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Fiqh of Transactions #18 – Reviving Barren Lands and Per-Job Wage

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Transcript

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To proceed, today inshallah we will have two chapters they're shorter chapters.

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The chapter on reviving or reviving barren land. And the Babel gyla. The chapter on pure job wages. first chapter of flat river reviving barren land.

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reviving barren land in general, the Prophet sallallahu Sallam said that whoever revives barren land, it will be his. And the reason we have this rule in DNS lamb, you know, the wisdom of this is in the book,

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many wisdoms

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one of the wisdoms is to encourage entrepreneurship. One of the wisdom is to help people that were not handed down wealth from their ancestors.

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One of the wisdoms is to encourage the development of the land, the stewardship of the earth, stewardship of earth and the good development of parents is a cultural mandate, any job in philosophy, I will you know, make a vise jiren on earth

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and

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to spread out

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and to basically, it would be good for the economy

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certainly grow the economy. So many many reasons why this is a this

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ruling

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is

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is good for this community.

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Then in Alberta, Moroccan Allah who died in the year 620 after Hydra seven his book on the

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under the chapter of reviving barren land or not well out of the way he allowed the Sierra to let Ely or akula Malik.

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This is about wasteland that has no known owner. This is about wasteland that has no known owner from an America.

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Nicola Salama here then made it unfair here.

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Whoever revives the owns it according to the Hadith of the Prophet sallallahu Sallam whoever revives barren land shall become the owner of the land.

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This was reported by Timothy and Timothy consider that has reliable well he imara to have the metadata he will be he'll do minha

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sweetie Allah what's up Tina Elijah

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Zahra McCullough yesterday, our daddy had many Ottoman horsea was a

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revival of a land means preparing it for this the desired activity such as in closing it.

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profits are seven, seven and a half, eight another danger here that whoever enclose the piece of land with a wall, he is

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enclosing it. This is a controversial thesis reported by Madden.

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But it is a controversial hobby some some conservative reliable.

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Scholars do accept the meaning of these because that's one of the ways that you would be claiming the line. So, this hadith is secondary is basically not initiating the primary ruling here. It is the talking about the sort of the conditions of the ruling that was established by the other parties, which is whatever revives a barren land that should be his

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Masaki may have such as enclosing it can be conveying water to it in order to cultivate it and or removing trees and stones that prevented cultivation. Basically, it is not like yours You can say this land is mine.

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You will have to do something, you know to own it, to claim it and to own it.

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Now, so the Prophet statement is an absolute statement right is not qualified.

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Whoever evolved the barren land the chubby is

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what some of the scholars have quantified it

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is upon the permission of the Imam for sororities upon the permission of the Imam or authorities. But how do you qualify it when you don't have something to qualified by an absolute statement? How do you qualify the absolute How do you specify the gender without

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evidence? No, they said they have evidence the Hanafi said they have

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Maliki is also qualified. It's not only the Hanafi,

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the Hanafi is qualified it in all, in all conditions, whether this land is far away from the inhabited areas close to the inhabited areas, any land,

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you have to take permission from the human from the authorities to claim the length, you have to take permission from the member for these to claim the land. So how do you qualify?

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You qualified by the concept of Muslim concept of public interest? You say that this must have meant that otherwise people, particularly rich people, particularly nowadays, can you imagine without the hanafy position, no state will be able to afford to

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let me take this back.

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I don't judge anything, but it will be very hard for any state to take the Sharpie or somebody's position and allow any company or entity to disclaim any land and build a wall around and own it. You know, the land is owned by the state. When you get into a social contract with the rest of your coasts, citizens, compatriots, you're agreeing to give up some of your rights to get into a social contract that will bring you out of the wilderness into civilization. So that social contract gives the state some powers and authorities we've always in Islam recognize the powers and authorities of the of the state. We've always recognized the power of the authority of the state, because we value

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civilization and

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that we could try and give specially you know, give the voter whole lecture dedicate a whole lecture to that issue.

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But

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so that's what the enemies are say that this is a command. So they have the canopies understood this when they said that this is pending the

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permission of the man. They said that this speech, although it is directed at them in general, but it is directed to the through the Imam so it is the property of Solomon saying to the Imams let people own the land, they revive unless there is a reason to not let them own it unless you deem it inappropriate unless you deem it counter to public interest, but make the default such that you let people and that's a point of agreement between all the four MMS, this is the default, the Imam should allow people even in the canopies according to the Hanafi madhhab. According to the handpiece, the Imam should allow people to own the land they revived.

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But then you may say that the canopies are allowing the man to regulate this to regulate it. So that it is not just like comes completely out of control in any company can own take any land and own it and, you know claim it.

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The Maliki's agreed with the Japanese companies if this land is really wasteland far away from inhabited areas, but it is close to the territory of the city or to the inhabited areas the medic is they need the permission. If it is close to the city. They need the permission from the man so they agreed with the canopies

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when it concerning land that's close to inhabited areas. They agreed with the Sharpies and embellies conserving land that's far away from inhabited area. Nowadays, because of public interest, the Shafi and humbly position are extremely hard to adopt by any state. Therefore, the hanafy position seems to be the most practical

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for any state

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and happy position is not to not allow people to own the land they survive. It is saying that this address is directed at the mams authorities to allow the Imams allow not automatic, it's not like you know they're going to go and revive it and automatically becomes yours. But the Imams will allow you because of that command from the Prophet sallallahu wasallam what allow you to take the land to own reclaim the land that you have revived

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with whatever regulations they deem to be appropriate for public interest.

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Okay,

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then the chief said

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when hover RP have been around for us Melaka harima will come sooner. They're on Main College in Canada.

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The Hollywood buddy handset tune Why should owners

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when they are unvaccinated Melaka Halima, when someone digs out their will and reaches water, he or she becomes the owner of the distance of 50 cubits qubit is there are about 48 centimeters, from all sides of the well, if it is read

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as four and you will, the distance is 25 cubits, if it is newly dug.

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So, you dig a well

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and then

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a radius of 50 cubits will be yours.

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Why? Because that is what it took to get water out, you know the rope and all of the equipment and the rope and so on. So, that will give you a room basically to utilize the will, for 25 if it is a new will, if it is redone, it is 50

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if it is new, it is 25 What's the difference? It probably took a lot longer rope to get water out of the read dog Well, the cool the car the year in reference to the tribe of

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the Arabs at the time, whenever they wanted to say something really ancient, they would say I the meaning, you know from the time of iron. So it just means all that means ancient. So it's a well

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that you read them. Now you get 50

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cubits around the year, you can claim 50 cubits around the reference radar if it is new, you get 25 Well, the 50 and 25.

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This was reported by cyber Messiah from the profits on Southern directly.

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So cytochromes I've never seen the prophets awesome. Messiah Messiah was one of the most sort of

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the greatest and greatest scholars of Hadith and so on. So murase inside, which means that the hobbies that the side reports directly from the profit without mentioning the companion, they have a little bit extra strength in them the morale of others.

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And

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the morale in general, the most of hobbies in general maliseet would be plural of Morrison, Morrison Hadith in general, they are not outright rejected by all the scholars. But most of the scholars of Hadith do not accept the more said they're not accepted, the more said unless it is corroborated by another more said or by the statements of the Sahaba there are certain conditions that you study in masala Hadith, for the acceptance of more said by the majority of scholars of Hadith. Having said that, certainly this hadith would qualify for a mathematic act upon because a mama would act upon by hobbies, but by even his sense, is not the metric it is not the rejected.

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But, but this would qualify. So how many ways this would be absolutely justifiable to count on this Hadeeth for this ruling,

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modern application modern application so what do we do in modern application?

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People will have different takes on this. Some people who are more literalist, they will stick to 50 and 25.

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Some people will say that 50 and 25 was meant to allow for drawing up water from the whale and allow for the rope and the equipment. But if you can have a little machine here that pulls up the water, then all you need is basically sort of whatever, like two meters around

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to pull up the water.

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And that would be a valid interpretation. That would be a valid, sort of,

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it's the head

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of others. Yeah. Looking at the intent of the legislator looking at the Mark said, of a setup. It would be valid.

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Now

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we're done.

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We're done with this chapter. Simple.

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Chapter isn't it?

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What we learned from this chapter is that whoever revives a barrel man, nowadays, all the states are taking the happy position that

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they should be allowed by the authorities to own it.

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Unless it is counter to public interest, but the default is that they should be allowed to have a secondary sense without the permission of the man, you just revive it and becomes yours. It's automatic. The man has no say in this. Authorities have no say in this, but certainly in our times and go convince any state

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that

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okay.

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Now, the next chapter is a little bit longer. It's Babel gyla. It is the chapter on pure job wages.

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In Abracadabra, Allah said, Well, he only akula Luca Tati, Alba Letty how Benelli has a fella who gather

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chapter on poor job wages john, an example of poor job wages is when someone says I will pay such and such to whoever finds my last item, or I will pay such and such to whoever builds me this wall.

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You know what john is john is prize money. JOHN is prize money.

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You could say compensation prize money.

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Jana is a form of HR

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is a form of HR. We said before, HR means two things. If it is services, you're hiring someone to provide services for you and you pay them for services. If it is a property, it means renting or leasing, your rent to lease it's called the Giada. Still, so the two types, the IRA is what is a form of ijarah but which ijarah services services, it's a form of the service either

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we will come to the chapter of ijarah and we will talk about the conditions of ijarah.

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So, if we are saying Java is a type of a Java, what is the difference between Java and a Java there are certain differences. One, first of all, the IRA is permissible according to the to the Hanafi set, it is not.

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But here we will take the Johor site, because, you know, the Hanafi position will make it very difficult to, you know, more sight is much more practical, and also supported by the evidence. So the demo

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let's describe the IRA first, and then we talk while we talk about the disagreement over the ruling of gyla. And whether it is permissible or not gyla is to say if you build me this wall,

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you get this much money.

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If you fix this for me nowadays, it's much easier you get a plumber and you tell them if you fix it, you get this much money. If you don't fix it, you don't get anything.

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Or if you find my last item, you get this much money

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won't even be able to buy one of these I sort of use of whoever finds it forever finds the cup of the king

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will get a camera load of goods. And I guarantee that and I am the guarantor of that.

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That's Jilin, isn't it

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is shadowman Nana is the legislation of those before us. Legislation before us. Controversial the majority said it is given two conditions. What is the first it was conveyed to us in the Quran and Sunnah not conveyed to us through the Bible. Second is what it was not abrogated by the Quran or son.

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He made those two conditions. And then the Buddha would say what shot all my plants are on Lana, this is the legislation for those before us is a legislation for us, if it's conveyed to us on the ground, and so now, it was not abrogated by the President. Okay, so here, what it means having a criminal value out of ease, I'm whoever brings it, the cup of the king produces it, you know, brings it forth,

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who gets a camel's load of goods, and I guarantee you that

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so

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That's a form of form of Jada. And then the chief will also give us like, the heartbeat of that idea, or the person who was founded by the snake or scorpion.

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But his agenda is to say this, so what is the difference then between Java and Java, the Allah

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the word, which is the subject matter of the contract

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is not known.

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Whoever finds my last item will get such and such, how much work does it take to find your last title,

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whoever fixes my car, whoever fixes whatever parts of my car,

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the transmission,

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when it gets such and such, how much work, we didn't agree that that doesn't work in in Java. In Java, we're talking about a specified time,

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you know, you become my idea, fast specified time or something that is have sort of, not necessarily a GL class, not sort of my employee, but even if you work per piece, like a tailor,

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I give you like, fabric to make a garment of it, the work is, you know, straightforward, right? You know, it's not so work here in Java, we don't know how long it takes how much it takes.

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The second thing in Java is what that is not identifiable,

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the worker.

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So, it's an interesting contract, because you're saying whoever does this for me will give that and even if you don't agree with an in particular individual, you say whatever does this for me, whoever finds my last item, when it gets such and such,

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how to talk to a particular person any person who finds your item would be entitled to

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such and such also

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enjoy

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the duration is not specified duration is not specified. And the jamawar of the metric is and Safra is will say cannot be specified either, but when I say according to the honeyberries the duration may not be specified

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in a jar that duration has to be specified right.

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Finally, in gyla, the contract is arc the J is not less than it is a non binding contract

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non binding contract in a jar it is less and more jazz lesson,

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once we agreed on the rent or the service it is binding,

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but, in diala it is not binding whoever finds my last item, when get

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such and such and then tomorrow, you have not found it yet.

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Tomorrow, I say I'll take it back No one will get anything

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or then then it is it is okay.

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When we

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we can defer this until the end.

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Yeah, well, I want to expand on this a little bit, but we can defer it until the end. So, these are all different

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sort of features here between our anxiety and our editor.

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The hanafis looked at this and said no, this is too much. It is it is excessive risk taking,

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you know, work is not known worker is not known duration is not known.

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No this is too much not known here. So, it is not

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the gym horse

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that because of the benefits and this because you know

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because of this area and because of the hobbies that he would mention, and because of the benefit and all of that this

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is tolerable, tolerable, because he would say from emphatic as tackle, Allah, Lima Raja Abu Saeed. Anyone who accomplishes accomplishes the task will be entered.

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trouble for the wage. This is supported by what Apple Cider could regenerated about the chief of a tribe who was who was stung or bitten by a snake or scorpion.

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That he says and the government loaded on minimum fat I was having a visa setup for chirohealth ecoman rock for Karla

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Karla pachala Roger on minimum yaka ob Fatiha.

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Yrp we actually had

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access to the venom was Edwin dedekind visa pseudonym for Karla with the Commando autopia, who was a bully Malcolm

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after So, the guy who is the Chief of the tribe was stung after refusing to host Southern companions of the Prophet sallallahu Sallam who were on a journey. These tribe members asked the companions Can any of you treat him with autopia the companions replied, not unless you pay us. So they agreed to pay them flock of sheep. One of the companions started reciting sort of the Fatiha the first chapter of the Quran and gently you know sometimes the editor he like forces things on me what anyone who reads this book will understand that that the Fatiha is the first chapter of the Quran but they want to make it readable by the general public you know sort of non Muslims also and stuff lines

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in there the photographer shutter or and gently blowing his saliva onto this thing, goon until he the patient was cured.

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They took the sheep and went and they asked the Prophet sallallahu Sallam about that with our taking payment was local. He responded, how did you know it it the Fatiha is in fact the European take what you were given and give me a share of it. Give me a share of it to confirm the wholesomeness of the price to confirm the wholesomeness of the price

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and to confirm and not only the wholesomeness because it could, you know, he would have not told them take it unless it was wholesome to confirm that it is not.

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It's not suboptimal.

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It is not less than virtuous, less than dignified, you know, because Have you not taking some people would upset but this is still inferior, suboptimal, you know, South Africa, less than optimal, etc. But if the prophet SAW Selim said, Give me a share of what you have taken, then that rules out the possibility.

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So

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this is like going to the doctor and telling me, you know, if you fix it, you get like, you get paid, you don't fix it, you don't get paid.

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So that is the proof of the that's the proof of the majority, this is sort of use of this hadith disapproves of the for the majority. And that's how these obviously, they refuse to host them. And that, you know, in that in that environment, that was so offensive beyond belief.

00:28:28--> 00:28:44

They refuse to host people do you remember sort of further sort of calca the story of a father and sort of, you know, the second encounter, you know, when they went to the village, and they refuse to host them? And then Moses said to other, why did you

00:28:46--> 00:29:38

erect that wall? Why did you erect that wall? He could have taking compensation for the that's what the Sahaba did. They did like Musa suggested to other you know, if they refuse to host you, they were so serious, so offensive to refuse to host you, because hosting people in that environment was a matter of survival. You know, when you travel across the desert, if people are not kind to each other, and you refuse to host people, that is actually subjecting them today to the mice. It's not it's not, you know, an easy thing. So for the Arabs to refuse to host people, travelers wayfarers, that is extremely, extremely offensive.

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So,

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this is the the proof them.

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Then the six. What I want to talk about on locata cobbler any blogger who has to heckle anyone who happens to find the last item before now in golf, the wage or compensation would not

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deserve it. Anyone who finds the last item before narrowing about the wage or compensation would not deserve it. So the person who you know, you found, you found the last item, before you known that there is a prize for finding this last night. Now you're not part of this contract. You don't deserve the price.

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Because when you find the last tight and your obligation is what?

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Return it to the rightful owner. That's your obligation. No one is, you know, so you're not doing anybody a favor here.

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But if someone said, Whoever find my last item, we'll get that price. And then you act upon this and look for it and find that you get the price, you're entitled to that price.

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Now, we said, this contract of Java is a non binding contract, meaning anyone can take it back. None by the heart of the J s versus aka the Lazarus aka the J is. According to the heart, the jazz means any party can withdraw from the contract without the approval of the other party without the approval of the other party. Now, if I am the worker, I can say what am I interested in this anymore? Walk away?

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If I am the

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employer

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or the person who asked for the job to be done, I can say, you know, I'm taking it back. You have not finished here. If not finished yet. You will have not found my last item. You have not finished building the wall for me. You have not finished fixing the transmission for me. I'm taking my car. It doesn't you're not entitled to anything. Okay? No, are you not entitled to anything? You are?

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If it is the worker that is for an hour from the contract, if it is the worker that is pulling out from the contract, the worker is not entitled to anything and that's understandable. It is the employer that is putting out from the contract now the workers started working the workers started working the worker built you half of the wall

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do they get compensation for half of the wall?

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No.

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bid, they get agitated Miss customary compensation for the work you've done.

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So

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Katya de boo, Elmo, Santa Fe, fee. Sahil, he

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missed an outcome upon FIBA

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offensive defensive

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which means what?

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If Alamosa the specified?

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specified compensation

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if you get into a contract where the specified compensation becomes a binding

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FISA hey if the contract is valid,

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then after the contract is facet said if the contract is faster meaning game valid.

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Well,

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then you're entitled what what are the means because becomes a binding is compensation in method is the equal it is the customary compensation. It is the fair market compensation customary compensation for that work. Let's say I told you, it is $200 to build this wall for me.

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And here are the work that you have done the U is estimated at $75. You get the $75 you don't get the 100 which is one half of the wall.

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You get the $75 fair market value, fair market value for the work that you have done.

00:34:39--> 00:34:59

If you finished that you get the 200 you can go back and say I take it back. You will get the customary compensation. No we agreed on 200. We agreed on 200 I get the 200 because I'm done. I found your last item. I finished the building the wall for you

00:35:00--> 00:35:06

Do I fix the transmission of your car? I get the agreed upon amount.

00:35:07--> 00:35:09

Now, a couple of issues here.

00:35:14--> 00:35:16

One is,

00:35:25--> 00:35:30

okay now, a couple of pages that we're wanting to, you know, for sure, I

00:35:32--> 00:35:36

don't want to forget this one if we there is no agreement, no agreement.

00:35:39--> 00:35:43

But the other issue that I wanted to talk about before Oh, duration,

00:35:44--> 00:35:45

duration, a

00:35:46--> 00:35:49

couple of issues here. First issue is the duration.

00:35:50--> 00:35:55

The default for accidents is that you don't specify the duration.

00:35:56--> 00:36:17

Because that's what it is about we the work, we don't know how long it will take how much work it will take to fix the transmission of my car. You know, in the past, this used to work for find my last item. You don't need to specify the duration rate. You know, whenever you find that, bring it back, I'll pay you this much money.

00:36:18--> 00:36:26

The magic is in chapter is sort of insisted on this. You cannot specify a duration.

00:36:27--> 00:36:37

You could always you could always say I recant. heist high ticket back because it's a non binding contract. Why do you need to specify the duration?

00:36:39--> 00:36:42

You know, you could almost say I'm just I'm taking it back.

00:36:43--> 00:36:46

The Hanbury said you could specify a duration.

00:36:48--> 00:36:54

And that can vary position is very important nowadays for naramata fee, late fees.

00:36:55--> 00:37:03

We said late fees, if what is binding on me is money. I can charge I can be charged late fees, because that would be a debit.

00:37:04--> 00:37:23

But if it what is binding on me is a service, a product, a job to be finished, like say I agree with a contractor, for instance, to build a wall for me. And it takes a couple of weeks. He takes six months. Well, it's you know, I'm hurting.

00:37:24--> 00:37:33

Can I ask for naramata? here late fees? Yes, I can ask for compensation because,

00:37:34--> 00:37:50

you know, is there a delay? Nowadays, no one can work without that Hanbury viewpoint. He just he can. I mean, you have to determine a duration. Otherwise, you say that you bring in someone to paint you're

00:37:52--> 00:37:57

in Egypt, for instance, you bring someone to paint your apartment, and then

00:37:59--> 00:38:00

they take a couple of years.

00:38:02--> 00:38:29

Because they, they pick up other jobs on it, you know, and going all over the place. So so you have to say, well, you have to do it within a month, if you don't do it within a month. So so it opens the room for late fees. It opens room for late fees to actually penalize the worker if they are late.

00:38:30--> 00:38:31

Okay,

00:38:32--> 00:38:52

so that's the first one. So you could specify duration, how long was the dial, you could specify the duration? Oh, another one is percentage. So we said in Java, we said in Java, that you have to specify the compensation.

00:38:53--> 00:39:20

And that's agreed upon by medical Sharpies from buddies. How many's added that little bit of flexibility to this according to one variant report that is not the authorized. So according to the authorized the view of the theme of that permit, Johanna in the first place, we said that we're not talking about the 100 thieves from the beginning because they don't allow the whole thing. So when we talk about the gym hoard here, we're talking about two artists three.

00:39:21--> 00:39:50

When we say do more, we're talking about two out of three because the canopies are not allowing them the entire thing. Okay, so the magic isn't Java is and honeyberries. They all agreed that in Java, you have to specify an amount you cannot basically designate a percentage, not C or a percentage. You cannot say if you find my last item, you get half of it.

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

You can say that. That's according to the authorized view of the theme of combat ease said you could

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

Another embellies

00:40:02--> 00:40:07

weaker report within the combat emails hub said you could do that. Nowadays,

00:40:09--> 00:40:12

a lot of people resort to that resort to that.

00:40:16--> 00:40:25

The last point that we wanted to say is if there is no agreement. So now I, you know,

00:40:26--> 00:40:35

someone, someone, you know, like, if you go to train station, for instance, I use Egypt because that's where I'm from.

00:40:37--> 00:41:01

I don't know if that happens here, like a train station. And then you have like two heavy bags, or actually the airport. Now that they have the dampers, because they should be working for free, they go to the train station and someone is waiting by the door of the train, you come down with too heavy bags, or you come off the train was too heavy bags, and someone picks them up from you.

00:41:03--> 00:41:23

They pick them up from you, there is no talking here. Let's say that you're definitely. So someone to take the two bags from you, and walked next to you to your car, walked with you a mile to your car or to the taxi or whatever. And then

00:41:25--> 00:41:26

there there's

00:41:28--> 00:41:30

there was no agreement. Right?

00:41:31--> 00:41:36

There's no agreement. So the majority said, you could actually walk away.

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

He could just take your bags and walk away. There was no agreement.

00:41:46--> 00:42:19

But there is a hungry view that to two scenarios here. You're there without an agreement, you're bound to pay the person. One is the case of emergency. If someone saved your property from fire, for instance, walked in and saved your property. You say there was no agreement. But had I waited to agree with you or you would have lost the property is Betty say here that he's entitled to this, he's entitled to customary compensation.

00:42:20--> 00:42:33

The other one to some some people in the mother have say, you know, it is still controversial, some people in the map say, if the person is known to perform a particular job,

00:42:34--> 00:42:54

and you permit them to perform it, he needs to perform a particular job for for compensation for PE and you permit them to perform it, you ought to pay them a geometric customary compensation, customary compensation, because this guy who was waving

00:42:56--> 00:43:08

it is it is given it is understood it is an implied thing non written that, you know, when he takes you all the way to your car, that he will

00:43:10--> 00:43:12

want some compensation of some sort.

00:43:13--> 00:43:22

And that brings us to the end of this chapter and it was not, you know, it was not too hard to finish two chapters today because they're shorter.

00:43:24--> 00:43:24

And

00:43:26--> 00:43:30

that's it we have, sometimes a lot.

00:43:33--> 00:43:33

They

00:43:34--> 00:43:42

will allow we allow the people, you know, five, seven minutes to leave and then we'll start the questions and answers.