Fiqh of Transactions #15 – Chapter on Agency

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Hatem al-Haj

Channel: Hatem al-Haj

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So today we have wr Canada or the chapter on agency, the Melbourne Kodama Allah tala said in the beginning of this chapter Hawk modok, ad hoc mad waka.

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And because it's a mountain, usually the it's an abridged text manual.

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They don't start by, don't always start by the definition and they don't go through the sort of the classical order.

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But what can I do basically is to give authority is for someone who is

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capable of a certain act or authorized to conduct a certain act good to give authority to someone who's also authorized to conduct that act on their behalf.

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So we have to have two people that are authorized here to conduct a certain act, one of them given authority to the other one to conduct that act on their behalf on the first behalf and

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the sex here in the beginning hockman Ocala We're here at Twin Peaks limited user near but to fee is a candidate mockito kill many of them psychedelica Minho, commissioning an agent tequila is permissible in all situations in which deputation, which is Nia is permissible, and whenever the authorizer and the agent are eligible for this, whenever the authorize authorizer and the agent are eligible for this. So what gala is to give power of attorney to somebody to authorize somebody to act on your behalf, you need to be also you need to be authorized in the first place to perform that act, and the person also needs to have the capacity to perform that act. What do we mean by this

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just to get this out of the way What do we mean by you need to be authorized and the person also needs to be authorized.

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For instance, if

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if you are a woman, you do not conduct your own marriage, according to the gym or you know according to America is not the way

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you are not the who won the lottery.

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So,

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in in, in, you cannot act in this capacity. So a woman cannot give power of attorney to another woman to be the relay in marriage of third woman or because she is not to Our Lady in the first place. Therefore, she cannot authorize another one to be with a man cannot authorize a woman to be worthy to be a guardian in marriage. Because if she is not authorized to be a guardian,

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if she because she is not, she does not have the capacity to act as a guardian in marriage. Guardian in marriage has to be made relative of the bride. And it has to follow a certain order. But

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let's not make it all you know about women. If you are the brother and the father is alive, you cannot as the brother authorize your cousin to be the guardian of your sister.

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Right? Because you know you're not authorized in the first place. Your father is alive. Whoever said that the Father is custodianship or guardianship has been severed for you to act like the guardian. So if you are the brother, you cannot authorize your cousin to be there when they have your sister if your father is alive, because the one who holds that authority is your property is not yourself. So if you don't hold that authority, he can pass it on.

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Exactly. So that's important. So we're talking about two people that are there as a percentage of two people that have the capacity to perform a certain act, one of them giving the other the agency the power of attorney the authority to act on their behalf.

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Half in their place. That's what

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that's about. So, he says commissioning an agent Toki it is permissible in all situations in which deputation or near is permissible.

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And whenever the authorizer and the agent are eligible for this and we cover this so Tolkien is permissible whenever near bad reputation is permissible.

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What's the difference between Tokyo and

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what's the difference between Tokyo and Geneva?

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And then remind me to go back and talk about the permissibility of Tokyo, the Tokyo and the ABA, they're pretty comparable. They're pretty much the same. You could say that Tolkien and the ABA are the same. There are some subtle differences and those subtle differences are not related to the acts because if an if, whenever deputation or near but acting on behalf of someone, there is someone who's acting on behalf of someone, whenever the there is any ABA or deputation is permissible, then tequila is permissible that is looking after the act itself. Because certain acts there there is no Napa and certain acts as we will come to say, you know, you can make they'll keep this a cam to give

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a make tequila authorize someone to make will do on your behalf, right.

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Yeah. So,

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this particular act is not amenable to,

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to nab or deputation. Therefore, Tokyo does not basically is not permissible does not is not relevant here.

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But the difference between deputation as I said in the document maturity, the difference between deputation and Tolkien is that deputation is a little bit wider in scope. We're not talking about the x, but we're talking about the actors, we're talking about the we're talking about the deputy or

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the deputy or the key.

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So we're talking like the NAB or the in in the, the neighbor may not be authorized by the original

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sort of

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the the original actor,

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such as Where is such as, you know, insane people, children,

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people who have, like some form of interdiction placed on their property, someone is acting on their behalf, right? Someone is acting on their behalf. If you're a little child, someone is acting on your behalf. That is nabba that is not the key and these people are not you're working to be your kid you need to have authorized them. Can I get a one year old infant authorize anyone to do anything? No, he doesn't have the capacity to authorize so those people will be designated for them either by the Sharia or by the ruler. So they're either designated for them, you know, naturally designated for them by the Sharia, you know, it's the father so his next next person up

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or they will be designated for them by the ruler to act on their behalf here this is ni ABA This is deputation This is acting on someone else's behalf without okie Sonia Ben, this sense is a little bit wider in scope than tokeep because the ABA

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may not necessarily require the original person to authorize the agent, you could be an agent or you could be a deputy could be acting on their behalf without their authorization. Another example is where not only that you don't need them to authorize you. You don't need anyone to authorize you such as if you do hogere on behalf of your aunt for instance.

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When I was in Canada, they told me in Canada they say aren't to me to make a difference between the end

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so

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so you don't have to.

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If you if you wanted to make harder armor on behalf of your hands. You don't need to

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You don't need their permission, you don't need according to the majority in the stronger position, you don't need to

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have her authorize you to make her job on your behalf. You just went there. And you just felt like making a Homura on her behalf.

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So here, Tokyo and you are the same but a little bit different because Nia is a little bit wider in scope. Because in Tokyo, it's a contract that has to be between two people. One is authorizing the other. And the authorizer. The authorizer

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is called what? What he

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when

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he

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or no, I'm sorry.

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The authorizer is called moonwalk. The authorized is called lucky.

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Kid.

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Okay, so the authorized

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which is the agent,

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which is the attorney

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is called wotty.

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And then that will key is the authorization that's the act itself of authorizing someone.

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Are they related to the record? Yes, they are. Because, you know, tobacco reliance, when you rely on Allah subhanaw taala, you're relying on a lot to act in your place. You know, you're not,

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in essence, you know, but you're delegating your affairs to Allah subhanaw taala.

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For the disposition or administration of this or that fear, and you're saying, you know, like,

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I rely on you for the disposition or administration of this particular affair. That's, you know, that's where they share the same meanings. Certainly, you know, allies, the first cause of law is the, the true one the actor.

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And when you do this, this is just like a,

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this has been a forego is, it's not like you're actually going to be delegating anything, he was doing everything, it everything happened based on his will.

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Not by necessity or natural flow, because this is important. So, you know, the relationship between

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the act of Allah subhanaw taala, and the will of Allah is not matter of law and necessity. And it is not by coincidence.

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It's neither by coincidence, like habitual coincidence, neither by necessity, it is by herrada to erotica data. It is a freewill. Divine freewill.

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That's always dynamic that is always with the devil.

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Anyway,

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so don't kill me.

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Now, don't kill them. It is when you authorize someone to act on your behalf to administer or dispose your affairs on your behalf those affairs could be anything that you can do, where deputation is allowable, anything that you can do where deputation is allowable deputation is allowable in basically anything except certain acts of worship.

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And certainly certain certain interactions,

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interactions like you know,

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Like family family interactions you can 3d have someone be you know,

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your sister's brother in your place or be your wife's husband in your place or something of that nature.

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And or you can have someone

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be your milk son's mother in your place, these are things where the mutation does not work. And therefore, Tolkien does not work, certain acts of worship as well. deputation would not be permissible and certain acts of worship, we have certain acts of worship, where deputation is permissible by agreement, which ones are those?

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You have sought a client had done those things, the deputation is permissible by agreement, you have certain acts of worship or reputation is not permissible by agreement, which ones are those

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is not permissible by agreement.

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certain acts of worship or deputation is not permissible by agreement would be like Muslim will do and things of that nature for slang

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and close to agreement would be Salah, which are the purely bodily acts of worship. So, agreement to be will do and worse no one can make on behalf of anyone by any standard of anyone in any at any time close to this would be Salah as well, very close to this in the in the terms of the strength of agreement would be Salah. So,

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in this case these you cannot deputation is not applicable.

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Hands on Psalm is a different story we get we get to some like the The bottom line is something that can be done on behalf of but which type of song you know, the worship song of the song The

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the naza another sound devout fasting, we can we may come to this in a webinar.

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inshallah, in the future when we talk about vows and oaths and things of that nature, we will cover the disagreement over fasting on behalf of others.

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But the controversy regarding certain acts of worship in the middle, you can actually say that song is somewhere in the middle between the two.

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And the recitation of the Quran is the famous controversy. recitation of the Quran

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also is somewhat controversial, whether you could recite the Quran on behalf of others or not. And this applies to a higher enemy, this applies to the living and the dead. So if you can recite on behalf of the verge you could resolve on behalf of the living via and vice versa,

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applies to both and the controversy here is basically

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a famous controversy. However, the majority allow the recitation of the Quran on behalf of the and the living on behalf of others, the majority allow the reservation of the Quran on behalf of others that majority would be the combat is and then the HANA fees. And then in addition to the HANA fees, you have some of the keys to the extent that they some would say that this is the mouth hub, some shaft ease and immunity means choice also. So the majority here

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allow the recitation of the Quran on behalf of others the salaries are the were the strongest opponents of this, but even within the sharper image, they would say that if you recite and then make

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for the person to get comparable reward or equal reward, then you're gonna and swallow the acceptance so their their their way around that is to say recite and then make the law for the person to get the reward or reward equal to not the same reward. That's the point that the Japanese are making is that this reward went to you is you can 3d give it away to somebody, you're excited this reward went to you. But then you can sit down after

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Finish the recitation and then make dua, that Allah would grant the same reward and equal reward to so and so on such and such.

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And if you do this, you'll be fine according to all of them, including the surface. But that's the controversy anyway. So certain acts of worship I by agreement done on behalf of others, such as,

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you know, have to end the umbra and

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South Africa and

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know, the soccer, you can do it on behalf of others, if they fail to do it. It is not like,

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if they have someone died and they had, you could, there is a difference between this fencing there's a cap and giving, there's a cap, dispensing there's a catch, you could certainly dispense there's a cap on behalf of others, that is dispensing capacity versus you actually paying there's a cap on behalf of others, but South Africa, you could give your own money on behalf of others, you could give from your own money on behalf of others and then very worried goes to them, they were worried because the South Africa is the classical one that is permissible by agreement sadaqa is a matter of no admin type

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parameter which means that us

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so sadaqa is the one that is permissible by agreement to give sadaqa on behalf of others is permissible by agreement

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will do and worse than those things are not permissible by agreement,

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Salah close to that type of agreement that is not permissible certain forms of some will leave you know, it's controversial some is controversial, certain forms of some may be permitted not others, the recitation of the parameter is controversial. These are the people who allow the recitation of the parameter on behalf of others the people who did not allow this would be m ns capital M capital

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Okay. Now, given that the act itself given that you have to authorize people to people who have the capacity to perform an act, and the act itself is an act where near but deputation is permissible,

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if that is the case, then the key is permissible by consensus.

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If that is the case, if you have two agents that are authorized that have the capacity to perform a certain act and that act, that act

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is also an act where deputation nearby is permissible

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then they'll keep giving power of attorney or authorizing an agent to do this act on behalf of you is permissible by consensus. And the you know, they say

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the fun and the bottom line is everything is permissible enter in the financial transactions until proven otherwise. And there is something called de and had the you know, the need the need for that transaction. There is an obvious hiding there is an obvious need because human beings have limited capacity and they do need each other's help to conduct their affairs.

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Okay.

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But the you know, Monica proves that they use the terms of the people acting on behalf of other people or people being authorized to do things on behalf of other people is probably light Allah or law saying abattoir can be very heavy, either Medina aliens or US government, computers, quitman whatever laptop whatever Sharon, we can then send one of you with this silver coin of yours. Send one of you the added gaff, people of the cave when they woke up, they said send one of you the silver COVID to the Medina to the city to look for the most wholesome food that they can find and bring you some of some provisions of that most wholesome food that they can find. So this person

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that is going out, he took the money of the group and then they made him they authorized him to buy on their behalf.

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Bob, he's conducting a transaction now he will be conducting a transaction on their behalf. Joaquin and they also signed the heartbeat of our webinar that better pay this reversible Buhari and others were the prophets Allah wa sallam sent him to buy a sheep. And he bought, he bought he bought two sheep for one dinar, the prophet gave him a dinar, told him go buy a sheep for one dinar and give him one dinar. So he went and bought two sheep for one dinar. And on his way back, he sold one of them, for one dinar, and he came back to the prophet SAW Selim and gave him the sheep and the one dinar. And

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so the prophets of Salaam invoked a lot of bless his dealings, they say that if he if he, you know, had

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the dust or soil that he would be able to make profit out of.

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So,

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and that also tells you that, you know, making profit is not a fancy thing, or anything, or just to be smarter to be, you know,

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entrepreneurial or smart and making business and making profit does not mean anything, the premises of them did not tell me how they do that to make a profit or

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so it's

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important that we have this understanding. So all of our better pay was acting as an agent for the prophet SAW sudden, he gave him the one dinar sent him to the market act on his behalf. To agency, that's the key, because the same transaction is a financial transaction is an important financial transaction. Okay, so you use them. And this is another African census, as reported by many including giving up other men and money. So choose it. But the things that you need to remember is that you could only get power of attorney to sell to someone who has the capacity to perform this.

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You have the capacity to perform this act, meaning if you are the brother, you cannot give the power of attorney to someone else, to marry off your sister, if your father is alive, because that authority is his, not yours.

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So if you don't have that authority, you can pass it on. Also, if you are a man, you can to give the power of attorney to a woman to be the guardian of your daughter in your place. Like he can tell your wife, you know, you'll be the guardian of our daughter, you'll be the value of our daughter, because there will be in this area has got to be made relative and nothing made relative they come

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in

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they come in a certain order.

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So both the authorized and authorizer need to be known and I have a habit here

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both authorized and authorized

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and they need to both have the capacity to perform the Act and the act needs to be one where the deputation is applicable.

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Next,

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he said now all of a sudden Jay is only up to the demo tequilla been minimum our first de Lucha

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our first de la who's given us the level talking about

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the minimum offense de la who was you know, he had dinner on a Saturday.

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It is a non binding legal contract that becomes invalid when either one of them the authorizer or his agent dies or not, the contract becomes insane, or is interdicted meaning harder was placed on them because of foolishness for recklessness, because of foolishness or recklessness. So here it he said that is opera jazz. Do you remember last time we talked about the jazz, an app the word lesson.

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And we set up the jazz means non binding.

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And we set off the lesson means what binding?

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Can we give an example on the lock of the lasme and we said it's like sales and rentals.

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So

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And we said that the lock the day is active that can be unknown voided by either one of the two parties at any time given there will be no harm and because the concept

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of law there are is an overriding Chi the kind of there is no harm or reciprocation of harm is an overriding Chi that means, it has control over the other sort of rules or rulings. So,

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but the default for the SOC the lesson is that they are binding the data is non binding meaning I can withdraw you can withdraw any one of the two parties can withdraw he will give examples of these accrued in the lesson No, he can't withdraw unless there is a condition you know stipulated in the contract or unless we are within you know a certain we have not parted yet in a state contract or something of that nature. So,

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so, that is the difference between capitalism and jazz and he gives us here examples of an awkward ninja is the non binding contract. Any one of us to the two parties of the contract can pull out from this contract anytime they want. He said, Mark evatik has sciatica while moussaka while mazara while gyla while masaba This is also the case in all non binding contracts such as partnership, watering trees for parts of the crop, sharecropping pair job wages, which is gyla and contests. And we will come to each one of those and explain them in detail when the chapter you know, the burden chapter comes. But in general, these are all different types of contracts, where any party can pull

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out from the contract at any time. Partnership, sharecropping, watering trees are a part of the fruits gyla pear job wages, you know, like, if you do this for me, I'll give you that much, you know, per job wages. Why don't sabotage contests, contests here means what? That if I said if I name a prize for the contestants for the winner among the two or three or four contestants, before one of them wins the contest, I can take it back. I can say no, I'm not going to pay you.

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If you know

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contest is not over yet.

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Non binding okay. But this non binding It does not only become void upon withdrawal of one of the two parties the non binding contracts also become with become void upon death.

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Insanity and interdiction because of foolishness, he mentioned the death

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insanity

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and he mentioned the interdiction which has had

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had so had to because of foolishness to adjust Safa had

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Lisa hadron Lisa, the hardware because of SAP or because of foolishness.

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But there is also something else which is fixed in things that require high data.

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Like, you know,

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show who the witnesses in a marriage contract the alien the witnesses and and there's controversy about this but anyway, whoever requires ardella whoever requires religious integrity or their fiscal will be for them at this qualifier. Fiscal will be for them a disqualifier? If so, if someone was basically

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caught drinking wine, that is first. So they will not be

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they cannot be authorized to perform an act. Someone is caught drinking wine. Can they be authorized to

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do a financial transaction on your behalf?

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Yes, because you don't require religious integrity for financial transactions.

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Integrity

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if someone drinks wine or someone heard that it was him, for instance, that you know, accused that

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chase woman of adultery and had the heart applied to them, that person will be called. Right.

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Okay, that person is not authorized to be here to conduct a marriage contract because you need our data religious integrity for this for this for the marriage contract. Do you need Adela religious integrity to buy piano furniture to sell furniture?

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No, you don't? Well, we're gonna say we're gonna stop the world here.

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You don't need religious integrity to

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be in the market to do your business. You could be drinking overnight and then you go to the market and no one will tell you.

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You can't conduct business here.

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But first is a disqualifier. You he talked about when he said that Wakanda will be terminated the sub Safa, which is foolishness, foolishness,

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recklessness, foolishness, particularly financial imprudence, financial imprudence, you're not prudent in your financial transactions. So, it depends on the action, it is not all the same, it depends on what our camera is about, if our camera is about financial transactions, and you were found and many of us could be actually found to be foolish, you know, those video games.

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So,

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so, many of us could be found to be foolish, in this case here wherever to conduct that financial transaction will be what

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amount void, but what about your work and in a marriage contract? I chose you to be to act on my behalf in the marriage, you know, you can act on my behalf in marriage, if I am the groom, for instance, then I can tell you You'll be my Joaquin

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you know conducting the marriage contract on my behalf or I could I tell you, I am the way I am the guardian. I want you to act on my behalf

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in the marriage of my daughter, I can do this right right yes. Okay. So then

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you are you were found to be fine. empresa de imprudent, like wasteful, like, you know, like, he buys stuff like he play video games and you buy points and pay, you know, virtual points and you pay for them and stuff like that.

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And you waste your money on stuff like that. So

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that I know I'm not talking about all the people because I may be actually talking about 90%.

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No, I'm not talking about everybody who does,

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but certain people would qualify.

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But if you were if you were found to be Sufi, could you still conducted the marriage contract on my behalf? Yes, because surfer surfer is not does not basically

00:38:55--> 00:39:52

separate suffer hand fist are two different things. You know religious integrity and financial prudence are two different things. I need religious integrity in certain acts in certain contracts, I need financial prudence and other contracts wherever financial prudence is needed, then Canada will be interrupted by financial imprudence whenever religious the religious integrity our data is needed. Then there are Canada in with regard to these particular actions will be interrupted by fist. Is that clear? Okay. So then, what about insanity? Yes, once I become insane, then all of my will color. All of my agents will not be agents anymore for me, because I would need someone

00:39:52--> 00:39:59

designated as a custodian for me, a custodian for me to look after my

00:40:00--> 00:40:52

interest and this, this is not someone I will choose how could I choose them if I'm insane, you know, this is not someone I would choose this is someone that will be designated appointed to take care of my affairs. And that's that's also because if I you know, hi, if I trusted X to conduct my affairs, it does not mean that my ears will all trust X to conduct their affairs. Therefore, it is immediately interrupted that we can have X is immediately interrupted unless x unless it is a special type of work gamma that is called the ones who desire or will say, unless x I appointed x to be my was C which means my

00:40:55--> 00:40:56

manager, the

00:40:58--> 00:41:05

manager of my requests or my state executer execute their request.

00:41:07--> 00:41:12

So mine was a executer request is is

00:41:13--> 00:41:18

we're not be interrupted because I designated them for this particular

00:41:20--> 00:41:58

job to execute that request after I die. So it will not be interrupted by my this is not clear. So what Canada is a non binding contract you as the market the authorizer can pull out at any time. And the authorized the kid can pull out at any time and say I'm not sure what kid anymore, anyone can pull out at any time which means that this is oxidized or non binding contract and then the sex ed Sala here to rocky what I said, well Katie and your father in law matter Nevada who is no longer than

00:42:02--> 00:42:13

30 of the agent, the agent is authorized only in whatever is covered verbally or by custom by the by the permission given to him or her in the country.

00:42:15--> 00:42:23

Okay, so if I hire you as our key if I hire you as our key to do a particular thing.

00:42:25--> 00:42:29

Like if I hire you as a kid to go to the to go

00:42:30--> 00:42:34

sell this product in

00:42:37--> 00:43:21

the market in New Brunswick or sell this product to Finland to Mohammed, I tell you go save this to Mohammed for 20 dinars. And then you go set it to Ibrahim for 20 dinars. Well, I didn't tell you said I'ma told you sir to Mohammed for 20 dinars, then you given that the that act is not authorized, he violated but there are certain there are certain certain flexibilities here if I tell you sell it, go sell it in the market in New Brunswick for 20 dinars and you sell it in the market in Harrison here for 20 dinars,

00:43:22--> 00:43:44

then that is acceptable, as long as I did not forbid you from setting it in any other market, that would be acceptable, or as long as I do not have a particular interest than obvious interest in setting it in New Brunswick versus Edison or in one place, versus the other place. So

00:43:46--> 00:43:58

that is why we're saying here verbally or by custom, because by custom by custom, if I want to sell this product, if I want to sell this product

00:44:00--> 00:44:16

then it doesn't matter where right but if I tell you set it to Mohammed Mohammed, then I am showing a particular interest here or if you know that I have a particular interest in setting it in a particular market.

00:44:17--> 00:44:38

Then you should respect to that and then by custom, my you know Tolkien he you know includes the designation of the market the designation of the person the other party to the transaction. So,

00:44:39--> 00:44:59

whatever I define for you, you do what I tell you to do, whatever I if I tell you don't do something, then you must by agreement not do that thing. But if I leave some room or if it is vague, then we will be looking for you know the customs

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

Governor this transaction that I violate what is customary or not, if I violated what is customary, then I would have violated the contract of the workout and if I violate the contract, or can I be liable have been responsible for this particular purchase or sale or whatever,

00:45:24--> 00:45:33

you know, administration of affairs that I have embarked on without the permission of the market or the authorizer.

00:45:34--> 00:45:44

Then the ship said well, a seller who Tokido via he was Shira woman nuptse, while Biola in his agent is not

00:45:45--> 00:46:03

to authorize someone else, or to buy from himself or herself, or sell to himself or herself. without the approval of his or her authorizer two things here, one as our key you can't make another person our key.

00:46:05--> 00:46:22

Okay, unless Congress. So you are the lucky I told you, you know, I want you to be my lucky in this particular business or particular transaction, you cannot go to someone else and say, I am the Joaquin of this be my Joaquin.

00:46:24--> 00:46:33

Unless it is a job that you cannot do by yourself, beyond your capacity to do it by yourself, then you can have our key.

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

Or it is a job that is beneath you to do by yourself, when you can have our key to two exceptions here, the job is beneath you to do by yourself.

00:46:49--> 00:46:50

The job is

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

is too difficult for you to do by yourself in one of these two scenarios, you could have a key

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

otherwise you cannot have our key and that is the authorized position in the method, there is another position in the method that includes that says that if I if I designate you as our kid, if I give you a power of attorney, it means I give you full control, you could go out and get another worksheet and the worksheet can give them a key and the worksheet can give them a key and so on.

00:47:24--> 00:47:42

Because it's a transfer of the capacity to conduct a certain business unless they say that the default is that I can get our key unless you expressly forbid me from

00:47:43--> 00:48:14

having our key then in this case, I cannot give a key to authorized position in the matter of is that when when our key cannot get our key except in one of two cases the job is beneath them the job is too difficult for them to do by themselves. Just remember that the key cannot have our key and that is safer. Because I trusted you had the you know I don't need to trust your trustee or I don't necessarily trust

00:48:16--> 00:48:19

everybody that you trust I trusted you.

00:48:33--> 00:48:35

job that's beneath you.

00:48:36--> 00:48:39

I prefer not to give an example because it's

00:48:41--> 00:48:46

it sounds a little bit to classes or to whatever

00:48:47--> 00:48:53

it's just that certain people you know, it's it's obvious guys there are certain people who would not do certain jobs.

00:48:55--> 00:48:57

Because just

00:49:03--> 00:49:04

when

00:49:10--> 00:49:35

Okay, and then he cannot also sell to himself or buy from himself. If you are lucky and and that's why you really have to be careful with people's money or people's affairs. People don't trust you, you really have to be careful, this is fire. If you accept the trust of people, you're dealing with fire and two things, you know,

00:49:37--> 00:49:37

anyone

00:49:39--> 00:49:43

needs to be particularly sort of careful about

00:49:46--> 00:49:48

for their own sort of,

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

sort of

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

survival.

00:49:55--> 00:49:58

That's the other sex and money

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

If you're careful around members of the other sex, they call the gender now

00:50:08--> 00:50:09

and you're careful

00:50:10--> 00:50:12

in your money transactions,

00:50:13--> 00:50:21

inshallah, you'll be fine. In this life, if you're not careful, don't blame anyone but yourself.

00:50:23--> 00:50:38

Particularly if you're a religious person or a preacher say, or, like an Imam, or, but it applies to anyone, just be careful about those two things, you know, and if you aren't careful, inshallah you will be safe.

00:50:39--> 00:50:45

Yes, with an example of what you talked about beneath you, if, for example,

00:50:46--> 00:50:48

you wanted somebody to do a

00:50:49--> 00:50:53

dead body of a relative of yours, you know, and then they,

00:50:55--> 00:51:02

beneath you, because that would be crazy, because it's an act of worship, you know, hijama

00:51:04--> 00:51:20

that's like, that's the business of doctors and surgeons nowadays. So, what at one point it something could be like, culturally consider the inferior a different point it would not be considered inferior. So it depends on

00:51:21--> 00:51:24

but if if I tell you to,

00:51:26--> 00:51:30

whenever I will say here it will be the rugged, assertive, yeah.

00:51:32--> 00:51:33

Hardly offended anybody

00:51:35--> 00:51:36

except the surgeons.

00:51:39--> 00:51:40

But

00:51:46--> 00:52:02

it is a no brainer. And every in every society, in every culture at every time, there are certain jobs that certain people would just not do, because they don't see the this is befitting of them. That's just like, yeah.

00:52:04--> 00:52:05

Then,

00:52:07--> 00:52:38

then you don't just sell to yourself, you don't buy from yourself, like I sort of tell you, you know, I have those like 10 iPhones. And I, you know, I bought those 10 iPhones, and I'm leaving, going back to, you know, wherever Morocco, and I want you to sell those 10 iPhones for me, you are never given, you don't buy, you know, one or two of those iPhones, you don't sell those iPhones to your mother.

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

The conflict of interest, you don't sell the iPhone to edit or edit to descendants and ancestors, and you don't buy them yourself.

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

You don't sell them to yourself, that's conflict of interest, unless you are

00:53:01--> 00:53:32

happy authorized by the worksheet, the more that you're authorized to sell them to whomever you please, including yourself and your relatives, that is, then fine. But if you're not authorized, that will be a conflict of interest. You don't sell them to yourself, you don't but you know, for to your offspring, and here as ancestors and descendants because of the trauma or trauma, which means the suspicion

00:53:43--> 00:53:50

The price is usually not determined. And then you could have also told them well, if

00:53:51--> 00:53:57

you want to sell it for our ticket, you know, and it could have been like a direct transaction in this case.

00:53:59--> 00:54:06

In addition to this, when you give something to our key and you're expecting you're trusting that our key to get the best price for you.

00:54:08--> 00:54:13

And if they are selling to themselves, they're not be particularly keen on getting the best price.

00:54:17--> 00:54:31

Unless Unless they unless they authorize you unless they tell you the seller to come every please. And then in this case, you could sell it to yourself or to your family members if they allow you if they authorize you to do that.

00:54:36--> 00:54:37

What do they want to say?

00:54:40--> 00:54:48

And some tears of buy from yourself because of the trauma or suspicion that or the conflict of interest? I guess that's it.

00:54:50--> 00:54:53

It's Tara insane and madam Yes.

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

When it's not already insane and Melania

00:54:57--> 00:55:00

jazza who just loves him

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

Manager, if he or she the agent to buy something for another without the ladders approval, that becomes a valid transaction. If the ladder agrees to it, otherwise, it's binding on the one who bought it. When it's totally insane and Melania, the level fee for jazza, who does? Well as Mr. Minister, if he or she, the agent, buy something for another without the lovers approval, approval, that becomes a valid transaction if the latter agrees to it. Otherwise, it's binding on the one who bought it. So I know that he wants to buy a car. Hi, I know that you want to buy a car.

00:55:41--> 00:55:49

And you have expressed interest in buying a car, you have expressed interest in buying, like

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

to the Camry, they still make those right.

00:56:00--> 00:56:12

So you I have expressed an interest in buying a Toyota Camry to me before and I, you know, stumble upon a Toyota Camry and buy it for you.

00:56:17--> 00:56:17

Is

00:56:20--> 00:56:28

Is this transaction acceptable now? Or, you know, you have a Toyota Camry parked in front of your

00:56:29--> 00:57:02

door, and you have expressed interest in selling it? Or maybe you didn't express interest? You know, someone came by and said, this is just such a nice car. And they you know, you're my neighbor, you know, ally, like you, you know, I said, you know, you want it, yes, how much did you pay for it? And then they said $10,000, and I figured $10,000 really good price for this car? You know, it's not worth 7000 even and then I said,

00:57:04--> 00:57:05

without your permission.

00:57:07--> 00:57:56

So what is this now? I buy it, I sell it, you know, I buy a car for you, I buy I sell a car for you, without your permission. What? What is this transaction. This transaction is called the sorrowful foodie, sorrowful for duty, which is basically the transaction of a non authorized or unauthorized agent on authorized agent, I didn't authorize you. You just acted on my behalf without my authorization scope to sort of have to do it. Now what are we going to do with this? Certainly it is not going to be binding on me by any standard by anyone. No one will say that this is binding on me without authorization. But when they validate this transaction, yes.

00:57:59--> 00:58:02

Okay, who's going to validate this transaction,

00:58:03--> 00:58:16

Hana fees, and Maliki's will validate this transaction based on what and the HANA fees they disagree? Whether it is only pertinent to seven or it is pertinent to selling and buying

00:58:19--> 00:58:30

our fees? Well, there's a disagree there's only 27 like I can sell on your behalf Can I buy on your behalf? They will disagree over this but the HANA fees will say that I can sell on your behalf.

00:58:31--> 00:58:57

But whether I can buy only the BAFTA will disagree, the Maliki's will win. Will it be okay with this the sapphires and the honeyberries are not okay with this. The shaft is Amber bodies are not okay with us. There is another position in the harmony method that will okay it'd be okay with the sun, it seems that the Magna Carta is inclined to take to this position that is not the authorized position.

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

That is like the HANA fees and the Maliki's they will approve it pending contingent upon the approval of the original person the if I approve it, they would consider this transaction to be an approved transaction. The shafter is and honeyberries said that this is not a valid transaction altogether from the beginning because the rule the principle that they wanted to cite here, and that the invoke here is the tab MLA sign the key hakimullah tab MLS and don't sell that which you do not possess. It's none of your business. You don't possess it. It's not yours, and you're not authorized. Don't be selling. That is a prohibition prohibition means invalidity. Because and now he

00:59:49--> 01:00:00

probably said prohibition would mean in validity, if you're prohibited by the Sharia from selling that which you don't

01:00:00--> 01:00:20

not possess, then that transaction is necessarily invalid. That is what the Japanese and I'm very excited the HANA fees and Medicaid can sign the hadith of autoweb ninja Verity, where the man went out, he bought the sheep for the Prophet sallallahu Sallam with one dinar, but he was not authorized

01:00:22--> 01:01:06

to sell anything. So he sold one and in some other reports actually he bought one sheep for one dinar and then he sold it for two and went back to the market and bought a you know, one other one for one and came back to the premises with one dinner and one seat. But anyway, but if you take that have eaten party that he went over because he bought two sheep for one dinar and then he went and sold one sheep that belonged to the Prophet that did not belong to him. He bought on behalf of the Prophet awesome. Now he has two sheep that are owned by the prophets Allah Allah so he sold one of them without the prophets permission when he went to the Prophet the Prophet invoke the blessings of

01:01:06--> 01:01:08

Allah subhanaw taala and his dealings

01:01:10--> 01:01:45

so the Hanafi sigmatic is have a point to hear they're saying that that's what exactly Ottawa did he acted without being authorized. The humanities are trying to come to a middle position sometimes they say that if you're authorized to do one thing you're authorized to do something that is like it. So all the way up in the Java directory was authorized by the prophets Allah settlement to purchase the sheep and he has acted within the vicinity of his authority. He acted in assertive within the vicinity of his authority,

01:01:46--> 01:01:56

but someone who is not authorized to do anything guided mapping trust you with anything I never talked to you about anything you know, you are my neighbor, how can you solve the my camera you

01:02:02--> 01:02:32

know, but keep in mind all of them will say that this save is not binding on me all of them are saying the same that the validity of the sale is contingent upon my acceptance. All of them are saying that some of them are saying you know that this is invalid even with my acceptance that the original transaction when I solved this on your behalf my setting it you know happened

01:02:34--> 01:02:35

to be invalid.

01:02:37--> 01:02:40

Okay, so this is called the solder of infidelity.

01:02:43--> 01:03:06

Certainly, like you know, the take home message here is that cannot be foodie just because it is controversial. That is complicated. Unless you're really confident that the person will be very comfortable and happy. Then it looks like if you're really confident like you're all working a job that Benepe you're prudent, you're you know what you're doing? And you found

01:03:11--> 01:03:13

a bargain. Yes, you find the bargain.

01:03:16--> 01:03:26

And you figured I'm not not gonna let my friend miss out on this, that he wanted a Camry This is a like a great car and so on.

01:03:28--> 01:03:34

What you could do is you buy it for yourself, also, you know, and then give it to him, you know?

01:03:35--> 01:03:36

So,

01:03:37--> 01:03:56

and in this case, it would be valid according to everyone, but if you buy it on his behalf without his authorization, that seal itself is an invalid state. It did not happen. According to the Japanese and Hungary's. It only happened according to the handpiece and medic is pending my approval.

01:03:57--> 01:04:04

Okay, then does he accept the monarchy? Well, we're here I mean, lava Manali FEMA

01:04:06--> 01:04:07

is a limited

01:04:11--> 01:04:21

liability the amount of the agent the agent is a trustee who bears no liability in case of damage as long as he or she does not transgress.

01:04:22--> 01:04:55

The agents word is legally trusted concerning refunding in damage and denial of transgression. So we will take his word over your word, if he's your lucky, your authorized agent, we will take his word over your word. Why? If you have no beginning, if you have no proof, and it is your word against his word, we will take the word of the word kill the Authorized Agent. Why? Because when you hire him, that is a testimony that is your testimony that this is someone that you trust.

01:04:57--> 01:04:59

We should trust him also, if we are the court

01:05:00--> 01:05:26

You hired him as our key. You authorized him as your rookie, you know who would be a better witness for him. Then you hear urine disputation. Now, see your word against his word, you have no proof. He has no proof word against word. But all we know is that you hired him as your key, so you haven't trusted him. And if we have to accept someone's word, we will accept His Word.

01:05:27--> 01:05:31

Make sense? Right? It makes sense. There is one exception here.

01:05:33--> 01:06:09

In the Hanbury method, if you were hired for a compensation, which we will come to it, that they will keep can give a compensation, then, we will still take your word over the word of the authorizer, except in one case, if you say that they returned the property to them, and they deny it. Because when you return, if he say that I returned the property, their property, I returned that to them, but they denied, they give you money, they give you property, they give you something to do something with it, you say, and I returned it to them, they deny.

01:06:11--> 01:06:34

In this case, if they were acting as you're working, without compensation, we will still take their word that you are that you return the property to the market or to the authorizer. But if you were acting as our key for compensation, if you're also getting paid or you have some self interest,

01:06:35--> 01:06:58

then then we will not accept your claim that you're returning the property to them, until you establish you prove it. Why because you cannot you should have been more careful that you this is a business now, you were given compensation. And if you took say their property, you should ask for

01:06:59--> 01:07:24

like beginner you should ask for like sort of like write something that they have received the receipt or something that they have that you have returned the property to them clear and you should always do this so that you are not always just like wasting our time and did in disputation. You should always write everything and be very careful.

01:07:25--> 01:07:38

But he said it will kill me and it will kill me meaning what a trustee it will keep me meaningless the trustee. I want you to just remember because this is an important principle. There is something called the Amana

01:07:40--> 01:07:42

and there is something called Dr. diarrhea.

01:07:47--> 01:07:48

Hi, are you

01:07:52--> 01:07:53

Yes, Amanda Ania daddy.

01:07:56--> 01:08:00

So what is the difference here? Yep, them Anna.

01:08:01--> 01:08:07

Yeah, that means hand. Amana means trust. Aria means a borrowed item alone.

01:08:08--> 01:08:11

If you take something for your interest, this is

01:08:13--> 01:08:35

the sky or mini something you borrow something from me that is for your interest in the right. You're responsible for it until you return it back to me. If it is a trust, you're responsible for it in one of two cases. One he mentioned here but the other one he did not mention but it is it is it is valid. It is applicable he did not mean to ignore it.

01:08:36--> 01:09:12

negligence or transgression, wrongdoing or negligence. No wrongdoing or negligence. Now held workI whatever the Joaquin has whatever you give the Joaquin something to do to sell or to do something with it, to fix it to sell it to do something with it. Whatever he has, this is his he had his hand and now who is possessing This is yet the amenorrhea diarrhea. Yet the Amana This is an Amana now this is a trust you trusted him with this it's not like he took it for you know for his own

01:09:13--> 01:09:18

purpose but you trusted him with this. If this is a mortgage Amanda on

01:09:20--> 01:09:43

Amanda Amanda you know if you give this as like a guarantee of payment or security or something it's still gonna have this is our Dr. You left it with me for safekeeping like Amanda Aria Amanda for sure. Amanda, you know, you You left it for me to take care of it. It's a matter

01:09:44--> 01:09:59

of any time it is called Amanda. Amanda it means what I am only liable, liable if I transgress tardy porta fried neglect tardy or free now

01:10:00--> 01:10:15

Anything else, not anything else, but when whenever it is, for my own purpose, my own interest, then it will be considered, I will be considered liable responsible for it.

01:10:17--> 01:10:23

For this I, what about the Joaquin, who's also getting paid, they were killed, who's also getting paid.

01:10:24--> 01:11:04

In some way, there is some self interest here. But in some way, you know, the initiation of this this was not like a partnership, he was still my Joaquin, I still reached out to them and asked them to do it. Can you do this for me, and I will pay you I'll give you this thing. They will consider it steady at the end, they will not consider this to be irresponsible, they will consider not consider the Joakim to be liable. But I told you one thing that is different is that when when he returns the property, if he's getting paid, he will have to give a receipt that he returned the property.

01:11:09--> 01:11:11

The property, what

01:11:13--> 01:11:13

he's paying,

01:11:15--> 01:11:21

know the property was the whatever that the authorizer gave him to take care of it, fix it, sell it.

01:11:23--> 01:12:09

Then finally, whatever. So So there were key dentists trusted that he would not be liable, except if he transgressed or neglected. What is covered Dana be available unit in Bowman in laniakea will be harder to market. If the agent pays a debt without evidence he or she becomes liable, unless the payment is made in the presence of the authorizer. So the authorizer hold money to someone. I hold money to daddy. And I reached out to Matt and told them he paid me on my behalf. Half Matt goes to Danny and pays him. And Matt comes and says to me, I paid then 100

01:12:10--> 01:12:13

and then then he denies Okay, I'm sorry about

01:12:15--> 01:12:21

that he denies that he was paid. So I reached out to him. And he told me you paid him.

01:12:23--> 01:12:29

Did you have Did you get like anything in writing? Did you get like a receipt or anything that says no.

01:12:31--> 01:12:34

I just went and pay them, then Ahmed is liable.

01:12:36--> 01:12:42

Why? Because he should have known better. He should have gotten a receipt. But if I tell

01:12:43--> 01:13:11

my pay is Danny in my presence. If that pays Danny and my presence, then I can take the blame off Matt, because I was present had I wanted the confirmation of payment I should have asked for it. They wanted the receipt into the passport. But if it goes out and pays without my printing in my absence, and then comes back and says I did not get a receipt or anything then he

01:13:16--> 01:14:10

finally admitted working the compensation for the agent to reduce it to kill Jordan will be highly. While Carla has been hasura Amazon Alexa, it's lawful to authorize an agent in return for a wage or something else. The agent was told to sell something for 10 and that that any excess is for the agent, it would be valid. So I tell you, you know, I got those thin iPhones. I'm leaving. I'm going to leave with iPhones with you. I want you to sell them for $600 each. Whatever extra you get is yours. Is this Helen? Is this okay? How many y's? Yes, only how many y's Hanafi Maliki shefa you know, because the Hanafi American shepherds will say, well, you do this as a mudaraba or you do this

01:14:10--> 01:14:29

as our cattle you just don't confuse the two. He says it is just like a MOBA. You know so the formality is not a big deal, just like a MOBA. modaraba basically here when you give your money to someone to in to make profit out of it or invest it or so

01:14:30--> 01:14:59

honeyberries buddies, you know, there is no problem here just like modaraba the herpes and medicals interface. This is confusing two different things here. confusing, awkward and Wakanda which is awkward tabara. You know, the contract agency the contract of agency is not is a benevolent contract. It is not a for profit contract. When you become our key for someone, you're here. You're doing this out of the kindness of your heart. So it's a benevolent contract. you're mixing

01:15:00--> 01:15:27

Refusing to contracts now, hand over hand very sad at the end of the day, the meaning is like mudaraba. If I say this, you know, he that is not in defiance of any principle in this area, I am telling you here, here are 10. iPhones, sell them for $650 each, and the rest is yours, or I tell you here, iPhones, sell them

01:15:28--> 01:15:32

for $650 each, and get 10%.

01:15:34--> 01:16:03

That's okay. And by the way is also For I tell you, Here are six iPhones, sell them for $650 each hand, how can you $50 That's okay, I'm very wise, or I'll tell you for every day of my workout, I'll pay you $10 for every day, you'll be You'll be my lucky. I'll pay you $10 hands, okay, so these are pretty flexible in this regard.

01:16:05--> 01:16:15

But you also see where the reward is coming from. They're trying to say that you're confusing a benevolent contract or a non for profit contracts with a for profit, contract.

01:16:17--> 01:16:55

And if you want, if you want to meet if you want this to be a business venture start from the beginning by saying this will be modaraba between us. This will be a former business venture between us send me the 10 iPhones and take 10% of the profit. In this case, it will start from the beginning as a modaraba contract and all the rules of the modaraba contract would apply to it suffered electromechanical accidents, like five minutes and then we will take your questions. I'm sorry.