Hatem al-Haj – Fiqh of Transactions #2 – Forbidden Sales

Hatem al-Haj
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The speakers discuss the importance of financial transactions and principles and guidelines in the Islamic financial system, including the concept of "has been" and the use of "has been" in signing contracts. They emphasize the need for a broader framework of legal principles and guidelines for better understanding of the system, including the importance of privacy and privacy-related issues in the field of sports betting. The speakers stress the importance of risk taking and acknowledging the need for accountability in financial transactions, particularly in the form of sales and financing. They also emphasize the need for transparency and accountability in the field of finance and emphasize the importance of avoiding confusion and misunderstandability.

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			So, happy
		
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			to proceed
		
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			today is our second class on
		
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			Manhattan malaria or difficult financial transactions.
		
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			Casper long the keytab will be You are the chapter on sales is the is the first chapter and this
particular segment or section effect kitabi or the book on sales. We started last time by addressing
some of the
		
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			by you know by like an introduction a brief introduction to the book on sales.
		
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			We went over this brief introduction and then we talked about the definition of sale and we said
that there are
		
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			different definitions of transactions based on the object of the contract based on the object of the
contract, whether it is summon price currency or miss moon commodity or usufruct. So, you subtract
for your commodity for commodity commodity for currency currency for currency and these would be
different types of transactions. And today inshallah we will talk about the forbidden transactions.
Today we will be talking about the forbidden transactions. However, at the moment of Kodama Rahim
Allah in his book at arm that
		
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			gives us a list of 4 billion transactions. So, what we will try to do is we will try to provide a
framework first, where the items on the list will fit in lay them in the framework like your diapers
and matrix. So, we will need to first figure out the matrix. First, we will need to figure out the
objectives of sherea birth pertaining to this particular topic, we need to figure out the principles
and guidelines. And then we talked about the detailed rulings. Because we have three different
levels of abstraction here, we have the highest level of abstraction we have the objectives of the
study on, that's the highest level of abstraction, the objectives, the philosophy, the foundation,
		
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			upon which these are based. And then at the second level, a little bit lower from this, we have the
principles and guidelines, and then a little bit lower from this, we have the detailed individual
rulings, and then certainly lower than this, but that would not be considered the even
		
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			part of this framework. are the examples that scholars of ancient scholars are, you know,
predecessors or righteous predecessors? May Allah be pleased with,
		
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			regardless of their math, the examples that they provided, and their books are examples that are
pertinent, relevant to their times. Sometimes those examples, they're always helpful, because they
always enlighten us concerning the
		
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			the thought process. The always enlighten us concerning the principles and guidelines. But certainly
we should not adhere to their examples because they are relevant to their times, we need to figure
out, you know, what, what is applicable to our times, and that is certainly important. So people who
add here to the individual examples,
		
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			and they don't give much consideration
		
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			to the rulings and where the rulings came from, and don't give much or don't have a, like a deep
understanding of the rulings themselves. And they don't have a deep understanding of the principles
and the guidelines that govern those rulings and
		
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			you know, how I that govern those rulings, and they do not have a good understanding of my password
that guide everything in the tree. You know, the McCall said, We're from which everything stems,
		
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			then certainly that data is not fair.
		
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			So, what we will try to do, this may be applicable to you or but it is
		
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			applicable in
		
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			General to the effect of financial transactions, the entire segment the entire section effect
		
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			titled, Mohamed Latin melee or effect of trade, financial transactions, some people translated as
fact of commerce. So, what would be the most salient the most characteristic features of the Islamic
financial transactions? What are the objectives of Sharia concerning this particular realm of human
		
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			endeavors or human
		
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			action activity? So, what do you think?
		
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			What should we have
		
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			this word is familiar, equity,
		
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			equity is important than Islam.
		
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			Look at our sinasabi Baratheon Santa Makita parmesan II acumen as to build
		
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			the acumen NASA will test once in a hurry Phoebus which is a common Nashville cursor so that people
can establish justice can establish balance and we sent it down the balance, balance equity justice,
that concept is extremely important and we will see
		
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			in our discussion, how it permeates throughout the entire discipline of financial transactions. The
other one that is particularly important in financial transactions in Islamic financial transactions
is the concept of transparency.
		
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			transparency, this is a very important concept
		
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			transparency, okay. Now, another concept that and we will see also you know, we will provide the
objectives, the principles and guidelines, and then we will address the detailed rulings and see
where they fit within the framework.
		
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			The third one would be accountability.
		
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			accountability.
		
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			The fourth one would be what,
		
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			but is it in your thing, social responsibility,
		
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			particularly in blue art with the social responsibility, if you Why then if you Why then this to
basically, humans stewardship of planet Earth, then it will not be, you know, the left in either I
don't fill out the halifa I shall place an agent, you know, Vice Chairman on Earth, who unshackle
meant a lot of us dharmaraj confy he brought you forth from the earth and made you settle in it, but
not only made you civil in it and and commanded you to be good stewards and to develop it Star
moroccon fee. So he asked you to tommorow ha, so developers be good stewards of the earth. So if you
if you widen the scope of our discussion, beyond the viewer, or beyond sales, so it would be social
		
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			and environmental responsibility, it would be social and environmental responsibility. All of this
		
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			is within a framework, a wider, larger
		
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			framework of
		
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			theological
		
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			worldview.
		
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			that recognizes devotion to God as the ultimate good at theological worldview that recognizes
devotion to God as the ultimate good.
		
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			hand this is also
		
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			very important, because you could basically
		
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			realize all of those objectives and a contract and conducted during the time of germa and the
contract will be invalid and forbidden.
		
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			So why it realizes all of the objectives equitable, transparent, accountable, responsible, yet it
ignored that theological worldview.
		
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			devotion to God, it is the time of Jama you should be both praying at this time and if one of you
should be praying the it is makrooh for the other one to distract them from their responsibility and
it is haram for them to be distracted from their responsibility towards God. Okay. So, that is
basically the the framework, the foundation, sort of the
		
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			the philosophical underpinnings of Islamic financial transactions. Now, let us move on to some
principles and guidelines particularly about this chapter, which is the taboo or the book on sales.
		
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			And then we the it is in your document, there are two different ways of looking at this or
approaches to making sense of this because when I start reading them as if I did not give you this
introduction, it, we may have not been able to make sense of the list of forbidden sales, you know,
this is forbidden delta is forbidden, it's a list of forbidden sales. So, I think that this is
important for us to understand where, you know, the
		
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			the wisdom, and the eyelid also the effective causes of these two ways to look at this and I will
modify the document I sent you, I give it a little bit more thought classifications or
classifications, they are not basically something to be fee, they're not traceable to the profits or
loss of them, not part of the wacky, they're tools for us to have a better understanding of the
subject. So we change classifications all the time, so don't get stuck with particular
classification. My own classifications are basically to facilitate my understanding and whatever I
think to be a good way of sort of making the subject a little bit more approachable by everybody. So
		
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			one of the classifications is like a hardcore classification that I'll start with, which is, you
know, the pillars conditions and hindrances that apply to this particular chapter. A lot of calculus
route one mana, and this is this is basically a summary I'll give you a summary from chakra monta by
		
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			booty Rahim Allah, He provides this summary in shorthand one of the pillars
		
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			is an important tambellini commentary. So he provides this summary of the letters conditions and
hindrances, and that is not my classification. Now, I'll tell you my classification later, but that
is not my classification, that is an important classical classification scholars always talk about
our cat the pillar is that conditions and the hindrances for every action to be a valid action, it
has to fulfill the arc and the pillars and the conditions right.
		
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			And we talked before about the difference between the Arcana and the conditions and we said they are
can are integral to the action itself, that condition are important prerequisites, important
prerequisites, but are not part of the action itself will do is a condition of the validity of Salah
but will do is not part of the Salah
		
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			pm and the recitation of infatti ha is a pillar of Salah is a rock pillar, not a condition because
they are part of this a lot. So they are called pillars Raka whereas will do and being clean, you
know having known adjust and all of us is not part of this law but is a prerequisite a condition of
its validity. So as the difference between arcane and truth between pillars and conditions, and
hindrances are things that will basically invalidate the action if they are present. The you know,
their their
		
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			absence is required for the action to be valid. If they are present, they will invalidate the
action. So how did the How did
		
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			they divide things into Petters
		
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			conditions
		
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			And hinderances Mallanna.
		
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			Okay, so in order for a contract in Islam to be a valid contract, what are the pillars of the
contract? What are the outcomes of the contract, you need to contract in parties,
		
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			you need an object of the contract or an object of sale in the case of sales.
		
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			And you need a format, that would be a valid format. So, parties
		
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			and that is to, because you can't have a contract with yourself
		
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			and you need object
		
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			of the contract.
		
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			And you need the format the Sega
		
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			is so this is my hadlock, then those are more mortality than hadlock than Sega telok. So these are
the three pillars that we need in every contract, in order for the contracts to be a valid contract,
what are the conditions of a valid contract, in this case,
		
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			one, you will have to have the two parties, they have to be mature, they have to have reached
majority or adulthood, not just puberty, but to rush and rush, they could come with puberty a little
bit after puberty a little bit after that, it depends, you know, people are very different.
		
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			Yeah, and some people never get to it.
		
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			But it varies. So roast the roast as maturity or you know, prudence, particularly when it comes to
financial transactions prudence,
		
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			maturity, the second one is authority and authority is basically mutual consent.
		
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			mutual agreement, mutual consent.
		
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			And then that's not coerced or forced consent, that is just like, free concern, an act of free
concern. So karate is the second one. The third one is that this object, so these would belong to
the parties, they need to be mature, and they need to be consenting. The third one of the conditions
is that the object is owned
		
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			by one of the two parties, you own the price, he owns the commodity or she owns the commodity and
she owns the price.
		
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			The object needs to be on it needs to be sellable,
		
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			sellable islamically. And we will come to address what this means? How is it the How could it be
sellable or not sellable? From an Islamic perspective? It needs to be in addition to this
deliverable?
		
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			deliverable.
		
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			So, you have the ability to deliver it to the non deliverable that's know that I mean that you could
actually give it
		
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			transfer the ownership and the position of the object to the other party, not that you deliver it to
their home. So that needs to be deliverable
		
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			and
		
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			six and seven known, so, six would be known the commodity would be known and the price should be
known seven the price should be known. So known price and commodity, we have to know both, you know,
the price and the commodity. Okay, these are seven conditions right? maturity consent on settable
deliverable known
		
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			that we have to fulfill the pillars and the conditions, what are the hindrances? What would prevent
something from being what would probably prevent the sale that that met the pillars and the
conditions from being a valid sale?
		
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			Well, it is it's very so like basically, if it is during the time of Jama compromises your
obligation towards the loss of pinata during the time of Jim Howard. He also said if you have five
minutes the plays are before us.
		
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			for five minutes to pray Oscar before America during that time, your sale is not permissible and not
valid.
		
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			Because you your obligation at this time is to actually perform the prayer not to be you know,
conducting sales. So, if it leads to evil
		
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			if it leads to Riba
		
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			usury
		
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			if it is socially irresponsible
		
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			and we will give examples of some study irresponsible sales, socially irresponsible sales would be
like nuts, which is basically our provocation, which is the increase the price without an any intent
of buying yourself, two people are trying to agree on a price, you come in the middle, and you try
to up the price, whether it is
		
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			upon mutual agreement with the seller from before, or you just want it to volunteer to make things
harder for the buyer.
		
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			So, some people don't like that also.
		
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			Yeah, so the even if they would have no stake in it, no interest whatsoever, it would not benefit
them whatsoever. They just want to make things harder for people.
		
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			But that is a form of socially irresponsible, I will come and we'll discuss in more detail the rest
of the socially irresponsible transactions like outbidding would be another source of errors but
propagation outbidding
		
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			and so on and interception of goods.
		
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			So, we will give examples, okay? leads the evil deeds the evil of free if you send grapes to like a
wine factory, for instance, if you said weapons to
		
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			warring enemies or gang members or something and you know that these weapons will be used
		
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			in,
		
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			in harm ways, leads to usury. There are many transactions that are not usually usually as in their
essence, but they do lead to it, particularly via you know, where we agree, I sell you something
like I come to you, for instance, and tell you why don't you buy this iPhone from me
		
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			for
		
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			like, why don't you buy this iPhone from me for let's say $500
		
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			and then the $500 will be due
		
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			when
		
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			in two months and sell it to me now for 300
		
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			sell it to me for now, in cash for 300 what happens here,
		
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			you will give me
		
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			sell it to me for 300 you took 300 for me and
		
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			I owe you how much 500 It took 300 for me and I owe you 500 So, you will have to pay me 500 what
happened here, we exchanged money for money there we did not have any interest in this product
itself otherwise, you know the product came back to me at the same time the to the mirror image of
this is also our inner. So, this transaction and the mirror image of it are both hyena what happened
here is that and aina would be permissible in the Shafi manga but they were looking at it from the
from the perspective of judges not from the perspective of the the actual individuals who are
partaking in this transaction. So but the majority forbids the bail either what happened here is
		
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			that you wanted some money in cash, we use this
		
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			you know saying as basically a means of
		
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			facility facilitating, usually a transaction
		
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			means of hydrolyzing A usually a transaction in essence. So, this leads to usury although it is not
usually as per se right, because both transactions were permissible. Like if I come to you
		
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			if you are the seller, if you are the seller, and I come
		
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			You can I tell you sell me
		
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			if I go to like, like a store and choose an item and tell them sell me this item for $800 in
installments
		
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			over six months.
		
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			Okay, and then I take the item. And we both understand that it is sort of understood that we that
this is not really a sale, I take the item and I said, this is hot out right? So far, everything's
solid. So I give you the item back and I tell you
		
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			what, why don't you pay me 500 for this 500 for this, what happened here and you give me the 500 I
needed money. Hi went to you. Hi, I bought the commodity for 800 installments, I sold it back to you
for 500
		
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			so what is the end result here, the end result here is that I took 500 from you and I owe you 800
where's the commodity back to you? It's in the same place. So what is the end result of this
transaction 500 for 800 it is 500 for 800. So it is basically a trick to
		
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			you know, and that is why the majority for bid forbids this particular transaction it leads to Riba
even though the two arms of the the two arms of this activity are permissible, separate from each
other. But if you take in consideration the Nia here, it would not be permissible in the Hanbury
method.
		
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			Basically, the you go and purchase a product from someone in installments, and then go to someone
else and sell it in cash. Because you need the cash that in the hanratty malherbe is harder, because
it's not the same person, it is not the same person. So it is not basically money for money, you
purchase that already, it's it's almost like a sale for like a safe transaction.
		
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			Two different sales transactions, but you're particularly interested in the cash, not the product.
So you went to
		
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			you went to a car dealer and you purchase the car with a Highlander sort of
		
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			with halaal financing over five years, you pay for the $1,000 over five years, he took that same car
and he went someplace else and sold it for cash
		
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			and what happens here
		
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			from your end, you will be paying 40,000 over five years and you sold it for 35 in cash. So from
your end that is money for money, but since these are two different transactions with two different
individuals, entities, it would be permissible okay. So
		
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			So, these are the pillars, the conditions and the hindrances. What about the classification, the
other classification that you know, I wanted to like a more tangible classification. So, what is a
contract, you know, it's a process
		
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			object of the contract
		
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			and then extraneous factors, factors extraneous to the process and the object, if you think of a
sale, you have an object and you have a procedure, you have a process, you know, a format, okay. So
that is that there is the way I thought of this, and then I modified it a little bit, it would be
different, what I will say now will be different from what I sent you. I modified one thing a little
bit which is
		
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			you know, socially irresponsible, I put socially irresponsible under extraneous
		
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			I will put it now under extraneous I put it under process, I will put it I'll put it now under
extraneous. So in a transaction, you know, I separated between equity and social responsibility. So
I said here that in our transaction when it comes to the process, what would make a transaction
implementable Keep in mind, our Messiah who dealt a lot with financial sort of agreements and
savings and financial transactions and financing in general and so on.
		
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			They told us that when the basically entertain the allowability of a contract, they would be looking
their eyes will be looking for Reba vara Robin usually, undue risk taking which is like gambling and
carbon which is inequity. And if they don't find the labor
		
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			they are likely going to allow that transaction
		
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			or ratify that contract. So, in that when it comes to the process, we have these rubber you know,
rod which is undue risk taking a borrower would give a give examples to her undue risk taking,
		
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			we will throw the commodities on each other, you know, like us, you have
		
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			whatever you have dates, I have garments, clothes, pants, whatever, whatever I throw at you and you
throw at me whatever you know is is basically binding a binding transaction. So, it is by a buzzer
which is by throwing or by touching the thing that your hand will fall on first will be yours for
this much money, or by AlHassan by throwing pebbles, and by throwing pebbles is when you throw a
pebble and whatever it falls on is yours, or you throw a pebble across the land and whatever it
reaches of this land is yours for this much money isn't ridiculous transactions they you know, but
keep in mind, humanity did not outgrow this, that thirst for gambling, the eagerness for gambling is
		
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			sort of an ardent human
		
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			deviation.
		
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			People want to gambling and people want to infuse transactions with with this sense of risk taking
and gambling and so on. And that sabotages
		
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			these principles and we will when we come to the detailed rulings, we will see how each detailed
ruling
		
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			would be irrelevant to these divisions, the false philosophical underpinning of financial
transactions in general and the basically the structure
		
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			the pillar is the conditions and the hindrances. So what are under risk taking gambling but in
transactions versus gambling in, in games?
		
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			Okay, the other one, it's called it's called the garden a gardener means in equity in equity and
equitable transactions
		
00:33:05 --> 00:33:21
			and equity or an equitable transactions and cheating good. You know, and I like in the document that
I sent you, I added socially, socially, socially irresponsible here. So in equitable and socially
irresponsible, let us
		
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			take social irresponsibility and put it under extra extraneous. And just focus here on inequity and
equity would be like Earth,
		
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			like cheating and transactions like unfair conditions in the transactions, unfair conditions,
cheating, coercion, these are all manifestations of in equity. And that would be would violate the
process now.
		
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			Goblin Emperor particular cabinet price, which is basically something different, you know, like to
charge an exuberant amount of money, there is this, there is a lot of disagreement about this and we
will come to talk about the option of carbon or CRM company the option of Robin, if you feel that
you have been charged an exorbitant amount of money what what recourse Do you have if you have any
in the different mazahub but that is not we're not limiting cognitive that concept. We're just
talking about governance in general.
		
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			As a translation for in equity. Now object is the object of transaction when we're the transaction
be forbidden because of the object of transaction, not the process, you have inherent the
impermissible
		
00:34:45 --> 00:35:00
			inherently non sellable, inherently non saleable objects. And you have objects that are unanswerable
because of exchanging some attribute, you know,
		
00:35:00 --> 00:35:10
			is not inherent to the object itself. Inherently impermissible objects are two different types
useless and Haram.
		
00:35:13 --> 00:35:59
			Use this objects and haram objects are inherently impermissible. We said last time that it is you
have to there has to be a man farm about how there has to be permissible commodity or permissible
use of fraud for the transaction to be permissible he can sell insects he can sell dust to people
and exploit their imprudence. You cannot exploit the naivety or imprudence of people and sell them
something that is completely useless. And we said that this would not be expected in a secular law
because throughout your mutual agreement would override this. But in Islam, Allah told us what I
couldn't convey in a combat bothered you Allah Vina, emanuela Sakura mala campaigner combat battered
		
00:35:59 --> 00:36:19
			and two different verses do not devour consume your money amongst yourselves unjustly and justly
that will apply to the exploitation of people that are imprudence. Okay. And then we said haram
haram would be two different reasons for something to be Haram.
		
00:36:21 --> 00:36:34
			Usually it is haram because it is not just because it's filthy, it is not as so now, this would be
the main the biggest category here, but there are certain things that are
		
00:36:35 --> 00:36:50
			because particularly Harmer in the meth lab is not as why an alcoholic beverage is in the middle of
our image is not only not just mentally, but also physically you know just material images material
effects filthy.
		
00:36:51 --> 00:36:58
			Anyway, whether you you espouse that position or not, but that is what what they say about camera
anyway.
		
00:37:00 --> 00:37:09
			So, you have carcasses you have camera, you have like pork all of these things are haram to sell
because they are nudges
		
00:37:10 --> 00:37:19
			and then the non natus items would be you know things like idols, idols are haram to sell the
although they are not nudges
		
00:37:22 --> 00:37:26
			and then because of an attribute because of an attribute,
		
00:37:28 --> 00:37:54
			they also add here a lot of musical instruments usually in the form of I have under the Nana just
stuff that is haram to sell. And then because of an attribute an attribute, such as something being
hard to sell, because of attributes such as if it leads to evil for instance, such as if it is not
owned by you not owned
		
00:37:56 --> 00:38:14
			by you, then it would be whether it is misappropriated or it is owned by someone else and you are
not authorized to sell it or something that is not owned by you and also because it leads to evil
and if it leads to evil, if it leads to evil here
		
00:38:15 --> 00:38:51
			not that the process leads to evil sometimes the object leads to evil and sometimes the process
leads to evil. When we talk about leads the evil here we talked about the process leading to evil
destroying the social fabric of the society hurting the social fabric of the society causing you
know, * feel feelings between our hard feelings between the people by outbidding by interception
by provocation, but here the commodity itself leads to evil such as setting grapes, this wine
factory or something of that nature.
		
00:38:53 --> 00:38:54
			And then
		
00:38:56 --> 00:38:56
			vara
		
00:39:00 --> 00:39:49
			which is undue risk taking sometimes like some people consider to be all about the commodity and the
majority of the scholars would say that there is a God or in the process are in the commodity or are
in the process they would give examples, you know the throwing you know sale by throwing casting
pebbles or you know, those like funny types of sales and they give examples to a lot are when it
comes to the commodity itself such as selling the that which is absent that which absent that has
you know and has not been described that which is not deliverable. birds in the sky fish in the
water. You know, these kinds of sales they give them as examples to vote are in the commodity
		
00:39:49 --> 00:40:00
			itself. Some of the scholars like even the Tamia Rahim Allah said that water is all about the
commodity there is no water in the process of water in the process would go back to
		
00:40:00 --> 00:40:07
			And the commodity it is basically an identifiable commodity. So, when you when you say that throwing
		
00:40:10 --> 00:40:55
			pebbles, for instance, that the sale will be actualized by throwing pebbles or like mutual casting
of goods among yourselves, that again goes back, you know, to the commodity, at the end of the day,
the same the object of sale is not identifiable, not agreed upon, not identifiable. So, I don't know
which garment you will throw at me, therefore, It all belongs to this category Anyway, you
understand the concept of the classifications are not a big deal. You know, you just want it they
they sort of give us like a better perspective.
		
00:40:56 --> 00:40:58
			But they're not,
		
00:40:59 --> 00:41:04
			you know, part of the law, just classifications, okay?
		
00:41:05 --> 00:41:43
			Now, now, then we serve extraneous things that are extraneous, and the best way to divide, to
classify things that are extraneous, they are things that will sabotage compromise your obligations
towards the Creator, or your obligations towards the creation. These are extraneous, they don't
apply to the process, the process is solid, the process is great. They don't apply to the object of
sale, ever all the conditions have been met. But what about like we said before setting during the
time of Gemma?
		
00:41:45 --> 00:41:54
			Is this about the process? No, it's not about the process, the process is perfect, you know, two
mutually consenting, match your adults
		
00:41:56 --> 00:42:16
			you know, and the object of sale is identifiable, deliverable everything is just perfect, but it The
time is not the right time. And then obligations towards the creation, obligations towards the
creation would be interception of goods, the you know, out didn't
		
00:42:18 --> 00:42:37
			provoke a provocation and things of that nature. These compromise your obligation to the community,
your obligations to the society, that your transactions should be socially responsible should not be
deployed the imprudence of people and they should not
		
00:42:38 --> 00:42:39
			create
		
00:42:40 --> 00:42:45
			basically unnecessary intermediaries between the producer and the consumer,
		
00:42:46 --> 00:42:57
			which will cause basically inflation of prices that is an werent and causes certain people to profit
of the
		
00:42:59 --> 00:43:14
			profit of others who are less savvy Okay. Now, this is basically the basic structure and now let us
apply the list of forbidden sales that email
		
00:43:19 --> 00:43:26
			addresses in his book along the two, these principles
		
00:43:28 --> 00:43:49
			he said Rahim Allah, when I used to buy what I used to buy euro malissa mameluke in Libya, he isn't
the man email leaky, when I attend it, it is forbidden to set what one does not own without the
permission of its owner, unless the property is in one's custody.
		
00:43:51 --> 00:44:17
			Unless the property is in one's custody, like a you know, you are the caretaker of like the the
property of an orphan for instance, you're the father of an orphan, you take care of the property,
the you know, mother, his mother passed away You became in charge of the property of the orphan and
so you have authority you have custody now,
		
00:44:18 --> 00:44:59
			but anyway, so you have to either be our key or be the custodian or be the actual owner, you have to
be the owner authorized to dispose of the property or to sell the property, but otherwise, it is not
permissible for you to sell my laser beam and looking like that which is not owned by you. Because
the Prophet sallallahu wasallam said to Hakeem Hazem, and this has been reported in the Bible, the
Holy Trinity and many, many others, but many variations has been authenticated by many scholars. And
this would be one of the foundational hobbies that you want to remember in financial transactions.
Although
		
00:45:00 --> 00:45:02
			The understanding of it
		
00:45:03 --> 00:45:11
			is is not always you know, a matter of agreement between the scholars and some of the contemporary
scholars are also trying to
		
00:45:12 --> 00:45:16
			have like a sort of a modified understanding of it.
		
00:45:18 --> 00:45:30
			But, but in concept they all agree on this hubbies the accepted the agree on its meaning, he said
Hakeem letaba Malay signed, do not sell that which you do not
		
00:45:32 --> 00:45:51
			end which means what could mean possess could mean own, you know, the interpretation of any deck
with you, that would that which is not with you, in your position, or that which you do not own, you
could translate it as either or it actually means both.
		
00:45:52 --> 00:46:12
			But any your position here, what is in your position here, it's not that basically that that, that
you have like, you know, that you had that, that you have a position of even if it is a property in
India and you're sitting here in this room now, but you possess it, right, you can deliver it,
		
00:46:13 --> 00:46:19
			you can transfer the ownership, he can give the keys to the owner at one vote, so you possess it,
okay.
		
00:46:20 --> 00:46:27
			But now, let's assign the key hakimullah Tabitha Melissa in Dec do not sell which you do not possess
		
00:46:30 --> 00:46:53
			is is extremely important. And there are benefits that, you know, that's that that is a main
foundational Hadees in the federal financial transactions, particularly in the form of sales, also
in financing and this hubbies will come back and, and be extremely important in the area of finance,
lack,
		
00:46:54 --> 00:47:05
			laser and don't sell that which you do not own and you do not possess. The importance of this one is
about accountability.
		
00:47:07 --> 00:47:49
			So here, we're talking about accountability, capital has to be accountable, you cannot shift the
risk to the right and the left and then you you basically make profit without liability. The Prophet
sallallahu Sallam said and Hadith reported by Ayesha and faraja the demand and firozpur demand means
what courage is prophet The man is liability. So courage is contingent upon link to tie to rests on
follows goes with hand in hand pamban glove, no more. Is that understandable? They have to
		
00:47:51 --> 00:48:08
			you can't make money off of air. So capital has to be responsible, there has got to be some
liability in order for you to be deserving of profit. So if you're not a sign that here you go and
the same, you know, so
		
00:48:10 --> 00:49:04
			you know, you see this. Then his laptop is it's a nice laptop. You go to Mohammed and you sell him
then his laptop without taking Danny's permission or anything is just to sell him Danny's laptop for
$1,000. And then you go to Danny and buy it for $800 Have you been responsible for anything liable
for anything here? Absolutely not. You just sold it for $1,000 went and bought it but we're talking
about this laptop, this laptop. There is a difference between buy online and buy a surfer. This
particular item I am selling now. But if it is a Is this correct? describable something that can be
described. And I go do the same thing about something that can be prescribed like I can go to you
		
00:49:04 --> 00:49:05
			and tell you.
		
00:49:06 --> 00:49:16
			You want a brand new kso for $14,000 and I give you a list of descriptions that are
		
00:49:17 --> 00:49:31
			like completely accurate $14,000 and then I go and buy that and sell it to you that would be a
different story. Because this is not although you know, it is
		
00:49:32 --> 00:49:47
			whether you whether we will agree that these can be valid transactions and sell them or not. That's
a different story. But But I believe that the these would be valid transactions and sell them which
is the third
		
00:49:48 --> 00:50:00
			which is advanced payment sales which we will come to this later because that particular item is is
one of many and it is available
		
00:50:00 --> 00:50:15
			In the market, and I can go and get it, that would be a different thing. So is that clear the
difference between this particular item and between getting you an item that is out there in the
market?
		
00:50:17 --> 00:50:31
			These are two different scenarios, but letaba made a sign that was meant to basically make capital
responsible, accountable. And it was meant also to cut out.
		
00:50:33 --> 00:50:37
			It was also meant to cut out the intermediaries,
		
00:50:39 --> 00:50:41
			the intermediaries,
		
00:50:42 --> 00:50:48
			what happens is, why is it that we have farmers that complain of,
		
00:50:49 --> 00:51:45
			you know, financial hardship all the time, and we have consumers that complain of inflated prices
all the time. And is because we have so many intermediaries that are making a profit off of air. And
you will find throughout the federal financial transactions, particularly here the lack of sales,
that Islam intends to remove the intermediaries to allow, you know, the the movement of goods as as
directly as possible from the producer to the consumer. So here, that's a sign that this this man
basically went and bought this, you know, sold this laptop and then bought it, that man is an
intermediary made a profit had the seller and the actual buyer who wanted the commodity for
		
00:51:45 --> 00:52:09
			themselves agreed among themselves, they would have cut out that intermediary, the seller may have
made a little bit more money, the buyer may have paid a little bit less money and they would have
benefited in this way. So a lot of MLS and that is an important concept. malaise of human loop, so
it has to be on so I thought we had a sign deck. Where is it here? It is here.
		
00:52:11 --> 00:52:12
			Where is it here?
		
00:52:14 --> 00:52:17
			Where does it belong here? Man I sign back.
		
00:52:18 --> 00:52:19
			Huh?
		
00:52:22 --> 00:52:25
			Benares conditions? Yeah, here
		
00:52:27 --> 00:52:28
			honed
		
00:52:30 --> 00:52:31
			the conditions.
		
00:52:34 --> 00:52:40
			So in both classifications, we find that where is it here, accountability.
		
00:52:48 --> 00:52:49
			Then the sheikh said
		
00:52:50 --> 00:53:42
			and we will take just one more and then break before we come back. The CF Rahim Allah tala said
voila biomed and FRP calahorra. It is also impermissible to send something useless, such as insects,
so also impermissible to sell something useless, such as insects to things that I wanted to say
here, or what is the foundation of this, you would not find this in secular law, because obviously
insecure or doesn't matter, you know, as far as there is mutual agreement, but like I said, in
Islam, it was in that theological worldview that recognizes devotion of God as the ultimate good is
not as concerned about your spiritual well being your moral well being. It's not just it's not just
		
00:53:42 --> 00:54:26
			a law, it is it is predominantly a dean, you know, that has laws. And in this sense the laws fit
into the basically the larger context of ensuring the social well being human well being and your
own spiritual and moral well being. If it is immoral or amoral, for you. It is haram it is forbidden
for you Even if there is therapy, even if there is mutual consent, even if there is mutual consent.
So here useless things you cannot sell because they don't fit into this
		
00:54:29 --> 00:55:00
			framework. And the one thing that I also wanted to mention here a lot said what I could have and
want to complain about it and sort of the bucket I live in Morocco Morocco, Morocco bothered in
Surah Nisa, don't devour, consume your your property amongst yourselves on justly. This is clear,
and we should be a basically 100 standard this concept the examples that the Messiah forgive in
their books may apply may be irrelevant to their times and may not be relevant.
		
00:55:00 --> 00:55:10
			are times that are say, particular insects have particular uses, and they're really valuable. And
you go out and collect those insects and sell them.
		
00:55:11 --> 00:55:31
			And within a, you know, because they did not, you know, like cockroaches, for instance, like, why
would anyone said, you know, in their times, why would anyone sell cockroaches, who would buy
cockroaches except someone who is a little bit challenged. But
		
00:55:34 --> 00:55:48
			but maybe at one point in things we'll have some uses, like laboratory uses or some uses. And in
this case, if there is actual benefit, then
		
00:55:50 --> 00:55:54
			there may be, in this case, permissible.
		
00:55:55 --> 00:55:57
			Combat brings us to the
		
00:55:59 --> 00:56:00
			to the end of this
		
00:56:03 --> 00:56:15
			lecture, we'll come back and talk about the rest of the forbidden sales in five and seven minutes.
And Shall we come back in seven minutes to talk about the rest of the forbidden cells and see how
		
00:56:18 --> 00:56:27
			these detailed rulings relate to the principles and guidelines and the framework that we talked
about critical evidence offered by the
		
00:56:29 --> 00:56:30
			felucca