Fiqh of Transactions #19 – Lost and Found Property and Foundlings

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Hatem al-Haj

Channel: Hatem al-Haj

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To proceed, so the plan inshallah you know on the 30th will be off

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23rd which is next week we were on we will have a class next week on the 23rd inshallah and the 30th will be off and then we will come back and resume our classes The plan is to try and finish the financial transactions of fireproof commerce

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prior to Ramadan rather than the beginning of Ramadan inshallah so that when we break for Ramadan then we come back and start the fact of inheritance

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which will be followed by the Falcon family followed by the Falcon foods hosts

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and then penalties they had judiciary in this order

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we've gone over the triple family before but we'll repeat it so

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the fact of inheritance I'm not quite sure you know if people will be interested and

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interested.

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So Java that will be after Ramadan will go over the fact of inheritance.

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But

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you know, today inshallah we will have two chapters.

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We're not in a you know, it's not because we are in a rush, we want to finish before Ramadan, but these two chambre chapters are somewhat smaller chapters not much going on.

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There's always much going on, in fact, you know, it depends

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on how they're related. Anyway, I looked online and lucky.

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You could see the similarity in the structure of the two words because they're coming they're coming back from LA kata or Takata. Which means to pick to pick luck out of Takata to pick so when you pick up something

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so look at is something that you picked lucky to something that you picked but because they are different, they are given different names. This is a property that you picked up. This is an abandoned child that you picked up.

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So locata is lost property Lost and Found property and Lafayette is an abandoned child that was found by someone it's called foundling, so lost and found property and found links.

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First the chapter on a local herbal Nakata Lost and Found property.

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Kodama Rahim Allah tala who died in the year 620 after his return so then his book alarm then or on the

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way out I said after the outro this Lost and Found property is three different types. Haha.

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Mata Ki loopy moto Juju aku Winterfell be motivated de family probably Jabberwocky Alon Rasul Allah Rasulullah sallallahu Sallam philosophy was salty one happily as

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you're talking to her Rajan interview be there are three types of Nakata First, it is it is permissible to take something of insignificant value and benefit from it, use it without announcing it. The proof for this is the statement of Jabba the Allahu the Prophet sallallahu Sallam permitted us to pick up sticks, whips, ropes, and similar objects and to benefit from them sticks, ropes, webs and similar objects and to benefit from them.

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Because otherwise it would be debilitating if you will have everything that you find if you find like a diet or five cents or something on the floor and then you will have to announce it for a year go every is like would they to the mustard and announced it that is the meditating you know. So things of insignificant value jabber said and this was reported by a Buddha who then controversial authenticity but the scholars act upon it. And the Prophet sallallahu Sallam also was an asset that the prophets of Salaam was walking and he found the date and he said Lola near half a sadhaka like hell to her had I not feared this from the dates of South Africa, I would have eaten it without

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announcing it. So if you find like the you know, like tangerine or orange, banana Happel in the masjid for instance.

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Not necessarily in the masjid. have to ask for permission if it is if it is in a in an area where like

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owned, but if you find that in the street, you can eat it without asking.

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But if there is if you if you think it belongs to somebody or if you think a permission is needed then you need to ask for permission unless it is customary that that people can you know like when when some people leave like candy for instance in a bowl

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You know, it is customarily known that this is just for anyone to have.

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But if you find something that is that is left in the street a property that is left in the street, then what matters here is the scholars you know say when it comes to

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that which is insane of insignificant the value because what is meant by insignificant the value, you remember the also the the codification of the legal Maxim that we addressed the Before we discuss the before. Now, let me show you how to get out of that which has not been designated or delineated or the market or as specified by the shadow well the

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sort of delineated by a lot of which is the customs normative customs

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or people's norms So, whatever is considered to be of any significant value and they say and significant value would be Nana bow who hammer most often ness mallets bow who him mo outside and as Haman is from him drive you know outside is from Masada middle plural of was admitted NASA's people mad at bowel that which is not followed. So you know, meaning that average the average person would not be searching for it will not be secret at pursuing it looking for it if he lost the average person would come back you know if you see if you're driving down the street What is it called? has gone to Park Street

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Alton Avenue and you find for instance a goofy

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you find that goofy? Can you pick it up and take it your arm like that you likely can pick it up and take it Do you need announcer like you don't eat Announcer The average person would not come back and look for it

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right

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depends on the person

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anyway, but but you get it because we can disagree from a you can finish the whole hour disagreeing over this, what the average person will do.

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But but that is that that is the the parameter here

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the average person would not be looking for the average person would not be looking for it. During the time of the prophet SAW seven they gave those examples, sticks, whips, ropes, things of that nature.

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That's the first thing so he there are actually three things that he will say things of insignificant value.

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Actually, you can make it a

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binary division here and significant.

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And we're done with this insignificant value, take it use it, don't worry about

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there is one caveat here. If you still have it, and the person comes back and wants it and you still have it, you have not disposed of it, you still have the actual thing guy in the matter, then you have to give it back to them. The actual thing, okay, but if you've disposed of it already, you're not. You don't have to give them the value of it. You don't have to compensate them for it.

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Now significant is two things. So that's the total will be three significant is two things. One thing is animals

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that can defend themselves, you know, animals, large animals, large animals that can defend themselves.

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to large animals that can defend themselves things that are like, you know, heavy like a pot that is so heavy and and if you leave it, no one with

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Just pick it up and take it, it's gonna be there until someone comes back and looks for it. So, things of that nature, you know, nowadays cars in the street, you know people

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it's not local. So,

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so large animals that can defend themselves and then here would be other significant things which is you know smaller animals

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and any property that has value property of value

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okay. So, the these are the three are insignificant, significant with large animals that they can defend themselves or things that will not be taken, you know,

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and then smaller animals and property of value would be the third thing and that she accepted here in terms of the second which is large animals that can defend themselves at any higher order the antennae are going up, see even cigars, Sybil can a video of Heidi when we're second, an animal such as a camel, or a horse capable of protecting itself from small predators, small predators, and certainly small predators, because no one will be able to protect themselves from a lion or something.

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But small predators, it is forbidden to take such animals. This is because the Prophet sallallahu Sallam was once asked about stray camels and he said,

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Follow

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the enemy's circumcision on balloted a bid for cosmetica. The hammer is a

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terrible shutter hat.

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Because the Prophet sallallahu Sallam was once asked about stray camels, and he said, it is none of your concern. stray camels none of your concern. It has its water reservoir, and its feed and it will reach water and drink it and eat off the trees until its owner returns to it until it's ordinary returns to just leave it it will be able to protect itself from small predators it will be able to fend for itself it will be able to sustain itself. Leave it Don't bother it. And this was reported by Mario Muslim from has a different color the Alon

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woman Africa has lamium liquid azima de mano, what am Jabra en la vida de in an email, wherever it takes such an animal does not own it, and is held liable for it, the person would only be clear of liability after surrendering it to the Imams deputy or the proper authorities.

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Okay, so large animals now, large animals, what do you do?

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According to the combat emails, have you leave it and you if you take it, you will not own it even after you announced it for one year. And if you take it, you have earned committed wrongdoing. And you will be liable for the price of this animal. Even if you are announcing it.

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You'll be liable in the sense that you if the animal dies without your negligence without your transgression, which is the animal dies, you owe the you

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you owe the man the value of this you owe the owner, the rightful owner, the value of this candle because you should have left it, you should have not touched it. So you're liable, you're wrong. And the only thing that will clear you of liability is to surrender it to the Imam or the deputy in

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surrender into the memory of the deputy man or if it was lost the value of it, pay the value of it the Imam or the deputy female. That's the only thing that will clear you. Now

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the Imam means authorities By the way, the man means the authorities. So whichever authorities are there you just forget.

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So the best thing that you do here is just give it to the you know,

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a either leave it or give it to a member and we'll come to discuss their disagreement over this this ruling that Hmm, or the authorities, they have the right to pick up anything. Anything had not announced but not take it for themselves. They'll have the right to pick up anything and keep it Horace

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Sell it and keep the value for the rightful owner if they showed up, but the Imam does not need to announce it. Why is it that the Imam does not need to announce the authorities do not need to announce it because the natural thing for someone who lost the property is to go to the authorities. So that the person who lost the property is the person who is to go to the authorities and ask about his property or her property, not that the authorities will go out to the massager, then an announcement.

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So, but then, there is this ruling regarding large animals, where the Prophet sallallahu Sallam said this, this is a particularly interesting disagreement. Because now

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last night or the alarm, who

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during the time of the alarm on home,

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was man told them to pick them up to pick camels up his stray camels to pick them up and to not leave them. And as amended this rhodiola on who not basically the define the command of the profit cells or not, but rather, Heart of recognition of the change of times change of circumstances. So he said he figured that the monarch here is the best interest of the rightful owner that the ruling hitches on or hinges on the monarch. You know, whether you know that which is the effective cause, effective cause here is the best interest of the rightful owner, the profit zone and said leave it because if you leave it, if you if you pick it up, if you take this rake cabin and the rightful

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owner comes back, they will be this may upset, you know, worried about the camel until they find you. Maybe they will not be able to find you know, just leave it you know, they come back and they find the also they may need that you know if you if you find it in the desert or something and you pick it up, they may need it and now they'll have to walk maybe they can't walk. So just leave it alone. In the you know, the owner will find it to find the owner don't find each other. And that is the best that was the best interest of the owner at the time of the prophecies are the most manfield that nowadays because of Medina has become a cosmopolitan city by the time of us men are the Allahu

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versus the time of the prophet SAW Selim when it was the exterior of a small town.

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And there were many people in Medina during the Thanos none of the other Anu that were just like, sort of

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not originally from Medina and the the fear that maybe there is more theft, just less honesty than the time of the Prophet Hassan excetera, etc. So of man's pick them up, take them, give them to the authorities announced all of us.

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So, then the scholars disagree. Sir Safra is and embodies these

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they maintain the original one the original ruling is leave them alone.

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The Hana fees said no pick them up.

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The Maliki's said

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nomadic is sometimes like to be nuanced.

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So they said if it is close to town, close to zero it is different from being in the desert or close to town, close to town and pick it up being out in the desert, leave it so they agreed with the Sharpies and cranberries for the out in the desert out in the wilderness. And they agreed with the HANA fees and for those close to town.

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So nowadays

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Yes.

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It is a wild animal then if it is a wild animal and it is a local car. It is lost and found property if someone had already caught it, and it ran away. But if no one had already caught it and it you know, and you're the first one to catch it then certainly yours.

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But we're talking about domestic ones here

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we go. So you could do the you know the path

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Work

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says sometimes like, as I said, you know, patchwork is not a problem

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between them as a happy you could say that let's we can maintain the shafia Hanbury position as the default because it is the outright statement of the Prophet sallallahu Sallam and then if we fear, if we fear that it may be stolen, if we in our assessment and our judgment, we fear that may be stolen, we can take the hanafy position and then the medical position will give us that new ones you know, when we when should we be more afraid that it will be stolen,

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if it is closer to town, and then you know, it is the likelihood of it being stolen would be greater than if it is out in the desert also, for this closer to town or if it's out in the desert or the wilderness, the rightful owner may come back and really wanted to complete their journeys or just leave it and so on. So,

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that would be permissible. So, large animals you know, this patchwork would be even permissible, because as we said before patchwork is permissible unless you come up with a position that will be in conflict with everybody and you know, counter to the consensus

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or you use double standards, you move back and forth between positions basically, for yourself interest, so, he use like a you know, whichever position that whether I agree with your self interest and in this case, it would not be the patchwork would not be permissible.

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Okay, so you will not own it, if you take it, you will be liable, you have to return it or return its value.

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You have to give it to the Imam and you know, all of the facts of this chapter is basically pushing you to just give it to the authorities because otherwise it is really complicated. It is complicated and if you think you found something and then you really

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you know, don't get too excited if you find something that's what they're trying to tell you here, because it belongs to the rightful owner. Whenever they come back it will be theirs.

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So don't get too excited.

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And

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then certainly in my head in my head, which is the covenant non Muslim is like the Muslim in this regard because the prophet SAW Salah said lay ahead with would have been minister bail him out of the LA you are local to the y de la de esta neon. So the Helloooo Naveen minister

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every kid every predatorial animal with with canine teeth is not permissible meaning not permissible to eat and domestic donkeys are not permissible to eat and the local government lost the property of the covenant non Muslim is not permissible to take unless they give it up they abandon it or they give it up and even if the Muslim abandons it or gives it up, then it's it's yours.

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Okay.

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And that's the that is by the way all the time if the Muslim abandons their camel

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you can take it you know if they if they abandon their camel because they just can't sustain it and the left of in the desert and he found he found it and they just can't feed it to the abandoned

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or they you know, then you can take it because then you you're actually is sort of like out here Martin. It is like someone who gives life to or saves the life of an animal and then it becomes yours.

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Now that she then said the third type he said fellas medx took the metal mineral as man when metal on heroin and let the lamb gentlemen cigar Sybil

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Zhu Zhu Agatha, where the Buddha before he met Gemma and Nazca as well, web and massage it. Sir the valuable items significant sums of money, property and animals that cannot protect themselves from small predators. It is permissible to take these things but one must announce having found them for one year in public places such as the entrances of the markets and

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mosques.

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insurances, he said the insurances so if this is the this is what he's talking about number three now smaller animals. If you found

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sheep or goat or something, and property of value.

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If found the laptop, for instance, then what you can do is you can take it, you can take it. In this case, you will need to announce it for one year. He served.

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He announced it for one year.

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And this announcement for one year.

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they disagreed over, you know, the frequency of announcement and one of the ones that said this is suggested scheme for announcement is once a day for one week, once a week for one month and then monthly for the rest of the year, once a day for one week, once a year, but nowadays it's a little bit different. The type of announcing is different than the said that you announced that in the markets at the entrances of the massagin entrance with a message so you stand here and announce it because they did not allow announcement inside the masjid. They did not allow announcement inside the masjid because it massage topiary. mustards were not been built for that purpose. The Prophet

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sallallahu Sallam said,

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Man Samia, Samia hakomi and Darla Masjid for the upper lava lava lake Fein and massage lm topiary mystery has, if you hear someone announcing his last property in the mastered, then say to them May Allah never return it to you, because the masters are not meant for that because the masters are not meant for that. So now, this is a little bit different from what we're talking about here. This is announcing for self interest what the prophet SAW Selim is talking about as someone who lost the property and now they come to the masjid and then if the mustards will be basically if, if everybody who loses something will go to the masjid everybody who wants to sell something will go to the

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masjid and stand by the member and address the people then be you know, massage and would be overtaken for the self interest and commerce and all kinds of businesses that don't pertain to the you know the mission of the masjid or the you know, the vision of the master. So, the prophecies are the same. But this is something somebody who is looking for something for that is is what about if you found something not lost something if you found something can you announce it in the master? The majority said no, but this is a no of course not no of

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you know, in the math habit is clear that this is macro, not Haram. Macro not Haram.

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Wait a second, even if you're announcing for self interest, it is an off Granato enough to hurry. Whether it is for self interest or not self interest is micro, macro. It is the slight but enzymatically metabolized. That's why I said in the beginning if you'd like to be sometimes new ones. In the medical method, there is a little bit of nuance here.

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Where a mathematic said about someone who found the property, not someone who lost the property, someone who found the property, that if he walks around the detail the people in the mustard without raising his voice, if he walks around the mustard and telling the people that he had found something without raising his voice, he said that I think that this may be permissible that there would be no harm. If he does this, if he announced it without raising his voice.

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What we can do nowadays, the lobby of the master does not belong to the masjid. So any last property, we could basically have the, you know, like

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announcements, written announcements of lost properties hung up on the wall in the lobby of the mustard, because that is not part of the workflow of the master. customarily, customarily, the prayer hall is the work of the master the rest of the master, customarily and preferably when you build the mustard,

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the work before they need to designate that this is the master. The rest is the Islamic Center. You know, that is not designated as a master so that we don't have to run into all of the complexities of the rulings of the master. You know, which which there is you know, a number of them

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okay, so

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but who

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When they find the watch and we'll do a place and they come, you know, the Imam, you know, says we found this watch and something you don't make a big deal out of it because according to the medic is that may not be a problem and according to the rest of his mcru it's not haram so don't get too agitated. You know? Yes.

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Love agitated people nowadays.

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It is it is macro, but it may even be permissible. If that is not announcing your last property, someone announcing he found something that they found.

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Okay. Then the sheikh said Rahim Allah for metadata debu philosopher who doofy ie in

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when you're off for work, so at Madden, what I had to start off with he

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was formatted affordable for some of Our Lady of mislabel. In Canada pathetic. whenever anyone comes seeking it and correctly describes it, then it should be given to the seeker without requiring the presentation of further evidence.

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correctly describes it, he tells you, you know, I lost the goat you found the goat, someone tells you I lost the gold that has the like white gold has like a little bit of a black spot on the left thigh, the inner left side.

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It's yours. You know,

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take it because in the first place, he had no order. You found here is someone who came and described the goat just like the goat that you he takes it or she takes.

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They don't need to present an evidence or proof.

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Okay, where are we okay, without requiring the presentation of evidence. If no one asks for it, then it becomes the finders property. That becomes the finders property after the one year you've announced it for one year, no one came and asked for it. No one came and asked for it. Or nowadays, if if you know in our modern times, how do we apply this, the best thing that you could do is to take it to the authorities, the authorities will have it, authorities will have it. If someone goes and seeks set or looks for it, they'll give it to him. If no one takes it for one year, the authorities will then give it back to you. Is that easy? peasy. So we can take the same rulings and

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apply them in a different context in our modern context, that would be the application that will be the application.

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If it is not known, then you will take it if it if no one if no one sees that. If not, if the rightful owner does not show up within the first year you can take it does that mean? Does that mean that the right of the rightful owner was dropped? You know, after the one year No, it doesn't mean that it means you could take it, you could use it you could sell it yet. You You owe weight or owe its value to the owner whenever they show up. So you could take it with that in mind. could use it sell it fine. Eat it wherever you want.

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But second 25 years later, somebody shows up and says you know why they lost something here you owe the value to that order.

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vendor shake said

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if no one asks for it, then it becomes the finders property. Before disposing of it though the Finder has to know its features such as its case strap and so on. So that when it seeker comes and describes it correctly, the Finder returns it or it's exact like if it is lost or damaged.

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He said here the exact like if it's lost or damaged, if this is a mystery, if this is a key me then he will return the value. You remember when we talked about mystery empty method as the like mithali are substitutable things, tangibles PME non substitutable things non fungible which you can find the exact substitute of them, but you could find you could you know their value. So if you can find the exact substitute of them, then you you owe the exact substitute to the rightful owner. If not, then you owe the value to the rightful owner.

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But before you dispose of it, you have to make some sort of like a mental image or actually better yet the record the you know

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so you can picture yes

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yeah it actually makes sense.

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I was going to say you know recorded the the sort of the string of the keys the string and the way how that's all about you know if someone they fade these put them in those sacks the money in So anyway, take a picture.

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Yes.

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Would you give them the value of it like let's say

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25 years later

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when you first found it or 25 years,

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okay when you when you announced that that is when you are meant to return to them. So the value when you announced?

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Yes, when you announced

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but but

00:36:09--> 00:36:19

if you were not meant to pick it up, if you are not meant to pick it up, then you what you what you owe them is the exact thing.

00:36:20--> 00:36:30

If you are not meant to pick it up, what you owe them is the exact thing. So you give them you owe them now the exact thing or the value of that thing today, when they came and asked for

00:36:31--> 00:36:47

it. This is a difference between something that you were meant to take and something that you were not meant to take. If you were meant to take it if you are allowed to take it. That's one story. If you are not allowed to take it,

00:36:48--> 00:37:03

or you took it and you are allowed to take it but you took it for yourself not to announce it, then you're in the wrong that's a different story. In the first story, you ordered the value of it. On the first day you announced

00:37:05--> 00:37:20

in the second story when he where you were not meant to take it or you took it for yourself or your you failed to announce it. You owe them the exact thing or the value of it on the day they come and ask for.

00:37:23--> 00:37:24

So then

00:37:25--> 00:37:43

don't take a picture you will know what it looks like exactly because if someone comes back 20 years later asked for it. They are entitled to it too. It's like order its value in this order to it to its like to its value.

00:37:45--> 00:37:49

Then the sheikh said When can I want to eliminate in O'Shea and

00:37:51--> 00:38:03

yaksha telephoto fellow akyuu goblet our if our buyer who certainly already for the Mara was a democratic party so it also relies on Solomon locata Desert heavy water for Colorado

00:38:06--> 00:38:13

and Wyoming with a dairy farmer la wa sallahu Anisha fukada Hooda for a moment here like

00:38:14--> 00:38:46

how is it if the last object is an animal that needs to be fed or is a perishable item that may go bad and then the Finder may 1 consume it or sell it and then announce it. This is based on Zaida McLeod's narration which states when a loss messenger was asked about picking up last gold or silver, he told them keep note of the string and the container and then announce it or announced

00:38:47--> 00:39:42

announced your finding of it for one year. If it if it seeker comes by a by comes by at any time, give it to him or her. He asked him about also about sheep and he indicated take it it is for you or for your brother or for the wolf for the wolf. So the idea here is sometimes you find something of value and you take it but it is not like gold or silver. It is not a property that you could just keep it for the owner. We said if it is a property that you could keep for the owner in the first year, you have to announce it you have to keep it and announce it for the first year after the first year. You have the option of keeping it selling it using it. You have all these options, but then

00:39:42--> 00:39:55

you will owe the like or the value whenever the rightful owner shows up. But what if the property that you found is perishable Huyton,

00:39:56--> 00:39:59

perishable items or having

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

Notice that need sustenance,

00:40:03--> 00:40:10

animals that need sustenance, what could you do in this case, perishable items animals that need sustenance,

00:40:11--> 00:40:14

if it is a perishable item,

00:40:16--> 00:40:28

the idea here is the interest of the rightful owner takes priority. If it is a perishable item, then you will have one of two options. One of two options, some

00:40:29--> 00:40:30

heat,

00:40:31--> 00:40:39

if it is an animal that needs sustenance, you have one of three options, Sam, he, Pete key.

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

And if you're going to keep you are to sustain the animal because you can put the animal die, you know, starvation, you are to sustain the animal, you must sustain the animal.

00:40:54--> 00:41:00

And in this case, uses the Indiana law firm your money Harf. Or, you know, if

00:41:02--> 00:41:05

you sustain the animal with the intention.

00:41:06--> 00:41:41

If you don't have that intention, then it is coming out of your money. But if you have that intention at the time you sustain the animal, these have the intention that if the rightful owner shows up, you would ask them for the maintenance of the animal, then you could do that you're entitled to that. So you spend on the animal until the rightful owner comes up. And then you could ask them for whatever you have paid paid, whatever money you have spent on the item. So seller eats perishable items, sell, eat keep for animals, that is the

00:41:42--> 00:41:44

classification here.

00:41:45--> 00:41:55

And what matters is what the best interest of the rightful owner, you're doing what is in the best interest of the rightful owner.

00:41:58--> 00:42:00

Then the sheikh said we're in HELOC at a local coffee house.

00:42:02--> 00:42:18

In Florida mana fee, if the item is lost or damaged during the year of announcement without trans aggression toward them, or for free, it's always that they don't have a transgression, like trans aggression is what negligence.

00:42:19--> 00:42:25

Tag D is when you do something bad. negligence is when you don't do something.

00:42:26--> 00:42:40

tab then is when you do something that you are not supposed to do. negligence is when you don't do something you weren't supposed to do. Exactly, yeah. So whether it is targeted, orthofeet, transgression or negligence.

00:42:41--> 00:42:59

If the item is lost or damaged during the year of announcements without transgression, then on the part of the one who picked it up, then the Finder bears no liability for it. Because you're a good door. Now atomoxetine and Sabina law says mallamma cinnamon says there will be no

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

liability or blame against the machine. The good doers here cannot be blamed, you cannot be held liable if you're just a good dude. So you're announcing it for one year. But

00:43:14--> 00:43:24

if you announce it for one year, and you have it for one year, and then you you lose it within the one year without transgression or negligence.

00:43:25--> 00:43:48

That's it you're not responsible. You're not because you're keeping it as what after as thi yet the Amana or you have diarrhea. He had them and were you consider a trustee or a borrower you are considered a trustee not a borrower. The trustee is not liable unless they commit transgression or negligence.

00:43:49--> 00:43:53

What about after the one year after the one year?

00:43:54--> 00:44:03

Let's say after the one year, the sheep dies, the goat dies after one year.

00:44:04--> 00:44:17

And then three years later, you know, the rightful owner shows up? Where's my gold? You know, you lost the gold white black spot on the left side

00:44:22--> 00:44:23

here

00:44:25--> 00:44:28

gives us the updates. No, actually you're liable.

00:44:34--> 00:44:42

Okay, okay. But you like after the one year you you? It became

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

you became

00:44:47--> 00:44:59

sort of the owner of it, somehow another owner of it, an owner contingent upon not finding the rightful owner. And since you were here

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

given the right to use it the right the senate the right to eat it, you are liable for it you become responsible. So after the one year if you don't want it give it to the authorities eat it. Senate Okay, well died

00:45:21--> 00:45:25

no usually you go to get eaten before they get the die they die.

00:45:29--> 00:45:34

Yeah it's not like all the goats have to die they get slaughtered?

00:45:42--> 00:45:55

Do you have to take it? No, you don't have to take it unless it is an animal or something live in a living creature that will otherwise be subject to demise if you don't want to but but generally speaking, we don't.

00:45:57--> 00:46:20

But then if people it is very easy, take it to the authorities surrender it to the authorities pick up anything and give it to the authorities. Because that the whole chapter I told you in the beginning of the chapter, they mean to tell you when you find something don't get too excited, is complicated. Take it, give it to them sorties

00:46:21--> 00:46:31

if the authorities want to be Sharia compliant, then the authorities will keep it for one year and then give it back to you after the year is over. You know if they're really not honest.

00:46:34--> 00:47:26

Okay. Now, if you were not meant to take it keep in mind the first year is is for the person who who who do pick it picked it up. He was meant to pick it up and picked it up with the intention of announcing it and was actually announcing it. If you fail at any one of those three steps. If you were not meant to pick it up, if you picked it up without the intention of announcing it. Or if you fail to announce it, then you're liable even within the first year. you're liable even within the first year so if it dies at any time, you're liable even within the first year now quickly. Unlucky it foundlings first and lucky it foundlings who are different men booth wahama kumaun beccaria t

00:47:26--> 00:47:45

Islami woman in the woman and medica Pilates is an abandoned child or foundling. The legal ruling concerning the child is that he or she is free and is Muslim. And any money found with a child belongs to him or her.

00:47:46--> 00:48:04

any money found that the child belongs to him or her. And then the sheikh said well when I when I add to who he is, I can have Muslim and Hartland the guardianship goes to the child Finder. If the Finder is a trustworthy Muslim,

00:48:05--> 00:48:19

the first time this happened was in the time of the Allahu anhu and the armor they learned who said who was who was like Yoda, who was who was Lackawanna. Oh, well Elena neferpitou

00:48:22--> 00:48:27

so someone found the child during the time of Amara De La Romana San Jose who

00:48:31--> 00:48:32

what

00:48:33--> 00:48:34

what Uh oh.

00:48:35--> 00:48:36

Wha la ina

00:48:38--> 00:48:39

know how to

00:48:45--> 00:48:47

take him take him or her

00:48:52--> 00:48:54

he or she is

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

free

00:48:58--> 00:49:04

because of the insanity buddy Adam maturity the default in the children of Adam is freedom

00:49:07--> 00:49:11

why Lackawanna Oahu and yours is his what

00:49:13--> 00:49:16

yours is his water or her water

00:49:17--> 00:49:59

and whether is the right of inheritance, whether is the right of inheritance, if the child did not have an inheritor the child may grow up have children and so on of his own where a wife or a husband has a different story, they the inheritors will be entitled to their but if the child did not leave behind inheritors you that's what almost said, That's not what the method is. And that's not what the majority is okay, because the majority of the males have and the majority said that the right of inheritance will belong to baited men House of Treasury because why

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

Island Africa too It's upon us upon us me who whose us the state in Africa to upon us meaning the state his maintenance maintenance. So, if the state is responsible for the maintenance of this child, so, you will take the child you would raise the child you found the child you take the child you raise a child, but then you will get a stipend from the state every week every month every year just like a periodic stipend from the state to spend on the child that state is responsible to spend up the child but you take the child you raise your child state will be responsible for the sustenance of this and you

00:50:42--> 00:50:59

you will have the majority said when if the state is responsible for the sustenance the state gets the inheritance. So the child dies, the state takes the money of the child if the child was not survived by

00:51:02--> 00:51:05

inheritors hairs, okay.

00:51:07--> 00:51:12

Then the then the sheikh said when Africa to whom in baited man in lumea, couldn't marry who,

00:51:15--> 00:51:16

in America who may or

00:51:18--> 00:51:19

may not know who

00:51:20--> 00:51:42

the sustenance of the foundling is taken from the treasury of the Muslims, if there was not sufficient money left with a child for sustenance, sometimes people will leave the church child but they leave money next to the child for their sustenance, you know, it's okay, there'll be a lot of money to be enough for instance, and then the child grows up.

00:51:44--> 00:52:31

But if you don't find that money, then the state would be responsible. But what if the state is not risk? What if the state is an irresponsible state or the state air there is no state you know, it becomes a part of the cafe it becomes a communal obligation, collective obligation for the keyfile muslimeen upon all Muslims to spend on the child including the Finder, including the Finder. So, everybody will have to pitch in and take care of that child of the Muslims. If the state does not do it, because it's part of the Confederates communal application, because it is certainly not befitting of a Muslim society to basically

00:52:33--> 00:52:34

for this child to

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

be left without sustenance and starve to death or something certainly sinful

00:52:42--> 00:52:45

Okay, then, what am I

00:52:47--> 00:53:07

on the other hand anything found that leaves you behind after the child's death is taken by the Muslim Treasury? Because we feel responsible to spend on him or her, then you inherit him or her if they were not survived by inheritors? Well, many die and that's all HIPAA be

00:53:09--> 00:53:13

in Canada fear and all hakobyan Isabella Deena what am you sending Amelie

00:53:14--> 00:54:00

whoever claims a paternity of the founder linguine have the child attributed to him unless the former is a disbeliever in which case the foundling will be attached to him in lineage without following his religion and the child will not be handed over to him. So, we somebody found the child and the state has the child or the person has a child and then sometimes someone comes and says, or even the one who found it or someone else comes in says, This is mine, this is called is that half the mandated attribution of the child to oneself, demanding attribution of the child oneself, if it is possible that it is yours, if it is possible that it is yours, you will be given that child,

00:54:00--> 00:54:09

you're not going to be asked about what you know, when did you have it what you know, whether you're married or not, or anything of that nature, the child will be attributed to you.

00:54:12--> 00:54:15

Nowadays, we could use the latest thing and all of us stuff, you know.

00:54:17--> 00:54:24

But the idea here is DNA testing could be used to compliment you know,

00:54:25--> 00:55:00

yet, if someone asks for a child and there is no one as you will give them the child, there is no no one competing for the child, you will give them the child because you know, establishment of paternity, establishment of lineage is a good benefit in the best interest of the child. So if someone you know demands attribution of the child to themselves, and there is no contender, then you give them the child. He said if if this person is not a bit

00:55:00--> 00:55:08

lever the default for the child who is found in a Muslim state is that their child is Muslim. So he will follow that

00:55:10--> 00:55:44

unbeliever in lineage not in religion, given what, given that the person does not have evidence, it's their child, whatever, they have evidence, it's their child, then you take it, you know, follow the child and in lineage, religion and everything, because we have evidence. That's, you know, that's clearly stated habits in your book. So, this is given that the the the person demanding attribution, does not have evidence,

00:55:45--> 00:55:47

does not have evidence that this child is theirs.

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

And that's it a

00:55:51--> 00:55:56

particular function other than the figures it would take five minutes and then take your questions off.