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Fiqh of Transactions #2 – Forbidden Sales

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Hatem al-Haj

Channel: Hatem al-Haj

Series:

Episode Notes

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


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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

00:27:41--> 00:27:47

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

00:31:55--> 00:31:57

sort of an ardent human

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deviation.

00:32:01--> 00:32:15

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

00:32:16--> 00:32:24

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

00:32:40--> 00:32:51

the pillar is the conditions and the hindrances. So what are under risk taking gambling but in transactions versus gambling in, in games?

00:32:52--> 00:33:01

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

00:33:22--> 00:33:32

take social irresponsibility and put it under extra extraneous. And just focus here on inequity and equity would be like Earth,

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

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.

00:33:55--> 00:34:27

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.

00:34:28--> 00:34:44

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

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and then because of an attribute because of an attribute,

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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, hell 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

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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