Fiqh of Transactions #1 – Introduction & Commercial and Selling

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In order to proceed,

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inshallah, today we'll start the section on federal financial transactions. fatca is usually divided into two sections are three sections for four sections.

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When they divide them into two sections, there is a fair proportion of transactions that happen one minute, I bet that worship transactions monitor.

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Basically the area that to prank division addresses the sort of like, goes along with the concept that there is only the creator and the creation, your dealings with a creator are called what I bet that your dealings with the creation are called mama interactions, because you're dealing with your equals here versus over that you're dealing with the Creator. And sometimes they divide you up into three parts, they say

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that mom and dad and Philip had a double Sharia law. So they say

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that which is the act of worship,

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of transactions. That was Shariah law, that religious advocates and customs.

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When it comes to, you know, food that you may eat, when it comes to your religious advocates, what you say when you come out of the bathroom, and so on and so forth. Because these are not considered transactions with others. It's basically how you conduct yourself.

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And in this case, they want to point out the difference between mom and dad when you are interacting with someone else. And Apsara advocates that it's about how you conduct yourself. So here, there is the creation, there is the creator, tour the Creator, the creation and the self. Sometimes they divide them into a four pronged division, which is a bet that worships their mom a lot of interactions that can adopt Sharia law, religious advocates and customs and figure out what to do the internet and the federal judiciary. And why did these sort out or the split the fact of judiciary from the, from the rest of the interactions because they say, when we say mom and dad,

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when we say interactions we're talking about, you're dealing with your equals, you're dealing with a business partner, you dealing with, you know, a merchant, you are you dealing with your spouse, you know, in the federal family, and so on. All of these are equals, but when you deal with the law, you're not dealing with an equal. Therefore, we we separated the fact of judiciary from the rest of the of mamilla. And that's, you know, but classifications is that this is not about different realities, it's just about different perspectives. The same factors, you know, whether you divide the book into four parts, three parts, two parts is the same thing. But it depends on your

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perspective, it's an issue of perspective, not an issue of different reality. So, today, we will start the flip of financial transactions and as we said, next, this will be the factor of family and then

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you know the federal judiciary

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you will get the documents as I said before,

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you will get the documents on weekly basis because the book has been you know, has been completed 100 Allah, but it will take a couple of years for the entire commentary on a lambda to be available on the market, it may take a couple of years.

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Meanwhile, you will be given weekly documents for every

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basically, lecture class.

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You will notice one thing in the book, you will notice one thing in the documents hi intentionally omitted any rule any rulings about slavery,

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I intentionally did not translate them. Why because 100 Allah, you know, we don't have a problem anymore. We don't have the problem of slavery anymore. Therefore, the rulings pertinent to slavery did not need to be translated yet out of faithfulness to the original book and the author, I kept to the Arabic so you will find the Arabic and across from it, you will not find the translation and this was explained. And I want to quickly tell you four cards

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The points that you will have to address when you talk about slavery and when you talk about Islam's relationship to slavery, and why Islam was not abolitionist, or absolute abolitionist from from the beginning, although Islam, to an extent was abolitionist, because the the plan in Islam is to dry out the tributaries of slavery's and multiply the branches. If a river has tributary and branches, you dry out the tributaries and multiply the branches, the river dries out. So that was Islamic, gradual, but it's not always have that gradual approach to different things, because of the realization of reality.

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realization of the difficulty of abrupt even when Islam you know, forbade drinking, or the consumption of alcohol, the the Islam that this gradually. So so. So this is 111 thing, which is Islam is a prayer. So although it was not an immediate abolitionist approach, it was a graduate of the abolitionist approach, because that's the first thing to say, or that's not the first thing, the first thing is to say, first thing is to say that

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the current condition, modern condition with the current condition and modernity of, you know, complete

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elimination of this issue is welcomed by naturally welcomed by Islam, because Islam preceded all other regimes by having this sort of gradual abolitionist approach. So the current modern modern condition is welcomed by Islam.

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And it is to be not only welcomed but celebrated and enforced by Islam. And so

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the second one is Islam the plan, the third one that is also extremely important in this regard, is the treatment of the slaves that that is matchless, you know, cannot there is no reason other regime or religion

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that basically

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instructed his followers in about a treatment of the slaves that Islam testimonies you have my article on this online, I suggest that you read it, or maybe I can send it to you through the email, what is it called?

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If you put my name and put Islam on slavery, as we've come up, you Google it, because a lot of testimonies about this particular issue, the four cardinal points that you must mention, you may mention it whenever you want, you could mention it as first point, second, third, fourth point, but it is a very essential point is that the institution of slavery in Islam was never have racist institution was never a racist institution. slaves in Islam, the most popular slaves that you know, come to your mind would be three, they allow the Abyssinian so high with the Roman hands and man, the person without the haven't seen inside the Romans, and then the Persian, also, as the Arab, you

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know, among the most popular slaves in our in our history.

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So that if you haven't seen handsome man, the Persian swipe the Roman they, the Arab, those are examples of this. So it has never been a racist institution. In fact, most of the slaves in the history of Islam

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have been from Asia Minor. And those those particular slaves also ascended to power in in the Muslim states. And that tells you about you know, the the mobility, the extreme mobility, they they would not have normally, what was the dynasty have the slaves, basically, dynasty of the slaves, they became monarchs. And the Muslims throughout the lands accepted them as monarchs. They became, you know, chiefs of the army and monarchs and so on. And so the dynasty of the slaves that's how we translate though that the memory dynasty of the slaves dynasty of this so these are four cardinal points. Islam does not only welcome the current conditions, but but celebrates them and enforces the

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Islamic heaven as sort of a gradual abolitionist plan, not an immediate or absolute abolitionists plan.

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treatment was was remarkable, you know, based on testimonies, multi user system

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money's not I mentioned in the article, and it was never a racist institution.

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Okay, so that is why I but the reason why I did not translate the rulings is because

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you know they are nowadays,

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irrelevant.

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Now, when it comes to the federal financial transactions, I wanted to mention a few things before we start to the book, the Federal financial transactions, there are differences between this section effect. And the section that we were covering the focus of financial transactions is

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very, sort of different from the book of worship, in the fall in

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insofar as flexibility is concerned, insofar as flexibility is concerned,

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in the form of financial transaction, there is huge room for human creativity, huge room for flexibility and human creativity.

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It is not as regulated as the fact of worship by Dr. Seuss by the text of Revelation. If you think about it, if you look at a book, and a the Hadith,

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the books of law.

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Take for instance, Chaka Montana era that

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it's a Hanbury book on law,

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you will find that the book of worship in those books is about one third of the entire book.

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But if you take if you go to the hobbies, the reports, that regulates the area of worship, you will find something quite amazing. If you go to Beluga Moran, for instance, you'll find the Beluga Miranda had to have about 158 hobbies 150 more, I'm sorry, 1580 1580 a Hades Beluga Mara, that is a book that collected that Hafiz Ibn Hajar in this book collected all of the hobbies that pertain to law, but not only law,

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about

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130 of them are about other horrible etiquettes or about, you know, manners and etiquettes so if if we if we take only the ones that pertain to law, they will be about 1450 for instance, 1414 150 How does that pertain to law, you will find that 780 of them exactly 784 of them are in the area of worship, of worship. 500 590 579 of them are only about the Han Solo 579 I had these to regulate the heart and soul to regulate your physical and ritual purification and your prayer 579 hobbies 190 a hadith to regulate the whole area of of Commerce, the whole area of transactions 193 regulate this 579 to regulate your will do and your server you're basically getting ready for this Allah, Allah

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and getting ready for this a lot of their prerequisites of Salah. So 579 for solvar 194 all transactions you know for lease and

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guarantee worship and sayings and chapters and usury and chapters on you know, settlement.

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Everything Oh, everything.

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If 190 how to use only what does that tell you?

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It tells you that in that it is flexible, it's very flexible. It tells you that Islam intended the laws of Karnataka intended in the Sharia, to give us principles to go by and guidelines, principles and guidelines in this area of fair calf transactions it is not as regulated as in the area of fact of worship by that news

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of the Quran and the Sunnah

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One other thing that makes this particularly flexible is the presumption of continuity, the presumption of continuity, in this case, the presumption of permissibility, everything is permissible in this area until proven otherwise. Whereas in the third cause of worship wasn't the same. It's the opposite. You cannot make up a an act of worship. And that would be called what there are, but in the fact of standard financial transactions. Everything is permissible, do whatever you want. Make sure that certain barricades Are you watching the barricades you're watching the signposts that Allah subhanaw taala erected for you on the sides of the road in watching the

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barricades. And that's it, watch the barricades watch the signpost. So that you you avoid drifting away from the beaten path you avoid injustice, you avoid iniquity, you avoid transgression. But other than that, you know you're not being told what to do do whatever you want to do. What are the Hello calaca Florida Jamia Zoo created for you everything on earth do whatever you want to do.

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But watch these

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limits, watch the these bounds of Allah subhanaw taala as you proceed as you proceed, so, principles and guidelines on the the default is permissibility. The default is permissibility.

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All also when you think about the particular in the Ambani method, because they have any method is the most tolerant of agreed upon conditions have mutual agreement, most most tolerant of agreed upon conditions when two people get together and they make certain conditions certain clauses add certain clauses to the contract. As long as there is mutual agreement, most of the time, the handling method will be tolerant of those mutual agreements or you know, or agreed upon conditions. If you add this, that adds to the flexibility that adds to the flexibility. So the essence of the essence of have permissibility of contracts in Islam is called what

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the mutual agreement after the mutual agreement, that's the essence of permissibility of contracts in Islam, that's the basic essence.

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So,

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that's another concept that is important to point out. Also important to point out

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is is that in this particular sphere or in this particular area of the law, the the rulings are tied to and contingent upon what tied to what

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five to Elon Allah is effective cause effective cause

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versus suburb suburb and certainly the U visa these are modern, more sort of not modern and modern like the last 100 years, but these are later distinctions because they are they are scholars who have used things interchangeably but they knew the differences

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but but the latter scholars would would basically designate a word for every different concept and that they would stick to the to that terminology. So the difference between idol and sub is that setup is the cause not the effect of cause and the difference between cause and non effective Cause if you think about the suburb of fasting you know when do we fast we fast upon citing the moon that's a several bowrider seven NACA alerts definitely what's the difference between cause and effect if clauses seven is not basically comprehensible, is in comprehensible? So why do you fast in Ramadan when you sign the moon of Ramadan? Why that moon and not the other mode in comprehensible?

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Why do you pray four times? What Why do you pray five times versus six or four? Why? Why does it have this loaded despite the fact that is it's coming to like during during the day in the middle of the day people are busy. It's for Rockers, and then fragile which someone may sort of suggest or propose that.

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You know, it's the beginning of the day and you just walk up to actually be four or five.

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But why is it to only and 444 and three four Margaret

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If you don't go there, you know,

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God

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is the most knowing of what, how we should be worshipped. And that's end of the deed, however, in the area of transactions that are mainly linked to contingent upon tied to what effective causes comprehensible, and if they are comprehensible, then can we use an illogical deduction? Yes. Can we extrapolate? Yes. And when we do this after, when we do this, we must respect not only the immediate effective cause, but the overarching wisdom as well. And that is something that the most astute, who Sue these are scholars have also pointed out, that while you are giving consideration to the immediate effect of cars, keep in mind, keep in mind, the overarching wisdom, the wisdom, because of

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Heckman is above the immediate effect of cause, that immediate effect of cause. Why, you know, so the basically, the immediate effective cause of the prohibition of wine is what intoxication, why

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impairment of judgment, you know, so much evil can happen when people have impaired judgment, and so on. So you have to go a step farther than just looking at the immediate cause, and to examine the wisdom for better extrapolation for a better and illogical deduction. And that will all help particularly in our modern times, because things changed a great deal in our modern times, that in today,

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he has absolutely there have been huge changes in our modern times,

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you will not be able, you will not be able to observe the guidelines and the principles of Sharia in this area, unless you have a deep understanding, not only in the rulings, not only in the evidence, not only in the immediate title or the immediate effective cause, but also the sort of the theory behind all of this, the concepts, the more higher up more abstract concepts and wisdoms behind all of this, you know, the theory of contracts in Islam, they are Amala wrote a treatise on the theory of contracts. So that is something that you have to have a grasp of, to be able to apply those principles in a completely completely different environment. No one can deny that the last 200 years

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in world history have been

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sort of have changed the world in ways that people in the past, whatever, 220,000 years, I don't know the history of humanity, and I don't know the basically the age of humanity.

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But whatever you think of the age of humanity, but in the last 100 years, the changes have been much bigger than than ever before. So these are things that we have to pay attention to. And I want to tell you one thing, because many times you think that

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many times you think that Islamic Finance and Islamic this and Islamic the these, these things are not really real, they're just like sort of tricks.

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They're not about substance, they're only about form. And I wanted to tell you one thing, just to be merciful and have good thoughts.

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As much as you can have the whole concept of Islamic Finance, you have to understand that the scholars alone cannot do this work unless there is political will, in Muslim countries to actually go to live by the guidelines and the principles of Islam. And the that political world creates the environment where the actualization of those wisdoms can be had.

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Those wisdom could be actualized. Those guidelines and principles could be enforced. Until we get there. Islamic finance is not working in a vacuum. It is working within a system that is completely

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inconsiderate of Islamic values and finance. Therefore, when you work within that system, it's like you're trying to run run inside the train. But you just can't leave the train.

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You're running, you're going back and forth and back. But at the end of the day, you know, maybe one end of the train will be a little bit better than the other end or a little bit more conducive to Islamic value than the other end but you are surrounded here is just not you, you're you're working with in a system that is not considerate of those values. So, you tried to do your best, you tried to do your best, so that you remind people that we do have certain values in this area that we need to uphold, and we need to respect and you do remind the people of the world in general, not just Muslims, that you know, the way things are done nowadays could have a detrimental effect on humanity

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could have a detrimental effect on the social fabric of the societies could have a detrimental effect on the human spirit on the human on human morality and so on and so forth. So, yes, we should continue to examine you know, areas of improvement for for Islamic Finance,

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in general, but,

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but like I said, it is not easy, it is extremely difficult. So, maybe just the effort that we put into this is would be like a good reminder for us that there is something to aspire to

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you know, the end of the day

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so these are, this is the the introduction.

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Now, you haven't put American law sub keekaboo by the book of saints, so it's basically the book of selling and commercial transactions. He says Allah tala Bay Allah has Allah said, Allah has permitted trade for Halong Bay Allah has permitted trade. This is an idea about Riba haram Urbana law forbade Riba Allah forbid usury. But Allah the day when they said the true usury is like, like our regular sales, a lot of them the law made by a wholesome and good and permissible and made Riba forbidden usury forbidden.

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So by the concept of money in general, the concept of wealth and general commerce, development, progress, financial progress, it is important because we talk a lot about zurvita. We talk a lot about this interest in the dunya or renunciation of the pleasures of the dunya and so on. So someone may think about Islam as a verse to wealth. But Islam is a verse a first the prosperity if Islam teaches its followers, to be basically this interested in the dunya because that's how it is sometimes translated,

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to renounce the pleasures of this toniann the luxuries of this linea that is really not true. That is not how it should be understood.

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But what is Islam's theory about prosperity and wealth?

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First of all, Islam encourages prosperity and encourages wealth, encourages development encourages progress, particularly economic progress, particularly economic progress. And the prophet SAW Selim used to seek refuge in a law from poverty from fat color from poverty.

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And the prophet SAW Southern as reported by Muslim from

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the moment of

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moment of dive with equilon, hierapolis Anima and focused on Bella he wala dodges, what are the charges?

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So he said, You know, he said, the moment where the strong believer is more beloved to Allah than the weak one. And this is not about strong in belief. The believer who's strong, capable, competent. It's not just one type of strength, it's all forms of strength. It's not just like muscular. It's all forms of strength. So in mineral clay, the competent, capable believer is more beloved to Allah than the weak one.

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Certainly, that would not be about belief, because that would be a no brainer, you know, that would not need like, sort of Hobbes to say that the one who has more belief or stronger belief is more beloved than the one who has weaker belief. We're talking about to believers, and one is competent and capable and one is not in the premises. Having said that, for the confident one is more beloved to Allah.

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And the other one.

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If you couldn't find and there is good there is good in both SRM and far be keen on attaining your benefits or your interests for fulfilling your interests, Western Villa while others and seek help from Allah and do not feel powerless, do not feel powerless. It says do not be powerless as if you can you as as if powerlessness is something that you can avoid. And that's exactly what the prophet wanted to say, as far as snus is here, no matter how, you know, impeded, you are, by physical incapacity, by this by that powerlessness is here.

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So you can overcome powerlessness.

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And we have so many examples you have, like, so many nice YouTube clips about people who has severe handicaps, who have been able to overcome their handicaps and be productive and be, you know, sort of productive

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in every regard and

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contribute to their societies contribute to their families, and so on and so forth. So, the prophet said, and do not be powerless, you know, because powerlessness is here. What I thought is what I thought he alone can cause other characters

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or other leonessa.

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And but don't say you had had had this happen this way, you know, to the outcome would have been this way or had I done that the outcome would have been different.

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don't have those regrets about the past say that is what Allah has decreed, and allows decree have come to pass. That's it. So you do your best beforehand, afterwards, you know, don't basically live in regret for the rest of your life, you say it's better move on.

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So that's what one, one hobbies that is important to hear in this regard. And that points the importance of competence, the importance of productivity, the importance of strength, for the believers, the other one is when the Prophet sallallahu Sallam is reported by Ahmed, authentically also is when the prophet SAW Selim said Mohammed Abdullah, hos name man and metal solid or bill Matta sila that Roger decided, which basically means good money is very good for a good for a good man good money is very good for a good man.

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And it this is a remarkable Hadith also because it basically summarizes everything good money means wholesome, that is acquisition

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is very good for a good man because it would not be very, very good for for any man for a good man who knows how to spend. So, it depends on where it is coming from. And it depends on

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what is being spent on how you spend it. So how you acquire it, how you spend it, you fulfill those two conditions, wholesome earning, and spending, you know, not for very frivolous frivolously, and not extravagantly and not for, you know,

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inferior

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purposes, intense ends, but for superior ends. So if that's what if that is what money is doing for you, then it is good. No matter how much you have no ceiling, have as much as you want. If you're giving a panniers, a cab doing your Santa Claus taking care of your obligations and earning it from heaven, without trickery, without cheating, without exploitation without you know, any form of inequity or harm harmless, then it is good for you, the more the better.

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Having said that, is it absolutely the more the better and the more the better? Someone may say, but wait a second, money could be a distraction from the worship of Allah. Money could lead to incidence and arrogance and many diseases that rich people have that poor people don't feel poor people have their own sets of diseases as well. But there are different sets of diseases that the rich and poor people have. And rich people can have very severe diseases like arrogance, pride and excetera incidents, distraction heed listeners, excessive joy, you know, and fara, halacha Roboto.

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All of these things can can affect the well that would be the contingency, the more the better with some contingencies. One of the contingencies, the Hadith of the Prophet sallallahu Sallam that is also reported by ominous antic Lee where he said in a lot I have bucola jhaveri in jawaban Sahaba for

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Well Parliament family lineage and Family Law Kira Hamilton banarasi, fitting belaid argument family lineage.

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So in a lot of arranger wasn't so having fun as well, a lot does not like one who's overbearing, rough and overbearing,

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greedy, allowed in the market, you know, loud, really loud.

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Hey, Martin Bernhard de la

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works like a donkey during the day, and is like a piece of flesh at night. In a cadaver, basically, at night.

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I didn't donia he knows about fairies of the donia era. And he's completely ignorant about the affairs of the actor heedless, who are inconsiderate of them,

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negligent of the affairs of the error. So

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this is important, yes, the more the better given that you're not going to need that this fit that description, fit the fit that description, keep in mind that the scholars who are some of this content is sad and that's the probably the wrong the the correct position that will ever praise is not a defect night. If you prepare your answer, just the answer.

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You're not considered the sort of piece of that flesh at night, because you have fulfilled your obligation towards Allah, the man come to the prophet SAW them and asked him about Islam and so on. And the Prophet told them five daily prayers he said I would not do anymore. And the Prophet sallallahu Sallam said half lion Saba, you know, he will prosper if he if he was truthful and genuine. If he commits that he will prosper,

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he will succeed. But certainly if you do better as well after that, then you're pretty safe.

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You're you basically an escape that description completely escaped that description.

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So, these are the contingencies this isn't you know, so development is recommends encouraged in Islam. Islam wants progress, once economic prosperity for the individual and the society. However, when it comes to the individual, there are certain contingencies, there are certain contingencies. One, it should never be a distraction, your obligation to Allah obligations are large and never also distracts. You have a proper balance. You have family, you have Allah, your Creator, you have your community, you have your guests, your investments should be socially responsible, you discharge your obligations towards your community, your family, that you ought to be beautiful and committed to the

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welfare of your family, you have your Lord the most important you do not should

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not basically

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neglect

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his rights on you, you do not

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basically compromise your Salawat and the rights of Allah subhanaw taala. Can the rights of a mine include the rights of his creations, the rights of Allah include the rights of his creations, his own rights, and the rights of his creations?

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A

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hand so and then, and then so you're not being distracted. And then the other contingency which is important is you're watchful for those diseases that befall and afflict rich people. Watch. If you're getting rich, be careful. Here are the things that you need to watch for, you know, arrogance, pride, insolence, heedlessness

00:39:05--> 00:39:07

excessive joy

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those things watch where those things and and avoid them as much as you can.

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Then the sheikh said well by your alma mater to Melbourne med selling is the substitution of property for property selling is the substitution for our property for property and now we're going to come to Filipina so setting a substitution of property for a property and it is the basically permanent substitution of property for property permanent not transient.

00:39:43--> 00:39:54

So here, what does he mean by property? There are four different okay so there is Sun and Moon and we will mention this often I you know,

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so salmon is the price

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mess

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morn is the price that which is the thing that you will buy with a price which means what it means two things it it commodity or usufruct commodity

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or usufruct usufruct means one man far and far which means commodity is an actual

00:40:25--> 00:40:27

you know thing property

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usufruct is the usage the the sort of the right to usage if I save you basically the right to use to use

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

my

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stairway or the right to use

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my alley or something of that nature that that is that is a sale if it is permanent, if I if I give you the right of usage for 20 years that is least not saved, but if it is permanent it is saved sale here none of the property itself but they use a flat demand for the rights of usage

00:41:18--> 00:41:20

Okay, so Thurman and Miss moon

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So,

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sometimes sometimes

00:41:29--> 00:41:46

the sale would be what what is sale proper what is the sort of the sale proper say proper which is buy is salmon, but you know, it is substitution of salmon for less known. So, price for commodity or commodity for price

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commodity

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you said or usufruct

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Okay. So,

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give me your car for $5,000 okay

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whatever it is commodity for commodity, commodity slash usufruct for a commodity

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Give me your car

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in exchange for my laptop

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in here your car must be in bad shape.

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But give me your current exchange for my laptop is this head on? Yes, it is harder, when we come to the chapters of Arabia we will talk about when it is not valid. But you know for this example, this is how to add your car for my laptop is harder. This is not saying proper and Islamic encouraged to say proper by the way

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over it allowed this but encourage the because of the standardization of prices is important you know currencies. So, so here it is currency for commodity here is commodity for commodity This is called mocha bartering,

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bartering

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whatever it is currency

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for currency.

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This is called the word currency exchange, it is called sarf which has a different set of rulings that we will cover in the chapters of usury

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currency It is called serve. So, price for commodity commodity or currency prices currency.

00:43:47--> 00:43:52

Yeah, so, these are the three different examples

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

you know

00:44:04--> 00:44:05

okay.

00:44:09--> 00:44:41

So substitution could be commodity for commodity commodities last usufruct I am not gonna repeat usufruct every time. But we when we're talking about commodity we're also talking about usufruct the right of usage, not the actual property, but the right of usage. So, commodity for commodity, commodity for currency, currency for currency. commodity for commodity is mocha bartering, commodity For Currents is said proper currency for currency is sort of which is a currency exchange.

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Then that she said

00:44:47--> 00:45:00

and this time, we will just talk about his introduction of the permissible buyer and one example, one exception from the permissible buyer at the end, we will

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say why huh? He actually made like a mention of this at the beginning of the chapter.

00:45:08--> 00:45:43

Next time we will talk about the forbidden sales. And next time I wanted I asked you for permission to to give that the scale session to feck or to use the scale session for effect because we you know, to have like a rounded understanding of forbidden sales, we will need the two hours. Can we do that? Otherwise we don't want to divide for a billion sales over two weeks. We want to just finish that subject in one day.

00:45:44--> 00:45:48

Okay, so next time inshallah it will be all about forbidden sales.

00:45:50--> 00:45:58

But here he starts by saying where Jews by Jews obey your quarterly mameluke memerlukan Fie enough on mobile, lol Qalibaf

00:46:00--> 00:46:20

wanna edgy boo hormonal Harlem with Liffey the anonymizer Salah Monaghan feminine caliber parliament, Tana Calvin inlet caliber Mattia outside in Naka, some anomaly equal element Pirata. It is lawful to it's lawful to sell anything on that you own

00:46:22--> 00:46:38

condition here that you own it, and we will talk about the pillars and conditions next time and it's lawful to sell anything owned by a visitor that has a permissible benefit, that has a permissible benefit to conditions benefit and permissible.

00:46:39--> 00:47:37

The only exception is a dog, it is prohibited to sin one and a person is not fined for causing its impairment or loss. This is because the prophet SAW Selim forbade charging a price for a dog and he said if anyone keeps a dog for other than guarding livestock or hunting, the reward for his or her deeds will diminish daily by two key rods. Eros cannot is a measure of weight used sometimes to refer to a large measure large large a lot, it means a lot. He was his his reward was diminished a lot. So what was the Shaq say what was the GSA saying here, then everything that is permissible, that has a permissible benefit use use a frog is permissible to sell except to dogs.

00:47:39--> 00:47:48

He mentioned three things anything that you own, and we will come back and talk about this in detail next time in sha Allah and has permissible

00:47:52--> 00:47:53

benefit

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

as a as a CEO juice is permissible to sell. So,

00:48:02--> 00:48:54

what why is he trying to Why is he saying benefit as some benefits, because you you will come to know from him next time that it is not allowed to sell to people things that have no benefit, because that will be exploitation of their naivety or their lack of knowledge. So to sell insects or to sell something, certainly some insects have benefits nowadays and we will talk about this, but they sell things of no value to people would not be would not be harder, certainly in a secular context. That concept will be pretty sort of almost absurd. Because in a secular context is the if there is mutual agreement, seldom whatever, but here the concept of most the concept of looking

00:48:54--> 00:49:10

after the interests of the other party, your brother or sister looking after their interest and it is not hard for you to sell to sell them something that has no value even if they agree to buy it even if they agree to buy it

00:49:12--> 00:49:28

and it has to be permissible because you can sell suddenly has an impermissible benefit why and has benefits, but they are impermissible benefits because the harms of wine outweigh the benefits impermissible benefits.

00:49:29--> 00:49:35

Okay. So he said except that except to dogs and

00:49:38--> 00:49:54

why he accepted dogs and why did he have to mention dogs because dogs meet the you know all of the criteria to be allowed to sell because they are own some people own their dogs. They are

00:49:55--> 00:49:59

they have permissible benefits hunting. You know livestock

00:50:00--> 00:50:15

guarding livestock and hunting and guide dogs also for me, you know there are certain other applications modern applications that would be like hunting and guarding livestock and gardening in general.

00:50:17--> 00:50:23

So, that is why the malvani said it is okay to sell dogs.

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

He said okay,

00:50:30--> 00:50:34

but the three memes said

00:50:35--> 00:50:40

Okay, so, a mathematic You know, there are there are conflicting reports within the Maliki method.

00:50:42--> 00:50:46

But some people say that the popular report is not that is not allowed to sell dogs.

00:50:47--> 00:51:04

But the two methods that are pretty clear on the impermissibility of certain dogs would be the sapphires and the honeyberries Where did they where did they come up with this you know, there is a heavy you know, narrow sort of lays on allottee and sanlam.

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supports by bahria Muslim from Abu

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Salah man

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feminine can

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be a

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game

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which means the prophet SAW Southern forbade the price of a dog

00:51:30--> 00:51:37

or making profit of the dog price of dogs.

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

Margaret Berg a payment to a prostitute

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payment to a prostitute

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

a harmonica one and payment to a fortune teller.

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Well, that seems to be very clear how could the Hanafi is disagree then.

00:52:07--> 00:52:22

Haha Hanafi said that there are reports from the Sahaba and they cited also some reports that are traceable that are controversial, but they say they are traceable to the prophets of Salaam but there is controversy over them, you have to they can trace it to the Sahaba

00:52:23--> 00:52:42

there's some Sahaba at least that they allowed the sale of the guard dogs, the allow the sale of the particularly elaborate more on lemma, basically the Learn dogs that are used for hunting hunting dogs, they allow their say

00:52:43--> 00:52:54

then the Hanafi say of the son of the Sahaba allow the set of some of the dogs and then we have to understand that this Hadees within that context that can text here is what

00:52:56--> 00:53:35

except for the dogs that have permissible uses because the ongoing principle or core idea is that dogs was permissible you is that is that is the permissibility of sale of things that have permissible uses. So the Hanafi say dogs are no exception. This Hobbes was talking about dogs that don't have permissible uses the and the dogs basically that are that people have just to happen. Just that you know as pets, for instance. That is not a permissible use, according to all four schools.

00:53:36--> 00:53:45

But permissible use would be guard dogs, hunting dogs, guide dogs, all of these are permissible uses for a hijra for a need.

00:53:46--> 00:53:51

So that is why we're hunting for said no this hadith applies

00:53:52--> 00:54:43

to dogs that even have a shot at mama mad. Sad No, this hadith applies to all dogs and the general the general wording is sufficient for us to forbid any sale of dogs. Your reports are not authentically traceable to the Prophet This is an agreed upon Hadith and your reports from the companions do not change the generality of this hadith and do not specify the generality of this hadith. We want the Prophet himself to specify out of this general generality. Now the companions you know the valid points from from different directions. However people who need to have a dog and do not find someone to give it to them. They can buy if they need a dog you can find someone to give

00:54:43--> 00:54:59

it to you you can buy what is the point of the chef phase and hamburger is the the point that they're trying to make is that why dogs have permissible uses and why it is okay for you to have dogs for permissible uses. The prophets of Salaam wanted people to write

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

Above the dounia, the meanness of offsetting giver extra dogs, you know, dogs are procreate, and you should be kind enough to give your extra baby dogs to people who need them without charging a price for that, because that is belittling of a believer to actually want a price for your little baby dogs. Just consider this to be a noun. You know, right and as you can see with the Informatica The, the audio team will scan for items within hormones, I wanted to do your own, I'm not gonna know, those who withholding my own man, I'm gonna consider it to be small acts of charity. You know, like if some, if your neighbor asked for a little bit of oil, butter, sold flour, sugar, he just don't

00:55:55--> 00:56:34

charge them. He's give them they asked you like, you know, the you can use your bucket for a day or kind of, you know, buckets have uses in the past, but I can't Can I use whatever your mixer that you give it to them, you know, you don't charge them, you know who they use it, they bring it back? All good. You know, so that that concept itself when we start to withhold in my own small acts of charity, kindness, graciousness, then that would be alarming. A society that that doesn't do that out of the kindness of their heart,

00:56:35--> 00:56:36

you know, is

00:56:38--> 00:56:39

not

00:56:41--> 00:56:57

doing well. So that's the concept anyway that the sapphires and honeyberries were talking about is that you know, if you need a dog, people should actually extend that sort of kindness to you and give you a dog without charging a price.

00:56:58--> 00:57:15

The hafeez may say but sometimes it is, you know, to train a dog to be hunting dog is a big deal and it requires a lot of experience and effort and so on. So it is like a valuable commodity that

00:57:16--> 00:57:18

that can be sold.

00:57:20--> 00:57:29

I am not making any type of GE here I'm just leaving atoms I just told told you what they said I'm not making I'm not making any choices here.

00:57:32--> 00:58:06

And actually we are done. We're one minute over so next time inshallah two hours for the forbidden sales. We will go over the pillars conditions and hindrances and Arcana shuru one Milena of sales and we will try to make sense out of the forbidden sales because sometimes if you try if you don't give them a proper classification and try to make sense of them, it becomes a little bit too sort of confusing, quote unquote you haven't stopped for a while come on come on handy. Chevrolet monster forgot to worry

Fiqh of Transactions #1 - Introduction & Commercial and Selling
40.12MB