Fiqh of Transactions #13 – Mortgaging and Security Deposits

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Hatem al-Haj

Channel: Hatem al-Haj

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Not

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allowed

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to proceed.

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Okay, so inshallah today we'll go over the chapter of Iran or security deposits mortgage.

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Say

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no Kodama Rahim Allah Tada, Medina in the year 620. After he said in his book along the Babylon chapter on mortgaging and security,

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he said, For Coloma

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fella, what is whatever is permissible to sell is permissible to mortgage or to use as security and what is not permissible to them is not permissible to mortgage. So what is permissible to sell in this case is everything that you can sell, you could use as mortgage

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Isn't that nice? Because he doesn't have to repeat himself and tell you what is it that you can sell anything that you can save, you can use as mortgage there are some things that you cannot sell but you could still use as mortgage such as summer a couple of those Allaha fruits before they arrive you cannot sell but you could use as mortgage because they figure you know even if you lose it you have not lost your right because you did not purchase it anyway but but

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for simplicity just let's stick with what the chick said here. Everything that you can sell, you can use as a security deposit.

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Then the sheikh said in one of the more elaborate who an ACU in Canada and Kula cochlea two famous Eva walk up to Amina Morton

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Yakumo mahkamah public. mortgaging is binding on the after the mortgage or security has been received by transferring it if it is a movable property and by allowing the seller full control of it, if it is an immovable property, if the mortgage ease trustee receives the mortgage or security It is as if the mortgagee has received it himself.

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What does the chef say here, mortgage and mortgage or are two different words that are rotten is the mortgage your

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mortgage is the mortgagee. So, if I leave my if I borrow stuff from you, or if I borrow something from you, or if I have all your money and you asked for security

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and I leave some secure like the security deposit with you, I am what in the mortgage or and you are what and more in the mortgagee

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just try to remember this because the these two words will come with us after words

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are good you are having the raw hand.

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mourn hedgy.

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How more tan

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having more time.

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Ryan is the one who left the security deposit with more time horizon is the one who left the security deposit with

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Now,

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according to the three mazahub aside from the Maliki's according to the Hanafi sapphires and Belize, according to the Hanafi schepis upon Belize,

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the raheny does not become binding. The ragna does not become by them. What is it? What does it mean he remembered lasme

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and is there are two different types of good in Islam are contracts in Islam lasme and j s. You remember the difference between lasme and j is Latin is binding jazz is non binding. Jazz here does not mean permissible it means non binding. So lasme is binding caja is non binding. Remember the difference? The difference is that like the lasme alac, the JCM Li qu qu lots of fast travel ninja t

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so every inside of the contract, every party that the

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contracts, they can, you know, void the contract without the permission of the other party.

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Like it, what can I make you a power of give you power of attorney, I make you my agent, you could come at any time and say I'm not your agent anymore. That's it, contract is done.

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You can come at any time and say, You're not my agent anymore. That's it contract is done.

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But if I send you something, and you can you come back and you say, this contract is void. No, it's not, it's not that easy. Talk the lesson. It's a binding contract. It's not up to each party, to basically not let or voided or terminated, or terminated. Okay. So that's the difference between the lesson and just the security is the lasme. Or is

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it is the A there are certain foods that are lessened from both sides, by the way,

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but it is called the act as if it is not binding on either side, each side, any side could terminate. But the security is the lesson on the

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binding Gandhara in the mortain could say take back your security deposit, I don't want if I trust you, you know, you borrowed money from me, and I took this as a security deposit for you, you've been renting, you know, my place for many years, and I took this as security deposit, I, you know, I trust you take it back to here's a deposit back. So it is on this side, the more time could always give it back to the right hand and say, you know, I trust you, I don't need a security deposit anymore, but it is not there is for the right to terminate without paying off the mortgage. You know, if if I took money from you.

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And the condition was that you get a leave me a security deposit, then you can just say come and say, you know, give me back my security deposit until you have paid me off that clear. So that some of the zoom in it. So it cannot be called doc jazz. It is Latin, but it is binding on the mortgage or not the mortgage and the mortgage he had becomes a binding Gandhara in the mortgage joueur. Once the Martin the mortgagee had received that, before the mortgagee receives it, it is not binding anymore. So if I agree with you, if I agree with you on a security deposit, but I don't deliver it you don't receive happiness, Jeffries and honeyberries will say

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it's not lasme, it's not binding, I can take it back, I can go back on my word. In this case, I can take it back.

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But then, if my condition is, you know, when I sold you the property or commodity if my condition was that you give me a security deposit, and I took it back and I said, You know, I agreed on a security deposit, but I'm not gonna deliver it. You have the right to know, the sale contract or to accept it without security, it's up to you. You know, I mean, I'm not gonna give you a security deposit.

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Do you still want that? You know,

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are you gonna still

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sell me this property for a deferred payment, even though I'm not giving you a security deposit? a mortgage means what? It's like a security deposit. You know, what, where does the word mortgage come from? You know, they say to you,

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but today, this house itself, their security deposit. So if you default on your account, if you do not deliver on your contract, then

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then they take the house back. So the house is mortgaged in that sense, if the house itself is a security deposit, I have the right to reclaim the house. I have the right to reclaim the house if you don't pay on time. So, so that's where this idea of breakage comes from. Now, if I say if I sell you something for a deferred payment, deferred payment, send you something for a deferred payment, and I ask you to give me a security deposit and you agree. And then you come next day and say you know what, I'm just not going to give you the security deposit.

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Now herpes in Japanese or somebody say, me, it's up to you, you could say I'm not going to give you a security deposit. So what are they saying to the seller? In this case, they're saying to the seller, well, he's not gonna give you this because you could either continue carry on with

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four different payment, as you know, agreed or avoided me because he you know he's not going to deliver this creative pause. What did the mannequin say?

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the mannequin say, once you have agreed on the security deposit, that contract becomes a binding contract even before the mortgage and the mortgage he receives the security deposit. Let's just remember the position of the majority because that's what we're going by here, the position of the majority Hanafi, Sheffield's and honeyberries in this case is that security deposit becomes a binding

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once the mortgagee receives

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Okay, and then the she says to me that Mauritania Kuma comma club the workato amine and Mauritania, Kuma comma pub, which means if the mortgage is trustee receives the mortgage or security It is as if the mortgagee himself received it, you know, himself or herself received it. But that's obvious, right? So, in here, the mortarion has our key has an agent acting on his behalf if the agent and that usually applies across the board, if the agent acting on your behalf receives the mortgage, that's it as if you had received it doesn't have to get to the motor when it needs to get to the mortgagee or to the mortgagees agent, and that's usually in contract you know, your agent is acting

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in on your behalf, then in full capacity

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unless otherwise specified, unless they are not acting in full capacity

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then that she except one more time, how emini

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niab mono, net are the the mortgage or security is a trust with the mortgagee or with his or her trustee. The mortgage, the mortgage z or trustee is not held responsible for it unless he or she transgressors. Why are Why is he talking a lot about trustee and talking about the middleman someone in the middle here, between the right hand and the Morton because oftentimes in the past that I had, would refuse to give them more time and the property,

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but they can agree on someone to keep the property at with or with him.

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So they can agree on a third party, you know, no, I'm just not, you know, I'm gonna, you know, I take something from you, or you sell me something for deferred payment or borrow money from you. And then I have this diamond drain, you know, we will keep it with so and so we will agree on a trustee

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will keep it with so and so until I pay you off. And do you agree, you trust that man I trust, then we then they do this. So that's why the trustee is coming in the middle a lot here. But in this case, whether you know, after I received the mortgage after I received the mortgage, or my trustee receives the mortgage, and now I have it, what happens if you know, if that mortgage was a car and someone totaled,

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you know, or or spoils, something happens to it

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gets lost? What happens who's responsible? Who's liable the mortgagee or mortgage or

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mortgagee

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mortgage or is liable.

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Yes,

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because I am, I am interested, you know, I did not take this, although to some extent I took it for my benefit, but also it arose from

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liability on you, not me. You know, that whole idea of security deposit, the idea of mortgage.

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Why am I keeping this? Why am I keeping the security deposit? Because you owe me something and you're liable to me, you owe me something. So, this is not merely for my benefit, like for versus that idea of borrowed the item.

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It is a

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borrowed item, if I borrow something from you, and I lose it, who's responsible? I am responsible and worthy. If you leave something with me as a trust, if you leave something with me has a trust.

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And I

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and I lose it. Who's responsible?

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You because You left it with me like I can't be erased. I'm coming to it, I'm gonna come.

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It's, you left your car with me to basically because you have this alternate parking lot people from New York, who's from New York

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State in New York.

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But anyway, so you left your car with me, you're traveling, you're going to Egypt, you left your car with me for 15 days to keep moving it from the left side to the right side of the road. Every then

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well, and then somewhere, you know that the car is sitting there and someone just crashes into it? Well, how am I responsible? Why should I be responsible? Now, for sure. In any case, in any case, Hi, I'm responsible in two scenarios. One is called the tat den, which is transgression. And one is called the free which is negligence.

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For free, it is negligence that Dennis transgression, ham responsible and tagged in transgression

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and the negligence.

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Okay, without transgression, without transgression, and without negligence without transfiguration and without negligence? I am still responsible here if I have it, because I borrowed it from you. You are responsible, I am not responsible here with our Dr. The trust that you have left with me, because it was for your benefit, not for my benefit. Fair, just absolutely fair, fair. Now the mortgage is a little bit tricky, isn't it? Because you demand that the security deposit basically as a guarantee of payment for your benefit or not? Do you benefit from this or not? you benefit from this.

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So, but the idea here is, you demanded that because I was in the first place liable I owed you something and that is why you demanded the security deposit. So I am considered the here I mean,

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like in this case, I mean means trustee.

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So I am trusted, like in the case of wadiya. When you leave a trust with me, I will be responsible only if I can make one of these two

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sort of failures.

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So transgression or negligence, transgression or negligence that says here

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that the mortgage security is a trust with the mortgagee trust with the mortgagee. So if he's trusted, then he's only liable in one of two cases, in order to treat transgression or negligence. The chief mentioned here, Todd, then only but it is that in order for it, he meant by Todd and Todd in order for it he meant

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and segregation or negligence. Because basically, if he's leave the car in the middle of the road and someone crashes into it, you know, that's your problem. Like you're afraid your negligence. If I leave something precious with you, and you don't keep it in proper sort of container safe or something, then it is you're afraid it is your negligence, and it should be liable in this case.

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Then the sheikh said what I untap you're obviously in Minho in Americana Mark Cuban how Lubin your kabu while you're hella boo because there are a lot of

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the mortgagee should not make any benefit out of the property which has been used as security except if it is a writing or milk animal, writing animal or make milk animal, then he or she may write debt or milk it for only as much as the expense of forage for

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You know, whatever father food that you're that you this is a big controversy here. And this is one of them will productivity have also keep their positions of the Hanbury method?

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Well,

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who owns who owns

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who owns the mortgage, the security deposit, the mortgagee or the mortgage,

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mortgage or for sure and by agreement, you know, the mortgage your owns the security deposit by agreement, okay. So on the forum as I have, as we were, we will come to see when considering the profit to be belonged to the mortgage or

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the profit also belongs to the mortgage, not the mortgagee. You know, so if I leave with you a a camel as a security deposit and the camel gives birth, that baby is mine, not yours.

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So,

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so that the mortgage jeweler who was the owner now,

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I lifted with you a riding animal, that donkey or I left with you a cow,

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the Prophet sallallahu Sallam said, you know

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so he said Mr. Cooper Yakubu been a faculty it is I cannot Hunan whatever

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it is I cannot Hunan Allah, Allah Jakub, we are an Africa. So, he said that the riding the animal can be used, you know you

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for riding to ride, if it is more against

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the faculty in exchange for its maintenance in exchange for the maintenance. So, you the writing admin can be used in exchange for its maintenance, and the lab no data, which is basically the milk in the others of

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more deceased animals can be used in exchange for the Napa and he said, Well, Allah Yakubu live in Africa, the one who would ride or milk the camel is responsible for the sustenance.

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So in this case, the prophets of Salaam is saying, and that's what the hamburger is understand from the Hadith. And that's what the apparent implication according to all the scholars, the apparent implication of the Hadith

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is that

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not according to other scholars, because they disagree. They disagree. Some of the scholars say that it means that there are in the mortgage joueur would write it and milk it. But the Prophet sallallahu Sallam said benefit

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in exchange for sustenance. And that would not make sense if he's saying that are in the mortgage, or would ride it and milk it. Why? Because He's the owner. No, even if he sustains it, he would not need to say in exchange for its sustenance, because he is the owner, he would be writing because he owns it.

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But the fact is that the Prophet sallallahu Sallam said in exchange for its sustenance, meaning that it is not the owner that is writing, it is the one who's sustaining because the owner, you don't need to say in exchange for sustenance, if I own it, it's mine. Then I milk it, I write it, it's mine. So the and the majority of the scholars do recognize also that you know, the default of the Hadith is that the mortality and the mortgagee is the one who will ride who will milk and who will sustain. And that's what the Hanbury said

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that somebody said, you know, that that, that he will milk it and ride it with even without the permission, without the permission of the mortgage, or keep in mind with the permission of the mortgage, or you could always use the mortgage, the mortgage or allows you gives you permission to use the mortgage to write it to milk it. You could always use it always.

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Except for if that security deposit

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was taking because I have a debt. You know, if it is taking because of the debt, then you can't use it. Even with the permission of the mortgage, you're

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right, because it would be

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fun. If I if I borrow money from you. If I borrow money

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From you

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borrow money from you. So you are the lender.

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And I am the borrower.

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And

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now you're the lender, I am the borrower, and I give you my cow

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to keep with you until I pay you back.

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Can you milk my cow without my permission? No.

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Can you milk my cow and use it with my permission?

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No, because it said that

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you know, given that this is not for the sustenance given that you're not taking the, you know, we're not talking about sustenance, we're, we're okay, let's not say cow, because now that we're going back to square one, then I say car, car, car, not cow car.

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I leave my car with you. You know, I'm the borrower, you're the lender. I leave my car with you until I pay you back. As I tell you no, keep this car, borrow $5,000 from you keep this car until I pay you back.

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Can you use my car to go to work? With without my permission? Can I use your car to go to work with with your permission? No.

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Guys, this is a loan now. The loan should not result in any benefits for the creditor, the lender the loaner right or wrong? If If you give me money, if you give me money. So you're the lender, and I give you my car to keep and then you use my car. And then at the end of that three months, I pay you back? Did you get a benefit from this loan or not? I will absolutely use the my comfort z for three months. So you get a benefit from the loan alone is a benevolent act that should not accrue any benefit for the creditor. Yes.

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Change the oil and gas Oh, no,

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no, no, no but was the car in particular, we're not going to get into the the change of the oil because you don't need to change the oil, you could just park it and leave it you know, it's not gonna go hungry or like too cold or anything.

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So

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that is why Yeah, that's why I use the example of the car here.

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But the example of the car is clear.

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Now, if this security deposit the security deposit was not against a loan, meaning this security deposit that not resulted from a loan from some other liability. So, I bought

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a camera from you and I did not pay you or high whole you money for any reason. Other than alone, you know, I owe you money for for the or for like indemnity money or I owe you money for for any reason like you know, compensation for anything and I can and I owe you money. So, I gave you a security deposit. And I allowed you to use the security deposit

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of this money that I owe you is not a result of a loan, then you can use it with my permission, you can use the security deposit with my permission, but what about without my permission, without my permission, the profits of some of them said if this is a writing or a milk animal meaning something that meaning what meaning something that requires sustenance, you know, in order to simplify matters, the Prophet sallallahu Sallam said you write it as the mortality and the mortgagee you milk it, you write it, you milk it, and then you feed it

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and you feed it okay.

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So,

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the three other myths I have said no.

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So the half is mannequins and chocolate you said no.

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This Harry's his either mansukh or it's countered by other hobbies or there is a problem here or

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does not mean or the hobbies to begin with does not mean that the mortar and the mortgagee is the one who would ride it means that there are in the mortgage or is the one who would write and the milk. So, they came up with different answers, what is causing them to have this difficulty with this hobbies?

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Okay good. Yes. So, what is causing them to have difficulty with this hadith is the following.

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Now

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so the Prophet sallallahu Sallam also this hadith is

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your cup of tea the caramel

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coffee is I cannot hunedoara Dr.

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Africa. So, you know the writing animal or the milk animal will be

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used

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an exchange for its sustenance and the one who uses it right Zed or milk SAP will be responsible for the sustenance now the four the three other means I have they said no, this is not gonna work, because the Prophet sallallahu Sallam said hello maroma in Muslim and guided leave enough centmin hola hello hello Maria in Muslim in min viry

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the bin of sin men who common laughs

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So lie ahead it is not permissible malice property in a Muslim a Muslim man or a Muslim person milagai TV and I've seen without sleep naps means what complete acceptance you know not just Apple just there is an emphasis here on complete acceptance complete pleasure not just approval not just you know, complete pleasure you know that he is happy you know with it, okay.

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Even absent from him. So, they say that we all agree we and you agree that the mortgage or is the owner, how could you allow the mortgagee to milk and ride that animal without the permission of the owner that goes against this hotties in addition to this in addition to this, we have another problem with you, because if this is about the nataka

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is this if this is about an Africa, then that is not a

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this is about an Africa then it has to be a link to the value of Africa. But the company said by the way that the Hanbury said only for

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you know only in exchange for the sustenance. So if you milk it, and you have a lot of milk and you have more than

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you know what what you know, so the value of the milk is more than the value of the Father then you will keep the difference for the mortgage or how many ways you will keep the difference for the middle mortgage. So we're still cognizant of that concept you know that concept of fairness here and the concept of that this property is the mortgage yours not the mortgages.

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But then sometimes also it could be there could be a little bit of another trick here because the milk is something you know particularly for the people who consider a lot of room labor we consider everything that is much room that is you know, edible that is you know

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food we consider food or foods to be you Julius substances. They say that this is Ray Beverly for Reba we with the difference here. And it could result in a serious transaction because the father and the milk and so on.

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What else did they say?

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So how did that combine he rebuttal all of this.

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The hammer is about all of this by saying that this is the in this particular case, the Prophet sallallahu Sallam wanted to just fascinate mothers and simplify things because if you leave your donkey with me with me is that you can't be using it because you left it with me. I'm gonna keep it. You can't use it. And if I can't use it, no one is using the donkey that is a lost use of frog to hear. If you

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Leave your goat with me, you know, and I don't have any sort of motivation to milk that goat, then I'm not going to be milking the goat. And if I don't milk, the goat, you know, frequently enough, it will stop, you know, producing milk, and then all that milk will be lost. So the Prophet sallahu wa salam wanted to say that for these particular circumstances, for these particular types of security, not for other types of security, or other types of security, all of the magri have an assistive type of the type of security does not require sustenance, all of them agree you parked the car and just leave it, you just leave it.

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But for the these types of security that requires us then the Prophet is saying, simplify the matters, let the mortgagee milk it, let them use it, let them feel that instead of having to make a like a lot of expenses, because the other three months I have, how are they going to do this? Now? The other thing is, are they gonna force the mortgagee to feed that goat, you know, you leave your goat with me as a mortgage, and then I feed the goat for six months. And you know, and, and the all the profit is yours, because the goal is eventually to go back to you, the goat will get much fatter, you know, the goat will have babies had all of that goes back to you when I fed it for six

00:36:24--> 00:36:39

months. And then how is this fair now? So the three other myths I would say no, feed it and then charge that mortgage or for the value of the father or the forage or whatever you gave the good

00:36:41--> 00:36:52

is not clear. So they are also trying to be observant of justice here, but at the end of the day, who's making the life of everybody simpler than abita? For sure.

00:37:03--> 00:37:37

Yeah, yes. So so anything that is any profit is the guy is the mortgage yours. Any liability is on him any expenses on him? He is the owner. He are just the keeper. He is the owner. So expenses on him profit for him. And you're just the keeper. You know, that Hannah Bella the took the apparent meaning of the hadith of Abu hurayrah the Allahu moku your cup of tea is number one and

00:37:39--> 00:38:02

it is a Cameroonian Yakubu Africa, they took this hadith to heart, they apply the apparent meaning of the Hadith, they said that the prophet SAW Allah meant in this case to first of all not lose any usufruct of the animal or you know, and to simplify the matters for the mortgage and the mortgage.

00:38:04--> 00:38:07

And you will find that

00:38:08--> 00:38:09

you know,

00:38:11--> 00:38:32

that the hammer is usually stick to the apparent meaning of the heartbeat. So, sometimes it works sometimes it doesn't then you know, the other must have maybe right sometimes and sometimes it works because the apparent meaning of their hobbies is actually intended and here is the simplicity of just applying the apparent meaning

00:38:33--> 00:38:35

to me at least is obvious yes

00:38:36--> 00:38:40

disambiguation clarification or extension

00:38:44--> 00:38:54

Okay, keep the keep the extensions all for later for the questions and answers, but if it is clarity, like a request for clarification of something we said please go ahead. Go ahead.

00:38:57--> 00:38:58

Extension

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

this extension way.

00:39:06--> 00:39:09

So, now the next thing is

00:39:10--> 00:39:20

the shift said here when I entered the RBA in Minho, Illa McKenna, Mark Cuban Alma Lubin Fyodor kabu catalana when we finished this

00:39:24--> 00:39:26

then the sheikh said whether I knew

00:39:27--> 00:39:59

he was right and you voted Mohammed Galatia were QSB when he lucknowi akuna ma, la la hora Moomin manetti zanni What caffine in met the mortgage or is entitled to the gain from the yield, earnings and growth of the security from the earnings and growth of the security. So you're entitled for any profit from the security the mortgage or because he's the owner or she is the owner, but the gain remains as security with it.

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

The mortgage tour is to bear the expenses of the security such as those of maintenance, storing and traveling in case of death. That's in case in case of death of a slave. That's used as a security or security deposit.

00:40:16--> 00:40:30

So that mortgage Xir the mortgage or is the owner. And we are saying, and that is by agreement of the form as I have that the mortgage or is the owner expenses

00:40:34--> 00:40:39

and profits, healed again, profit.

00:40:41--> 00:40:45

So, expenses will be

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

on the mortgage your

00:40:53--> 00:40:54

Yes.

00:40:55--> 00:40:58

And the profit will be for the mortgage, your

00:41:03--> 00:41:07

expenses on the mortgage, your profit for the mortgage.

00:41:09--> 00:41:11

Okay, that's clear?

00:41:12--> 00:41:13

Well,

00:41:14--> 00:41:46

we're saying that this is the default that this is for everything. The exception for the riding animal and the milk animal is that the mortgagee will get to spend on them and milk them and ride them for in exchange for the sustenance but the default in old securities is that expenses on the mortgage your and profit is for the mortgage or that is the default for for all other securities. Okay.

00:41:47--> 00:41:55

Now that we said this, that the mortgage or is the owner and he gets to bear the expenses, and he gets to enjoy the profits.

00:41:56--> 00:41:59

What what where does the profit go anyway?

00:42:01--> 00:42:22

You know, and like if I have to store it, if I have to store it, the that's an expense, you know, it is an expense, like they're saying, you know, there is no place to park this car except in a parking garage, that is an expense. So, the expense here will be on the mortgage Sure.

00:42:26--> 00:42:53

The necessary expenses, the necessary expenses will be on the mortgage or whether it is it is a given that the necessary expenses will be on the mortgage or any potentially contentious or this disputable expenses, then you will have to ask for permission that there are unnecessary expenses that will be you know, on the mortgage or disambiguation or extension.

00:42:55--> 00:42:58

Okay, configuration is a problem because you are gonna make

00:43:01--> 00:43:11

Yes, so so I bought a car for you from you. And I'm making payments. Okay, so you're the mortgage? Yes.

00:43:12--> 00:43:28

And I am using the car on buying it in two years that will be mine. But for now, you own it and I'm just making payments. I parked the car. How are you paying for it? I should pay for it. I'm the mortgagee. I'm the one using it.

00:43:29--> 00:43:41

For repeat that. So you you have a car dealer, and I'm buying a car from you make the payments 1200 a month?

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

Yes.

00:43:44--> 00:43:55

So you're the mortgage or on the mortgage? No, no, whoever said that to you. He The one who bought the car is the mortgage or the car dealer is the mortgagee.

00:44:03--> 00:44:11

Okay, who owns the car? Who owns the car, the car dealer or the guy?

00:44:13--> 00:44:27

No, you bought No, no. Once you finalize that same contract, the payments will be a liability on you that you have to pay off but the car is yours.

00:44:29--> 00:44:38

The car is yours. Now. He a you know he is he has he is a lien holder in the sense that

00:44:39--> 00:44:48

Yeah. But then he lets you you know in this case as the mortgage or use the car.

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

Yeah.

00:44:50--> 00:44:55

So, so then the same same

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

expenses on the mortgage or and profit is for the

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

mortgage or this profit could be one of two things, you know, the matassa normal person could be attached to the mortgage or detached from the mortgage

00:45:15--> 00:45:19

can be separated from the mortgage. The camel gave birth to another camel

00:45:22--> 00:45:23

had separated from

00:45:25--> 00:45:34

the camel, the camel grow grew fatter, that's not separated. They all agreed have the camel became father.

00:45:36--> 00:45:46

The mortgagee will keep the camel because he just can't basically chop off some of the meat and give it to the mortgage or,

00:45:47--> 00:45:57

and then, but what if the camel gave birth? Can the mortgage joueurs say in this case, give me that little baby candle.

00:46:00--> 00:46:14

Okay, in this case, you're all Maliki's and shafa is Hannah peas? And somebody said, No, the baby camera will stay with the camel. Actually, the Americans have like a sort of like a nice

00:46:17--> 00:46:17

sort of

00:46:19--> 00:46:20

take on this.

00:46:23--> 00:47:09

Yeah, so they say that things cannot they cannot be separated from each other. It's about you know, slavery and things of that nature. You know, again, separate between, like a woman and her child and stuff like that. But But in general, these are anything that can be separated, the masochism, chakra is the sub anything that can be separated from each other, then the mortgage, your will take that profit, if it can be separated from the original security, the HANA fees, and honeyberries said data loss. It's basically the rulings of loss, which is the original property will apply to alpha, which is a debit, which is the subsidiary. And we'll take the same route in golf class. Therefore, if the

00:47:10--> 00:47:25

original property is mortgaged to this person, then that that subsidiary is also mortgaged to that person. That's what the 100,000 100 buddies said, but you guys are free to choose.

00:47:30--> 00:48:02

When the SEC said, we're in Atlanta, who Roger hamina run better than I was the lead for Allah he met to takuna. Ron McKenna, if the mortgage or causes damage to the security or excludes it from the mortgaging, as in the case of manumission of a slave used as security or decommodification through birth, then the mortgage has to have has

00:48:04--> 00:48:16

the mortgage or has to mortgage an equivalent value as a substitute. And, you know, some some things are a little bit intricate here, and we have to explain them. So how does he

00:48:17--> 00:48:20

How does he make it

00:48:21--> 00:48:23

excluded from being a mortgage?

00:48:24--> 00:48:36

And we've talked about this before and you know, and we, I said that there is an agenda or there is like an appendix in my book that is not out here.

00:48:38--> 00:48:46

In particular, but, you know, slaves used to be used as security deposits. So he's saying

00:48:47--> 00:48:49

the mortgage or

00:48:50--> 00:48:50

mortgage

00:48:53--> 00:49:27

causes, you know, this destroy is that mortgage, somehow sport zipped through and somehow, then the mortgage or is responsible to provide in place of that mortgage to provide another mortgage, same value in place of that mortgage has clear heezy but he is saying that now only when this happens, but also, let us say that the mortgage or for instance, gave the mortgagee

00:49:32--> 00:49:34

as laid to keep

00:49:35--> 00:49:39

has has mortgage. And then while the mortgagee

00:49:40--> 00:49:45

the mortgage, you're freed the slave. He said that slave is free.

00:49:47--> 00:49:48

What happens then?

00:49:50--> 00:49:57

Yeah, he can just say free, he's free. then in this case, that's the commodification you can send

00:49:58--> 00:49:59

or steal, add meaning to

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

by birth, meaning the vast leap was a woman and the mortgage or was, you know, the master and the mortgage or

00:50:07--> 00:50:09

basically had a baby with her.

00:50:10--> 00:50:23

So if she if she became now midwife, not the mother of his child, not sellable. decommodification you know he can sell sell or midwater so that's decommodification through birth

00:50:25--> 00:50:26

disambiguation or

00:50:33--> 00:50:35

even during his life he can sell her

00:50:41--> 00:50:42

No, she has a modern

00:50:44--> 00:50:46

Yes, yeah, she has a mortal

00:50:49--> 00:51:02

Hmm, why does it matter? Because Because what is the purpose of a demo? What's the point in security and at the end of the day if you fail to pay me I wouldn't sell the security and get my money. Isn't that the benefit of security in the first place?

00:51:05--> 00:51:05

huh

00:51:09--> 00:51:20

you give it back to the Yeah, we'll get to it but the benefit of the security in the first place you lifted this diamond ring with me you borrowed $2,000 from me and you're left with this diamond ring with me.

00:51:21--> 00:51:49

Oh, we actually need that you're gonna pay me at the beginning of the beginning of March. He did not pay me now I'm entitled to take that down and drink sell it and get my what $2,000 that you borrowed whatever you borrowed to get that money the rest of there is a difference. We'll go back to you. And if the diamond ring was not enough to you know then I would come after you for this

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

okay.

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

The same will apply to the The other example about milking and stuff.

00:52:12--> 00:52:55

Yeah. So, because whatever that requires sustenance, then you will get the benefit a benefit that is basically equal equivalent to that sustenance. But certainly keep in mind that when it comes to female slaves and sort of the the sort of the consequent relationship between the master and the female slave, that cannot happen with the mortgagee because certainly not you know, no woman can have two partners that anytime or you know, I can have like a legitimate partnership with anyone other than one person.

00:52:58--> 00:53:01

Okay, now, the chief said

00:53:06--> 00:53:07

we're in general a

00:53:09--> 00:54:03

movie pobeda bizerba Viva hora, Tawana acaba, de fora. If the damage is caused by someone else, the mortgage your becomes the damages of opponent in court and what the mortgage jury receives as compensation is then used as the mortgage. So if I park Mike, if he if he if the car is parked and someone crashes into the car and totals it, third party now, not the mortgage, you're not the mortgagee of third party, what happens, who will go to who will take them to court, the mortgage or he is the owner or she is the owner, they will be always the owner of that security deposit will take them to court. Whatever compensation they get from that person, that compensation will be now

00:54:03--> 00:54:05

left with the mortgagee

00:54:07--> 00:54:13

until the term of the run or the security deposit ends.

00:54:14--> 00:54:15

Then the sheikh said

00:54:18--> 00:54:23

and talking about talking about the example of slavery that we talked about before

00:54:27--> 00:54:30

one of the things you know, the Hadith is there, but certainly

00:54:32--> 00:54:38

right, because that is there it is there selasa Tony, drama retain pleasure on

00:54:42--> 00:54:43

the back.

00:54:46--> 00:54:59

So say people will be given the word twice. One of them is a man who had a slave girl instructed her in, you know, knowledge and good manners and then emancipated her

00:55:00--> 00:55:09

And then married her. So that is what the province of Southern recommended in these cases. And he said that you will be given his your twice.

00:55:10--> 00:55:13

And many people actually came out of slavery through this way.

00:55:15--> 00:55:28

And some of the most noble people were children. You know, that came out, you know, as a, as a lobby Dean, for instance, was a child of a

00:55:30--> 00:55:31

human separated sleeve.

00:55:39--> 00:55:45

Sarita our revenue, our domain fee barrier, forever run.

00:55:47--> 00:55:52

Or we didn't say the way the holiday in the philomela, Fira and br

00:55:53--> 00:56:08

will fear and have to mean 70 whatever period of time, when the debt becomes due and the mortgage or does not pay it off, the security is sold to settle the debt from its price. The remainder of its price.

00:56:11--> 00:56:28

This is clear, right? You don't pay, I get to sell the security deposit, I get to take my money. I give you the difference. If there is more. I come after you for the difference if the security deposit was less than the liability or the

00:56:29--> 00:56:32

the last point to the chef makes a year. What is

00:56:33--> 00:56:48

our amin fee buyer forever ah you know any user lemahieu however, de Nino and yamana who year on year aubaine ultrasky, aka Mati Mati Billa, Ronnie one of amin,

00:56:50--> 00:57:35

and I did mention this in the beginning, if a condition of sale is a condition of sale is a security or a guarantor of payment, and the buyer refuses to hand over the security or the guarantor declines to guarantee the payment, then the seller is given the option either have a knowledge of the sale, or retain and get without a security or a guarantor of payment. Now I am setting you. And these are the different payment sales, right? Because cash sales, you don't need a guarantor for anything, right? I am giving you the property or giving me the money, what guarantee Do you need, and but we're talking about a deferred payment saying here, a deferred payment sale.

00:57:37--> 00:57:46

That's very agile, or agile or succeed. Nowadays, the quarterback, taxied payment sales.

00:57:47--> 00:57:49

So you get the couch,

00:57:53--> 00:57:53

couch.

00:57:56--> 00:58:05

So you get the couch, and I wait for the money, I'm waiting for the money in you know, you will pay me in six months.

00:58:06--> 00:58:17

And I tell you, I tell you, you know sold, aggrieved sold with a condition of guaranteed payment.

00:58:20--> 00:58:26

For a condition of security, you need some security with me, until you pay me

00:58:27--> 00:58:46

I refuse to give you the security, you could say that contract, which is a binding contract safe contracts the binding contract, you could say I have the option now, to keep this same contract or to void I have the option because you refuse to give me the security

00:58:47--> 00:59:06

or you the guarantee or payment refuses to guarantee payment, then I could go back and say I void this contract first avoiding an element of the contract. But I have the option also to keep it because I'm entitled to this if I give up my entitlement, that's fine. I have the option also

00:59:08--> 00:59:29

to keep it so if the if you go for instance, a furniture store, and then they tell you given that you know you know they don't tell you given anyway but if they told you that, you know it's yours, we agree to the same pending, you know, the credit person

00:59:30--> 00:59:41

have the credit check comes back and you don't have credit you could also take from this that they are entitled to voiding the contract.

00:59:43--> 00:59:53

That brings us to the end of the chapter of revenue. The next inshallah will be the chapter of a son have a chapter of settlements, settlements

00:59:54--> 00:59:55

and

00:59:56--> 01:00:00

I think this is about one half of the factor

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

auctions today we finished about one and a half of the transactions. We still have many more chapters to go. But they are a little bit shorter than the chapters that we finished. We have the chapter on sales and Riba big ones that we've had a lot of the transactions. Concordia does not feel like they want to go home and actually want to go to like five minutes and then we'll start the q&a.