Fiqh of Penalties FQP10 – The Aqilah & Their Responsibility

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Hatem al-Haj

Channel: Hatem al-Haj

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Bismillah Alhamdulillah wa salatu salam ala rasulillah ready

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to proceed inshallah Today we will go over Babylon pillar mattock Meadow the chapter on the pillar paternal making and their responsibility men that's certainly

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the responsibility in case one of their relatives

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Can someone by mistake

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or Quasar murder which is ship has killed somebody in a fight or kill somebody someone by mistake

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because a lot better has nothing to do with it, which is intentional murder, unintentional murder, the only the sole responsible person would be the murderer. So even having a pedometer

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in his book along the

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anatomy of an epidemic

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is the sort of

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the most

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most authoritative author in Hungary

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and the history of Hungary

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we have in the 100 emails have many figures that are

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like watershed figures.

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So we like any mapping to Tamia, for instance, is a great Hammadi figure. But he's more.

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He has more

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interested in

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issues, not he I wouldn't say that he's not he's less interested in fatca. But

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he had he had sort of diversified interests. So his interests were very varied among the different disciplines or the the

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sort of intellectual issues

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feck, Sera, etc, etc. In addition, he was not as dedicated to the Hanbury method because he was more open to other methods. And he would borrow more often from other mazahub. Therefore when

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so it's not about greatness. Certainly, there is no maybe at least in my assessment, there is no greater Hanbury after

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me.

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But you would count on others for the Hanbury position more than you would count on him.

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It's like a figure figure, like given up that bar in the Maliki method.

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Certainly a huge figure in the medic, he met a great great scholar in the medic a mouth, but you would count on others for the Maliki position, then evanov dilbar, because he

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was more liberal in his adoption of positions from the other mother had been his borrowing from other mothers and his practice of he had, which is independent reasoning

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versus stuck lead.

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So when it comes to the middle layer of honeyberries, there is no bigger figure than ever.

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So

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what about a boy yada?

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yada is the beginning golf, the middle layer of the ham bodies and people say he has faithful method without sort of any competition.

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Maybe in terms of found in the middle layer, in terms of establishing cannibalism and spreading cannibalism to different parts as we may discuss one day about the history of herbalism but not in terms of authorship. In terms of authorship, there are no books that are counted on more than the books have been up. And unlock now, basically, which is a step up from the home that we are going over the commentary and explanation of

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is the central book in the Hanbury method and it is the book that was counted on the most by the ladder generations to expand and to basically refine, refine and unlock

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Now and to expand on a mock now and everything that came after a lacuna is indebted to a mock now, so that's why you find them not for them. It's like a relay station. It's important everything will go through him. Now the grand five nightmare the grandfather which is the Imam imagine a mayor who is the grandfather of an email. The famous Imelda Benito mayor was the competitor was basically the sort of the,

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the other grant figure during the time of webinar Kodama makdessi, and when they agree as a murder, he says that said there is no discussion,

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but when they disagreed, I have no Kodama wins, ever no put them is given precedence over elmet everneath me,

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Rahim Allah Allah. So imagine Kodama is a is a huge figure in the mouth hub. 620, after ager is when he died on the is one of the books that he authored. And then l mokena would be the next level up, and then it kaffee would be the next level up and then in movie would be the final.

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And sort of fee for the very advanced students. And it's comparative,

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albeit with a family leaning golf course.

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So we're going over the commentary over long. And certainly we're not like when we were going over the commentary of London, it may be said, Why expand so much, and why provide a comparative commentary on a book that is meant to be for beginners, there are many reasons why

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people in our times are more, have more expectations.

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And also, people in our times, don't go through many books. So they may study one book because like, you know, to go through many books, in fact, you need to go through many books that are PDF with many books and Tafseer many books on masala, how many books and also and so on and so forth. It is not true for most people in our times. And they also need

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like a dose of comparative fact that they come down and become more tolerant. Because when you learn according to one method, only, you end up being too intolerant and too, by sodra, narrow chested, like buying a sub. And you think that the whole sort of the Sharia is your method. And then your method is the divine intent of his legislation. And that is

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that is just like completely

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detrimental to civilize the discourse of Monica Muslims and to civil

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peace and for detrimental to the civil good.

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So that's, that's why there are many other reasons but anyway, we wanted to talk about meta medical aka to the meta hero chapter on the aka paternal made kin and their responsibility. So they haven't said we're here to cartel

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colome paraiba han Baba Ito home mina natsap Well, Mo le Illa sabi while imagino in well fact a woman you Holly for de novo dnl cotton, it is all of the men from the paternal family of the killer, close or distant, related through lineage or through patronage, except those who are children insane or poor, or have a different religion than the killers.

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Okay. So, you will find me expounding this a little bit in the commentary or explaining this a little bit in the commentary and mentioning the different views in the different mazahub. And it is important to mention the different views in the different mazhab. Now, what did the Prophet sallallahu Sallam say in terms of parklet and Shepherd on he basically made the ocular responsible the males in on the paternal side of the family of the killer.

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The millions on the paternal side of the family of the killer. He made them responsible. Do you remember the Hadees that we mentioned before about Tata, let me know

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aid for Mr.

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Murphy botany half a carbon

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filter in

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a walidah wakaba baby at Alma.

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So that two women from

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each other and one of them through us stone or like, like a pole or something, something heavy on the other and killed her and killed the fetus in her womb. So, the Prophet sallallahu Sallam decree that the compensation for the fetus would be war, that is the value of asleep or slave woman that is, you know, five camels nose for us

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at the

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Australian Army, so, the the,

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the then he says wakaba bidet ma kalithea and he decreed that they will be the responsibility of the killer of the killer, the killer of the killer wakaba Allah

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Okay, that is the basis of what we are talking about here. The aka is responsible. Now this particular scenario was what form of getting copper said, you know the three different forms of getting and Maliki's add a fourth one Do you remember the force that the medic is add the pressure scaling, to tell somebody to meet you at some place outside you know the city in the desert or something and to give them their Villa treacherous Guilin. According to the Maliki's, there is no half when Vila there is no part of that Indian villa. But anyway, the three different types of getting according to the majority would be alarmed, which is intentional, would be Chevy alarm, this

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this is quiz I intentional murder, and then and Fatah. And this type of in this type of scenario, we're talking about shape and shaved head armed is like and hot in everything, except for the champion armed, we'll have that there, too. magnified, philosophy ship had 100 day or more lover magnified, because of because the person did not intend to kill, but was attacking the victim. And so, there will be a magnification of the the

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compounding of the day, but otherwise is like a popper in most regards or respects. So, these two are like each other. So in these two,

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then the DIA will be the responsibility of al Qaeda. And then we will come back to our land and we will say we will say that it will be the sole responsibility of the merger. Now, this is what the prophet sallallahu Sallam said, and Amara, the Allahu anhu. During his time, times strange amarr became basically the Sovereign of an empire. I would not say Homer was an emperor, but Homer became the Sovereign of an empire. Like an empire in this linguistic sense, is basically like sovereignty that brings together people of different backgrounds and ethnicities, you know, rules over people of different backgrounds and ethnicities. That's what an empire is versus a nation state. So Omar

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became the Sovereign of an empire and people became a lot more mobium during the time of hormone analyzer

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a you know, and we have now people from different backgrounds and people who don't have the same tribalism of the Arabs so are the side that are Kayla will be added the one that added the one would replace a lot of filler.

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The one the people in the same registry.

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You know, people in the same army units would basically have on us our own people in the same army in a unit yet on our own.

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There you will support one another, they will basically cover one another, support one another and so on. So

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Because Alaska, Alaska means what I saw by means what? You know, the the sort of the

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Yeah, the thing that you wrap around your head, whatever you wrap around your head is called by Sabah and hazza is basically

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to protect to come around you in your times of weakness or your times of hardship. So that is an awesome. So if at our peril. If people don't have that extended family structure anymore, then we want to some other form of ta See, we want some other form of finance or basis for finance or basis for this type of support. And

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so people in the same registry.

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But the Prophet said,

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Prophet never said

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the Maliki's and had our fees, the HANA fees and Maliki's in a chronological order, they follow the Amara, the allaahu. And they said that in the UN.

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And they said they justified this by saying that what was the meaning what is intended the year as the people of nostra the people who will basically support each other? And the during the time of the Prophet sallallahu Sallam the people of nostra and in the sort of the culture of the Arabs, the people of nostra are your extended family.

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And this extended family was not limited to your immediate relatives, because how do we figure out that?

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Here is your father, here is your mother, here is you, or you could be that

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and then Okay.

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And then

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and then.

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Okay, so your father and some of the scholars say your father should not be responsible. My mother in law should not be responsible, that's the farther away but but that's not the the sort of the stronger position.

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So we will start from here, and anyone who comes down from your father won't be responsible, your Bravo, that's your brother, right. And then if these people are unable to pay off the air, then we will go up one step. And anyone who comes down from this grant from the grandfather on paternal side will be responsible. And then if they are unable, we will go up here. Anyone who comes down from this up here, anyone who comes down from this, okay, the whole tribe is unable

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to pay there. What do we do, if this tribe has a hell

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with another tribe,

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then it will cross over to the other tribe. So this is basically a contract contract of allegiance, we have a half two tribes have helps with each other contract of allegiance, and then they will support each other, then it will cross over to the other tribe. So that's the system that was present during the time of the prophet SAW Selim, in fact that there itself as a legislation was present before the prophets also, this is not a surprise, many of the rulings of Islam had been present before Islam and Islam approved of them, because we have talked before about vaccines,

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which is basically that people have the ability to discern between right and wrong, the innate ability to discern between right and wrong.

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However, this ability is limited, it needs correction, it needs refinement, it needs like sort of guidance is limited and this ability is inconsequential in terms of the carbon dioxide carbon, the ephemera and in terms of liability and the ephemera, you will not be liable

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until you receive the message or McManaman

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Asada and we were not. We would have not we were not determined any one until we have sent a messenger. Okay, so you're not going to be a response.

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For that

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potency, that Allah, that mental potency, that intellectual potency that Allah had given you. What a difference without the heater,

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you will not be responsible without the that you will not be responsible just on the basis of that intellectual potency Allah has given you until he sends you a messenger. But there is that capacity to discern between right and wrong. Many legislations in Islam have been present before the prophets Allah and approved by him. Many legislations in Islam had been revealed in previous scriptures, and approved, you know, continued in Islam. There is a system that was basically put together by the Arabs, the prophet SAW, Selim approved that system.

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Because it makes sense, if you

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if you cut off someone's hand by mistake, if like a doctor, for instance, by mistake, not not, is sort of

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not practicing properly,

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you know, causes someone to lose their hand,

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then

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the person, that person who lost their hand, if they get nothing, no compensation, yes, they can sort of

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soothe themselves by the reward in the hereafter. But in this dounia human beings also want to have a hustler in this dunya I've been at enough edenia has an awful if it hasn't been, they want to have a good life. And they want to be compensated in this dunya as well. So that they are asked to compensate them for the loss of

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of their hand

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or anything else. So the profits are seldom approved. And the during the time of the prophets of Southern Nasser was basically

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by the extended family, the extended family took care of you, they were your ossabaw they surrounded you la killer means what comes from what? From Allah, Allah means what to prevent, to protect, to basically restrain That is why your Oculus go the arklay because it restrains you from doing sort of insane, crazy stuff.

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So that's why it's called the pillar because it's so it's either that they are that the wrist strain the family of the victim from killing their relative or that they have sort of protected Manero, they prevent it prevented the the punishment the equal retribution to sauce by offering that the in the case of in the case of intentional

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murder. So, so anyway, now the handpiece and magic he said, the one arm or the Alon, who is the one who started this, certainly had this been done after Amara delavan who he would have been called all the names in the world

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by sort of the sort of the conservative more sort of like,

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but since it was sensitive, no one would be able to say much, you know, everybody would just respect themselves.

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But it is the same thing you know, and don't think that you know, we will get out of this by saying God I come sooner to

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the human body, because this would have never meant so adhered to my son and the son of the rightly guided believers after me, this would have never meant would have never meant that the legislate because that that is utterly insane. Now, it means that their understanding of the the their approach to the knock that they are like the Prophet sallallahu Sallam have as soon as they legislate like the prophet SAW Selim know their approach to the the in the understanding of the dean that way, after the Yun, the sort of the qualities

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that distinguish them. This is what we follow, and of the qualities that distinguish them is this flexible understanding.

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So when Hamada Lohan who failed to that degree to basically

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send that way as any

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would cause more harm to the Zion healed cause than fitness and so on,

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almost stopped theory, this was

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a sort of like a hadith where the Prophet sallallahu Sallam

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they created the punishment for as many would be observed and carried would be like flogging and Tegrity, but armor fell to that degree may cause fitness to the knee, so, temporary was stopped. Now, this type this sort of flexibility is limited to is outside of the area of a bet that you will not find, you know, you will not find fatawa from Omar and Fatah from the Sahaba that have this type of flexibility and there are there are tons of them, I can sit down and mentioned now 20 of them, but you will not find that this in the area of AI but that because it is all about the what Allah lasers in terms of how he wants to be worshipped and the lack of any severe language, there is no

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way that the applicant figure this out. But when it comes to the areas of Muhammad, and that is all the areas of mamilla they have this sort of understanding and the Sahaba did not argue with Omar because they also had the flexibility of understanding and the and the, the realize that that change of social structures would warrant change, what we're wearing the response to the change in social structures.

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So that is why you find the HANA fees, and you have

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very good points to make in this area.

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In this area in particular, which is the area of animal hominids.

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This is basically

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a certain loss, there is a difference between the two projects that change the flatware and the temporality of the text. Now, you know, those people did not think at all, the text was limited to time, time and location, but they figure that the text pointed to certain meanings, certain objectives, they set out to realize those objectives with flexibility in terms of the techniques and

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the procedures.

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And if someone says look at Dino Vera, he

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can add a muscle

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bath in and have

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been massively

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mccanna But no, I'm sorry, like Anna button would have, I would have been must have been

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like, Can I bought you know, I would have been messed up

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men. And this is this is reported from

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a chain that is Hudson

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had or

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where religion based on

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viewpoint viewpoints.

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The the under parts of the leather socks would have been more deserving of wiping,

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then the over parts, or the upper parts of the leather socks.

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And that is basically the weapon of mass destruction that is used against using your mind and understanding anything using reason. And understanding anything because we're not here would infer reason.

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And that's that's an issue that

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keep in mind, you don't have the context.

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You don't have the full context of this. You don't have the full context most of the time. Therefore there does need to be sentences. there does need to be sentences because like to have

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any statement by anyone any statement of the plan. How many times here is like the for one verse. Like sometimes you find 15 step series for one verse.

00:29:45--> 00:30:00

So sentences as important too, because not all the app in the Quran. You can even provide context for you know, what maybe has like 400 plus as revenues owed or a versa like verses that have as many

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Revenues owed, and a co T, because he collects, you know, nonsuit He was like a great scholar.

00:30:08--> 00:30:14

He was very encyclopedic. But he collects everything, you know, he hasn't, you know,

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just collects everything. So is exhaustive like comprehensive to the extent of that is basically remarkable. So it 800 plus verses of the Quran

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that have basically

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ababu according to the mama CLT. So that's out of 6000 plus versus 600 200. And plus versus depending on the differences.

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So, like a small number, so we don't have the context. And the context, that does not only mean that scenario, like the sort of

00:31:03--> 00:31:45

the sort of the verb context, but also the personal context. Because when you speak to someone who's just close mind that you want to make them just loosen up a little bit and like to have a better understanding, that's an understanding, and so on and so forth. And when you talk to someone who's completely loose, like, you want to restrain them a little bit, so that context is important. Did you have it? No, you don't, therefore, sentences would be important meeting, adding everything up would be important. Now, no one follow the Homer an audience of

00:31:46--> 00:32:23

more than 100, right, by the way. So in terms of Allah, Allah, his lineage goes through those particular scholars, they were particularly dependent on Homer and Ali and Eminem. So are the other one whom, particularly, you know, I wouldn't say particularly audio enabled in this world, because I have more volume in terms of his contribution to legislation. But they in terms of their lineage, because Ali and Ms are moved to Cooper, they moved to

00:32:25--> 00:32:46

the US had already come from them lineage wise. So they were quite aware of this. But this has to be understood to mean that religion, you can't be it's not by your own whims and designs, and there has, you know, there has to be basis and there has to be, you have to listen

00:32:47--> 00:32:59

to the revelation to Karla lacava soon, it does not mean that you don't use your mind because it had many, many fatawa where he actually use this mind.

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

And it was quite clear that that this was be based on rational proof. So you can't really say you That is why we keep on talking about that right? and defend that distinction that hard, why like hard distinction is is not a has some basis, but it does not whatever people think people when you know

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

he is arrabiata he that is his name and he is the teacher of the magmatic

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so you can basically have that separation in their mind.

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After all finally,

00:33:44--> 00:33:55

to me, to me, and I'm really sorry to say this but colonial has been covered, I would say to say

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hello and who know it's not

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

absolutely not

00:34:03--> 00:34:09

where then based on opinion, it would have made sense to wipe over the upper parts not the lower parts.

00:34:11--> 00:34:56

Come on, people walk on the you know, on dirt and soil and, and sand and stuff. You This is a symbolic gesture. This is basically a symbolic gesture that I'm not watching and I'm going to use the concession because I am wearing my socks or I'm wearing my hopes. So I am not going to wash my feet. So as a symbolic gesture I am why but I am wiping your wipe on the lower part and it gets muddy. And you know it it gets worse. It wiping on the muddy part makes it actually worse. So it makes perfect sense to wipe on the upper part.

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

So the makes perfect sense

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As, and the legislation is rational, even here.

00:35:06--> 00:35:29

That's the you know, and many people would have the same thoughts. But they would think that this would be blasphemous. For instance, they say that, no, that actually makes perfect sense. Whatever the process was, all I'm used to do, is not only so now, but it is also rational, sensible, this is a symbolic gesture, we wipe over the upper part because we it gets muddy

00:35:37--> 00:35:52

intended, because of being known for being the President's Rep. So he said, then why he meant this would have been assumed, not necessarily by me, people would be assuming that we should be doing the volumes that have been taught.

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It'll get them on the mat, and then we'll accept that,

00:36:05--> 00:36:09

and the whole cost of funding model and about empathy.

00:36:13--> 00:36:46

That's very weird because he says, Locanda baatein on her feet, I will have been Muslim and Allah, where people can always fit his suit. Like, that's the problem with remote waves. It is always the you're bending, like try to accept the reality as it is, that's what was said, you know, to get into the mind of Ra and just basically, the story what, oh, he would have been a very capable and he is not basically

00:36:48--> 00:37:00

in any way this eloquent, he would have been very capable, capable to say, some people would have thought, but but he didn't say that, he said had the religion been based on reason,

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the lower part or the under part of the half would have been more this would have been more deserving of piping.

00:37:12--> 00:37:32

But anyway, whatever are they are they allowed Oh man, he is one of the forefathers of the School of Allah and he used as raw quite often. Now, the use of raw or the use of reason to understand the religion is not a defiance.

00:37:34--> 00:38:03

It is simply respect for the rationality of the religion because the religion is actually very rational. So, almost thought that was a sea change of social structures, we need to respond to that site change of social structures, therefore, he made the one responsible in place of a law pillar. Now the shafa is and handbell is continue to base their position on this

00:38:05--> 00:38:15

on this Hadith, and continue to hold the apella responsible, he says here, Korea Boomer by either close or distant

00:38:16--> 00:38:20

because there is disagreement among the scholars whether they

00:38:21--> 00:38:47

would be exempt or not. And the stronger position is that the party and abide they will be called liable. So the party would write the copy of this down with right to the party of the other town where that distant relative lives and he says, you know you have so and so living in your town. He is part responsible for

00:38:49--> 00:38:53

now in the Hanbury meth lab in the Hanbury meth lab.

00:38:55--> 00:39:02

The Atilla is responsible and the killer himself is not

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

and

00:39:06--> 00:39:10

Okay, I'm gonna I'm gonna support you. Don't worry.

00:39:12--> 00:39:16

The aka is responsible the killer himself is not.

00:39:19--> 00:39:59

And why is this but keep in mind also the killer would be responsible for the kuffaar which is the free slave believing slave or too fast 60 days in a row. That's a big thing. So the killer is not completely sort of off the hook, he will still have to do the confira and the kuffaar is sizable, however, that there is the responsibility of the arcade according to the stronger position in another but according to the majority and another position of the madhhab the killer is

00:40:00--> 00:40:58

responsible with tiller, he is one of them. So, he will be responsible. Now based on the stronger position of the mother have Why is he not responsible because the hubby said that the Prophet sallallahu Sallam made the tiller responsible, and it did not say, made the pillar. And the killer responsible keep in mind the killer in this case was a woman. And women are not responsible for financial obligations by default and Islam. You know, not not all the time. But generally speaking, Islam exempts women from financial obligations because their earning capacity has been always less than men. Now this is part of Islam is the balance between karate but demand at one level or another

00:40:58--> 00:41:14

prophet sallallahu Sallam said, and karate with the man and they extracted from this which is profit follows liability they extract from this upon mobile warm, which is pretty much the same thing. So a profit and liability.

00:41:15--> 00:41:32

And if you look holistically at the the whole structure, the laws as implemented by the prophet SAW Solomon his time, you will find the most equitable distribution of one man warm

00:41:34--> 00:41:41

social structures have changed. How do we respond to this it requires thoughtful, he had

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

not doing away with the principles of the our laws, it requires social sort of thoughtful he had because the social structures have changed.

00:41:55--> 00:42:40

But during the time of the prophets of Solomon, the implementation of the laws they were the equity was established in No, no no at no other time in history, was equity more established than during the implementation of the Islamic laws during the time of the Prophet sallallahu Sallam and has rightly guided successors. So women were exempt. And we talked about the day of the woman being half the day of the man and so on last last time, and so that is part of the whole thing. That's our pillar will be only the male relatives. This woman was not even asked to pay the for her own crime.

00:42:41--> 00:42:56

But her are paid by her male relatives were demanded to pay it on her behalf to get her out of trouble. So the so this is this is the sort of the distribution of it one bit about the equitable distribution of profit and

00:42:58--> 00:42:59

liability

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

that was enacted during the time of the profits of the lobbyists. And then then the CX admin and NASA bought morality through lineage or through patronage. NASA is obvious patronage is when someone frees a slave then this is this there was there would be Weller and

00:43:22--> 00:43:36

NASA, you know, there is the ties of Allah are just as strong as the ties of NASA. And this person who freed the slave would be entitled to their inheritance. And then

00:43:38--> 00:43:51

is this like this ambiguous question? Yeah, yeah, that's a bigger issue, and it's fine. majority, did they include the woman? I just didn't catch that part. Because the handle is just the standard opinion is that

00:43:52--> 00:44:10

she doesn't murder is not included in the entity media, but the majority did they also include the woman did they use the hobbies as an exception for the woman? No, they didn't use the hobbies as an exception for them. So they include the woman as part of responsibility if she has money. So that's the thing. Yeah. Yeah.

00:44:12--> 00:44:59

So why, then the SEC said endless debate, you imagine only one factor when you're caught if the normal dnl cartel accepted those who are children insane or poor or have a different religion except those who are children. They are not from nostra so they will not be asked to pay. If you're a child and you're made relative to your male or female relative committed against someone by mistake or Quasar murder, you will not be asked to pay for them. If you're insane you will not be asked if you're poor you will not be asked and then woman you call it Dino Dino cartel and if you are of a different religion, and a family member, a family member, kill

00:45:01--> 00:45:05

There is no tunnels or layers and Muslim or capital capital Muslim.

00:45:06--> 00:45:21

This you know there is no tunnels or like basically supporting one another between across different religions. Why your feet up deer in my middle

00:45:22--> 00:45:27

that's the habit Eman for Alfredo Allah He is who he will

00:45:29--> 00:45:33

fall cotton workaholic at the hakimullah

00:45:34--> 00:46:02

level. So the determination of how much each one of them is responsible for four is left to the Imam he will assign to each one an amount that is affordable and will not cause hardship. The rest of the indemnity will be binding on the killer. Likewise is the indemnity binding upon someone without an without

00:46:03--> 00:46:26

an AR pillar or ocular. Okay, so the Magna dama here takes a position that is counter to the authorized position in the Hanbury madhhab according to the established Hanbury method in the latter generations, him I'm gonna put them in here says, you know, after he says that each one of them, maybe he will get their tax return

00:46:30--> 00:46:35

and determine how much each lab would be responsible that would not cause him

00:46:36--> 00:46:41

much harm. So, you know, so basically here,

00:46:42--> 00:46:44

this is the killer.

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

By mistake, this is a killer, my mistake. And he has

00:46:54--> 00:47:11

all of these brothers and even brothers from his father from a different woman, they will also be here. So he has all of those brothers, so that he gets their tax return and then he says, you know, you pay two camels

00:47:13--> 00:47:20

20 camels, five camels, six camels, then camels, two camels, two camels.

00:47:22--> 00:47:39

That's it. We have here 2220 730-343-4547 Okay, we have let us say this is that they have Muslim vacher

00:47:40--> 00:48:08

which is 100 then he will have to go up here. And then. So this is the grandfather, so he will get to it, man. Okay. And our man, the paternal uncles. Okay. 20 camels to zero fattier poor, zero, we have 22 and 47. Okay, we're getting close. So we go up here.

00:48:09--> 00:48:16

Okay, no, no, before we go up here, I've not allowed them to say he has two boys

00:48:18--> 00:48:20

then five

00:48:23--> 00:48:27

and then we will you know will not have enough here.

00:48:29--> 00:48:37

Yes, they will, they will pay as well according to that because there is a disagreement about whether they will pay or not.

00:48:39--> 00:48:46

The stronger position is that I moved there and NASA will still pay the also unfollowers will still pay

00:48:47--> 00:48:54

so the people that are directly up and down from him in lineage will still pay according to the stronger position.

00:48:55--> 00:49:20

But why did some scholars say that the the the parents and the children will not pay because if the killer will not pay the killer is bakuman Abby will ignore her but often men who and so the killer is is like part of his father and his son is part of him. So they're all the same. So we will not all do them all responsible, but that's not the right

00:49:21--> 00:49:27

position, not the position of the majority and not the established position.

00:49:29--> 00:49:30

Okay.

00:49:31--> 00:49:50

Now, then, so we've gone through all of this. We've gone through the pillar, and we are short 17 camels, short 17 cameras. What do we do with the 17 camels? The Magna Kodama here chooses that. The 17 camels

00:49:52--> 00:49:53

17 camels,

00:49:55--> 00:49:57

where's the killer? We okay. We

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

all the way up.

00:50:00--> 00:50:40

That's why this is the killer. Okay, so the 17 camels will be the responsibility of the killer. That's what the Magna perdana chooses. However, the authorized position in the Hanbury madhhab is who now is responsible for the 17 the state good. So baited man will be responsible for the 17 baited man says, you know, no, I don't have you know, don't have money for all of that stuff I have enough to sort of figure out so, I am not doing this what happens?

00:50:41--> 00:51:03

A drops, that's it. So, the victim will get 100 minus 17 will be 17 gallons. Sure. Now, if the our killer later become affluent or acquire money, they will still owe the 17 camels to the victim

00:51:04--> 00:51:06

alright. So, then

00:51:10--> 00:51:10

what

00:51:11--> 00:51:17

then, what are but then what are some what are what am I doing a service

00:51:19--> 00:51:52

the ocular will not be responsible for the indemnity for intention and murder the killing of a slave the indemnity binding upon a settlement or confession or anything less than 1/3 of the complete indemnity and that is all a Sahaba that is all you know, the basically decrees of the Sahaba in fact of the love now best said it verbatim like this, let me tell

00:51:53--> 00:51:58

them what often and reported by happy family love numbers.

00:52:00--> 00:52:10

And then what they have done will also often not be responsible for intentional murder, will not be responsible for the killing of a slave

00:52:12--> 00:52:17

will not be responsible for the killing for settlements.

00:52:19--> 00:53:11

So here is Salima in car. So settlement was denial. Basically like Johnson and Johnson accepting seven liability but denying any wrongdoing for like a product that causes cervical cancer or sub was sort of claimed to have caused cervical cancer to people or this or that. So they accept civil liability that song camera and car they accept the settlement while denying any wrongdoing. So am I and God now you come and say you know like some people say you kill the you know no i didn't it was somebody else No you can't. So you come then then and settled with them to pay the data without admitting to getting the victim getting

00:53:13--> 00:53:46

victim now if you do this who your aka is not responsible why because of the possibility of collusion like you could have made that agreement with the family of the victim and then you pay your let your ocular pay and you divide half and half between me and you so that you can't outsmart the law. They think that they have been in the business of cover these movies are not just movies like us, you know having like Saturday classes

00:53:48--> 00:53:51

these were in the business of color so you can't outsmart them.

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

So okay.

00:53:55--> 00:54:15

What after often, like you come and basically acknowledge the good and give someone or the mistaken killing of someone because of the possibility of collusion, okay, you like you're responsible and that is a deficient proof, meaning what happens?

00:54:17--> 00:54:39

or restricted proof restricted, meaning it will bring about liability to the person who acknowledges wrongdoing only. Not anyone else, not anyone else. You come and say, you know, Muhammad and I stole that chair, you know? Well,

00:54:40--> 00:54:50

Hama doesn't have anything. If you're if you made that a tariff then then it is it's on you only now no one else. Okay.

00:54:51--> 00:54:59

Your acknowledgement of the paternity, your coverage, your father's paternity to someone that will not

00:55:00--> 00:55:04

You know, the binding on the rest of the brothers and so on.

00:55:06--> 00:55:11

That's after the death of your father and dividing the inheritance and so on.

00:55:13--> 00:55:22

So all of this, then the sheikh says were to act on them and you know, less than 1/3 would be the responsibility of

00:55:25--> 00:55:31

the door, where if it is more than 1/3, then it will be the responsibility of

00:55:32--> 00:55:41

anything that is less than 1/3 the responsibility of the door, so you cut off someone's hand. That's 50

00:55:43--> 00:55:43

That's a lot.

00:55:45--> 00:55:47

Okay, you have

00:55:49--> 00:55:52

two fingers, for instance, that's 20

00:55:54--> 00:56:00

you know, you remove the upper lid, he called off the upper limit that is 25.

00:56:01--> 00:56:08

So anyway, anything that is less than 1/3 you will be responsible. So you're gonna

00:56:09--> 00:56:10

get more

00:56:20--> 00:56:21

know

00:56:22--> 00:56:23

what I

00:56:26--> 00:56:41

even asked him about it and at the gym is non Muslim subjects of a Muslim state shall have their own pillar share the responsibility with them, what are Canada mortalidad for apostates, they have no arcada

00:56:43--> 00:56:55

Why don't even ask them about the genetically The same is true for one who becomes a Muslim, after committing his offense. It is fine tuned in the in the latter combative method.

00:56:57--> 00:57:39

It's not like this in the latter Hanbury method, the lighter company method, only if, if you shoot and between shooting gun heads, and you convert here between shooting and hitting, and hitting, you convert in the middle between shooting and hitting, no one will be, you know, because if you convert here from one religion to another religion, the people of your old religion would say, when he hit, he was not from our religion, the people from your new religion would say, when he shot, he was not from our religion. So they will say we're not responsible for him.

00:57:40--> 00:58:32

Keep in mind that, you know, it's there's a remote possibility, but that is what you know. And the beauty of the flipchart is it talks about a lot of possibilities. And when we come to talk, in this in the second session today, you will find sometimes the some of the things they say and these are human beings, these colors are human beings, some of the things they say, don't make a lot of sense to you, or don't make a lot of sense to many readers, but the beauty of the detail, because at deep detail laws bring about stability in any society, that is why laws are extremely detailed, and they need to be extremely detailed to bring about stability and to limit the room for subjectivity on the

00:58:32--> 00:58:42

part of the judges. So the judge is not making things from scratch is not based on his whether the law makes most perfect sense or not.

00:58:43--> 00:58:54

But the amount of detail and the amount that you know of nuance and detail in the law is is important for that stability.

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

So anyway,

00:59:01--> 00:59:22

the mortar that the apostate will have no ocular because he you know, his red that will not be approved up to make his new people have new his new religion is our killer. And people of his old religion, the Muslims of his old vision will have nothing to do with him as well. So he will always be on his own.

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

We're talking

00:59:26--> 00:59:42

about certainty, as we said, the armor of the law and who came up with that idea when people in the same registry? Can we come up with ideas for you know, things of that nature that would bring about you know,

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

that you know, the fact that we have all of these consequences, financial consequences, huge financial consequences, and sometimes non financial like fasting two months in a row. For kidding.

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

Even if it is mistaken getting is, is conducive to a culture of what?

01:00:06--> 01:00:24

safety, consciousness, you know, the very culture that we don't have as Muslims, they're very like, like if you go to, like in Egypt for instance, like, what would a builder do to avoid mistaken death,

01:00:26--> 01:00:49

he would surround the site with like fences and science and so on, he would be so afraid that someone will trip and fall and break their neck and make sure that that he does everything possible to avoid this because he will be held liable.

01:00:50--> 01:01:04

So this is conducive to a culture of safety, a culture of responsibility, accountability, cautiousness in enormous ways in enormous ways.

01:01:06--> 01:01:07

Then the check said with an

01:01:08--> 01:01:14

inland tycoon fee in Santa Clara Cape walpa, it was following

01:01:15--> 01:01:17

the idea of me doing imaginate

01:01:18--> 01:01:25

how xenophobia were in Europe to female kick it out bombing

01:01:27--> 01:01:57

what my actual apartment in Harlem yet Manu inlanta qunar takuna fee, well, my atla fat Laden family he Domino. Damage incurred by an animal is non compensable. Unless the animal was under the control of a human being, such as a writer, one pulling gate from the front if you're riding, so the animal is not respect he had no human is responsible for what the animal does, because, you know,

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

it's harder genetic

01:02:02--> 01:02:14

damage incurred by an animal is non compensable. Unless the animal was under the control of a human being such as a rider one pulling it from the front or one directing it from behind.

01:02:17--> 01:02:23

They will be liable for the damage the animal causes with its foreign leg or mouth.

01:02:25--> 01:02:56

But not that which it causes with its hind leg or tail because he has no control over the hind legs. So the animal kicks someone with the hind leg, well, you're not responsible, you're doing your best you're holding the camel, or the donkey, whatever it is, from the front and put it in from the front. If you kick someone with the hind leg, it's out of your control, you know, and that law also has to be reasonable. It's out of your control,

01:02:57--> 01:03:11

but not that which it causes with its hind leg or tail, if one transgresses by tying it to the property of others or in the way of others, you double Procter gamble for instance.

01:03:14--> 01:03:55

Then you will be responsible for like a you know for for what you cannot have done or in the way of others he is liable for all of the damage it causes. He is not liable for any crops its points unless it is under his control. He is liable for whatever experience at night, because the Prophet sallallahu Sallam divided the responsibility between the farmers and the herders. And the herders, the farmers need to watch their farms during the day. The herders need to keep their herds and their animals,

01:03:56--> 01:04:28

their flocks, you know, in the stables during the night. So the fact of the farmer, you know, woke up in the morning and found the animals of the herders. And keep in mind, problems between farmers and herders ignited fit and wars throughout the history. Up until now, in Sudan, for instance, there are like contentions that are based on that sort of relationship between farmers and shepherds and you know,

01:04:30--> 01:04:59

and so on. So, the profit is divided. Now, if in a particular culture things change, then whatever people are responsible for or made responsible for or expected in this culture would be responsible, it does not mean you know, when the Prophet sallallahu Sallam divided made that division, it is also based on the circumstances of their times. So, if in a particular area

01:05:00--> 01:05:25

environment we say to the herders, you really need to keep track of your candles all the time or your animals all the time, because the farmers are not in their farms all the time, like here in America, they visit their farm like, you know, very infrequently. So to basically make the farmers responsible to sit down to watch for for the animals.

01:05:27--> 01:05:50

It doesn't work and in certain circumstances in certain environments, so we will have to figure it out. Just like the Sahaba use the that flexibility to figure things out and keep the Sharia the principles, the objectives viable, despite changing circumstances for the

01:05:51--> 01:05:53

product. So against the physical