Hatem al-Haj – Coherence of Sharia 011 Conditions for the Validity of Intention – Absence of Nullifiers 3
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Bismillah, alhamdulillah, salawat salam wa rahmatullahi wa barakatuh,
ala alihi wa sahbihi wa man wala, thumma
amma ba, to proceed.
So, inshallah, today we will finish nullifiers of
the intention.
So the things that invalidate and nullify our
intention.
We've talked before about shirk wa tashriq.
We've, you know, shirk is combining or mixing
intentions.
We've talked before about al-taraddud wa al
-shaq.
We've talked about doubt and hesitation.
Doubt and hesitation about the niyyah.
In concluding the niyyah.
And today we will talk about al-istisnaa,
which is exception.
And we will talk about al-qata and
we will talk about al-tagheer.
We will talk about several nullifiers.
So let's start with al-istisnaa, which is
exception.
What does istisnaa mean?
Istisnaa means to say inshallah.
To say inshallah, to make the niyyah conditional
on the mashia.
The mashia, God's will.
To make your niyyah conditional on the mashia
is called istisnaa.
So we translate this as exception.
Because we can't figure out a better translation.
So al-istisnaa is exception.
And the meaning of this is actually conditioning
intention on mashia.
Mashiaat Allah.
God's will.
So when you say something and then you
say inshallah.
Why are you saying inshallah?
Are you saying inshallah for affirmation?
Or are you saying inshallah to make it
a conditional statement?
So if Allah wills, I'll do it.
But sometimes people say inshallah as a habit.
Sometimes people say inshallah for confirmation, affirmation.
That's not called istisnaa.
So keep this in mind.
If you're saying inshallah as a habit or
you're saying inshallah for affirmation, that is considered
istisnaa.
Istisnaa is when you say inshallah to actually
make it a conditional statement.
To actually make it a conditional statement.
So then what are the types of istisnaa?
And when do you say inshallah and how
does it affect your statement?
So first of all, this would be this
principle of the istisnaa or the exception.
Invalidating your intention applies only to aiman and
nuzur.
To oaths and vows.
If you say I will pray inshallah, that
does not invalidate your action.
I'll pray inshallah, I'll fast inshallah.
But when you make an oath, you say
I will never talk to him or I
will talk to him inshallah or something.
You make an oath or a vow.
And then you say inshallah, which means you
will not be breaking your vow.
You will not be breaking your oath.
So if you break your oath, if you
don't do it, you don't need to make
an expiation or kaffarah.
Because you said inshallah.
And inshallah makes it a conditional statement.
So it makes the vow or the oath
ineffective in the sense of not being liable.
So it's ineffective so you will not be
liable for breaking your oath, breaking your vow.
So it would not be a bad idea
to say inshallah with that intention in mind.
Because you are in control, Allah is in
control.
And you never know what could happen.
You never know if you change your mind.
So just say inshallah and you will not
need to expiate because you will not break
your oath.
Now is there an exception here?
They made an exception.
So oaths and vows, the niyyah will apply.
The niyyah will be invalidated by the exception
or istithna or conditioning on the mashia.
What if it is talaq or itq?
What if it is divorce or emancipation?
And you make it conditional.
And you say inshallah.
Invalidates it?
No, it doesn't invalidate it in the madhhab.
It does not invalidate it according to the
authentic position in the madhhab.
Imam Ahmad said, reported from Qatada that said,
qad sha'allahu aindama abaha talaq.
So someone says to his wife, you're talaq
inshallah.
I'll divorce you inshallah.
I divorce you inshallah.
Does that invalidate the divorce?
Not in the madhhab.
Not in the correct position in the madhhab.
It doesn't invalidate it.
So Imam Ahmad said, Qatada said, Allah willed
it when he permitted it.
When he made it mubah.
When he allowed divorce, he willed it.
Okay.
Now, the position of the majority is that
it will make it ineffective.
And this is also another narration for Imam
Ahmad that was chosen by Imam Taimur.
You know, Imam Taimur had a little problem
with divorces.
And, you know, he wanted to make every
divorce ineffective.
He, you know, tried his best.
And the reason why is quite obvious.
People were divorcing left and right.
And then they were doing tahleel.
You know tahleel, when you divorce your wife
three times and she'll have to get married
to someone.
And then there were people known that would
basically spend one night with your wife.
And then she'll be okay to remarry.
And that was quite disgraceful and quite shameful
for the ummah that it hurt some people.
And he was one of them.
Imam Taimur was one of the people who
were hurt by this phenomenon, this social phenomenon.
That was making non-Muslims basically radical, irradical
our sharia, mock our sharia.
So he tried his best to look into
talaqs and to see if, you know, which
talaqs, which of these talaqs would be valid.
So what about talaq al-bid'i, talaq
that is forbidden because it happened during the
period.
What about the three divorces in one?
What about, you know, talaq al-mu'allak,
conditional divorce?
What about when you say to your wife,
you know, if you step out of this
home, you're divorced or something like this.
What about, or if you talk to your
sister, you're divorced.
So anything.
What about talaq al-ghadban, the talaq in
the state of anger?
What about talaq al-sakran, talaq in a
state of intoxication?
What about al-istithnah and talaq?
What about, you know, exception and talaq?
So every time, like, so he was extremely
maqasadi in his approach to this issue.
He just wanted to make sure that people,
that talaq would be effective when people actually
mean it.
When people mean it.
Mean to divorce.
So for most of these talaqs, he made
them ineffective.
And basically his position on most of these
issues is the law in most of the
countries now.
So here in the istithnah, it would be
expected for him to say it would be
ineffective.
Because, you know, because of that motivation.
And because it's the position of the majority
at the end of the day that it
is ineffective.
So if the popular position in the madhab
and the authorized position in the madhab is
that it's still effective.
But there was another narration for Imam Ahmad
that it is ineffective.
And he took that.
He chose that or he favored that narration.
So that's basically the issue with istithnah.
Istithnah does not apply outside of oaths and
vows.
And when it applies in oaths and vows,
their talaq and emancipation, divorce and emancipation, are
an exception in the madhab.
But they are not an exception according to
a lesser, sort of like a weaker view
in the madhab.
That happened to be the stronger view according
to the majority.
And chosen by Imam Taimiyah, rahimahullah.
Now, keep in mind that we may be
able to say that the niyyah was not
invalidated here by the exception.
We may be able to say the niyyah
was not invalidated by the exception.
But the niyyah isolated from action is ineffective.
So the exception invalidated the statement.
It did not invalidate the niyyah.
Is it clear?
There is another way.
This is another way to look at it.
So when you say, I will go to
Texas, inshallah.
I swear by God, I will go to
Texas, inshallah.
And then you don't go to Texas.
And you say, I said inshallah.
And whether you say inshallah before or after,
it's fine.
But when you say, I will go to
Texas, you will have to be making it,
you will have to have the intention of
making it conditional.
On the mashia, on God's will.
If you say, I will go to Texas,
and then you remember afterwards, let me say
inshallah.
Because I'm not sure.
That exception does not work.
The exception that works is the exception that
will accompany the statement.
You're making the statement and making it conditional
on the mashia or God's will.
And in this case, you will not have
to expiate, you will not break your oath.
Because you made your oath conditional on the
mashia or God's will.
But if you say, I will go to
Texas, inshallah.
Or inshallah, I will go to Texas.
Either one.
I will go to Texas, inshallah.
They say, in effect, in reality or in
effect, the mashia is connected to the statement.
The condition is connected to the statement.
What do they mean by in reality or
in effect?
In reality, when you say, I will go
to Texas, inshallah.
It's connected.
In effect, if there was only a short
pause that was not meant, a short pause
that was basically imposed on you by like
a sneeze, a cough, you know, you paused
to breathe.
So, I would go to Texas, inshallah.
Is that connected?
It is connected.
Why?
Because the separation, the pause here was imposed
on you by the cough or the sneeze,
vomit, whatever it is.
That interrupted this.
So, when you say this, I will go
to Texas, inshallah.
Or inshallah, I will go to Texas.
And then, you do not go to Texas.
Did the exception or the istithna, the condition
and the statement on the mashia invalidate your
niyyah?
We may say, that's the whole discussion here.
They say it invalidated your niyyah.
But there may be another approach to this,
another take on this.
Someone may say, no, it did not invalidate
your niyyah.
It just invalidated your statement.
And a niyyah without a statement is ineffective,
is inconsequential.
A niyyah alone without a statement is inconsequential.
Okay.
Now, interrupting termination and resolving to terminate.
To terminate your niyyah or to resolve to
terminate your niyyah.
That is the fifth invalidator or nullifier.
So, in the discussion that we had before,
we said that there are certain things that
don't require a niyyah.
Certain things that don't require a niyyah.
We said, la thawaba illa bi niyyah.
There is no reward without a niyyah.
But there are certain things that don't require
a niyyah.
You know, on the top of these things
that don't require a niyyah, the acts that
are discernible by their own essence, their own
nature.
Do you need a niyyah for a niyyah?
Do you need a niyyah for faith?
Do you need a niyyah for iman, for
faith?
You don't need a niyyah for iman.
Because you need a niyyah to sort things
out.
You need a niyyah to sort dhuhr from
asr.
You need a niyyah to sort fard from
wajib.
You need a niyyah to sort ibadah from
mubah.
You need a niyyah to make your sleep
reward worthy.
Because you're going to sleep to wake up
to do something good.
So when you bring the niyyah into this
practice, behavior, or action, it becomes reward worthy.
So you need a niyyah for these things.
Do you need a niyyah for iman?
Of course not.
Because iman is discernible by itself.
It just can't be anything but itself.
Therefore you don't need a niyyah for iman.
But what if you, God forbid, terminate that
niyyah, or resolve to terminate that niyyah.
You say, God forbid, I will just quit
believing, or I'll leave Islam, or something like
this.
That resolve immediately terminates the niyyah, terminates the
action.
Now it's an action of the heart.
Iman is an action of the heart.
So that resolve immediately terminates the action.
Keep in mind, this is resolve.
All the OCD people here in this crowd
and online, just don't worry about it.
Because I'm going to get a lot of
messages about this.
This is when you resolve to terminate your
faith, to terminate your iman.
This is not a khawater.
These are not the passing thoughts.
This is not the nagging thought.
This is not any of this.
This is an intentional sort of determination to
quit.
So don't worry about it.
If it is upsetting you, then it is
not...
If it is upsetting you, then you have
not resolved to terminate your faith.
If these thoughts are upsetting you, then you
are a believer.
And it's a sign on your belief.
Because it's upsetting you.
Okay.
So...
Now, what about the ibadat in general?
Any time you resolve to terminate your ibadah,
the ibadah ends immediately.
So, when you resolve to terminate your salah,
your ibadah, your salah terminates immediately.
Sawm terminates immediately.
Which ibadah does not terminate?
Hajj and Umrah.
Why?
Because, as we said, there is a process
to terminate them.
You know, Allah said, complete the Hajj and
Umrah for Allah.
So, simply saying, you know, I quit, or
even if you say to all people, bear
witness that I'm quitting, that does not terminate
them until you go through the process.
Keep in mind that we will talk a
little bit later about the difference between terminating
the niyyah and the resolving to do an
action that invalidates your niyyah or invalidates your
act of worship.
To resolve to do an action.
To resolve to, like, eat during your prayer,
or your fasting.
We will come to discuss this.
This is not the same topic as terminating
your niyyah or resolving to terminate your niyyah.
It's a different discussion with some nuance.
I'll read the statement from al-Iqna' here
about terminating your niyyah or even hesitating to
terminate your niyyah.
So, in al-Iqna' which is a major
Hanbali book, you know, in the Hanbali madhab,
if al-Iqna' and al-Muntaha are in
agreement, these two books, according to the latter
generations or the later generations of the Hanbalis,
if al-Iqna' and al-Muntaha, these two
books, agree on something, that is the madhab.
That is considered to be the correct position
in the madhab.
And when al-Iqna' and al-Muntaha disagree,
then there is a process to figure out
the correct position in the madhab.
But the simpler answer to this, go by
al-Muntaha.
The simpler answer to this, you go by
al-Muntaha.
Anyway, so in al-Iqna' which is a
major, major book in the madhab, it is
stated, one must maintain the intention until the
end of the prayer.
If the intention is terminated during it, or
if one resolves the terminated, hesitates, doubts whether
they intended it or not, or performs an
action with doubt, and later recalls that they
intended, or doubts about the opening takbir, or
doubts whether they consecrated their prayer, takbirat al
-ahram, with the intention of dhuhr prayer or
asr prayer, and later remembers or intends to
terminate it, or conditions it on something else,
it is invalid in all these cases.
So, you have to have al-niyyah al
-azm al-jazm.
Al-niyyah is the sort of resolve, decisive
determination, decisive resolve.
And you will have to maintain this.
If you interrupt it, it is interrupted.
If you doubt it, it is interrupted.
If you hesitate about it, it is interrupted.
You will have to continue to have that
decisive determination to fulfill your act of worship.
Then he adds, وَمَنْ نَوَى الْإِفْتَارَ أَفْتَرَ فَصَارَ
كَمَنْ لَمْ يَنْوِي وَهَذَا فِى الْفَرِيدَ وَفِى نَافِلَ
تَفْصِيلٌ يَأْتِي Whoever intends to break their fast,
breaks it, as if they did not intend
it at all.
Whoever intends to break their fast, they break
it, as if they never intended it at
all.
This is in the far past.
In the nafl fast, we will come to
a little bit of detail there in the
nafl fast.
So, now, obsessive people, shouldn't you obsess about
this?
Isn't this like a little bit, you know,
you know, isn't this a little bit concerning
that you have to have, you have to
maintain this decisive determination to fulfill your act
of worship?
Keep in mind, what they mean about this
is to not hesitate about terminating the niyyah.
Is to not hesitate about terminating the niyyah.
They do not mean by this that you
actively remember the niyyah all the time.
That you are in a state of active
remembrance of your intention all the time.
Most people can't afford this.
Like, you're praying as long as you do
not resolve to terminate your prayer or do
not hesitate let me terminate oh no, that's
okay, I'll continue as long as you don't
do this your prayer is valid.
So istishab al-harb, presumption of continuity here,
the niyyah that was a decisive determination at
the beginning of the prayer will continue to
be so until you resolve to terminate it
or you consider it.
Hesitate about it and consider it.
Otherwise it is not terminated.
Now he says here I
added something for people with OCD because it
is important you know for some reason I
tend to receive a lot of questions about
this although I'm not a psychiatrist but some
people think that I would have a little
bit more understanding of this issue so people
with OCD you have to ignore that position
that we talked about so the position that
we talked about is the correct position in
the madhhab which is hesitating to terminate your
niyyah is like terminating your niyyah hesitating to
terminate considering termination of the niyyah is like
terminating your niyyah hesitating to terminate your niyyah
is like terminating your niyyah this is the
position of Abu Yaala, the position of Ibn
Hamid who is the teacher of Abu Yaala
Ibn Hamid is like a very big thing
in Hanbali Madhhab so the position of Ibn
Hamid is that it does not terminate it
because the decisive determination that you had at
the beginning of the action this niyyah this
decisive niyyah that you had at the beginning
is certainty and the doubt that results afterwards
from this hesitation does not terminate your intention
there is no way that people with OCD
will survive without that position and this is
the position that they must take and this
is the position that anyone who has you
know who has an understanding of this condition
and the least amount of mercy in their
hearts will have to give them in Ghayat
al-Muntaha and you know the statement that
I report from Ghayat al-Muntaha here Ghayat
al-Muntaha remember I told you that Al
-Muntaha are two books that are very important
when they agree that's the Madhhab and when
they disagree then there is a process you
know part of the process is to look
at the Tarjih in Ghayat al-Muntaha because
Ghayat al-Muntaha is another book that brought
together Al-Iqna' and Al-Muntaha brought
together Al-Iqna' and Al-Muntaha so in
Ghayat al-Muntaha he says if one invalidates
their intention or doubts about it during worship
not after completion of the act unless they
become certain about its abandonment they should start
over similarly if they doubt about washing a
limb or wiping the head they should return
to it or start over except in cases
of obsessiveness so except in the cases of
obsessiveness so you terminate your or doubt about
it or hesitate about it your act is
invalid your act is invalid he says that
this is only during the act after the
act after the you finish your act if
you are not certain that you did an
invalidator of the act or you missed a
pillar of the act, your act is valid
that applies to all people that is not
only for obsessive people you finish the prayer
and then you say to yourself did I
make rakuh and the third rakah or whatever
it is that you you have to ignore
this because this is the shaitan now playing
with your head so you will have to
ignore this after you finish unless you are
certain certainty then you will have to repeat
your act but without that certainty after the
completion of the act never think about it
never say to yourself did I do this,
did I do that, did I forget this
did I forget that that opens a door
for the shaitan to basically ruin your worship
and ruin your inner peace don't do that,
that's it, it's done unless you become certain
certainty ok, now he says that if you
hesitate during the prayer about your niyyah or
similarly if they doubt about washing if you
have doubt about washing a limb when you
are making your wudu or wiping the head
and so on you should return to it
or start over except for obsessive people they
don't they just don't they ignore any obsessions
they ignore any doubts they just keep going,
keep going finish the wudu finish the prayer
some of these obsessive people repeat the wudu
60 and 70 times you can imagine how
devastating devastating that is to their lives so
they should just move on, move on, move
on and then you don't give them you
don't comfort them at all you have to
be very firm with them because to try
to tell them to sympathize with them is
a secondary game is a secondary game because
obsessive people they feel that they are scrupulous,
they feel that they are wara and so
on so when people sympathize with them it
basically reinforces the obsessions it's a secondary game
you tell them you have very bad thoughts
of your lord like you are a sinner
you have very bad thoughts of your lord
you think of a very vengeful you know
unfair, uncaring god the god that you worship
that these are not the qualities of the
god that I know that I worship and
things of that nature so that they recover
otherwise you would be reinforcing their obsessions and
helping devastate their lives ok then we the
note that our discussion here concerns the intention
and the sense of a firm resolution and
its effect on distinguishing actions and the legal
rulings that result from them the basic principle
is that intention alone does not have any
separate effect from the action for instance if
someone intends betrayal with respect to a safe
deposit they are not liable according to the
correct view so intention alone you know in
our discussion we are talking about intention from
which angle from the angle of validating and
invalidating actions, right we are not talking about
intentions in the sense of reward and punishment
in the sense of the hereafter in the
sense of the inner thoughts and when do
you get rewarded?
when do you get punished?
do you intend to do something but you
don't intend it?
do you get punished?
what if you stop because of an external
factor because of piety what if you intend
to do it with disobedience and you stop
because you couldn't do it the reward the
sin or the good and bad this is
not the discussion here this is a fiqh
discussion it's about the consequences of the niyyah
how the niyyah will affect the action is
the action valid?
is the action invalid?
and things of that nature but that other
discussion it should be reviewed in its sources
in our discussion here in this discussion in
this fiqh discussions the intention alone disconnected from
any action or any statement doesn't have any
effect doesn't have any effect the intention alone
disconnected from an action or a statement let's
say someone gave you a safe deposit to
keep and you're keeping it for them you're
keeping it for them in the closet and
you say to yourself like if it is
a safe deposit can you use it?
no, it's not it's not something that you
borrowed it's something that someone kept for you
to take care of, to keep for them
to basically save for them so, can you
use it?
no can you sell it?
no you have to keep it in a
safe place when you think of when you
think of taking it out of the safe
place to use it or to sell it
or dispose of it you think of betrayal,
you consider betrayal you intend to betray the
trust now and then a fire
erupts and destroys the property are you liable?
you're not liable if you take it out
of the closet and you put it here
you haven't used it yet you just took
it out of the closet and you put
it here so that you could use it
later and a fire erupts and destroys the
property fire erupts and destroys the property are
you liable?
yes, you're liable because once you betray the
trust you become liable even if it is
a natural accident because you had basically betrayed
the trust or said something in connection to
that betrayal you have acted on that intention
but the intention of betrayal alone will not
make you liable the intention of betrayal alone
will not make you liable now number six
so we finished we finished the termination and
resolved to terminate the intention of betrayal the
intention of betrayal is inconsequential unless it is
connected to an action or a statement the
intention of betrayal is inconsequential inconsequential in what
sense?
our legal sense here of liability ok so
now the next invalidator of the niyyah al
-azm ala fa'al ala fa'alin mubtalin
lil'ibadah resolving to commit an act that
invalidates the worship so it has been established
that terminating one's intention nullifies worship and even
hesitation in this regard invalidates the worship in
the corrective view in the madhhab people who
have OCD they'll take Ibn Hamad's view that
hesitation does not invalidate it once it is
established any hesitation any doubt does not invalidate
it once it is established ok so what
if you intend to eat your praying and
you intend to eat or speak during the
prayer or your fasting and you intend to
eat during your fast what does that do?
breaks it no the Hanbalis will differentiate between
two cases here one if the if the
act intended the prohibited act contradicts the essence
of the worship or does not contradict the
essence of the worship so to intend to
eat while you're fasting that contradicts the essence
of the worship or not?
yes it's all about not eating is salah
all about not eating?
no, salah is not all about not eating
so if you intend to eat while you're
praying that will not terminate your action keep
in mind that we have the yes invalidates
the fast does not invalidate the salah invalidates
the fast does not invalidate the salah we
will talk about the nafla fast the mustahabbah
fast shortly inshallah and the changing of the
niyyah of the mustahabbah fast but we're talking
here about intending to do a mahzoor and
the difference between salah and siyam in this
regard there is a statement here in
arabic
ok so let us move now on to
the alteration of the niyyah or modification of
the niyyah or changing the niyyah if you
intend ok so if one transfers a compulsory
act a fard to another fard what happens?
you transfer your zuhr to asr both invalid
zuhr invalid, asr invalid anything valid?
huh?
you're praying fard and you want to change
the sunnah what if you're doing if you're
doing zuhr and you switch to asr they
will count it for you as enough if
you continue with the intention of praying if
you continue with the intention of praying and
you don't disrupt the prayer so no disruption
of the intention or the action they will
count this for you as enough you will
not get zuhr or asr out of this
you're not getting zuhr or asr out of
this but you're getting enough out of it
if you continue to pray you do not
interrupt the intention of praying mutlaq as salah
just praying not a particular prayer just the
intention of praying ok what if someone so
the next one is one who transferred a
nafl to a fard what do you get?
nafl to a fard this is clarification?
that's not about combination so it's not a
clarification but you could you have to have
the niyyah from the beginning according to the
according to the madhhab and the majority but
there is a disagreement so whoever transfers a
nafl to a fard what does he get?
nothing nothing you transferred a nafl to a
fard you're going from the lower to the
higher you get nothing you're going sideways you
get nafl you're going from the lower to
the higher that's so audacious of you so
you so they don't give you they don't
give you anything and going from the higher
to the lower that works so you could
transfer from a fard to a nafl you've
transferred going from the lower to the higher
you get nothing going from the higher to
the lower you get nafl going sideways from
equal to equal but maintaining the niyyah of
the salah you get nafl now in the
case of altering the intention outside of the
acts of worship we consider the default ruling
and the rule is that the rule is
that كل ما كان له أصل فلا ينتقل
عن أصله بمجرد النييه everything that has a
default ruling does not change from its default
merely by the intention meaning what and this
is the last thing that we will discuss
here in this in this session meaning that
so you have like a property you have
a bicycle this is a bicycle right and
jewelry you could imagine it's a bicycle
this is a necklace this is a gold
necklace this is a bicycle and so
this bicycle you inherited or you obtained somehow
you bought but at the time you purchased
it you did not intend to trade it
you did not intend to trade it and
then and then later two months later you
said to yourself I will sell this will
it be zakatable it's a bicycle it's anything
anything that you're using will it be zakatable
then after like one year so now so
this is Muharram and this is Dhul Hijjah
and let us say you in Shaaban for
instance you got you inherited the bicycle purchased
the bicycle purchased it without the intention of
trade you inherited the bicycle you found the
bicycle and after one year it became yours
it became you owned it after one year
from announcement and in Shaaban you decided that
you know I will sell it keep in
mind this may not be just a bicycle
this may be 20 cars like a fleet
of cars that you inherited I will sell
then comes Shaaban next year and you have
to pay your zakat will it be zakatable
no not zakatable why yeah
so the default in trade goods the default
in properties any properties for use any items
for use that are trade goods the default
is is personal use or trade the default
is personal use the default is not trade
it's personal use therefore the niyyah alone does
not change that default the default is not
changed by mere intention is that clear yes
he said I will sell this bicycle no
no he hasn't sold it yet he still
has the bicycle but a year earlier he
had made an intention to sell it so
it's you know trade goods now after one
year does he have to pay zakat no
so when does he have to pay zakat
if he displays it if he does something
you know yeah in addition to the niyyah
if he does something in addition to the
niyyah this will transfer it to to be
in zakatable something in connection so it's now
different and this is the hanafi position by
the way that you will need to display
it to become zakatable to do something in
connection to the to the intention yes
what yes it does what if you have
a necklace like a woman has a necklace
and she decided to sell it what
is that hmm it becomes zakatable immediately because
the default for gold and silver is that
it is you know zakat so the default
for gold and silver is different from the
default of other properties for use the default
for all properties for use is that they
are for personal use until you actively do
something to sell them the default for gold
and silver is they are trade goods until
proven otherwise until their trade goods by default
their trade goods by default so he says
here so
clearly we're talking here about the mea being
insufficient to transfer something from the default the
default continues so if it is items you
know whatever items other than gold and silver
the default for them is personal use they
don't become trade goods simply by the intent
to sell them and vice versa so for
instance for instance someone inherits you know like
land like a widow and her children inherit
a land even if they intend to buy
them and they wanted to freeze it sort
of you know is that like an expression
they use this in Egypt to freeze it
means to keep it until it appreciates until
the prices appreciate so they intend to keep
it until the prices appreciate they keep it
for 20 years do they have to pay
as a cat?
no they don't have to pay as a
cat for 25 years they intend to sell
it they are going to sell it but
they are keeping it until it appreciates they
don't have to pay as a cat because
the way they acquire that was through inheritance
not purchase if they purchased it and at
the time they purchased it they intended to
sell it it becomes a catapult from the
time they purchased it but if they purchased
it with the intent of using it and
then they change the Naya that change of
Naya is inconsequential if they acquired it through
other means not trade not through purchase and
then intend or even from the time they
acquired it immediately they inherited this land before
they inherited it they had in mind that
once we inherit this land we will sell
it but maybe we will keep it until
the prices appreciate or something like this that
intention is inconsequential because that would continue to
be un-zakatable until personal
jewelry is zakatable in the Hanafi method, either
way personal jewelry is zakatable either way in
the Hanafi method according to the Maliki, Shafis
and Hanbalis it's not zakatable but because the
default for jewelry is zakatability that default is
very strong so simply by intending to sell
it becomes zakatable versus other properties that the
intention to sell does not change them to
a zakatable state I will stop here because
it's 9 and we will come back in
15 minutes and if someone has a question
we will have the questions at 9.30
but if it is urgent you can come
up ...