Fiqh of Penalties FQP08a – Diyah of the Muslim Women

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Hatem al-Haj

Channel: Hatem al-Haj

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Okay,

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I'm about to proceed.

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Today inshallah, we will have the first part of, you know, our talk on

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an issue

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that we discussed last time.

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Remember the last time we were talking about we are going over the book of indemnities. And that's part of our series on.

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Okay, just repeat this, I don't know I hate to look like this.

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Me

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to proceed. Today inshallah we will address an issue that came up last time, which is the day of the Muslim woman, sometimes there is called the blood money,

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payment of compensation for the killing.

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And that is basically mistaken killing or quite as I'm intentional

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and intentional also if the family of the deceased agreed to

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this form of compensation and basically,

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part of the the Meritor

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now, so we talked about this, this is part of our discussion of Kitab AR, or the book of penalties or the section on the section on penalties in lambda, which is a Hanbury manual written by the amount of nakodar Mahabharata who died in the year 620, after the hedger of the Prophet sallallahu sallam. So, we're going over at on the

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We are now in the section of penalties, we were particularly talking about indemnities or the the book of indemnities or ketodiet, in the book of Rhonda, and part of this book was the discussion about the indemnity of a Muslim woman or the blood money

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for getting a Muslim woman

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and, you know, you're inferior remember during the the actual lecture, I did not talk about views other than the sort of established ruling in the form of the the the, for the Muslim woman is half of the the, of the

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Muslim man

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although I have when it when you know, when it came to and this is even in my book, you know, I have not mentioned the other views, but when it came to elmora had

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I that mentioned you know the different views, but certainly that is not basically a departure from the format, because in the Hanafi madhhab, they consider the day of the more I had the day of the sort of the non Muslim with a covenant in a Muslim land to be equal to the day of the Muslim. So, in the book, usually, you know, the book is mainly about the comparative part of the of the book and the commentary, I do mentioned the positions as you must be familiar, I do mention the positions of the former head quite often actually, most of the time.

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However, it is not uncommon that I also mentioned positions outside of the formula hub,

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such as in the case of

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lobster,

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mustard, for instance, I remember this, it has to do with women as well Annette has had it is a position that is not the authorized position in the form of a headquarters, a woman and her period staying in the masjid.

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So it is not like I never mentioned positions outside of the form of that I have and you must be familiar with my position and this respect to that. I believe that most of the time positions outside of the forum as I have would be incorrect but not all the time and

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There is a particular process for mainstreaming positions outside of the forum as I have and I talk about, you know, how much that has been sort of the proponent of position. So, the position has to be supported or has to be basically opined on by a much higher demand or has to be the position of a much tiny amendment then it has to be accepted and mainstreamed by a sizable

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sort of

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community of scholars or a sizable

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number of scholars.

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So, so, why is it that I did not mention the position about the Muslim woman that they have the Muslim woman although there is no consensus in the strictest sense of the word consensus, there is no consensus about the day of the Muslim woman and although the position within the for mazahub is that the day is half of the day of the Muslim man, that is not a matter of consensus.

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I may have not mentioned that this position in the book or in the lecture, because of what I perceive to be the weakness of the counter position, what I perceive to be the weakness of the counter position.

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Having said that, the fact that this position causes a lot of discomfort or may cause a lot of discomfort to

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to allow Muslim women honestly

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and maybe some Muslim men, but to allow Muslim women in in the next edition of my book, I will mention the position I will not adopt it, I will mention it, there is a huge difference.

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And why will I do this because of certain things that I discussed in my write up on apologetics, you could basically Google that if you put my name and apologetics you will find why the mention of eccentric positions may be well were entered

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if the mainstream position causes much discomfort, intellectual or emotional and or emotional discomfort to some people,

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but I you know, when in the discussion that we had after the lecture, and we usually have discussion that is not basically streamed on line

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just for the people who attend in person, and the discussion that we had last time I did recognize and I did acknowledge that the position is not I did acknowledge that the position is not a matter of consensus, and I did say that it is subject to discussion.

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It does not mean that I personally believe in the counter position.

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The position that is described as eccentric by the majority of Muslim scholars, it just means that it is subject to discussion and when we talk about what do we do here, individually.

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And collectively that is individually us as individual Muslims and collectively.

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This is not pertinent and an a part of this discussion may not be be pertinent to Muslim minorities.

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Certainly the issue of the is not up for discussion here in America. And it may not it's not even in most Muslim countries,

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but in Muslims pursuit to

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basically bring Islam back into the public space

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in a way that is that what not basically, as I say so many times plunged us into mayhem and chaos.

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Collectively, how do they go about issues of this nature? How would they go about an issue of this nature and this is a very good example of the issues that are very contentious. And that would not that are not contentious, basically,

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on an intellectual level, but they are contentious on sort of a practical legal level.

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And this is one of the examples of you know

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Like,

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I will be talking about my own take on how we can go about issues of this nature. In a country like Egypt, for instance,

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how do we go about an issue of this nature collectively as a Muslim community,

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because at the end of the day, you have to understand that, you know, like, a bunch of religious people are not going to be able to subdue the masses, by force,

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to accept their interpretation, no matter how orthodox and mainstream their interpretation is, it's it's just not practically speaking, political, political, philosophy wise, it's just not doable, particularly nowadays, this is not the time where, you know, you could just have like, an elitist group of

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militants take over a country and basically rule for a couple of 100 years and establish a dynasty and then can have another dynasty are also established by another sort of group of elite militants.

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So there won't be discussion here about, you know, and I wanted to divide this discussion, and I wanted to get this discussion as much as it needs as long as it needs because we want to do a good job discussing this issue, because it is very important issue.

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And I said, it's a perfect prototype of such issues.

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So the first thing that I will do is, is to discuss the issue in the scriptures and tradition. The second thing I will do is

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to address the pertinent foundational inquiries or questions. So we want to talk about what is more on the right and just and the basis and the source, where do we locate the authority of morality. So we will talk about theories of ethics, we will talk about the modern moral philosophy and I have it in capitals because this is actually an article that was published that is the name of an article that was published by Elizabeth anscombe.

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In the 1950s, that is very insightful and very important for anyone to read and to understand. She is a known philosopher g.

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anscombe.

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You know, it's either Elizabeth and Sam or G.

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Hanscom, if someone is interested.

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Then

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we will

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discuss other issues when it comes to sleep and sleep.

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The basically the essence of amen and Islam. The essence of Eman and Islam is the penta slim, and we will come to Islam distinction, Islamic difference,

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and why we should not have the crisis that many

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well meaning intellectuals from the Christian tradition had

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people like Isaac Newton, for instance, who just couldn't wrap his head around the idea of the Trinity people like Voltaire,

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who basically is maybe one of

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the major or the most important catalysts of the takeover

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by liberalism and Europe.

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Why did he have a crisis and why Muslim intellectuals may not need to or don't need to go through the same crisis. And then we will talk about

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interpretation. Because it is important that we understand that the majority of Muslim people that disagree with us on some issues, some of them are major and some of them we consider to be mainstream. And those people are Muslim people, they are actually Muslim, and many of them could be better than us.

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You know, you know how like, I believe that religion is a positive force, particularly Islam is a positive force in improving our conditions, but many of the people that we can say

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To be not as practicing, as us, maybe a lot better than us in the sight of Allah subhanaw taala. That is not this is to say that religion itself is not a positive force, it is a positive force, but a lot of religious people have their own big issues also huge, enormous issues, whether it is, you know, spiritual or moral,

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or intellectual or intellectual have intellectual issues that we have to believe to agree

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about that. And then we will talk about the issue of interpretation that often times the, the, the our opponents adversaries, interlocutors, are not not Muslim, they are not less accepting of Islam, they don't have less of the contest name than us, they may just have a problem with our interpretation, you could say, but this is the interpretation of the 40 grams, it's not mine.

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I mean, this, the 40 grams are not the prophets all sudden, they are not the apostle of God.

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So if they have a problem with the 40, memes, they may be entitled, if they have a problem not with the 40 man's with the interpretation of the 40 memes about a particular issue, they are entitled, The 40 members are not the apostle of God. And we can talk about the apostles

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when we talk about the distinction of Islam, and so,

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we have the issue of interpretation. And there are two basically, predominant issues when it comes to interpretation, the issue of the failure to mass, some people would translate this as historical pneus or historicity of the text or the scriptures, but the proper the proper translation, because monstrosity is about the verifiability verifiability of the text. But the proper translation would be the temporality of the text, temporality of the text, and the issue of the change of flatware. And they are not the same Keep in mind, they are completely not the same. And when we come to the two that we will discuss why they are not the same. And finally, we will talk about what we should

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do individually and collectively, what we should do individually and collectively. So, the first thing that we want to talk about is

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basically have an overview of the issue in the Scriptures, and this will not be a completely exhaustive, comprehensive overview, but it will be sufficient basically, to proceed with the rest of the discussion, since we are discussing this issue, the day of the Muslim woman and the scriptures.

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And, of course, you know, that the view of the majority of the scholars is that they have the Muslim woman is half the of the Muslim man. So if we're talking about 1000 dinars for the Muslim man, we're talking about 500 dinars for the Muslim woman 100 camels would be 5200 cows will be 100 and and so on, you know, 12,000 6000 you know, 12,000 their home 6000 their homes

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and, and so on.

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So, now, so it is, where did this come from? And where do we go?

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To for an answer, like a scriptural backing of any position? Where do we start

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from the Quran is where we start. So what does the Quran say about the issue? Because the Quran is definitive and transmission,

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all of it. So, you know, if it says something that is definitive and implication that said or done, you know, the rest of the discussion is done. It is not it is not at that level, but at the level of what do we do collectively. That's also going to be another issue to discuss, even if it is done at that level. What do we do collectively, if the majority of people are not accepting of what we believe to be done forensically?

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So So here's a here's the plan.

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What does the upper hand say about the day of the woman and this will be a discussion and I will accept questions from the people online and also to in live in the discussion and may give them access as promised.

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So that we are addressing all the issues that people are actually having discomfort with or some people are having discomfort where they're having sort of

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different thoughts about or concerns. So what does the Quran say? And so what happened is Allah subhanaw taala says, We're not going at the moment and only up to the moment and a

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woman kata movement and kapa Fattah hironaka mina was here to Musa lamotta nila

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Okay, what does not mean?

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It has never be fitting or it is never before a

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lever to get another believer. Oh, that's the you know, it's never befitting for a believer to get another believer and whoever kills another believer by mistaken mistaken me.

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Then

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the freeing of a believing slave

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and a payment of compensation to be surrendered to his family are required. So required will be the freeing of a free slave and a payment of compensation to be surrendered to the family of the victim. His or her kid should be translated his or her family, right? Because the word

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I'm sorry, why did I write Mina?

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Okay, no, I'm talking about men here. Okay, so because more men here

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includes male males and females.

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Certainly we this is basics now that, you know, the Quran addresses the believers even in the masculine pronouns, the Koran is addressing all the believers male and female, this is not something that we need to spend time discussing. So, this is not luck, this is absolute, it is not qualified by the koora by masculinity. You could say it is general for all believers, it is not specific to men,

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but it is not luck not qualified by masculinity.

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That is what the Quran says about this issue. There's a lot more and say anything else about this issue?

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Of course, I have gone over like some discussions on the issue.

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And

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I have noticed that some of them not sure if they can be creative. And you know, fine, you know,

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sort of

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backing where backing gives not cannot be found. So, the what I said can answer has been cited by some measure if they say that well here is approve, approve what I selected, okay, cancer, and the vein is not like the female. And the context of this is basically so she had, you know,

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sort of made a another he she had vowed

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Ron had vowed to dedicate her fetus to God. And then when she gave birth to a female and Marian, she figured, well, she can't be in the temple serving because, you know, you need to be a male, to basically be dedicated to the temple to the service and the temple.

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And then, you know, she said, what a cervical cancer and I'm more or less, I said, What a cervical cancer the main is not like the female. Yes, of course, we do agree the male is not like the female. What does this have to do with that, you know, this has to do with different roles, different functions. But it doesn't have to do with that. In fact, some of the scholars said,

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this, you know, the main is not like this particular female because this particular female is better than any man that you could have had. Marian, you know,

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the other one.

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So, or Allah has said, I'm also

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So, you know, but at any rate, there is no, you know, you just can't use an AI like this to justify that that they have a woman should be half the day of the man not even corroborative You know, sometimes we use corroborative evidence is so not independently

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sort of doesn't have any evidential power independently but could you be used could be used to corroborate other but that's completely not even collaborative and certainly the other verse is original power mana Mona Lisa de la dama bogdanova and Falco, Minamata him. This is also used within that context to justify that the day of the woman is half of the day of the man. So men have a position of leadership over women, because of what Allah had favored, some of them over others, and because of the of their spending of their money.

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And that's also an interesting basically,

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sort of

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understanding, you know, how could this justify that they are of a woman be half of the day of the man,

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it completely cannot keep in mind that the mere fact that Allah who bought Amada about $5, Allah who

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don't you notice that this particular expression is interesting, because if this is about men being better than women, are favored over women.

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It would have been at Jericho.

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Allahu Allah hin. So men have a position of leadership over women because of how Allah favor them, men over women, but did not say this, it said Be my father, la Ba ba ba because of how a lot of favor, you know, some of them, them over each other over each other, which means what favored men over women in certain respects, and favored women over men in certain respects. But, you know, when it comes to the position of leadership, the head of the household, the sort of the qualities that men have,

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are more permanent, or suitable to be designated as the heads of the household.

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So women have qualities, you know, men, women have been favored by certain qualities over men, men have been favored by certain qualities over women. But when it comes to leadership in particular, and leadership, keep in mind, it's, you know,

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in any department that you have, that leader, the leader of the department is not necessarily the best person in the department, the person who has the

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skill sets that are required for leadership. Like in medicine, at least, you could have 20 physicians in one department, one of them is genius.

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Medically speaking, clinically speaking, you know, a great diagnostician a great clinician, but he's not the director or she's not the director, someone else is the director, because they have the skill sets for to be the director. So anyway, leadership, the position of leadership is, has been decided by Allah subhanaw taala. And it is, for men in the household, the man should be the head of the household. Some women can be some wives can be much better than their husbands. We're not talking about anecdotes. We're talking about the generality of people here. And that has to be maintained, because the law cannot be basically customized, cannot come address different people

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like each person separately, then we would have to have like 10 billion laws, and that certainly would not work. So this has been decided by the Qur'an. But

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keep in mind, what am I in fact, when I want anyone because of their spending, so their spending of their money. So if their spending equation differs, that part of the equation did not differ because that part of the equation is about innate differences. And we will not shy away from this because this is the plan and then we're not going to you know, sort of

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retreat from, like a reasonable understanding of the poor and not fanaticism or zealot. And that is a reasonable a very reasonable understanding of the plan. There is no retreating from that. We can we can't afford it because we'll lose the whole deal.

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So but do you find anything here in this ayah?

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That, that says that they are the woman should be half of the day of the man? No, you don't? Of course you don't. Okay. So then where do we go and get next? You know, we don't have any of that stuff. Some people wouldn't say some people will say,

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also to give credit to those people, for B for the creativeness of the first group, the second group who can test that could be also creative. So some people could say, Oh, no, actually, absolutely not. There is a proof in the Quran. Well, there is a proof of the Quran that the day of the woman is is like the day of the man because I consider this to be a sufficient proof. But people could be creative. This is a sufficient proof. Yes. If you if we stop here, this is sufficient proof.

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But people also could be creative. And some people were creative to save as Obama, Obama Neela Ahmed, Ahmed, they make them and I can announce that Bob docam manbat. So their Lord responded to them this in Surah, Daddy Umbra Lord responded to them that I will not

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let your deeds go to waste, whether you're male, or females about the command bar you are from each other, you proceed from one another. It's a beautiful, it's It is a beautiful expression. But a document BB is a beautiful expression, the main is from the female and the female is from the main who haven't we been created inside the wombs of our mothers like from there to the tissues and the blood of our mothers. So, there is no distinction in terms of our humanity at all between the male and the female, some people use this to say that they should be the same, there is there is no proof in that. Because again, the the issue of the day is not about

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the equality in our humanity, because that is a given that we are equal in humanity. So the most sort of that is that is a given.

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But anyway, so far the Quran seems to be in support of the equal the net score to go to the sun. So, if we go to the sun, then we will find that there are two important hobbies in this regard. One of them is clear in implication.

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Friend clear an implication and this is the Mara

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alumnus v.

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Men, they are

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the profits house alarm was reported to have said they are tomorrow. That's the blood money or the compensation the payment of compensation for getting a woman is half of that of the man is half of that of the men clear? You should stop here right? Except that this hadith was reported by an by happy who died and 458 after the Hydra. Some people want to say how is it that someone who died 458 years after the Hydra is the first one to report this is

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why was it basically overlooked by

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Matic in the second century by Achmad, second and third century by Bukhari and Muslim and aboda intermedia and say and the Minamata and the dozens of others, other collectors of the Sun who came, you know, in France 400 years, because that's the first time it appears in the collections of the sun.

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I want you to do one thing now, I want you to be fair, and to tell them you'll make a point. But it's not enough. Because we know based on our established hermeneutics, that is not a sufficient argument. Because when are they happy Cobra is a great, great book of great great importance. And if he has a solid chain of narration to the Prophet sallallahu Sallam

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You made a point you know I take it if you can, if we can have this type of this course we will avoid so much anger and so much impropriety also. So you say, okay, that that's a good point, but that is insufficient,

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because this is not the usual way

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people sort of dismiss hobbies that has a solid chain of narration and you know, the fact that the mathematic and water did not basically

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report circuit Now this does not mean that that Mr. McMahon who comes much later than the mathematically mathematically Biden 179 after the Android Mr. Ahmed

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started his career in learning in in sort of serious serious learning the very year that the mathematic lied and he was born in 164 after the Hydra and then what ever he records in the Muslim that is not found in the mortar we don't dismiss it because it's not in the mortar and

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you know, if if someone came after the mama then everybody Bukhari and Muslim and all of the collectors of the six books came after the mama mat we don't dismiss whatever the reported because of this not in the most not even if it is not in the Muslim, which is not you know, that common.

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But, okay, all right, we got that. But it's insufficient. Now let's go to the chain of narration and the chain of narration certainly a long chain of narration because we're very happy from the fifth century after the hysterectomy reporting from the Prophet sallallahu Sallam he has a long chain of narration but we will skip that to you know back revenue nice

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from our bad that have no no say

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from

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Edna Khan

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from more than a double,

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double Okay, the problem with this chain of narration is that back revenue fournaise has issues level of a lot has issues are bad Avenue se fi baff has some weakness.

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So when you have like back to back to people that are that have issues backing up, no one is gonna say keep in mind that that the evidence the standards have to be elevated because you're talking about something that in the Quran seems to be otherwise in the Quran, there seems to be equal or the Quran is

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not qualify in the moment here. So it seems to be equal. So you will have to elevate your standards given that

00:38:18--> 00:38:34

many scholars found this to be not up to par, including it by happy himself or reported. So therefore, that's how these they are. And this woman, Dr. Rajan

00:38:35--> 00:38:43

is not sufficient. It's weak. It is weak. It is basically a weak hubby's. Okay. So

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

we've heard it

00:38:48--> 00:38:49

have not gone

00:38:50--> 00:38:54

on then. No Name. So

00:38:57--> 00:39:01

okay. So that says that is that

00:39:02--> 00:39:04

and then we have another Hadees

00:39:05--> 00:39:10

that says hello, Alma.

00:39:12--> 00:39:17

Miss Lou. Hartley. Her Rajon had

00:39:19--> 00:39:22

he Arbeloa a third OSA

00:39:23--> 00:39:26

men. They fit her.

00:39:28--> 00:39:48

Okay so this is a like a hadith that says it doesn't say you know it says the day of the woman you know the blood money, compensation for getting the the of the woman is like the day of the man until it reaches 1/3 of its their of her day.

00:39:51--> 00:39:53

This heavy does not say half.

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

It doesn't say after the 1/3 what it is, but it is presumed

00:40:00--> 00:40:09

That by my former mukalla divergent implication that if it is the same here it is not the same there. It's different.

00:40:11--> 00:40:14

Someone can be a little bit too smart and say maybe it's more

00:40:15--> 00:40:25

but anyway, is it's as the the of the woman is like the day of the man up until 1/3 of the day. And that said,

00:40:26--> 00:40:29

and this heavy was reported by aboda

00:40:30--> 00:40:39

reported from home that's how this was reported from as my 11 is

00:40:43--> 00:40:46

more important to that from a manager right.

00:40:49--> 00:40:53

already pointed to that from hammer administrar I ban heavy handed

00:41:02--> 00:41:04

whereas the problem here

00:41:05--> 00:41:20

The problem is is a punishment is my Aiden is when he reports from a jersey is like Abner, right people from hijas like ethno derived as reports are weak bife when he reports from jazziz

00:41:23--> 00:41:24

Okay, so this

00:41:26--> 00:41:52

is a problem. I'm not going to talk about I'm going to try Barnaby on that day because that's, you know, I personally consider the honorable Shyvana v&a to be unacceptable chain, but it is very controversial as well. But we are not going to we're not going to talk about honorable cibona via the we have an issue here. And the reporting between us made of Nyan Ivanova right, Abner he himself is mandalas

00:41:54--> 00:42:00

a great NARRATOR But he's modalities like sometimes he would say you know,

00:42:01--> 00:42:07

he would report something from somebody without having ever heard that from them.

00:42:08--> 00:42:39

So then without less we would accept his hobbies if he saw her hobbies if he clearly explicitly says I heard that from residential if he didn't say I heard it from our rooms right here. So we have another issue and this hobbies here. So now the Hattiesburg very happy we have these issues with the Hadith of the way happy and we then the hadith of Abu Dawood. We have issues in the Hadith. So far, this is another side for us now.

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

So far, we should be believing

00:42:45--> 00:42:46

they're equal

00:42:50--> 00:43:07

Okay, and we will leave in a sudden actually because there is not more, there is something that is pertinent to that we will come back to but it is not about the Sunnah deciding this marker for us the prophets of Southern himself deciding this matter for us. So we'll go down to the Sahaba.

00:43:08--> 00:43:08

Now,

00:43:11--> 00:43:15

the Sahaba is the first community the best generation

00:43:17--> 00:43:40

also the wise is the fact one of the Sahabi a source of the three year yes, no, both answers are correct. It depends on who you are, because that is in our established traditional orthodox hermeneutics. There is controversy over this

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

but then the edge now of the Sahaba

00:43:46--> 00:43:53

the Atma of the Sahaba would not be controversial, if it is established.

00:43:54--> 00:44:02

And then can we establish the schema of the Sahaba here what some people may argue why because

00:44:03--> 00:44:10

because of this, this is been reported from Omar. Osman

00:44:11--> 00:44:12

Ali

00:44:14--> 00:44:16

is a bit

00:44:19--> 00:44:21

heavy muscle road.

00:44:23--> 00:44:24

Abner bass

00:44:27--> 00:44:28

cabina hamari.

00:44:30--> 00:44:31

And I'm just gonna stop here.

00:44:32--> 00:44:34

No contestant,

00:44:35--> 00:44:59

no contestant among the Sahaba. No one says otherwise. What has very important from them half of the day of the men that they have the woman is half they have the Man armor was man. Ali Zeidan forbid, 70 minutes old boss abnormal. Now if we come down to the reports and basically that

00:45:00--> 00:45:11

We'll take the rest of the day. So, however even though some of the reports are controversial, collectively, you if you are fair minded,

00:45:12--> 00:45:26

you must agree that whatever reports have reached us from that, that the Sahaba or some of the Sahaba said that they are the woman is half of the man's.

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

Okay, so that is the Quran

00:45:33--> 00:45:34

Sunnah,

00:45:36--> 00:45:43

companions. Now, you could say that this is a consensus of the Sahaba because we don't have contestants.

00:45:44--> 00:45:56

That is also a controversial issue. It's also this is this is why I personally adopted this position, it is half of the day of the week man.

00:45:57--> 00:45:58

Because,

00:45:59--> 00:46:10

you know, with all of these Sahaba, or with a large number of Sahaba, except reporting to us or telling us that it is half the day of the man,

00:46:12--> 00:46:15

I adopted the position because of this.

00:46:16--> 00:46:40

And because it is very unlikely, although not impossible, that it was there he had and the never heard it from the Prophet sallallahu Sallam particularly and I told you that will not report anything from the center, but we may come back to the sun, particularly that we have in the center. There's an Aquarian Muslim, the Hadith of

00:46:41--> 00:46:42

the Prophet Muhammad

00:46:45--> 00:46:48

Sallallahu Sallam for Kaaba fee.

00:46:49--> 00:46:53

Fie, Fie Murphy but before Ratan

00:46:54--> 00:46:57

hopped in our walidah, will

00:47:01--> 00:47:01

pop up.

00:47:03--> 00:47:22

So two, like two women fought each other, and one of them hit the other threw a rock or stone, at the other end, killed her and killed the fetus in her womb. So they dispute before the Prophet sallallahu Sallam took their case, to the Prophet sallallahu sallam, and he did what

00:47:24--> 00:47:27

he judged that for the baby,

00:47:28--> 00:47:38

there won't be a compensation for the baby. And he judged the DNA of the woman that they have the woman will be paid by her,

00:47:40--> 00:47:45

by her paternal man relatives, paternal made relatives. And

00:47:47--> 00:48:18

he judged that they would be paid by the parent married men or others and the eight will be inherited by her, her own heirs, that's her husband and children, her own heirs inherited, and the people who paid I mean the heirs of the victims, the heirs of the victim inherited and the people who pay it for the murderer, you know, quiz I am it's not sort of intentional,

00:48:20--> 00:48:25

our hair, paternal relatives, paternal and male

00:48:26--> 00:48:27

relatives.

00:48:28--> 00:48:45

Okay, now, then we come down, then we come down to the discussion more or more on HTML more on the discussion of it now that it might really take place? Well, you know, I don't believe that it is I don't.

00:48:46--> 00:48:55

I told you that, because of the reports from the Sahaba, I adopted a position that the day of the woman is half the day of the man.

00:48:57--> 00:49:06

However, I don't consider this to be a consensus of the Sahaba. Otherwise, it closes the ends of the discussion.

00:49:07--> 00:49:19

I don't consider it to be because you know, consensus is huge. You're given consensus, the weight of the Quran, and if you are doing this, you ought to be very careful about it.

00:49:22--> 00:49:45

Of course, we have to be when you say that consent, will you given the consensus, the weight of the Quran, and the Hadith, of the prophets and the weight of the world, and sometimes more consensus it now, you know, must have luxuria is a source of legislation. And if we are doing this, that we ought to be very careful

00:49:46--> 00:49:59

with the reporting of consensus and with our standards of what is a consensus, I am not saying it's a consensus. I'm just saying that the reports of the Sahaba give me enough sort of comment.

00:50:00--> 00:50:10

Further that this is the position because they must have heard it from the province of Southern because a woman was killed during the time of the Prophet sallallahu Sallam and he basically

00:50:11--> 00:50:20

decreed that her they will be paid by the paternal male relatives of the killer.

00:50:21--> 00:51:12

It didn't say that they as half the day of the man, it just said that hairdryer will be paid. So, so at least, women were killed during the time of the prophets, Allah Sahaba should be familiar with that there. Is this this? induce produce certainty? No. But God, but isn't, it is very unlikely that the Sahaba did not hear what the professor saw them said about the deal. Okay, then we come down to the scholars and the basically the tradition, this, this is what we're talking about the sources of the tree are now then we come down to the tradition. So what is the discussion in the tradition in the tradition in the tradition and I will have to tell you one thing,

00:51:13--> 00:51:14

you know, one of the things that

00:51:16--> 00:51:20

one of the books that I read when I was much younger,

00:51:21--> 00:51:48

is cernavoda been added by Sheikh Muhammad Ali. So the prophetic Sunnah, between the understanding of the people of Haiti from the understanding of the people of film, and he was highlighting how the people of Hades could be very literalist that they would just completely miss it. They, you know, so, and I sympathize with

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

these

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

sort of,

00:51:53--> 00:52:20

overall sentiment that the people have had, it's good sometimes to be literalist and without, and, and that the fact that you are mahabis does not necessarily mean that you are happy. The fact that you have a good memory does not mean that you have a good understanding the fact that that you are a good collector, or reporter or narrator, this does not mean that you can extract from the Hadees and you could bring them all together is sort of

00:52:21--> 00:52:50

an A new sound hermeneutics to deduce rulings from those hobbies. That's true. But again, at the same time, I found that the book has a lot many issues that are problematic, one of the most unfortunate and outrageous statements of civil law whom I love and respect one of the most outrageous statements is that he said that the of the fact that

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

that I haven't heard is considered the day of the woman to be half the day of the man at least considered the day of the woman to be half of the day of the man will have he saw a configure a

00:53:05--> 00:53:09

harpoon and this is a disgraceful

00:53:11--> 00:53:12

basically position

00:53:14--> 00:53:26

that has been rejected more or the an intellectually intellectually and morally disgraceful but has been rejected by the FDA and the market in the verifying scholars.

00:53:27--> 00:53:33

And then you know, at the time I figured you know, so where we're like who really

00:53:34--> 00:53:35

rejected it.

00:53:36--> 00:54:03

And you know, to my surprise at the time, I found that the people who said that they have the woman is half of the day of the man is every body every body every body, forget about for quite a while to see them office rain and every buddy said that they have though man is half the day of the man except

00:54:04--> 00:54:06

Magnolia. Well, awesome.

00:54:11--> 00:54:12

That is

00:54:13--> 00:54:16

awesome. That is Ibrahim Ibrahim and it's my 11

00:54:21--> 00:54:39

Okay, so Evan Allah are the two people who said that they have the woman is equal to the day of the man of no Eliana sama died in the beginning of the third century, beginning of this third century. So like,

00:54:43--> 00:54:48

Okay, so, somewhere around you know, between two to 18 to 225.

00:54:50--> 00:54:51

Suddenly this

00:54:53--> 00:54:53

lesson

00:54:56--> 00:54:59

but then then how

00:55:00--> 00:55:07

Are they enough enough to basically defeat the claim of consensus?

00:55:12--> 00:55:17

Are they enough to defeat the claim of consensus? They are.

00:55:19--> 00:55:20

Not only that they are.

00:55:22--> 00:56:14

But a surprise for you that someone like me or him, Allah who's not soft on the material at all, you can't claim that amount me I was too soft on them of kadjar. In fact, his reputation is otherwise. And even the people who agree that the mayor was extremely reserved in tech fear, they say that he was very willing to make the idea of people that he considered to be metalia, he was extremely reserved in tech fear, like he would not make that fear, particularly in his older age, but particularly in his older age. Because there are huge differences between a 32 year old and a 60 year old if, if between 30 and 60, he doesn't learn anything new, that will change your your

00:56:14--> 00:56:16

perspective. You must be

00:56:18--> 00:56:29

like, okay, not gonna say it. But anyway, so, particularly in his old age, he was very reserved and making that fear but he was always willing to make up the because,

00:56:30--> 00:56:33

you know, the consequences are not as as huge.

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

But even taymiyah goes as far it has robbed.

00:56:40--> 00:57:12

The man to Kadena sub key about the issue of the law, he goes as far as saying that the Shia the elf of Dada Rafi is naturally here, which we call roll off and the rejecters that is basically this stance she has not designed is not that the head of the car should defeat it now, that is everyday mayor's attack career and this must allow or that is anything mayor's position in this masala that the left of the car should defeat the FML

00:57:13--> 00:57:24

and he says that, you know if the if the basis of age now as the agreement of Omar Mohamed and we are saying that they are of Ahmed Mohamed from me know now

00:57:25--> 00:57:42

they are believers they believe in Mohammed salah and the Quran and the message generally speaking, but certainly some people who say that the Quran is this or that this is that or the Fae the the explicit meanings of the Quran, they will not be believers about

00:57:44--> 00:58:05

until they come up with an app of the man or the validator of belief. They are by default believers and he says if they are believers from omec Mohammed then their disagreements with heritage mal would hurt the oedema now ebonheart. Analysts ignore Diana Lawson

00:58:07--> 00:58:19

Yes, they are Mark entities. And you know, some of our scholars say very colorful things about them. You know, me you and Hobbes and this and this and that.

00:58:21--> 00:58:36

But they are of the greatest scholars. So take any amount Mar him Allah because he was not soft on them after they are he was not soft on Japanese and Mata Zilla at all. Anyone who knows him knows.

00:58:38--> 00:58:41

So what does he say about Assam, for instance.

00:58:43--> 00:58:45

He says that, Gavin for the law in SEO.

00:58:47--> 00:59:11

And then he goes on to say what I would have seen and one of his students is ignored. And he also has a Pepsi here, lots of entertainment, speaking. And then he says, we'll have a candle men has a long island, we had the nurses. These were genius, like brilliant,

00:59:12--> 00:59:17

you know, more of the most sharp people in the world and the universe.

00:59:19--> 00:59:29

But in the beginning, he said, again, I'm going for the line at all I met him he was one of the most virtuous and knowledgeable of people.

00:59:30--> 00:59:38

And then he says, and if he made a mistake in one issue, and that's being kind to him,

00:59:39--> 00:59:41

does not mean that he will also make mistakes.

00:59:43--> 00:59:44

So

00:59:45--> 00:59:59

So that's everything. Imagine that a man's assessment of a song. I argue that that assessment must be a late assessment in his old age of Abu Bakr Al Hassan Rahim Allah Allah so

01:00:00--> 01:00:19

As a student of knowledge, if you read something about it know Allah and Allah some you have to understand that these people were our bad xo had, you know, the you know some man has you know sobre el fakra and has a bad and xover and so on, no matter what you do

01:00:21--> 01:00:21

you just like

01:00:23--> 01:00:30

like if you speak aggressively about people like have a bucket or some hand, you know, ignore Allah and others

01:00:32--> 01:00:44

and hammer and obey the for instance and and those are bad and so hard and you know, brilliant scholars have immense knowledge and immense taqwa.

01:00:45--> 01:01:21

Yes, we can always disavow their positions that are in disagreement with the Quran and Sunnah as far as we know. That's about them. And don't shy away from disavow in those positions. But these are people that reach the pinnacle of taqwa and knowledge and brilliance. Sometimes you could be wrong. Even at that pinnacle of taqwa and knowledge and brilliance. So, ignore Diana Sammy said that they are the woman is half the day of the man

01:01:23--> 01:01:24

is

01:01:25--> 01:01:29

said that the day of the woman is equal to the the of the man

01:01:30--> 01:01:40

this agreement disagreement hurt the claim of consensus Yes, it did it defeated it It should defeated we don't have a consensus.

01:01:42--> 01:01:56

Now, among the contemporary scholars who said that the of the woman is half the of the man like people as great and respect ball like Muhammad Rashid Ron

01:01:59--> 01:02:01

like my module to the sheriff of Alaska

01:02:05--> 01:02:07

like Abu Zahra

01:02:09--> 01:02:20

the great grades scholar great scholar Abu Zahara he you know people would call him a mama was a hero

01:02:22--> 01:02:26

he was certainly an encyclopedia a great scholar a great 50

01:02:27--> 01:02:28

people like

01:02:30--> 01:02:31

it's many people

01:02:33--> 01:02:52

and I mentioned how much I disagreed with his statement about everybody you know, all the focus and democratic on rejecting that this graceful possession I think that this is this statement itself is outrageous, because I don't know which is talking about accepted knowledge.

01:02:53--> 01:02:56

And and these contemporary scholars

01:02:59--> 01:03:01

see the use of pallava we happy for Allah Ivan.

01:03:05--> 01:03:22

Do you know anyone else you want to add someone clarify that they say equal to I think you repeated it again before you start the list equal to Okay, the scholars are saying that they are the woman is equal to that they are the man

01:03:24--> 01:03:30

you know, so, this is contemporary and then you have an ally here and a Muslim

01:03:31--> 01:03:35

you know, of the traditional scholars or the scholars of self.

01:03:37--> 01:03:38

Then

01:03:39--> 01:03:44

you basically, that's it that rest of the people are saying half

01:03:46--> 01:03:49

Do you understand that rest are say now, okay.

01:03:52--> 01:03:56

So now, but then we cannot claim a consensus.

01:04:01--> 01:04:02

Okay.

01:04:06--> 01:04:11

Just so difficult. What do they what would they do with the statements of the Sahaba?

01:04:14--> 01:04:18

They will say that the statement of the Sahaba is not a sufficient proof.

01:04:21--> 01:04:29

Basically, clearly, yes. Even Ahmed is not sufficient proof to establish, they say I have a very simple plan

01:04:31--> 01:04:37

that indicates equality, the challenge that you need to prove it.

01:04:38--> 01:04:59

Well, that's what they say. Anyway, I have expressed the mind position and I said which position I adopt, which is out of the majority, but that exposition of sort of the history and scriptures and the tradition and contemporary agreement among the contemporary scholars and some of the dialogue and the discussion.

01:05:00--> 01:05:30

which certainly I cannot be exhaustive in my exposition of that. We have explained all of that stuff. We will take a little break and then we'll come back we will talk about these other issues that are important in with regard to this matter before we speak about what we should do, individually and collectively on both sides of the argument. protocol.

01:05:32--> 01:05:33

Shadowlands