Fiqh of Transactions #10 – Chapter on Loans

Hatem al-Haj

Channel: Hatem al-Haj

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Should we start

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to proceed? So, today we have the chapter on loans

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next time by the way, because some people may get confused about this because the chapters look alike

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and I wanted to check on it right away.

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Is he still here?

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Okay.

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So so

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the chapter on loans and other transactions in the next time inshallah, we will be talking about the chapter on a diet

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that

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next time we will, the chapter will be on this. So, what's the difference between loan and

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loan is when you lend someone money or something, lend someone money or something,

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when you borrow that that's a loan.

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But that

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can result from a loan, and it can result from other forms of transactions.

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That basically is when you owe someone money.

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When you owe someone money, does that always mean that you borrowed money from them?

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No, you could purchase the product a commodity from them, and you owe them the price. Is that true or not?

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You could have heard to them, and you owe them the compensation of the woods.

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So that's the difference. Simply

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that can result from loan die in can result from parent, but not just limited to that, that can result from other forms of transactions, as well as a liability and you owe someone money. Next time we will talk about the rulings of debts and how can interdiction interdiction is and had had enter the action? And when someone is a muffler is bankrupt? What do you do with it?

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And how do you resolve the conflict between the debtors and creditors and things of that nature? That would be an excellent This time we are talking about loans. In particular, we're talking about the product in particular, and I'm going to put American law title seven has been his book calendar on the Babel current work is a chapter on loans and other transactions.

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And then he started by hobbies and he sometimes does this. And that's part of the Baraka of this book, in particular armed is a blessing book, because even though it is a manual, unlike manuals, it does have some

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a you know, a Hadith of the Prophet sallallahu sallam. But before we talk about the Hadith that he started with, and the rulings are pertinent to Hardee's it is probably in order probably in order

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to talk about the ruling, borrowing and lending. So what is the ruling of borrowing and lending and email? Kodama did not talk about this. So we will start by addressing the routing itself of borrowing and lending. You will find it in the commentary, but the inimitable koderma did not address it in the in the text.

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So what's the routing?

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lending starting with lending what is the role of lending and starting with lending because the other audio Pyromania the sofa the upper hand is

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Better than the lower the good the one who gives is better than the one who takes. So, the ruling of lending certainly lending is commendable, it is Mr. hub, Allah subhanaw taala said Mandela the hustle and bustle of often kathira who is he or who is is it? Who is it who will give a good loan to Allah subhanaw taala So, that he may multiply it for many people

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multiply it for them many times. So, who is going to give a loan to Alice Bertha, is this talking only about curb giving loans? No, it is talking about all acts of charity all charitable acts or all charitable behavior, whether it is charity or spending on whatever good cause.

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But it does include current because current is a charitable behavior. And the fact that the last one

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to talk about it, you know, Allah phrased it in this way to highlight the virtue of loaning also speaks of the virtue of giving loans and the Prophet sallallahu Sallam said they have Islam and Muslim and Muslim and Marathi in in LA Cana Casa Kesava petit hamara nam in Muslim in this was reported by revenue manager from ebony Massaro the Allahu Mammon Muslim in your credo Muslim in Marathi Illa Canada casada Katia Mara whenever a Muslim gives a Muslim alone twice, it will count as if he gave him or or he or he gave them charity once or savica once our some other phrasings Cadena, Rainey can Sakina who would you give to dinars has a loan that is like giving one dinar in charity?

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One dinar has sadhaka? And why is this because, yeah, it's a it's a risk taking benevolent act, it is a risk taking benevolence or act of benevolence. Because oftentimes you give people loans and they don't pay back. And even if they pay back, you did not have you know, control over your money for sometimes months, sometimes years. So it's a benevolent behavior. And since it involves risk, then Allah subhanaw taala will reward you for taking that risk for his pleasure, then it will every hero, so $2 has alone would be counted for you as $1 in charity, and if the person did not pay it back and you made the fleet dedicated the matter to Allah and he accepted it, then the whole thing

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would count for us charity.

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So as far as lending is concerned,

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and the you know, lending is of particular importance, because there are some people who will not accept charity, but they may accept, to borrow money in their times of need. There are some people with dignified character who will not accept charity, but they will

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accept loans in their time of need, therefore, to relieve the distress of those brothers or sisters who would not accept otherwise accept charity would certainly be a virtuous act. Can we give them loans from the fund of South Africa? Yes, if they are deserving of South Africa, then, you know, a pre pre awry, they would be deserving of loan. So if they return it, that would be good. If they did not return it, they are deserving of charity in the first place. So you can give them loans if they're too dignified, to ask for charity, or to accept charity,

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which does not mean that people will accept charity or not bigger than five, it's just that the people have different

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sort of psychological makeups. And for some people, it is just not easy for them to accept charity.

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Now that's the you know, that is the routine of lending. What's the ruling of borrowing?

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Running, borrowing, what is the running of borrowing halon

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makuu

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Haram, what is it?

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What's the hub go Adam

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It's all free.

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But the default is

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the default is how to borrowing as the Prophet sallallahu Sallam in this hadith.

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He started with stellar, but he borrowed for, for public interest for his individual interest, but he did borrow from as an Ohio Muslim from us or the law, he did borrow borrow barley from a Jewish man and when he died sallallahu Sallam his seed was still with the Jewish man as a form of security or run.

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So he did borrow the facilities alone. Therefore borrowing is halon.

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Borrowing without a need, borrowing without and it would certainly be more.

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Borrowing without a need would certainly be more cruel it would put you in this much liability is another Hadith where the prophets of Salaam refuse to pray for the man who died and he had that

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liability that he had not paid off before his death. So huge liability, so huge liability

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to borrow money from people, and certainly it would be makuu disliked to borrow without a legitimate need. Now to borrow money, intending to not return it, to borrow money without necessity intending to not return it to squander it. Then

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listen to this.

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The province of Southern South Africa where unless you read the law,

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you redo

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one of the important ideas here and we will write them all have the loved one.

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Woman activate a modern man or woman Africa you read it laughs

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hamanaka you read it laughs

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left a

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strong, strong, strong language. Whoever takes the money or the property of people intending to pay it back. Allah will pay back on his behalf. Whoever they except intending to squander it. How long will destroy him? allow him to squander him allow destroy him.

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Okay.

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So think he the best hobbies don't borrow unless you really need to intending to return the money back as soon as possible.

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That's the ruling of borrowing could be halal

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or haram depending on your need. And depending on your intense

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then the malata set on heavy rock solid

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solid solid stellar Femina Roger in background

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for Kadima, Cali, AB Rosada, Amara Baraka Dr. Rebecca Ferrara here Baraka Kerala magic. Ella here and

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abroad reported that the last messenger took from a man has alone ion gallon bucket is a young camel. Then camels of the camels of South Africa were brought to him, he ordered the Buddha to return to that person, the young camel, as a return of the loan of Baraka returned to the messenger sallallahu Sallam and said I only found better camels over six years old, he replied, give him one. For the best people are those best in paying off debts? The best people are those who are best in paying off debts. So in this hobbies, what do we learn?

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We learned several things from this homies. First, the problems on this time borrowed for public the public interest he used to borrow, like you when he gets when he would get someone like a needy person and he did not have money to give them he would borrow for them borrow on their behalf or borrow for them, and so on. So this time the Prophet borrowed for public interest. And then when the urban the cameras of Southern charity came back, came to the baited man of the house of Treasury, you know, the Prophet sallallahu Sallam said to abora now go pay back this man.

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And for pay off this man.

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Hands on they did not find the same age like they find on camera, but they found that there were much better camera

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Much better much bigger you know camels

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and then you know, returning you wouldn't want to return the same exact thing like the loan not less in any way shape or form. So about giving back to the process I haven't said to him I did not find except much better camels. What should we do now, the prophets of Salaam said give him the better capital, because the best people are those who are best in paying off their debts. This means what it means that as long as it is not a condition as long as it is not stipulated or implied in the contract, as long as it is not expected by the lender, the borrower may give more to the lender at the time of

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payment not before at the time of payment, you may give more to the lender as a show of gratitude or appreciation.

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Giving This is not stipulated implied expected Okay.

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And then we will come back and say the ruling when it is stipulated implied or expected that this is also one of the benefits. One of the key benefits of this hadith is, you know, this hadith can be cited on behalf of the majority and the majority here would be the Manny keys.

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The ham baddies for sure Maliki's and shafa is that he said that when you give a loan you do not have to give Miss Lee Miss liat would be fungible. fungible means what things that are substitutable substitutable. Which means what means like two turns of weeds fungible Smith Leah or Tamia, non fun jables Miss Leah fungible, sweet fungible

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so what are the mystery particularly in the hunt Valley method in the Ambani method, Miss liat are those things that are measured by weight or volume. Those things that are measured by weight or volume, they're fungible substitutable you know, two pounds of wheat, two pounds of wheat, two pounds of wheat substitutable. Now, it's the exact substitution, you know, that's why they're called mithya literally means what like, so, they are a exact substitution because they are easily substituted, you know.

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Now, so, things that are measured by weight or volume wise norquay looseness weight, volume and scale. These are called the Miss Leah, which means tangibles substitutable exact likes. Now, there is something else called tme. The

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premium fever means what means value, things that can be

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easily valued, but they don't have the exact likes, but easily valued in the hand very Metalab things that are things that are measured by

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count

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or cubits

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count or cubits, for things that are very individual

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they are called kimia

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meaning non fungible not easily substitutable a camel is not easily substitutable because you know this could be like a little bit fatter camel this could be a little bit this this could be this could be a more you know a better looking camel or whatever. So not easy so it's not like you know, two pounds of wheat has different Okay. And then a piece of furniture for instance, although nowadays with IKEA and stuff you figure everything is Miss Lee at everything is substitutable.

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But, but they use the give this as an example a piece of furniture. So those would be at me,

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can you give me at things that are not easily substitutable as a loan has a loan meaning what that this particular item will not be returned to you.

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So even if I said alone means that this particular item would be consumed and actually be returned to you. And since it is a loan, I have to limit loans to mithi yet

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substitutable items, because if I give you a piece of furniture as alone if I give you a capitalism alone, I can't get back the exact plate. Exactly. Makes perfect sense. Right. You know, and and it's it is strong. It's a strong argument, you know for the harpies. But the majority said Well, the problem is I'm here borrowed a camera and returned the better camel, camels are not going to flee their premium. Therefore, it is our position that premiums can be given as a loan things that can be easily valued. And then in this case, and we will come back and talk about you know, what is it that you will have to pay off at the time of payment, in this case, what will be what would you owe,

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what will you be or when is worth the value of that item?

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Not the length of that item? The value of that item? The value of that item is what you will owe? Okay.

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So this is basically a hadith that is used often by the majority to support their position that you do not only have the right to

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loan nifty tangibles, but non fungible as well.

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Can you give a use of frocked as a loan, use a practice what mfah can you give Can you loan him and

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he used a frog

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what do I mean by this? Okay, Kevin, if you let me live in your in your home for a week, I'll let you live in my home for a week if you come with me for the harvest

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if you come if you come with me for the harvest For three days to help me out with the harvest of my crops for three days, I will return that to you have the time of the harvest of your crops

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service

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you know man for the benefit

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but not only service but it is a benefit use it for you know because it could be the use of my home my equipment, my you know car, etc, etc. Can we do this

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okay. So, the ham van is said what?

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This is mainly 100 Betty course, but we mentioned the other images I have

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also for like a comparative flavor. So the ham bellies and the canopies, said what?

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No, you cannot.

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not easily measurable,

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not easily measurable. You can come help me like, you know, you get

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the you know, your home could be like a $1 million home my home, you're here it could be a lot more helpful harvest, but not easily measurable.

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very satisfied. Thank you very much. That is why even if they may out of the 100 he sided with the Maliki's and Chinese who said yes, you can

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come anytime as if they are satisfied, but that was his argument that contracts in general are based on mutual acceptance of that are that satisfied, then that should be fine. And that is the madikwe and the Shafi position. Yes, you can lend us the frog mantra.

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Is that clear? But the Hanafi said hanafy somebody said no, because it's not measurable.

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So the HANA fees will be basically the most strict in terms of what is it that he could give as a loan? What is it that you could give as a loan? You will find that deputy mayor is the most liberal in terms of what is it that you can give us a lot because he sided with Americans and Chinese here

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in terms of the use of drugs

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and he sided with him baddies

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because there is also a little bit of a wrinkle in the argument on you know, the side of the jury the medic is in chapter eight and that is

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the Center for HANA fees. No we disagree with you. You could give him yet you could give non fungible you could give you know things that are easily valued even though they are not easily substitutable. Easily valued but not easily. substitutable The Maliki's and sapphires said on condition

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They can be treated that they can be

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that they are sellable. Remember that terminology that we use last time sellable. You could actually trade them in a solemn contract in an advanced VAT payment contract, it could be the subject matter of an advance payment contract and sell them will be means one

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easily describable young who suffer, which can be easily described.

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The Hanbury said anything that you can sell in a proper sales contract, or in sale, proper, regular sale contract, immediate delivery of both items, anything that you could sell, you could load, anything that you could sell, you could load

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have a stronger position in the company matter, even though there is disagreement in the company, I came to verify that this is the stronger position of the company, that any thing that you know that the other reports in the company must have is that it has to be solvable. Just like the mannequins and Sharpies that you could only loan items that can be

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easily described accurately, precisely describe, precisely described, but the stronger position in the mouth and the one that was chosen by booty in Hamilton era that is that

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anything that you could sell? You could love.

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Right? So anything you could sell, you could loan that is according to the hunt buddies, according to the mannequins and chapra is the habit to this loan in usufruct. He can help me out on my harvest, I can help you out on your harvest console. Let me use your home for a couple of days left you is

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excetera car, car.

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And then.

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So that's basically all the particulars.

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That's just what we want to cover here. That's pertinent to this, then the chief said we're gonna

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do mystery giussani, the higher admin who was 30 that required the Joomla is an American Bishop, whoever birth something should return it's like it is permissible, however, to return what is better than it borrow in installments also, or to borrow installments and pay back all at once. This is permissible as long as it was not stipulated as a condition in the contract, this is permissible. So he said it when you borrow something you return the exact like the myth. But what if you borrow the thing that is key me not miss lee that is easily valued, but not substitutable? What do you return?

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If this was something that fluctuates so much in the market to like, do I have like jewelry for instance, their price fluctuates in the market, you return the value

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on the day of what

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payment not on the day of borrowing on the day of payment.

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If it is something that does not fluctuate a lot, you return the value on the day of borrowing. So this is called the Omega club. And this is your called the Omega.

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Okay, they have the payment of the day of borrowing. So what is here on the day of payment, things that fluctuate

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so much, what is here on the day that you would owe the value of the item on the day of borrowing, not payment, all others hold other things that don't fluctuate so much wheat barley is that you know things that do not fluctuate so much in the market. That is what you will Oh, he would owe the value of the item on the day of borrowing.

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And then the chief said that it is permissible to return what is better has the prophet SAW solid returns what's better, given that there is no condition

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and he said

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any activity that requires the Joomla is a miracle

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and to borrow in installments and pay back all at once. He said as long as it is not stipulated but honestly speaking in the Ambani method, that second

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One even if it is stipulated It is okay

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Meaning what? I will tell you that I will give you $1,000 every month for six months, and then you will pay me $6,000

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haftar at the end of the year if I stipulate this How am I entitled to stipulating this?

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Yes, I am,

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I am going to pay you say $1,000 every month for six months,

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you have to return to me at the end of the year $6,000

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What's wrong with this

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picture be fine.

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You owe me $6,000

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and I can ask that he you know, instead of paying me back in installments, no, I want all my $6,000 one shot at the end of the year you already owe me $1,000 So, anyway that is even if it is stipulated in the contract, that would still be permissible.

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Then the sheikh said we're in agenda with me if the lender defers the due date that that is not in fact a deferred that that is not in fact deferred. If the lender deferred the due date

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that that is not in fact deferred. What does that mean?

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So I come and borrow money from you. And you tell me I want my money back by Muharram first

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horm haram third

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and that is moharram third let's say 1441

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and then in the tida for instance

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I 14 for the I tell you you know what he'll borrowed money from me

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in suffer

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1440 he borrowed money from me suffer for the for the I told you I want you to pay me back in 34 on Muharram search 1441 Well, I actually need the money come on, put money back

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hold it

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in titles are not in title.

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Keep in mind, here's a difference. This is not just money that I owe this is money that I borrowed from you. So this was not money in exchange for a commodity This is not a deferred payment transaction. This is a loan

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the HANA honeyberries say that I am entitled I can tell you give me all the money back and not give you you know I'm not here and that grace period I can take it back. It's my money. I give it to you as a loan. This was a benefit transaction. This is not ACMA Arkansas, this is a benevolent nonprofit transaction not a for profit transaction therefore I'm

00:33:23--> 00:33:30

not I'm actually living to be which means that good doors or what have you no no blame against them.

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Who said that?

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Who said that? We said that this is the the the the the proper handle on any position in addition to the hand ban is the HANA fees and the medic is they agreed with

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all of them. That is the majority they said yes I am entitled if even if I give you the the the deferment I can take it back you know that it will always be binding on you immediately to give me my money back because it is a low well, ma'am

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I'm sorry. I'm sorry. This is the shafa easier.

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sapphires. Okay, so the family can remember life and the choice of many of the hand bodies.

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They said no, I don't even we don't think that he's entitled to take it back. Because Allah subhanaw taala said yeah, Latina man with a van Tomita in in in Agile in masama. Factor Boo. Boo believe when you give a loan for a designated period or duration, write it down. So a lots of either as a Muslim to a designated term to a designated term factorable then write it down. And if it designated term does not mean anything

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And you could just take it back and you know, at any time, well, that

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hurts the essence of giving loans. Because I want, you know, I asked you for the money

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because I need I needed, you know, for a couple of months, because I'm going through some hardship and I need this money for a couple months, I will not be able to pay it back in two weeks.

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I projected I'll be able to pay it back in two months. So if you come back the next day and tell me Well, I give you a loan yesterday, I want my money back that could cause me hardship. And I'll be breaking your promise. Therefore, the Maliki's family member life and the later the choice of money they may have

00:35:45--> 00:35:50

said no, you're not entitled to taking it back. You must honor your promise.

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Then the chick said well I do sorry to say any interfere or be more correct in any a storyteller and then how Kavita, it is not permissible to make a stipulation to give advantage to the lender. An exception to this permissible exception to this is when a security or a guarantor of appearance Kafeel is stipulated for the assurance of the lender

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for the assurance of the lender as an addition for me within between brackets

00:36:23--> 00:36:24

okay

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so and very happy and I'm a lotta in is a cylinder Cobra reported from three Sahaba

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three Sahaba obey

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the law Kevin is

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well Abdullah heaven episode.

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That day prohibited any loan that results in any benefit for the lender. They made out of this. Actually it is a week had is that so they use the statement of the week these is called low carb then honey, this is one very good legal Maxim codification that you want to remember, called low carb, then jarana fanfare wherever

00:37:26--> 00:38:06

call card, every loan jarana fan that brought about have benefit. And the benefit here would be for the lender for whoever then it is a form of Riba form of usury. This is called the legal Maxim cada Pena, even though the hubbies, that has this very statement is a weak Hadith. And that is something that you want to remember the fact that the Hadith is weak does not mean you just dismiss it, the manner the meaning the implication could be agreed upon, could be a matter of consensus. Remember, in taharah, when we said that the Hadith of the Prophet sallallahu Sallam

00:38:08--> 00:38:13

said, you know, the addition to the Hadith of the Prophet of Solomon, and Mata who loaned it to say, a llama

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to water is pure, nothing would render them pure, except what changes the color the order or the taste of it.

00:38:23--> 00:39:00

And we said that except what changes the color of the day, so the order is a weak addition to the Hadith. It's not traceable to the Prophet ism. But we said it's a matter of consensus. So the fact that it is a weak edition or a weak Hadith does not mean that it has to be dismissed, that that week edition could be a matter of consensus. And here this entire Hobbes, statement of the prophecy is agreed upon by consensus, agreed upon by consensus. But then there are certain exceptions, these exceptions are not actually exceptions. But just to

00:39:02--> 00:39:27

point out that the nefra here for the lender does not is not the Nephi that is merely to secure the low secure payment. The lender can ask for run, which is security deposit, security deposit, in which a security deposit

00:39:29--> 00:39:52

the professor salon not leaving, she lived with a Jewish man when he borrowed the Yes, security deposit you could leave the lender can ask for because here all the lender is asking for, is this a guarantee of payment? Is he entitled to payment? Yes. Is this number that he's not entitled to a benefit that he's not? No it's a benefit that he's entitled to.

00:39:53--> 00:39:59

Okay. He could also ask for a guarantor of appearance that is the difference in the harmony method between the caffeine and other

00:40:00--> 00:40:01

Because there is

00:40:02--> 00:40:29

it's controversial whether there's a difference or not. But I'm very mad that we have a difference between caffeine, which is a guarantor of appearance, and varman, which is a guarantor of payment, that that Kafeel basically simply guarantees that on the day of payment, this person who borrowed money from you, I am responsible to bring him to court to bring him to you on the day payment.

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If he does not show up, it's on me. I am, I am liable.

00:40:37--> 00:41:12

If he does not show up, but if he doesn't, if he does show up late, I'm not liable for the money that he borrowed. I am only responsible for him showing up or if he does not show up or if I fail to bring him to court or to bring them to you how they're responsible for the money, can the lender asked for caffeine? Yes, the lender can ask for a coffee to guarantee appearance of the borrower on the day of payment. Finally, she said when took blue

00:41:20--> 00:42:05

one of the benefits also that I wanted to mention, the righteous predecessors used to be very particular about the setup side on one line very particular about no benefit whatsoever for the lender except to the pleasure of Allah subhanaw taala This is a benevolent transaction, once you make it a like otherwise, then it is all ruined, and we are getting into trouble and ribbon and so on. What if there is a mutual agreement likely if there is a mutual agreement to pay in a different place mutual agreement, then it does not cause harm and it does not cause extra cost to the borrower. You know, we you know, I borrow money from your ear and I pay it off somewhere else in a

00:42:05--> 00:42:53

different country or a different state or a different city. And if that doesn't cause any issues, troubles and any no extra cost, that's fine, because it's a mutual benefit. One of the benefits that are particularly mentioned by the prophet sallallahu Sallam and this is another Hadith that is a very crucial hobbies in the financial transactions. So I want you to remember this Heidi's very crucial and the financial transactions in general this is a hadith that is reported by Timothy and I will resign from his father from the grandfather, which is a controversial chain but everything except for one segment is not controversial. The prophet SAW said I'm sending this hadith Helloooo

00:42:54--> 00:42:55

Salah phone or via

00:42:59--> 00:43:01

wireless or Pani Fie bye

00:43:08--> 00:43:09

Walla

00:43:17--> 00:43:19

Walla, biomedizinische

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it has like a lot of

00:43:29--> 00:43:30

you know,

00:43:31--> 00:44:02

sort of or legal consequences. The problem is on Southern satellite Hello, it's not permissible setup on eBay, alone NSA to combine a loan with a sale, because in this case, I you know, if I if I tell you, you know, I'll give you a loan, but then at the same time we agree on saved then you are in this particular sales transaction, the sort of work now the lower hand

00:44:03--> 00:44:48

so I can make you know, I've used that has had a lender and make you pay more for the product or make you give me the product as at a cheaper price. And so that is that would be a benefit that you as a lender would accrue from combining those two transactions the profit side, these two transactions must not be combined and this is a matter of agreement. The prophet SAW Selim said and let's take number three What are malami admin nor a prophet, a prophet of of something that was not that you are not liable for? That did not become an error the man that has the you know, the

00:44:49--> 00:45:00

courage to demand. Remember this harness and the legal maximum collides with demand, which means profit hinges on liability property

00:45:00--> 00:45:09

liability go hand in hand so you cannot make profit of something that you that you're you are not liable for responsible for

00:45:10--> 00:45:17

and then the last one What are they are mandates are in Dec nor setting that which you do not possess.

00:45:18--> 00:45:30

Yeah, yeah I'm coming back I meant to skip that because that's the controversial whatever format I signed that oh no resetting that which you do not possess. And remember

00:45:31--> 00:46:16

when we talked about setup last time setup mobile transactions advanced payment transactions we say that you will be selling something that you do not possess and we said the difference between this and setup is that in selling it is not a particular item, rather a generic item that is deliverable, likely deliverable in that location and the time that we agreed on that it will be delivered generic items not a particular item generic. Okay. So all of this is agreed upon between the skabe between the fuqaha. This is where we have in an issue. What are some funny feedback in order to conditions in a buyer, you know, the monogram that they write on your shirt, if you ask them if make this a

00:46:16--> 00:46:20

condition to like, do the monogram and

00:46:22--> 00:46:23

tighten the color

00:46:24--> 00:46:30

that is to conditions in the sale that would not be permissible according to the majority.

00:46:31--> 00:46:35

If I will buy the shirt on condition that you will

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

write a monogram on

00:46:40--> 00:46:49

the shirt, the sleeve and tighten the color. These are two different conditions that will make you insane basically

00:46:51--> 00:46:54

invalid according to the majority accord.

00:46:59--> 00:47:03

But my man said it's okay if you want

00:47:10--> 00:47:15

because these are two different conditions that you're making they're two different shuttle

00:47:17--> 00:47:26

you die. Like they give the examples of shortening the garment and dying the garment by and shorten the garment. No, you could only ask for one

00:47:28--> 00:47:54

we're talking about a particular item here. We're not talking about hi want to buy from you a red car red car that has this this is a these are the specs, but there is an item here that we agreed on selling that's what the full current say an item here that we agreed on setting I cannot ask for two different conditions

00:47:56--> 00:48:10

you know, I cannot make the sale contingent upon two different conditions because that would confound the transaction that will cause confusion. Because if I can ask for two conditions I can ask for 21 conditions

00:48:11--> 00:48:13

here Do I know But

00:48:15--> 00:48:57

the idea here is that when we agree on the sale of this particular commodity or this particular product and then it will add to the possibility of conflict and contention because you will say so I want you to deliver it on such and such day I want it to be I want you to shorten it I want you to our and then all adding conditions will basically have possibility probably to the probability of contention and disagreement over the condition and then the sale on this particular product will be sort of contingent upon a live conditions to be fulfilled anyway. So

00:49:00--> 00:49:02

take it with me as physician just getting as over with

00:49:04--> 00:49:52

he's me, you know, it's fine. He said that it is okay. He said Why did he say that? It is okay because first of all this how these armored drive on IV under these controversial even if we accepted it is not the highest level of authenticity, it would be it would be only reliable and not necessarily sound for authentic. This particular segment of the all other segments of the studies have been corroborated by other statements of the Prophet sallallahu. All other segments of their Hadees one has been corroborated by other statements of the Prophet. Three has been corroborated for has been corroborated. This has not been corroborated. In addition to this. This particular segment

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

is controversial whether it means email or hanifa.

00:49:56--> 00:49:59

Ouattara said it does not mean two conditions.

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

Even though he does not allow two conditions in the same, because otherwise if even behind he follows the conditions of the said we would have not needed that condition, the position of environment they made, because you haven't seen me is not one of the founders and

00:50:15--> 00:50:28

if we find you know that concession according to one of the founders of the former that have been one method, then we will take it from there, if we do not find that there then we will look for the position of him which that mm

00:50:29--> 00:50:40

hmm that is supported by the evidence and has been mainstreamed by you know, ministry and sort of collective acceptance etc, these conditions that we talked about before,

00:50:41--> 00:51:33

but the you know, honey, in interpreting that segment in particular is such a fancy Bay as to say $1,000 now and $2,000 have been paid and give it to you for $1,000. Now, if you pay now, and $2,000 if you pay and suffer, this is so funny man, he basically interpreted this to mean by attend PBR two sales in one, two sales, two different you know, agreements, that are that we did that we did not agree on one of them that basically, you know, we depart we part how wait for each other without taking one form of versus the other one agreement versus the other. So that was the explanation. So anyway, but the point and the hobbies aside from the hobbyist, the point of reference here is this

00:51:33--> 00:51:34

one lie ahead, loosen up and

00:51:36--> 00:51:48

it is not permissible to combine loan hand same in the same agreement. It's not permissible to combine loans in the same agreement. The final thing that she said well I talked about earlier to Macari

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

we have problem card.

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

The lender may not accept a gift from the debtor, unless it had been their habit to exchange gifts before the loan. You see the amount of strictness the amount

00:52:03--> 00:52:05

is just like scrupulous

00:52:07--> 00:52:32

piety when the the setup exercise, and with regard to this, these are the slides much suara you know, they they're, they're saying that this is not allowable. This is not allowed to take a gift as a lender from the one that you loaned the money to, unless this used to be your habit. You borrowed money from your sister.

00:52:33--> 00:53:16

And it is the day of read. You've always bought your sister's gifts on the day of read. Should you not buy her a gift to this year because you have borrowed money from her, they'll tell you no, you could go ahead and give your sister a gift, even though you have borrowed money, because it had been your established habit before. But if you borrow money from someone that you have not been in the habit of exchanging gifts with before is that you should not give them any gifts until you pay them back. And they should not accept any gifts from you until you have paid them back. And that would be the end of this chapter.

00:53:19--> 00:53:22

Next time we'll talk about the chapter of

00:53:24--> 00:53:35

that's called electromechanical events. They're critical to what I some announcements. We will get five minutes to people for people who want to leave