception.

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We may be able to say the niyyah

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was not invalidated by the exception.

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But the niyyah isolated from action is ineffective.

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So the exception invalidated the statement.

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It did not invalidate the niyyah.

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Is it clear?

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There is another way.

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This is another way to look at it.

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So when you say, I will go to

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Texas, inshallah.

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I swear by God, I will go to

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Texas, inshallah.

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And then you don't go to Texas.

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And you say, I said inshallah.

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And whether you say inshallah before or after,

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it's fine.

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But when you say, I will go to

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Texas, you will have to be making it,

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you will have to have the intention of

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making it conditional.

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On the mashia, on God's will.

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If you say, I will go to Texas,

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and then you remember afterwards, let me say

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inshallah.

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Because I'm not sure.

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That exception does not work.

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The exception that works is the exception that

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will accompany the statement.

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You're making the statement and making it conditional

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on the mashia or God's will.

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And in this case, you will not have

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to expiate, you will not break your oath.

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Because you made your oath conditional on the

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mashia or God's will.

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But if you say, I will go to

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Texas, inshallah.

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Or inshallah, I will go to Texas.

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Either one.

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I will go to Texas, inshallah.

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They say, in effect, in reality or in

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effect, the mashia is connected to the statement.

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The condition is connected to the statement.

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What do they mean by in reality or

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in effect?

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In reality, when you say, I will go

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to Texas, inshallah.

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It's connected.

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In effect, if there was only a short

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pause that was not meant, a short pause

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that was basically imposed on you by like

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a sneeze, a cough, you know, you paused

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to breathe.

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So, I would go to Texas, inshallah.

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Is that connected?

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It is connected.

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Why?

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Because the separation, the pause here was imposed

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on you by the cough or the sneeze,

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vomit, whatever it is.

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That interrupted this.

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So, when you say this, I will go

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to Texas, inshallah.

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Or inshallah, I will go to Texas.

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And then, you do not go to Texas.

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Did the exception or the istithna, the condition

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and the statement on the mashia invalidate your

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niyyah?

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We may say, that's the whole discussion here.

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They say it invalidated your niyyah.

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But there may be another approach to this,

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another take on this.

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Someone may say, no, it did not invalidate

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your niyyah.

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It just invalidated your statement.

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And a niyyah without a statement is ineffective,

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is inconsequential.

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A niyyah alone without a statement is inconsequential.

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Okay.

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Now, interrupting termination and resolving to terminate.

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To terminate your niyyah or to resolve to

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terminate your niyyah.

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That is the fifth invalidator or nullifier.

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So, in the discussion that we had before,

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we said that there are certain things that

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don't require a niyyah.

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Certain things that don't require a niyyah.

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We said, la thawaba illa bi niyyah.

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There is no reward without a niyyah.

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But there are certain things that don't require

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a niyyah.

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You know, on the top of these things

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that don't require a niyyah, the acts that

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are discernible by their own essence, their own

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nature.

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Do you need a niyyah for a niyyah?

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Do you need a niyyah for faith?

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Do you need a niyyah for iman, for

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faith?

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You don't need a niyyah for iman.

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Because you need a niyyah to sort things

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out.

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You need a niyyah to sort dhuhr from

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asr.

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You need a niyyah to sort fard from

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wajib.

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You need a niyyah to sort ibadah from

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mubah.

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You need a niyyah to make your sleep

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reward worthy.

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Because you're going to sleep to wake up

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to do something good.

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So when you bring the niyyah into this

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practice, behavior, or action, it becomes reward worthy.

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So you need a niyyah for these things.

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Do you need a niyyah for iman?

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Of course not.

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Because iman is discernible by itself.

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It just can't be anything but itself.

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Therefore you don't need a niyyah for iman.

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But what if you, God forbid, terminate that

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niyyah, or resolve to terminate that niyyah.

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You say, God forbid, I will just quit

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believing, or I'll leave Islam, or something like

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this.

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That resolve immediately terminates the niyyah, terminates the

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action.

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Now it's an action of the heart.

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Iman is an action of the heart.

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So that resolve immediately terminates the action.

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Keep in mind, this is resolve.

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All the OCD people here in this crowd

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and online, just don't worry about it.

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Because I'm going to get a lot of

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messages about this.

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This is when you resolve to terminate your

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faith, to terminate your iman.

00:21:37 --> 00:21:39

This is not a khawater.

00:21:40 --> 00:21:41

These are not the passing thoughts.

00:21:42 --> 00:21:43

This is not the nagging thought.

00:21:44 --> 00:21:45

This is not any of this.

00:21:45 --> 00:21:50

This is an intentional sort of determination to

00:21:50 --> 00:21:51

quit.

00:21:53 --> 00:21:55

So don't worry about it.

00:21:55 --> 00:21:57

If it is upsetting you, then it is

00:21:57 --> 00:21:58

not...

00:21:58 --> 00:22:01

If it is upsetting you, then you have

00:22:01 --> 00:22:03

not resolved to terminate your faith.

00:22:04 --> 00:22:07

If these thoughts are upsetting you, then you

00:22:07 --> 00:22:08

are a believer.

00:22:09 --> 00:22:10

And it's a sign on your belief.

00:22:11 --> 00:22:13

Because it's upsetting you.

00:22:14 --> 00:22:14

Okay.

00:22:16 --> 00:22:17

So...

00:22:17 --> 00:22:20

Now, what about the ibadat in general?

00:22:20 --> 00:22:25

Any time you resolve to terminate your ibadah,

00:22:25 --> 00:22:26

the ibadah ends immediately.

00:22:28 --> 00:22:34

So, when you resolve to terminate your salah,

00:22:35 --> 00:22:39

your ibadah, your salah terminates immediately.

00:22:40 --> 00:22:42

Sawm terminates immediately.

00:22:44 --> 00:22:48

Which ibadah does not terminate?

00:22:49 --> 00:22:50

Hajj and Umrah.

00:22:51 --> 00:22:51

Why?

00:22:52 --> 00:22:55

Because, as we said, there is a process

00:22:55 --> 00:22:56

to terminate them.

00:22:57 --> 00:23:01

You know, Allah said, complete the Hajj and

00:23:01 --> 00:23:02

Umrah for Allah.

00:23:03 --> 00:23:07

So, simply saying, you know, I quit, or

00:23:07 --> 00:23:10

even if you say to all people, bear

00:23:10 --> 00:23:14

witness that I'm quitting, that does not terminate

00:23:14 --> 00:23:16

them until you go through the process.

00:23:19 --> 00:23:21

Keep in mind that we will talk a

00:23:21 --> 00:23:25

little bit later about the difference between terminating

00:23:25 --> 00:23:28

the niyyah and the resolving to do an

00:23:28 --> 00:23:32

action that invalidates your niyyah or invalidates your

00:23:32 --> 00:23:33

act of worship.

00:23:33 --> 00:23:36

To resolve to do an action.

00:23:36 --> 00:23:40

To resolve to, like, eat during your prayer,

00:23:41 --> 00:23:41

or your fasting.

00:23:42 --> 00:23:43

We will come to discuss this.

00:23:44 --> 00:23:47

This is not the same topic as terminating

00:23:47 --> 00:23:50

your niyyah or resolving to terminate your niyyah.

00:23:50 --> 00:23:53

It's a different discussion with some nuance.

00:24:01 --> 00:24:03

I'll read the statement from al-Iqna' here

00:24:03 --> 00:24:10

about terminating your niyyah or even hesitating to

00:24:10 --> 00:24:11

terminate your niyyah.

00:24:12 --> 00:24:14

So, in al-Iqna' which is a major

00:24:14 --> 00:24:18

Hanbali book, you know, in the Hanbali madhab,

00:24:18 --> 00:24:21

if al-Iqna' and al-Muntaha are in

00:24:21 --> 00:24:24

agreement, these two books, according to the latter

00:24:24 --> 00:24:29

generations or the later generations of the Hanbalis,

00:24:29 --> 00:24:32

if al-Iqna' and al-Muntaha, these two

00:24:32 --> 00:24:35

books, agree on something, that is the madhab.

00:24:36 --> 00:24:38

That is considered to be the correct position

00:24:38 --> 00:24:39

in the madhab.

00:24:40 --> 00:24:42

And when al-Iqna' and al-Muntaha disagree,

00:24:43 --> 00:24:46

then there is a process to figure out

00:24:46 --> 00:24:47

the correct position in the madhab.

00:24:48 --> 00:24:52

But the simpler answer to this, go by

00:24:52 --> 00:24:52

al-Muntaha.

00:24:53 --> 00:24:56

The simpler answer to this, you go by

00:24:56 --> 00:24:56

al-Muntaha.

00:24:59 --> 00:25:01

Anyway, so in al-Iqna' which is a

00:25:01 --> 00:25:04

major, major book in the madhab, it is

00:25:04 --> 00:25:08

stated, one must maintain the intention until the

00:25:08 --> 00:25:08

end of the prayer.

00:25:09 --> 00:25:12

If the intention is terminated during it, or

00:25:12 --> 00:25:16

if one resolves the terminated, hesitates, doubts whether

00:25:16 --> 00:25:20

they intended it or not, or performs an

00:25:20 --> 00:25:24

action with doubt, and later recalls that they

00:25:24 --> 00:25:28

intended, or doubts about the opening takbir, or

00:25:28 --> 00:25:32

doubts whether they consecrated their prayer, takbirat al

00:25:32 --> 00:25:36

-ahram, with the intention of dhuhr prayer or

00:25:36 --> 00:25:40

asr prayer, and later remembers or intends to

00:25:40 --> 00:25:44

terminate it, or conditions it on something else,

00:25:44 --> 00:25:47

it is invalid in all these cases.

00:25:48 --> 00:25:51

So, you have to have al-niyyah al

00:25:51 --> 00:25:52

-azm al-jazm.

00:25:53 --> 00:25:56

Al-niyyah is the sort of resolve, decisive

00:25:56 --> 00:25:59

determination, decisive resolve.

00:25:59 --> 00:26:01

And you will have to maintain this.

00:26:02 --> 00:26:04

If you interrupt it, it is interrupted.

00:26:05 --> 00:26:07

If you doubt it, it is interrupted.

00:26:07 --> 00:26:10

If you hesitate about it, it is interrupted.

00:26:11 --> 00:26:14

You will have to continue to have that

00:26:14 --> 00:26:20

decisive determination to fulfill your act of worship.

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

Then he adds, وَمَنْ نَوَى الْإِفْتَارَ أَفْتَرَ فَصَارَ

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

كَمَنْ لَمْ يَنْوِي وَهَذَا فِى الْفَرِيدَ وَفِى نَافِلَ

00:26:30 --> 00:26:33

تَفْصِيلٌ يَأْتِي Whoever intends to break their fast,

00:26:34 --> 00:26:36

breaks it, as if they did not intend

00:26:36 --> 00:26:37

it at all.

00:26:37 --> 00:26:40

Whoever intends to break their fast, they break

00:26:40 --> 00:26:43

it, as if they never intended it at

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

all.

00:26:44 --> 00:26:46

This is in the far past.

00:26:46 --> 00:26:51

In the nafl fast, we will come to

00:26:51 --> 00:26:54

a little bit of detail there in the

00:26:54 --> 00:26:55

nafl fast.

00:26:56 --> 00:27:01

So, now, obsessive people, shouldn't you obsess about

00:27:01 --> 00:27:01

this?

00:27:02 --> 00:27:04

Isn't this like a little bit, you know,

00:27:07 --> 00:27:09

you know, isn't this a little bit concerning

00:27:09 --> 00:27:11

that you have to have, you have to

00:27:11 --> 00:27:16

maintain this decisive determination to fulfill your act

00:27:16 --> 00:27:16

of worship?

00:27:17 --> 00:27:20

Keep in mind, what they mean about this

00:27:20 --> 00:27:24

is to not hesitate about terminating the niyyah.

00:27:24 --> 00:27:27

Is to not hesitate about terminating the niyyah.

00:27:28 --> 00:27:31

They do not mean by this that you

00:27:31 --> 00:27:34

actively remember the niyyah all the time.

00:27:34 --> 00:27:37

That you are in a state of active

00:27:37 --> 00:27:40

remembrance of your intention all the time.

00:27:41 --> 00:27:43

Most people can't afford this.

00:27:43 --> 00:27:47

Like, you're praying as long as you do

00:27:47 --> 00:27:52

not resolve to terminate your prayer or do

00:27:52 --> 00:27:55

not hesitate let me terminate oh no, that's

00:27:55 --> 00:28:00

okay, I'll continue as long as you don't

00:28:00 --> 00:28:03

do this your prayer is valid.

00:28:04 --> 00:28:07

So istishab al-harb, presumption of continuity here,

00:28:08 --> 00:28:10

the niyyah that was a decisive determination at

00:28:10 --> 00:28:12

the beginning of the prayer will continue to

00:28:12 --> 00:28:17

be so until you resolve to terminate it

00:28:17 --> 00:28:20

or you consider it.

00:28:21 --> 00:28:23

Hesitate about it and consider it.

00:28:23 --> 00:28:27

Otherwise it is not terminated.

00:28:28 --> 00:28:37

Now he says here I

00:28:37 --> 00:28:43

added something for people with OCD because it

00:28:43 --> 00:28:48

is important you know for some reason I

00:28:48 --> 00:28:51

tend to receive a lot of questions about

00:28:51 --> 00:28:57

this although I'm not a psychiatrist but some

00:28:57 --> 00:28:59

people think that I would have a little

00:28:59 --> 00:29:03

bit more understanding of this issue so people

00:29:03 --> 00:29:10

with OCD you have to ignore that position

00:29:10 --> 00:29:13

that we talked about so the position that

00:29:13 --> 00:29:16

we talked about is the correct position in

00:29:16 --> 00:29:19

the madhhab which is hesitating to terminate your

00:29:19 --> 00:29:24

niyyah is like terminating your niyyah hesitating to

00:29:24 --> 00:29:27

terminate considering termination of the niyyah is like

00:29:27 --> 00:29:30

terminating your niyyah hesitating to terminate your niyyah

00:29:30 --> 00:29:33

is like terminating your niyyah this is the

00:29:33 --> 00:29:35

position of Abu Yaala, the position of Ibn

00:29:35 --> 00:29:40

Hamid who is the teacher of Abu Yaala

00:29:40 --> 00:29:43

Ibn Hamid is like a very big thing

00:29:43 --> 00:29:47

in Hanbali Madhhab so the position of Ibn

00:29:47 --> 00:29:50

Hamid is that it does not terminate it

00:29:51 --> 00:29:55

because the decisive determination that you had at

00:29:55 --> 00:29:59

the beginning of the action this niyyah this

00:29:59 --> 00:30:02

decisive niyyah that you had at the beginning

00:30:02 --> 00:30:06

is certainty and the doubt that results afterwards

00:30:06 --> 00:30:11

from this hesitation does not terminate your intention

00:30:12 --> 00:30:17

there is no way that people with OCD

00:30:17 --> 00:30:22

will survive without that position and this is

00:30:22 --> 00:30:26

the position that they must take and this

00:30:26 --> 00:30:31

is the position that anyone who has you

00:30:31 --> 00:30:34

know who has an understanding of this condition

00:30:34 --> 00:30:37

and the least amount of mercy in their

00:30:37 --> 00:30:41

hearts will have to give them in Ghayat

00:30:41 --> 00:30:44

al-Muntaha and you know the statement that

00:30:44 --> 00:30:47

I report from Ghayat al-Muntaha here Ghayat

00:30:47 --> 00:30:49

al-Muntaha remember I told you that Al

00:30:49 --> 00:30:51

-Muntaha are two books that are very important

00:30:51 --> 00:30:53

when they agree that's the Madhhab and when

00:30:53 --> 00:30:56

they disagree then there is a process you

00:30:56 --> 00:30:58

know part of the process is to look

00:30:58 --> 00:31:01

at the Tarjih in Ghayat al-Muntaha because

00:31:01 --> 00:31:04

Ghayat al-Muntaha is another book that brought

00:31:04 --> 00:31:15

together Al-Iqna' and Al-Muntaha brought

00:31:15 --> 00:31:17

together Al-Iqna' and Al-Muntaha so in

00:31:17 --> 00:31:21

Ghayat al-Muntaha he says if one invalidates

00:31:21 --> 00:31:24

their intention or doubts about it during worship

00:31:24 --> 00:31:28

not after completion of the act unless they

00:31:28 --> 00:31:32

become certain about its abandonment they should start

00:31:32 --> 00:31:37

over similarly if they doubt about washing a

00:31:37 --> 00:31:41

limb or wiping the head they should return

00:31:41 --> 00:31:45

to it or start over except in cases

00:31:45 --> 00:31:52

of obsessiveness so except in the cases of

00:31:53 --> 00:32:00

obsessiveness so you terminate your or doubt about

00:32:00 --> 00:32:04

it or hesitate about it your act is

00:32:04 --> 00:32:09

invalid your act is invalid he says that

00:32:09 --> 00:32:14

this is only during the act after the

00:32:14 --> 00:32:19

act after the you finish your act if

00:32:19 --> 00:32:22

you are not certain that you did an

00:32:22 --> 00:32:25

invalidator of the act or you missed a

00:32:25 --> 00:32:28

pillar of the act, your act is valid

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

that applies to all people that is not

00:32:32 --> 00:32:35

only for obsessive people you finish the prayer

00:32:35 --> 00:32:39

and then you say to yourself did I

00:32:39 --> 00:32:41

make rakuh and the third rakah or whatever

00:32:41 --> 00:32:44

it is that you you have to ignore

00:32:44 --> 00:32:46

this because this is the shaitan now playing

00:32:46 --> 00:32:50

with your head so you will have to

00:32:50 --> 00:32:52

ignore this after you finish unless you are

00:32:52 --> 00:32:58

certain certainty then you will have to repeat

00:32:58 --> 00:33:02

your act but without that certainty after the

00:33:02 --> 00:33:06

completion of the act never think about it

00:33:07 --> 00:33:10

never say to yourself did I do this,

00:33:10 --> 00:33:11

did I do that, did I forget this

00:33:11 --> 00:33:14

did I forget that that opens a door

00:33:14 --> 00:33:17

for the shaitan to basically ruin your worship

00:33:17 --> 00:33:21

and ruin your inner peace don't do that,

00:33:22 --> 00:33:25

that's it, it's done unless you become certain

00:33:25 --> 00:33:31

certainty ok, now he says that if you

00:33:31 --> 00:33:36

hesitate during the prayer about your niyyah or

00:33:37 --> 00:33:39

similarly if they doubt about washing if you

00:33:39 --> 00:33:42

have doubt about washing a limb when you

00:33:42 --> 00:33:44

are making your wudu or wiping the head

00:33:44 --> 00:33:46

and so on you should return to it

00:33:46 --> 00:33:52

or start over except for obsessive people they

00:33:52 --> 00:33:57

don't they just don't they ignore any obsessions

00:33:57 --> 00:34:00

they ignore any doubts they just keep going,

00:34:01 --> 00:34:04

keep going finish the wudu finish the prayer

00:34:05 --> 00:34:09

some of these obsessive people repeat the wudu

00:34:09 --> 00:34:14

60 and 70 times you can imagine how

00:34:14 --> 00:34:20

devastating devastating that is to their lives so

00:34:20 --> 00:34:23

they should just move on, move on, move

00:34:23 --> 00:34:27

on and then you don't give them you

00:34:27 --> 00:34:30

don't comfort them at all you have to

00:34:30 --> 00:34:33

be very firm with them because to try

00:34:33 --> 00:34:38

to tell them to sympathize with them is

00:34:38 --> 00:34:42

a secondary game is a secondary game because

00:34:42 --> 00:34:46

obsessive people they feel that they are scrupulous,

00:34:46 --> 00:34:48

they feel that they are wara and so

00:34:48 --> 00:34:51

on so when people sympathize with them it

00:34:51 --> 00:34:57

basically reinforces the obsessions it's a secondary game

00:34:57 --> 00:35:00

you tell them you have very bad thoughts

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

of your lord like you are a sinner

00:35:03 --> 00:35:05

you have very bad thoughts of your lord

00:35:05 --> 00:35:09

you think of a very vengeful you know

00:35:09 --> 00:35:15

unfair, uncaring god the god that you worship

00:35:15 --> 00:35:20

that these are not the qualities of the

00:35:20 --> 00:35:23

god that I know that I worship and

00:35:23 --> 00:35:27

things of that nature so that they recover

00:35:27 --> 00:35:32

otherwise you would be reinforcing their obsessions and

00:35:32 --> 00:35:41

helping devastate their lives ok then we the

00:35:41 --> 00:35:44

note that our discussion here concerns the intention

00:35:44 --> 00:35:46

and the sense of a firm resolution and

00:35:46 --> 00:35:50

its effect on distinguishing actions and the legal

00:35:50 --> 00:35:55

rulings that result from them the basic principle

00:35:55 --> 00:35:57

is that intention alone does not have any

00:35:57 --> 00:36:01

separate effect from the action for instance if

00:36:01 --> 00:36:04

someone intends betrayal with respect to a safe

00:36:04 --> 00:36:07

deposit they are not liable according to the

00:36:07 --> 00:36:16

correct view so intention alone you know in

00:36:16 --> 00:36:20

our discussion we are talking about intention from

00:36:20 --> 00:36:23

which angle from the angle of validating and

00:36:23 --> 00:36:28

invalidating actions, right we are not talking about

00:36:28 --> 00:36:31

intentions in the sense of reward and punishment

00:36:31 --> 00:36:33

in the sense of the hereafter in the

00:36:33 --> 00:36:38

sense of the inner thoughts and when do

00:36:38 --> 00:36:39

you get rewarded?

00:36:39 --> 00:36:40

when do you get punished?

00:36:40 --> 00:36:42

do you intend to do something but you

00:36:42 --> 00:36:43

don't intend it?

00:36:43 --> 00:36:44

do you get punished?

00:36:44 --> 00:36:48

what if you stop because of an external

00:36:48 --> 00:36:50

factor because of piety what if you intend

00:36:50 --> 00:36:53

to do it with disobedience and you stop

00:36:53 --> 00:36:57

because you couldn't do it the reward the

00:36:57 --> 00:37:02

sin or the good and bad this is

00:37:02 --> 00:37:04

not the discussion here this is a fiqh

00:37:04 --> 00:37:07

discussion it's about the consequences of the niyyah

00:37:07 --> 00:37:10

how the niyyah will affect the action is

00:37:10 --> 00:37:10

the action valid?

00:37:11 --> 00:37:12

is the action invalid?

00:37:12 --> 00:37:14

and things of that nature but that other

00:37:14 --> 00:37:18

discussion it should be reviewed in its sources

00:37:19 --> 00:37:22

in our discussion here in this discussion in

00:37:22 --> 00:37:28

this fiqh discussions the intention alone disconnected from

00:37:28 --> 00:37:33

any action or any statement doesn't have any

00:37:33 --> 00:37:36

effect doesn't have any effect the intention alone

00:37:36 --> 00:37:43

disconnected from an action or a statement let's

00:37:43 --> 00:37:46

say someone gave you a safe deposit to

00:37:46 --> 00:37:53

keep and you're keeping it for them you're

00:37:53 --> 00:38:00

keeping it for them in the closet and

00:38:02 --> 00:38:05

you say to yourself like if it is

00:38:05 --> 00:38:07

a safe deposit can you use it?

00:38:08 --> 00:38:10

no, it's not it's not something that you

00:38:10 --> 00:38:13

borrowed it's something that someone kept for you

00:38:13 --> 00:38:15

to take care of, to keep for them

00:38:15 --> 00:38:20

to basically save for them so, can you

00:38:20 --> 00:38:21

use it?

00:38:21 --> 00:38:22

no can you sell it?

00:38:22 --> 00:38:24

no you have to keep it in a

00:38:24 --> 00:38:28

safe place when you think of when you

00:38:28 --> 00:38:32

think of taking it out of the safe

00:38:32 --> 00:38:35

place to use it or to sell it

00:38:35 --> 00:38:39

or dispose of it you think of betrayal,

00:38:39 --> 00:38:41

you consider betrayal you intend to betray the

00:38:41 --> 00:38:51

trust now and then a fire

00:38:51 --> 00:38:58

erupts and destroys the property are you liable?

00:39:03 --> 00:39:07

you're not liable if you take it out

00:39:07 --> 00:39:09

of the closet and you put it here

00:39:09 --> 00:39:12

you haven't used it yet you just took

00:39:12 --> 00:39:13

it out of the closet and you put

00:39:13 --> 00:39:15

it here so that you could use it

00:39:15 --> 00:39:19

later and a fire erupts and destroys the

00:39:19 --> 00:39:23

property fire erupts and destroys the property are

00:39:23 --> 00:39:24

you liable?

00:39:24 --> 00:39:29

yes, you're liable because once you betray the

00:39:29 --> 00:39:32

trust you become liable even if it is

00:39:32 --> 00:39:38

a natural accident because you had basically betrayed

00:39:38 --> 00:39:43

the trust or said something in connection to

00:39:43 --> 00:39:48

that betrayal you have acted on that intention

00:39:48 --> 00:39:51

but the intention of betrayal alone will not

00:39:51 --> 00:39:54

make you liable the intention of betrayal alone

00:39:54 --> 00:39:59

will not make you liable now number six

00:40:02 --> 00:40:07

so we finished we finished the termination and

00:40:07 --> 00:40:14

resolved to terminate the intention of betrayal the

00:40:14 --> 00:40:18

intention of betrayal is inconsequential unless it is

00:40:18 --> 00:40:23

connected to an action or a statement the

00:40:23 --> 00:40:26

intention of betrayal is inconsequential inconsequential in what

00:40:26 --> 00:40:27

sense?

00:40:27 --> 00:40:33

our legal sense here of liability ok so

00:40:33 --> 00:40:37

now the next invalidator of the niyyah al

00:40:37 --> 00:40:40

-azm ala fa'al ala fa'alin mubtalin

00:40:40 --> 00:40:42

lil'ibadah resolving to commit an act that

00:40:42 --> 00:40:47

invalidates the worship so it has been established

00:40:47 --> 00:40:51

that terminating one's intention nullifies worship and even

00:40:51 --> 00:40:56

hesitation in this regard invalidates the worship in

00:40:56 --> 00:41:00

the corrective view in the madhhab people who

00:41:00 --> 00:41:04

have OCD they'll take Ibn Hamad's view that

00:41:04 --> 00:41:07

hesitation does not invalidate it once it is

00:41:07 --> 00:41:11

established any hesitation any doubt does not invalidate

00:41:11 --> 00:41:15

it once it is established ok so what

00:41:15 --> 00:41:19

if you intend to eat your praying and

00:41:19 --> 00:41:21

you intend to eat or speak during the

00:41:21 --> 00:41:24

prayer or your fasting and you intend to

00:41:24 --> 00:41:31

eat during your fast what does that do?

00:41:32 --> 00:41:36

breaks it no the Hanbalis will differentiate between

00:41:36 --> 00:41:43

two cases here one if the if the

00:41:43 --> 00:41:48

act intended the prohibited act contradicts the essence

00:41:48 --> 00:41:52

of the worship or does not contradict the

00:41:52 --> 00:41:55

essence of the worship so to intend to

00:41:55 --> 00:42:03

eat while you're fasting that contradicts the essence

00:42:03 --> 00:42:05

of the worship or not?

00:42:05 --> 00:42:09

yes it's all about not eating is salah

00:42:09 --> 00:42:10

all about not eating?

00:42:11 --> 00:42:13

no, salah is not all about not eating

00:42:13 --> 00:42:18

so if you intend to eat while you're

00:42:18 --> 00:42:27

praying that will not terminate your action keep

00:42:27 --> 00:42:38

in mind that we have the yes invalidates

00:42:38 --> 00:42:42

the fast does not invalidate the salah invalidates

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

the fast does not invalidate the salah we

00:42:52 --> 00:43:01

will talk about the nafla fast the mustahabbah

00:43:01 --> 00:43:04

fast shortly inshallah and the changing of the

00:43:04 --> 00:43:07

niyyah of the mustahabbah fast but we're talking

00:43:07 --> 00:43:16

here about intending to do a mahzoor and

00:43:16 --> 00:43:21

the difference between salah and siyam in this

00:43:21 --> 00:43:37

regard there is a statement here in

00:43:37 --> 00:43:52

arabic

00:44:07 --> 00:44:11

ok so let us move now on to

00:44:11 --> 00:44:13

the alteration of the niyyah or modification of

00:44:13 --> 00:44:18

the niyyah or changing the niyyah if you

00:44:18 --> 00:44:22

intend ok so if one transfers a compulsory

00:44:22 --> 00:44:25

act a fard to another fard what happens?

00:44:25 --> 00:44:36

you transfer your zuhr to asr both invalid

00:44:36 --> 00:44:40

zuhr invalid, asr invalid anything valid?

00:44:40 --> 00:44:41

huh?

00:44:47 --> 00:44:48

you're praying fard and you want to change

00:44:48 --> 00:44:52

the sunnah what if you're doing if you're

00:44:52 --> 00:44:56

doing zuhr and you switch to asr they

00:44:56 --> 00:44:59

will count it for you as enough if

00:44:59 --> 00:45:04

you continue with the intention of praying if

00:45:04 --> 00:45:07

you continue with the intention of praying and

00:45:07 --> 00:45:10

you don't disrupt the prayer so no disruption

00:45:10 --> 00:45:13

of the intention or the action they will

00:45:13 --> 00:45:16

count this for you as enough you will

00:45:16 --> 00:45:19

not get zuhr or asr out of this

00:45:19 --> 00:45:21

you're not getting zuhr or asr out of

00:45:21 --> 00:45:23

this but you're getting enough out of it

00:45:23 --> 00:45:27

if you continue to pray you do not

00:45:27 --> 00:45:31

interrupt the intention of praying mutlaq as salah

00:45:31 --> 00:45:36

just praying not a particular prayer just the

00:45:36 --> 00:45:45

intention of praying ok what if someone so

00:45:45 --> 00:45:49

the next one is one who transferred a

00:45:49 --> 00:45:52

nafl to a fard what do you get?

00:45:53 --> 00:45:57

nafl to a fard this is clarification?

00:46:11 --> 00:46:14

that's not about combination so it's not a

00:46:14 --> 00:46:18

clarification but you could you have to have

00:46:18 --> 00:46:21

the niyyah from the beginning according to the

00:46:22 --> 00:46:26

according to the madhhab and the majority but

00:46:26 --> 00:46:36

there is a disagreement so whoever transfers a

00:46:36 --> 00:46:38

nafl to a fard what does he get?

00:46:40 --> 00:46:47

nothing nothing you transferred a nafl to a

00:46:47 --> 00:46:48

fard you're going from the lower to the

00:46:48 --> 00:46:52

higher you get nothing you're going sideways you

00:46:52 --> 00:46:55

get nafl you're going from the lower to

00:46:55 --> 00:46:58

the higher that's so audacious of you so

00:46:58 --> 00:47:04

you so they don't give you they don't

00:47:04 --> 00:47:09

give you anything and going from the higher

00:47:09 --> 00:47:13

to the lower that works so you could

00:47:13 --> 00:47:17

transfer from a fard to a nafl you've

00:47:17 --> 00:47:20

transferred going from the lower to the higher

00:47:20 --> 00:47:23

you get nothing going from the higher to

00:47:23 --> 00:47:27

the lower you get nafl going sideways from

00:47:27 --> 00:47:30

equal to equal but maintaining the niyyah of

00:47:30 --> 00:47:40

the salah you get nafl now in the

00:47:40 --> 00:47:42

case of altering the intention outside of the

00:47:42 --> 00:47:44

acts of worship we consider the default ruling

00:47:44 --> 00:47:48

and the rule is that the rule is

00:47:48 --> 00:47:52

that كل ما كان له أصل فلا ينتقل

00:47:52 --> 00:47:55

عن أصله بمجرد النييه everything that has a

00:47:55 --> 00:48:01

default ruling does not change from its default

00:48:01 --> 00:48:05

merely by the intention meaning what and this

00:48:05 --> 00:48:07

is the last thing that we will discuss

00:48:07 --> 00:48:13

here in this in this session meaning that

00:48:15 --> 00:48:25

so you have like a property you have

00:48:25 --> 00:48:34

a bicycle this is a bicycle right and

00:48:35 --> 00:48:45

jewelry you could imagine it's a bicycle

00:48:45 --> 00:48:48

this is a necklace this is a gold

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

necklace this is a bicycle and so

00:49:00 --> 00:49:08

this bicycle you inherited or you obtained somehow

00:49:08 --> 00:49:10

you bought but at the time you purchased

00:49:10 --> 00:49:13

it you did not intend to trade it

00:49:14 --> 00:49:17

you did not intend to trade it and

00:49:17 --> 00:49:24

then and then later two months later you

00:49:24 --> 00:49:31

said to yourself I will sell this will

00:49:31 --> 00:49:35

it be zakatable it's a bicycle it's anything

00:49:35 --> 00:49:40

anything that you're using will it be zakatable

00:49:40 --> 00:49:47

then after like one year so now so

00:49:47 --> 00:49:51

this is Muharram and this is Dhul Hijjah

00:49:52 --> 00:49:59

and let us say you in Shaaban for

00:49:59 --> 00:50:08

instance you got you inherited the bicycle purchased

00:50:08 --> 00:50:11

the bicycle purchased it without the intention of

00:50:11 --> 00:50:14

trade you inherited the bicycle you found the

00:50:14 --> 00:50:17

bicycle and after one year it became yours

00:50:17 --> 00:50:20

it became you owned it after one year

00:50:20 --> 00:50:27

from announcement and in Shaaban you decided that

00:50:28 --> 00:50:31

you know I will sell it keep in

00:50:31 --> 00:50:33

mind this may not be just a bicycle

00:50:33 --> 00:50:38

this may be 20 cars like a fleet

00:50:38 --> 00:50:42

of cars that you inherited I will sell

00:50:46 --> 00:50:53

then comes Shaaban next year and you have

00:50:53 --> 00:50:58

to pay your zakat will it be zakatable

00:51:03 --> 00:51:15

no not zakatable why yeah

00:51:15 --> 00:51:21

so the default in trade goods the default

00:51:21 --> 00:51:27

in properties any properties for use any items

00:51:27 --> 00:51:33

for use that are trade goods the default

00:51:33 --> 00:51:40

is is personal use or trade the default

00:51:40 --> 00:51:43

is personal use the default is not trade

00:51:43 --> 00:51:50

it's personal use therefore the niyyah alone does

00:51:50 --> 00:51:55

not change that default the default is not

00:51:55 --> 00:52:01

changed by mere intention is that clear yes

00:52:06 --> 00:52:11

he said I will sell this bicycle no

00:52:11 --> 00:52:13

no he hasn't sold it yet he still

00:52:13 --> 00:52:18

has the bicycle but a year earlier he

00:52:18 --> 00:52:20

had made an intention to sell it so

00:52:20 --> 00:52:25

it's you know trade goods now after one

00:52:25 --> 00:52:27

year does he have to pay zakat no

00:52:27 --> 00:52:29

so when does he have to pay zakat

00:52:30 --> 00:52:38

if he displays it if he does something

00:52:39 --> 00:52:45

you know yeah in addition to the niyyah

00:52:45 --> 00:52:47

if he does something in addition to the

00:52:47 --> 00:52:52

niyyah this will transfer it to to be

00:52:52 --> 00:52:58

in zakatable something in connection so it's now

00:52:59 --> 00:53:03

different and this is the hanafi position by

00:53:03 --> 00:53:08

the way that you will need to display

00:53:08 --> 00:53:14

it to become zakatable to do something in

00:53:14 --> 00:53:45

connection to the to the intention yes

00:53:45 --> 00:53:51

what yes it does what if you have

00:53:51 --> 00:53:57

a necklace like a woman has a necklace

00:53:57 --> 00:54:12

and she decided to sell it what

00:54:12 --> 00:54:20

is that hmm it becomes zakatable immediately because

00:54:20 --> 00:54:22

the default for gold and silver is that

00:54:22 --> 00:54:29

it is you know zakat so the default

00:54:29 --> 00:54:32

for gold and silver is different from the

00:54:32 --> 00:54:35

default of other properties for use the default

00:54:35 --> 00:54:38

for all properties for use is that they

00:54:38 --> 00:54:43

are for personal use until you actively do

00:54:43 --> 00:54:46

something to sell them the default for gold

00:54:46 --> 00:54:52

and silver is they are trade goods until

00:54:52 --> 00:54:58

proven otherwise until their trade goods by default

00:54:58 --> 00:55:02

their trade goods by default so he says

00:55:02 --> 00:55:25

here so

00:55:25 --> 00:55:29

clearly we're talking here about the mea being

00:55:30 --> 00:55:35

insufficient to transfer something from the default the

00:55:35 --> 00:55:41

default continues so if it is items you

00:55:41 --> 00:55:44

know whatever items other than gold and silver

00:55:44 --> 00:55:47

the default for them is personal use they

00:55:47 --> 00:55:50

don't become trade goods simply by the intent

00:55:50 --> 00:55:55

to sell them and vice versa so for

00:55:55 --> 00:56:03

instance for instance someone inherits you know like

00:56:03 --> 00:56:08

land like a widow and her children inherit

00:56:08 --> 00:56:14

a land even if they intend to buy

00:56:14 --> 00:56:17

them and they wanted to freeze it sort

00:56:17 --> 00:56:20

of you know is that like an expression

00:56:20 --> 00:56:23

they use this in Egypt to freeze it

00:56:23 --> 00:56:26

means to keep it until it appreciates until

00:56:26 --> 00:56:30

the prices appreciate so they intend to keep

00:56:30 --> 00:56:32

it until the prices appreciate they keep it

00:56:32 --> 00:56:35

for 20 years do they have to pay

00:56:35 --> 00:56:35

as a cat?

00:56:36 --> 00:56:39

no they don't have to pay as a

00:56:39 --> 00:56:42

cat for 25 years they intend to sell

00:56:42 --> 00:56:45

it they are going to sell it but

00:56:45 --> 00:56:48

they are keeping it until it appreciates they

00:56:48 --> 00:56:49

don't have to pay as a cat because

00:56:49 --> 00:56:54

the way they acquire that was through inheritance

00:56:54 --> 00:56:58

not purchase if they purchased it and at

00:56:58 --> 00:57:01

the time they purchased it they intended to

00:57:01 --> 00:57:03

sell it it becomes a catapult from the

00:57:03 --> 00:57:06

time they purchased it but if they purchased

00:57:06 --> 00:57:09

it with the intent of using it and

00:57:09 --> 00:57:12

then they change the Naya that change of

00:57:12 --> 00:57:17

Naya is inconsequential if they acquired it through

00:57:17 --> 00:57:24

other means not trade not through purchase and

00:57:24 --> 00:57:28

then intend or even from the time they

00:57:28 --> 00:57:32

acquired it immediately they inherited this land before

00:57:32 --> 00:57:35

they inherited it they had in mind that

00:57:35 --> 00:57:39

once we inherit this land we will sell

00:57:39 --> 00:57:41

it but maybe we will keep it until

00:57:41 --> 00:57:44

the prices appreciate or something like this that

00:57:44 --> 00:57:48

intention is inconsequential because that would continue to

00:57:48 --> 00:58:04

be un-zakatable until personal

00:58:04 --> 00:58:06

jewelry is zakatable in the Hanafi method, either

00:58:06 --> 00:58:09

way personal jewelry is zakatable either way in

00:58:09 --> 00:58:12

the Hanafi method according to the Maliki, Shafis

00:58:12 --> 00:58:16

and Hanbalis it's not zakatable but because the

00:58:16 --> 00:58:21

default for jewelry is zakatability that default is

00:58:21 --> 00:58:26

very strong so simply by intending to sell

00:58:26 --> 00:58:32

it becomes zakatable versus other properties that the

00:58:32 --> 00:58:36

intention to sell does not change them to

00:58:36 --> 00:58:41

a zakatable state I will stop here because

00:58:41 --> 00:58:48

it's 9 and we will come back in

00:58:48 --> 00:58:51

15 minutes and if someone has a question

00:58:51 --> 00:58:54

we will have the questions at 9.30

00:58:54 --> 00:58:57

but if it is urgent you can come

00:58:57 --> 00:59:01

up ...

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