Hatem al-Haj – Fiqh of Transactions #11 – Rulings on Debts

Hatem al-Haj
AI: Summary © The speakers discuss various legal topics related to debt collection, bankruptcy, and litigation. They emphasize the need for deferred payments and legal protection for individuals, as well as the importance of guarantee for liability and risk of failure to pay. They also discuss the legal consequence of bankruptcy and the risk of liability being claimed if a payment is missed. The speakers stress the importance of avoiding creditors and avoiding creditors being around in court, as it is a risk of failure to pay and loss of money. They also discuss the possibility of a settlement if the debtor is still alive and has a property, as well as the importance of keeping expenses from the debtor until the settlement is over.
AI: Transcript ©
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Some I'm about to proceed.

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Today inshallah we will cover the rulings on that or camera day in

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that didn't we just

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cover the rulings on that last time when we just talked about that last time

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we're talking about what

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to do, which means loans, which is one, basically source of liability or that one source of liability or that that's important to understand that debt or liability does not only result from loans that are liability, it just means that you owe somebody money. It does not have to be always a result of borrowing money from them. You could have purchased the product from them with a deferred payment. You still owe them money. You could have hurt them inflicted a wound on them or something they owe them. The indemnity for the

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could have married someone and not pay the dowry or the Saba completely older money.

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So it's not only low

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remember Kodama Allah tala

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died in the year 620 after his in his book calahonda which is a Hanbury manual for summary

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what else

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mapnik anyway, so how many makna summary manual

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abridge Tex

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said in that chapter on the rulings of that

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mallozzi Medina Mahajan

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manga the manga Dynamo Jen Lemieux tada be utterly

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jolly human agilely What am your * that the fella say?

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What are the motor

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ways I was a sucker who was running out caffeine okay man as a man with a one who's liable for that that is deferred with a deferred due date one who's liable for a debt with a defer the due date and that was a deferred to do de la Mutola be a couple utterly is not required to pay it off before it's due date is not required to pay it off before it's due date while

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he is not to be interdicted hazardous interdiction is legal seizure of someone's property.

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Basically to use it to pay off his the interdicted horn not necessarily interdiction could also mean hardrada

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harder to argue Welcome back to

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is not to be interdicted

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Oh someone's nice Hong Kong.

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So is not to be interdicted for the sake of the depth and he said what a headlight fallacy but that does not become do if the debtor is declared bankrupt, what are the mot nor will it be do if he or she dies? Is our sakoda berahino Kafeel as long as the errors guaranteed it with a security around or Effie a guarantor of appearance, a guarantor of appearance. So the first thing that he said, If I, if I owe you money, if I owe you money, and the due date for payment is in three or four months.

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You cannot ask me to pay you off today. Let me tell you collectively, you know is not required to pay it before the due date.

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In the previous chapter, we said something opposite of this. Okay, good.

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You guys are no that's great. You guys are awake.

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The previous The last time we said that, anytime you ask for your money, you're entitled to

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Your Money according to the three imams

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mm hmm

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Can we start by Mr. Smith because this is a family class but chronologically, we are certainly starting by mobile hanifa mm medically men shopping and I remember when but

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but then it is the the position in the month. And this is also the position of Imam Abu hanifa and stuff like that. Immediately you could ask for your money anytime.

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Imam Malik and he lays hands the choice of epidemiology Mala.

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They said what said no, you know, the nominal data intimidating, allegedly massaman factorable. Believe when you

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like give a loan or borrow money to a certain with a designated due date, or write it down with a designated due date. law said with a designated to you they promise they said it's a promise. They said he's entitled to because it's an it's a non benevolent contract. He's doing this out of the kindness of his heart, he's not bound by anything.

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It is his money he taken claim it back whenever he wants. And we went over this. Okay. So this time he's talking about liability if you owe someone money, and there is it's a debt with a different due date. You're not required to pay it off before the due date. That is correct.

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You want to say except if that debt resulted from a loan, except if that that resulted from a loan, in this case.

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Yeah, just add this in the footnote, I did that. And it's in the footnote, except if the debt results from a loan, in this case, the Jim hood will say that you could be required to pay it off any time.

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If you come and tell me,

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I want to borrow money from you. Until you know, July, you know, I'm expecting money on July 5. And I want to you know,

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I can still, according to the majority, come in February and tell you, I want my money back. You know, I borrowed money from me, I want my money back. And then if I tell you but two, I told you I'm expecting money in July. Can I borrow the money from you until July? You could say, Yeah, but you know, I changed my mind. I want my money back that you wouldn't say you're entitled, because it's your money. And because more importantly, what?

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Because this was a Hey, what half the tobacco a benevolent transaction? You know, it's a non for profit transaction, nonprofit transaction. And in this case, you know, you cannot hold me to that term that we agreed on because it's dying, you know, but if I purchase a refrigerator from you, and tell you that I'll pay you in July, you cannot come and tell me you cannot come in June in June or March and say, You know what, you owe me money. No, I owe you money in July

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you know, where I owe you money with a due date in July.

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So, is that clear?

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Okay, good. Then except for debts. debts are always the you know, according to the majority according to the Hanafi shefa is an honeyberries that can always be claimed by the creditor.

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The lender

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loans I'm sorry not that loans can always be claimed by the lender.

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The second thing he said was generally human activity. He is not be interdicted. no legal seizure will be forced on his property.

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For the sake of the for the sake of pain that that because we said that is deferred.

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After the due date comes and after the failed to pay off, and after the hacking, sort of who gives them warnings to pay off their debt, then eventually interdiction will be in order.

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Then the sheikh said, Well, I'm your headline, a fallacy. Well, I've mot, that that does not become due if the debtor is declared bankrupt.

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Let me handle up the fallacy that that does not become due when the debtor becomes bankrupt or is declared bankrupt.

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So if the debtor is declared bankrupt,

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you know, and they the the court would announce that this person is bankrupt. Therefore, if you did with this person during that period when he's bankrupt, don't think, don't think after he was announced bankrupt, don't think that you will come and claim your money, or your dues

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from the property that will be seized.

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For for the benefit of the creditors, that we're dealing with him before that declaration is made, hold the creditors that we're dealing with this man, before the declaration of fairness or bankruptcy, can claim you know, their rights, their property, their money, from the wealth, that will be under legal seizure by the court, that means wells that will be under put under legal seizure creditors before the declaration of bankruptcy will come and ask for if

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if you

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transact, if you make business with this person, after the declaration of bankruptcy, you are not entitled until the interdiction is removed. And then you could go after the person because the money or your rights are not binding in the property of that person. Because you did it yourself. We declared him bankrupt. You made business with him. It is your fault. You pay for you, we'll have to wait until we remove the Hydra, the interdiction the legal seizure on his property. And then keep in mind because this is an important thing and important differences between Islam and you know, some of the mother in laws or Islamic laws, some of them other laws

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is that when someone is indebted in Islam, that debt will be binding on his them

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basically, is hard. It's very hard translate.

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No, no.

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The person is

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Executives know

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that meaning eventually that that once you're in debt is you're always liable. It's stuck to them to your shirt of liability. Is the religious and moral liability sort of Yeah, religious and moral liability.

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But it can never be translated by the Yeah. But anyway.

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So it is your you're always liable. It's always in your them

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because there is a difference between your property and your them. Your them is not interdicted. Your liability is not interdicted it is your property. So whatever is basically whatever accrues to your Zim

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becomes binding on you to pay off later after the legal seizure is removed.

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Anyway, so the creditors would all be entitled to the money that has been seized by the court.

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Except the people that made business with the person after the declaration of bankruptcy, and except to the creditors, the creditors to whom he owes or she owes money, with a deferred the due date the for

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So, you know, if someone came, you know, we put the we declared that person bankrupt in February

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and put a legal seizure on his property and his wealth in March

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sold them a car in December of the previous year

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with a due date for payment in July

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we put a legal seizure on the property of this person

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and we will distribute the property of this person between the creditors this fellow is not going to get anything for now, for now, he's not going to get anything Why because is that does not become the you is his money or right does not become due to be paid except in July. So, let me a * of a fallacy that does not become due if the debtor is declared bankrupt, what are the Mountie nor will it be do if he or she dies

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give him

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that the inheritors The Heirs guarantee it, he was the Punahou the guarantee that that with a security or a caffeine otherwise it becomes due

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okay. So, if someone you know, if there if someone dies in February

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and he owes money to somebody, but it is due in July

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due in July,

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the money does not become the the due date does not move from July to February, according to the stronger position in the Muslim according to a different narration in the method the money does become due upon this, that makes all liabilities due immediately. Because the because the the creditor, you know the guy, you know, he owes me money he died, you know, I should take it now from the estate. But you know, before it gets divided, and you have to worry about running after the the IRS or stuff like this. And you know, and in all honesty, I just like the other position, the weaker position and a little bit more. Because when the death becomes when the person dies, the creditor

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should be entitled to getting their money. And instead of you know, dividing the estate and then the debtor going after the errors like six months later to figure out who's going to pay him anyway.

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So but but ever the inheritors refuse to guarantee the money. You know, the money that we'll be doing is a lie. If the inheritors refuse to guarantee the money

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for the creditor with security or caffeine which is a guarantor of appearance, the money becomes a deal immediately.

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You have to pay pay immediately. So you have to get a guarantee like you know the inheritors will have to

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find the caffeine caffeine would be what guarantor of appearance, someone who would guarantee for the creditor that these people who owe the money will show to court when the money becomes due, they will not disappear they will not vanish hi would bring them to court. You know, I will be responsible for their showing up on the day

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on the due date. If they don't show up. I'm responsible for the money. I would pay though, but they show up I am not responsible for the money that is different from the barman

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in the embedding method in particular, who is a guarantor of payment, not simply a guarantor of appearance, a guarantor of payment. If the person shows up and he's unable to pay that fee, it is off the hook the dominoes

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Not the barman guarantees that one of us will pay you off. If the original debtor will not pay you off, pi will pay you off. That can feel guarantees for the creditor. Only one thing that debtor will show up on the due date, I will bring them to court if you desire, he'll show up he will not vanish, not disappear. If he disappeared or she disappeared, I was unable to bring them

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to you.

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I will pay while they're responsible for the pain. So the inheritors in this case would have to say to the debtor,

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to the creditor, your money is due in July, we will give you Ronnie we will give you security that also gives some room honestly this opinion also is not without validation. That gives some room for the inheritors. Let's say they wanted they did not want to divide the state now, they did not want to sell off the property now. They wanted to wait around he owes you know he owed the deceased hold the creditor $20,000 $200,000 they do not want to sell their stuff right now for any reason. They can tell him we will give you security to keep with you until the due date of July, harm July in July. We will give you all your money back. Or at least you'll have the security basically to recoup

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your investment.

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Is that clear.

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cosigner depends on what is meant by the CO signing is this co signing. So

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well the cosigner nowadays, particularly within our context, I think he is alone and not just like a fee. So he guarantees a guarantor of payment, not just the guarantor of appearance, the guarantor of payment. I don't think that there is you know, in our

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at least here in America, I don't think that there is such a thing like guarantor of appearance, right.

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They'll guarantee the appearance.

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Otherwise, what happens? They go to jail.

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Yeah, anyways.

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But that's what it means anyway.

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And then the sheikh said we're in our other suffer Ania Hello, Dino kubla who have a problem with that he has water Warren Farrell de mano who Illa and he was sick or who bizarrely when our other suffering. Yeah, hello day, no problem with dirty water Juan de mano Hill and he was sick or who bizarrely, if the debtor embarks on a journey that will last past the due date or volunteers for a military expedition. His creditor has the right to stop him or him or her

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unless the debtor guarantees the payment with that, which is the security around Orca feed guarantor of appearance. Now I owe you money.

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It's due in July.

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Due in July, and in January.

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He wants to he wants to travel.

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He wants to travel and you're either coming back in April

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or you're coming back in August.

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you're traveling you're either coming back in April, or you're coming back in August, but the money will become the due date is July.

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The chef makes a distinction here between whether you're coming back in April are coming back in August. The CF says if you're coming back in August, there is no problem.

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You know August there is no problem. I'm sorry.

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You're here coming back before here, if you're coming back in April, there is no problem.

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If you're coming back in August, and the money will be due in July, in this case, you have to give me

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security or guarantor of appearance.

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Otherwise, I can prevent you from proceeding.

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That is the weaker position in the Hawaii method, by the way, in the stronger position in the handling method, they don't make a distinction between April or August. He just don't travel.

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He has the right.

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or don't show up.

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They don't prevent you from traveling nowadays, then that's fine. It is just that

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is fine.

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No, the

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the idea here is like, like it is also all it's also a reality check for many of us the social justice warrior,

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things which, you know, to fight for social justice is a good thing, by the way, I'm just I'm not condemning social justice warriors about the same that many of them exaggerate and are a little bit too much, and they don't have very any reality check.

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But the laws, you know, like when when when you're always sort of like condemning capitalism and condemning.

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Really, like much of the stuff that you can them as pretty reasonable, if not compassionate,

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much of the laws that you're just like making them look so sinister, and evil, they're, they're either reasonable or even compassionate.

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Anyone has a different story.

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the point here

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is what is that?

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About Me, but can he prevent them from proceeding on the heart after they put their arm on, you know, the end of the month have no but they've been female. Allah said, if they really have that really is

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there is risk for their money, then they have the right to,

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to demand security or guarantor of appearance or something to guarantee their money.

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Then the SEC said,

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well, you can have more sitting in the row.

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In the case of insolvency, the time of payment, the debtor is granted a respite. And that's,

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that is even in our mother in laws in this country, the you know, people are given respite, right. And then even the legal seizure and bankruptcy laws,

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they don't come after you, because it is the the your liability, you're not going to be liable after you're declared completely bankrupt.

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There will be no pending liabilities after you acquire money.

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In fact,

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if you're in that you're always in debt unless you are forgiven by the creditor. And if the creditor forgives you, forgive you. Certainly the creditor will not they will not sell you basically.

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So the professor sometimes said one time to creditors, whoa, Malaga to Malaysia, Camilla Valley, take whatever you find, and you're not entitled to anything beyond this. So at that time, when someone had the aha, someone had, you know, like sort of

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can happen that have collected their fruits, and they lost their money. That Prophet sallallahu Sallam said to the creditors, take whatever you are entitled to. And you are not entitled to anything beyond that, because you're just not going to send the guy this. He has no more money. Yeah, in Islam after this point, if the guy comes back in the future and acquires

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Well, they can come back in and claim

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because it makes sense also, it makes sense also, and if the government wants to forgive or to pardon or to, you know, do whatever they want, that is compassionate and nice, and they should be thing. But for individuals, for individuals, you took money from me, you became bankrupt. He has, I'm not going to sell you now to get my money back. But when you acquire wealth in the future, yes, I'm entitled to my money, he still took money from me, he still owes me money, I'm entitled to my money.

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So, he could come back and claim the money in the future.

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Because also that there are loopholes in this bankruptcy chapter 11 chapter whatever seven Chapter This

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is you know, there are some people go in and out of bankruptcy on constant basis here. You know, there are some particularly business people who just in and out and in

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and that certainly is

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something that cannot be tolerated or should not be tolerated. Anyway.

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Then the sheikh said, When can I handle another more sitting water but in thorough in the case of insolvency at the time of payment, the debtor is granted the recipe

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when it is wholly fair. Well, Holly has a veto in Anuradha Fela homeroom couple of Alec fellow kobelco, who are filioque metacoda, who led the year.

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If the debtor alleges insolvency, he or she is to make an oath and be released unless it is known beforehand that the debtor was has wealth, in which case the claim will not be accepted without evidence. Okay? If I have no money, if I move here, I'm not going to be put in jail, because I'm asked if there is possibility that I have money, probability, or propensity that I have money, I'll be put in jail until I come up with money. That's an insane idea. But if I have no money, and can prove it, or there is no precedent, there is no previous proof that I had money before. You know, I'm just like, very regular guy, I have no money, no one can prove that I have money at one point.

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In this case, all I need to do is take an oath and say, Well, I have no money, and you will be released.

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You will be released. What does that mean?

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It means that you will not be put in jail, it does not mean that the debt will be dropped.

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You're still in debt. Once money is some money shows up, you know, like some wealth of yours shows up.

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You won't be required to pay off your creditor.

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And the idea that we're the creditor itself, we always feel sort of some animosity towards creditors. The creditor could be a good guy who will give you a loan, you know, it's not their fault that you're delinquent or that you're like this or that, you know that they are entitled to their money. The word creditor is not like an like it's not like a dirty word.

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But nowadays, when people think of creditor they think of the evil guy is a creditor of Bank of America

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are Chase.

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So so if you claim to have to be insolvent, you have no money in solvent, no money, and then you take an oath and you you will go home, you're still be required to pay off the debt when you have the money.

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Someone knew before that you had money, you have a property, you had livestock, you had some money you have someone can prove that you have like a bank account and so on. In this case, you can't just take an oath you will have to give a beginner that you lost your money.

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BNN prove that you lost the money, not a simple oath. Then the chief said we're in kanimozhi Aaron lezama who inhabit hobbies a hot day you will fail. If the debtor is solvent they have to make to make the do payment. But if they refuse they are to be jailed until full payment.

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After that, because the rationale behind this and the first one to put someone in jail because of this was short.

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So it's not the Prophet it's not a companions, even Shara. That's why, you know, the Sharia evolves and develops except for the most sort of

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but sure I was the first people to put people to put someone in jail because they couldn't pay off their debt and acceptance by the community is fine, you know, and that became part of our Chania.

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And the rationale in this case was a solvent credit a debtor would not prefer JM over paying off their creditor. So if you put them in jail and leave them there, it's you know, and Jade also during their times was not particularly that fancy, it's, you know,

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hands cold and you get to sleep on the ground and stuff like this, they didn't really provide any sort of luxuries, no, no hot catered foods.

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So he at one point, you will feel a little bit too uncomfortable to keep procrastinating or to keep being delinquent. And you will pay off your your your creditor, your lender, etc.

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Okay, so we get to put on the i and j. And that by the way does not mean that you're particularly like evil or something.

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People recognize that you could be put in jail but just because you're more sick. You know, who is the most famous one to be put in jail because of this

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mysterious Mohammed ethnicity and he actually was put in jail, Mohammed amin was basically the equal of hustle and bustle. If someone does not know Muhammad misery was the equal of hustle and bustle he was one of our greatest stallion

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and he was put in jail because he was overwhelmed by that. So he bought oil for 40,000 dirhams. And found the found and there are some other accounts but you know, this is the most famous account they found the mouse in one of the barrels and he feared that the remains of the mouse the mouse was not just thrown in that barrel to the mouse was to begin with in the squeezer Masada.

00:37:40 --> 00:38:16

Anyway, in the machine that made the oil squeeze in into oil, he feared that the mouse was in the machine and that all the oil all the barrels have some pre mains or have become empty or so he basically got rid discarded all of the burials. And he fell into severe the, because of this, he is counting on selling the oil and making some profit. You're having to severe that. And then he went to jail.

00:38:17 --> 00:38:27

You know, and so the guards, the guards would say to him every night, why don't you go to your family and come back in the morning before anyone wakes up?

00:38:30 --> 00:38:41

And then he would refuse he said, Well, I hit a home so far, by ally will not commit treason to the Sultan, who was this whole time had debt?

00:38:45 --> 00:38:46

Or at least did well he

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

is he was unwell at

00:38:51 --> 00:38:53

the time, the governor at the time.

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

And then when Hannah 70 Malik died he asked for Ebony serien

00:39:01 --> 00:39:14

to come and watch him you know he part of the will see abundance of nomadic has never been seen as the one to watch him so that the children and a management medic has had so many children and grandchildren.

00:39:15 --> 00:39:28

So they went to the to the party. And they asked for permission for administering to just go and wash and symptomatic and then walk back into the into the prison and event.

00:39:29 --> 00:39:57

So anyway, yes, the law is the law. And then everyone would want to you know, have fuzzy good feelings for and say, how do you how do you do that? You know, that's so bad. And how could you put someone like a nice guy like this in jail because he could not pay off his debt. That's the law. And because the law aims to protect, you know, the society

00:39:58 --> 00:39:59

in the law has to have

00:40:00 --> 00:40:06

have, you know, sharp standards that cannot be molded standards, you know,

00:40:07 --> 00:40:32

and some people will suffer. But ultimately, you're not making here we have finite choices. And we're not always when there is no utopia on Earth, no utopia on Earth, you're making hard choices. And many times the choices that you make are not particularly utopian in any way.

00:40:36 --> 00:40:47

Then the see and then the she accepts in Canada who they have up there in equally for Salah varoma who, when kennametal febe then equally for Salah hora

00:40:49 --> 00:40:50

de la semana de Botton

00:40:52 --> 00:41:47

if the debtors wealth is not enough to pay the debt for the end, his or her creditors have asked the judge to interdict him or her, the judge has to consent to their request. So interdiction has to be initiated by the creditors. They want a legal seizure to guarantee the payment the guarantee payment. They'll be paid. They want legal seizure on his or her property, the debtors property, they go to the court to go to court. They asked for illegal seizure Hydra interdiction, enter dictionary there are two different types of interdiction. There is interdiction they have in Madurai for the benefit of the interdicted. That is if the interdicted is young,

00:41:48 --> 00:41:49


00:41:51 --> 00:41:53

For foolish, Sophie

00:41:55 --> 00:42:26

young again saying are foolish, then you're doing the interdiction for their own benefit. And then there is interdiction for others that have died in production for the interests of others. That's the creditors. And that is for the monopolist, the bankrupt who is in that you do this interdiction legal seizure on their property, they cannot dispose of their property. Then the sheikh said were hacking cavada in

00:42:28 --> 00:42:41

the judge takes charge of paying the person's debts were the Menlo attitudes in a 10 min Rafi min rocky effect fell, Elon imagined he had a he cannot

00:42:43 --> 00:42:55

deny he starts by paying compensation for a crime committed by the debtor slave, he would pay to the victim the least have to either come either the compensation or the value of the perpetrator.

00:42:57 --> 00:43:11

And hamdulillah we don't have this anymore. So we can move to the second one, which is from albumin low fat cow in a amrhein mendini seminara. Honey, what was what was

00:43:12 --> 00:43:34

Rebecca done, then the judge would pay the creditor who has a security era, whichever is the least either the debt or the value of the security. As for the rest of the loan, the creditor will be treated like the rest of the creditors. So now we put the legal seizure on his property.

00:43:35 --> 00:43:46

And we will liquidate the property let's say that we will liquidate the property. And we have one you know, he owes the people

00:43:47 --> 00:44:48

he owes the people $200,000 and because it's late and we'll have to finish soon. I'm going to use easy numbers. He owes $200,000 to people and his his property everything that we collected is worth $100,000 is worth $100,000 it is not going to be like everybody gets 50% Why? Because some people are more entitled than others. First, the people who already have are on people who are smart. And that that's completely fair. People who are smart and asked for security. They get the first pass if you that better have given you a security than the car D will tell you give me the runner back Give me that property that he gave you back if he gave you like whatever, like a diamond drain.

00:44:49 --> 00:44:59

He said you know give me this Give me two tonnes of wheat or whatever, keep this as security and give you a diamond ring. then in this case

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


00:45:03 --> 00:45:06

Can we take 10 more minutes and just finish this?

00:45:07 --> 00:45:10

Is it okay for everybody? If someone has to leave, please do.

00:45:12 --> 00:45:17

So. So if someone left the secure if someone

00:45:18 --> 00:45:32

took security, then for those people, for those people, they will get to go first. And the party will take the security back from them. And then the party will do what?

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


00:45:35 --> 00:45:40

Yeah, we'll sell this and give them give them.

00:45:42 --> 00:45:50

Okay, let's say, one of the creditors, one of the creditors was entitled to $20,000.

00:45:51 --> 00:46:11

The security is worth $15,000 $15,000. For the security was worth $25,000. What if Darren or the security was $25,000? And they are entitled to 20? How much do they get? 20? Only?

00:46:13 --> 00:46:35

What if the security was 15? And they are entitled to 20? How much do they get 15 only the least of the two numbers, only 15. And then then they will be entitled to 5000. But the 5000 they would not take it before everybody else.

00:46:36 --> 00:47:40

Now, now that they are entitled to every 5000, we will see how much the percentage that everybody is getting afterwards that all the creditors, if all the creditors will end up walking away with 80% of their entitlement, this person will get his 15,000 15,000 because that was you know, for the the value of the security that he has, and will get 80% of the 5,080% of the 5000 makes perfect sense. Right? Easy, perfect sense. So eventually, they will end up let's say 80% of the 5000 is 4000. So the end of that was 4000 and the 15,000. They ended up taking 19,000 Have they not had that have not had the security they would have ended up with how much 80% of 2016.

00:47:42 --> 00:47:45

So it made perfect sense for them to ask for security.

00:47:47 --> 00:47:56

Then the seat said, so the first people that we will ask the creditor Does anyone have

00:47:57 --> 00:48:08

you know, give me that in the back and then okay. So then some human rights doesn't matter unless the position of the majority Maliki sapphires and cranberries from the minority.

00:48:09 --> 00:48:18

You know, the following paragraph is the position of the majority. So no matter whether the material will be any lemmya left Bob Whelan.

00:48:20 --> 00:48:27

He has itziar thermo pasila what a mere cosmin feminie. He's a fellow to the company NaVi solo sanlam and have the raw

00:48:29 --> 00:49:26

material behind me and the incentive Atlas for hakobyan. Very well your customers birkebeiner varoma, Kaduna him, when someone who sold something to the now bankrupt debtor, and never received payment finds with that debtor, his or her very same property, which he or she sold safe and sound, and it did not appreciate in a way inseparable from the original capital, and the creditor had not received any payment at all. It is the creditors right to take it the prophet SAW Selim said he says you probably have a Muslim family or IRA. If a creditor finds the exact property with a bankrupt or debtor, he or she has more right to it than anyone else. The remainder is to be divided.

00:49:27 --> 00:49:33

The remainder is to be divided among the creditors in proportion to their loans.

00:49:34 --> 00:49:41

Long story Okay, so I sold you a car I sold you a car

00:49:45 --> 00:49:48

that's not used the car because gonna be

00:49:54 --> 00:49:56

hi I sold you

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

a pizza

00:50:00 --> 00:50:02

furniture, couch,

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

dining table,

00:50:06 --> 00:50:06


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


00:50:11 --> 00:50:16

and then you it was a deferred payment, saying

00:50:17 --> 00:50:22

you did not pay any part of the price of the table.

00:50:23 --> 00:50:58

So I'm entitled to the entire price of the table, you became bankrupt, they put a legal seizure on your property, I go and I find the table among the seized property, I say to the judge, this is mine, hi will take time and title to it. When am I entitled to it? I'm entitled to it if the debtor is still alive, because the Prophet says Amen. That is, you know, reporting the Bible, the old fashioned method was 34, so to varoma and if the debtor dies, then

00:50:59 --> 00:51:13

then the creditor will be like everybody else like all the creditors, the debtor is still alive, the guy who bought the table from me, it did not become the, like the state that was passed on to his inheritors.

00:51:14 --> 00:52:00

That is one thing, the other thing is high find the table safe and sound, it's not with a broken leg or anything, because in this case, it would have had I will be entitled to my money, not just this table. So and also it did not appreciate in a way that cannot be separated from the original property or commodity, such as a cow that got much fatter. A fatter cow, if I find my cow, but it is now falar, then I can take it. Because I am entitled to the money that I paid not to the falar cow, I can take it.

00:52:06 --> 00:52:11

If it were if she was a little bit thinner, and I wanted to take it, I would be able to take it.

00:52:14 --> 00:52:52

But the table with a broken leg is different from a cow that's a little bit thinner, I would not take the table with a broken leg, I would be entitled to the money. So, I should not have paid off any part of the pay of the price that the debtor should be alive, not his heirs, this property is present safe and sound it did not appreciate in a way that cannot be separated from the original property, let us say appreciate it in a way that is separable.

00:52:54 --> 00:52:56

It gave birth to like some

00:52:57 --> 00:53:16

gold, I still can take my gold, this one. And there is controversy within the company matter of if I am entitled to this one. But the stronger position is that you're not entitled to this one, I'm just entitled to the original goal that I sold you. So is that clear? That's clear.

00:53:18 --> 00:53:46

So this is how we distribute everything. Just remember two things, people who have run they will go first. And then people who will find their own property safe and sound can take it and then the rest will be divided in proportion among the creditors. Is that it that's it then the chief said won't fall out and hopefully see you on the exam Oh whom, to whom and Maddie either and your custom how we observe

00:53:47 --> 00:53:55

the expenses of the bankruptcy debtor and his or her dependents are to be paid from the debtors money until distribution is over.

00:53:56 --> 00:54:47

And the distribution is over we will divide we will spend on the debtor this guy now that we have put a ligand seizure on his money, he still has to eat and his family will have to eat. So we will factor this in we will keep some money for their sustenance. Unless the guy is an employee and he gets like money on regular basis then that will be enough for him. But even if the money that he earns is not sufficient for him and his family, then we will keep some from this money that we see is for the sustenance of this person, because it is the you know this is the muffler. This is not someone who is evil or criminal. The mufflers, we're just trying to protect the rights of others. It

00:54:47 --> 00:54:52

is not like we're trying to punish the person we're trying to protect the rights of others.

00:54:53 --> 00:54:59

And then the chief said we're in much better how can I wish I had FERPA and yeah I live in America, Nevada and Idaho.

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

The bankruptcy debtor was found by the testimony of one witness to be entitled to some property and he or she refused to make an oath to acquire it his creditors and are not allowed to make an oath. Okay, so we put a legal seizure on his money. And someone came and testified that this is not just simply his property, he also owns something else, he owns that goal, he owns that cow. And I testify to that.

00:55:35 --> 00:55:39

And that cow is with, let us say, has an already

00:55:43 --> 00:56:24

if you have a witness that you are entitled to some property, and it is in the position of someone else, what do you need to get that property? Just your oath? Because, you know, that's according to the majority, not according to the Hanafi. Accordingly, you have to have to show two witnesses, you cannot one witness an oath is not sufficient, but according to the medical shopping buddies, it is sufficient Can Can they force him to take an oath to take that cabin family? Now they cannot force him to take the oath? Can they take the oath on his behalf? No, the creditors take the oath. And there we have, why are they interested in doing this?

00:56:25 --> 00:56:58

Because they want to add this to the money so that they could get more, you know, particularly if this is very valuable? Why would he be interested in not claiming the camel or the goat or because it will go under legal seizure, the minute it becomes recognized, this is also he fit, came and said, I am also entitled, he owes me money. And that debtor said yes, it is entitled, he owes me money.

00:56:59 --> 00:57:05

These statements will not be accepted, even with the admission of the debtor.

00:57:06 --> 00:57:10

You know, so you have two people here, and that is something that you could use in other guys.

00:57:11 --> 00:57:23

You have a crowd acknowledgement, and you have clean. So how could Harley say, you know, Muhammad owes me

00:57:24 --> 00:57:33

$2,000 Mohammed says, I owe it $3,000. The court says, No, we're not buying this.

00:57:35 --> 00:58:21

Yes. Because if ali ali can basically agree with Muhammad, you know, your money is under a seizure. Let me come in with the creditors, be another creditor and get some of the money under legal seizure, and then we can divide it among ourselves. So we're gonna give it to you or whatever, which weekend may make like the the court will not buy this. After the removal of the legal seizure, yes, it can say I owe he owes me and so on and so forth. But not during the legal seizure. The court will not buy this because the court will not accept sort of any tricks

00:58:24 --> 00:58:26

to get the debtor off the hook.

00:58:27 --> 00:58:52

They will accept this beginner. If already presented. Yes. If I already presented proof, beginner, not just the acknowledgement, the acknowledgement is the best ever, but here the acknowledgement will not be accepted. But if he presented a proof document this or that, then he will be entitled, very sorry for the delay a political universe of

00:58:53 --> 00:58:54


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