Fiqh of Transactions #21 – Leasing and Hiring

share this pageShare Page
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.


00:00:04--> 00:00:04

In order

00:00:06--> 00:00:14

to proceed so today inshallah we will have our example adjara The Book of policing and hiring from

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

Smoky Mountain Nicodemus book along that, in that died in the year 620 after hegira

00:00:25--> 00:00:27

and we've been studying his book along

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

with commentary

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

for how long now for two years.

00:00:37--> 00:00:44

Anyway, we were now in the financial transactions, we have three more chapters we'll be done.

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

So hopefully before Ramadan, we'll be done with the federal financial transactions and thereafter, when we come back shala from our Ramadan break, we will

00:01:00--> 00:01:02

start with the fact of inheritance.

00:01:03--> 00:01:05

Today we are talking about catappa Giada.

00:01:07--> 00:01:33

The Book of leasing and hiring and you have to you have to say leasing and hiring because the data is not only about one of itself, it's about both. When you rent a property that is a job. And when you hire someone to do a job for you, or hire someone as your employee, that is also a job that is a form of HR. So leasing is when the

00:01:34--> 00:01:37

use of frog is utility

00:01:38--> 00:01:43

and hiring is when the use of frog is a service

00:01:45--> 00:01:46

provided by someone.

00:01:47--> 00:01:52

Anyway, the safe Rahim Allah tala said wait

00:01:53--> 00:02:13

a minute are fine. And we will talk about the definition and the binding binding Enos of the contract and we'll talk about the conditions. We'll talk about the rights and obligations of the lessee and the sore. Let's see the sore the see

00:02:20--> 00:02:22

the sore is the landlord.

00:02:26--> 00:02:28

Let's see as the tenant

00:02:30--> 00:02:36

I mean that I see that is not only the landlord and tenant it's the person who basically

00:02:38--> 00:02:46

purchases the service or the utility is the lessee and the lessor is the person who sells the service or the utility

00:02:48--> 00:02:50

okay. So,

00:02:52--> 00:02:53

the utility I should say

00:02:55--> 00:02:55

is then the

00:02:58--> 00:03:00

NFL as a lambda

00:03:01--> 00:03:03

function physical mot whether

00:03:04--> 00:03:18

it is a contract whose object is a benefit service or utility, it is mutually binding on both parties. Neither of them holds the right to unilaterally another to unilaterally another.

00:03:20--> 00:03:34

Okay, it's binding contract between two involves a usufruct service or utility. adjara was a jar is permissible by the Quran and the Sunnah. And the agreement of Muslim scholars

00:03:37--> 00:04:23

is digital in the era minister Jonathan karela. Me, one of them said, Oh, my father hired him, the best person he could hire is away the competent coeymans the powerful that it means in the context of hiring, the competent because power is not only limited to muscular power, it's competency wherever, whatever the two are demanded to do. We mean trustworthy. So if you're looking to hire anyone, look for two things. And actually, if you're looking for anyone to do anything good, look for two things. They need to be competent. And they need to be honest, they need to be good. But they also at the same time, they need to be competent.

00:04:24--> 00:04:33

If you're looking to marry, you need to marry someone who could deliver, you know, this charge that our obligations towards the marriage.

00:04:36--> 00:04:36

And

00:04:38--> 00:04:41

they also need to marry someone who's honest and

00:04:42--> 00:04:43

nice and so on.

00:04:45--> 00:05:00

If you want to have a neighbor, you want to have someone who's competent in your life in general, just try and surround yourself with people who are competent and good. competent, not good. Could be disastrous. They could just serve

00:05:00--> 00:05:00

of

00:05:01--> 00:05:03

exploiting to know and

00:05:05--> 00:05:11

good and not competent they could be a huge burden. Also they could also be disastrous.

00:05:12--> 00:05:27

So competently Good. Then, also, you know, there are many hobbies that we can invoke here to prove the legitimacy of a job. It's a matter of unanimity, unanimity. So, the Prophet sallallahu Sallam for instance, said

00:05:31--> 00:05:36

this was reported about 11 Amara de la supervivencia magic from our beloved nama

00:05:37--> 00:05:43

JIRA, JIRA who public aka who give your employee or worker

00:05:45--> 00:05:45

his

00:05:47--> 00:06:00

compensation before his sweat dries out before his sweat dries out, don't procrastinate give him as compensation before his sweat dries out.

00:06:01--> 00:06:15

And certainly reason also says that HR is legitimate permissible, it's got to be legitimate and permissible, and we as Muslims have this concept of tahseen and takahe Hockley.

00:06:17--> 00:07:06

We have a moderate position concerning toxic and toxic Hockley, the minds ability to discern between good and bad, it has the ability, but it is limited. It's dependent on the divine guidance for refinements and adjustments, and to basically to also be able to overcome our inequities and our biases, but we don't have that ability. So that is why the scholars always invoke that stallion. In addition to that lead, Talia is the justification rational justification of the rulings that lead is to find that the lead proof from the parents and battalion is to provide rational justification, because the mind is capable to figure out what is right.

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

With the, you know, caveats and contingencies that I mentioned.

00:07:13--> 00:07:44

So they say that it is necessary, you know, it's needed that's required, because, like human beings have needs for properties and services that they do not own. So they need to hire someone for those services. And they need to rent properties that they cannot purchase, not everything you you need to use, you can purchase. Nowadays, people basically purchase everything, right? Almost everything. But

00:07:46--> 00:08:26

But no, sometimes you need to read things, you need to use the usufruct of property without acquiring the property itself. And that is why ijarah is important. In that sense. He says it's up to not matter if HR is a contract whose object is a benefit service or utility. usufruct is service or utility. It's not $1 is it it is the object of the contract is not a property, it is the utility of that property, it's the benefit that you could acquire from that property. One of the differences between adjara and sale although, you know,

00:08:28--> 00:08:54

many things apply ijarah you are purchasing also step of same type of sale, because you're purchasing the utility, they use a product to the benefit the service of this property for a period of time, for a period of time, but one of the differences is that you could sell me one pound of sugar, right?

00:08:55--> 00:08:58

Although I'm very against sugar, but

00:08:59--> 00:09:03

I'm not buying any sugar from yoga. Let's say something else.

00:09:06--> 00:09:09

I have a personal vendetta against sugar.

00:09:14--> 00:09:20

Know what dates are the dates, so, don't eat it.

00:09:24--> 00:09:24

But

00:09:27--> 00:09:47

on a serious note, you could sell me one pound of dates, but you cannot rent them to me currently the dates Why? Because it is a property that cannot be utilized without itself vanishing. The only way you could utilize this property is to eat it.

00:09:48--> 00:10:00

And then that would not be renting that would not be leasing. So one of the conditions one of the difference between sale and HR and one of the conditions of adjara is that the property has to

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

Have a benefit that the

00:10:05--> 00:10:08

less see when use

00:10:09--> 00:10:11

will acquire

00:10:12--> 00:10:13

without

00:10:15--> 00:10:24

the property itself damaging. So, anything like a car like a house like something of that nature,

00:10:25--> 00:10:34

they say sometimes you could rent money with the condition with the condition that this will be used

00:10:35--> 00:10:51

as a weight, or this will be used as a headier for beautification, because money used to be made of gold and silver. But you cannot print money unless you stipulate that this would be the use. So I have read

00:10:52--> 00:10:54

five dinars from you

00:10:55--> 00:10:58

bring him back next month, five liters.

00:11:00--> 00:11:08

But in this case, they are to be used with veterans

00:11:09--> 00:11:16

could be cumbersome could be problematic, but the it has to be it cannot be

00:11:17--> 00:11:47

for other than these benefits that that you could acquire. Without the five dinars being spent, cannot spend them if you spend the five dinars, then that is ribbon can trend money. But if those five dinars, you will take them and put them in a necklace because you have like a wedding. And it's you know, people there as well. So if you

00:11:48--> 00:12:07

rent 200 dinar, put them in a necklace, wear them in your wedding, you could rent the 200 dinars in this case. Anyways, this is just like a side issue. Side point. But it is an FYI, it's a contract whose object is a benefit service or utility.

00:12:09--> 00:12:20

It is mutually binding the lesson minotauro finally amico huduma demonte? Originally, it is mutually binding from both.

00:12:21--> 00:12:25

When we say after the lesson, what is the opposite of Aqua lesson?

00:12:28--> 00:12:29

The counterpart

00:12:30--> 00:13:11

here it's optional, but I'm talking about the Arabic word for it. Jazz. Yes, are the jazz. So Latin and jazz. Latin is a binding contract. Jazz is a non binding contract. binding contract means no party of the contract may have knowledge to avoid uni latterly, certainly both agree that certainly you know they agree to another contract to void the contract have both agree. But no one can void it unilaterally. The Jazz is the opposite of this.

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

One or either party of the contract may void you will need latterly such as what can I hire you as well, my lucky, your your attorney, I can come at any time and end this wirkkala agency terminated or you could say I don't want to be your own kid anymore. I don't want to be your agent anymore and at anytime terminated. So,

00:13:44--> 00:14:03

they will provide some conditions here. So that does not result in harm because the overriding rule, in fact, is La da da da da da legal Maxim's law there are there should be no harm or reciprocation of her.

00:14:05--> 00:14:30

So an actor is, you know, if we say that there is a particular act that would result in significant, identifiable harm, if someone just unilaterally called the southern terminated, then that will provide accommodations for them to avoid that, you know, consequence to avoid harm as a consequence.

00:14:31--> 00:14:54

But in general act didn't work act agenda is our lesson it is binding you cannot pull out once you sign you cannot pull out you will have to unless the person the the other party violated the agreement. You have to respect this agreement. Regardless whether you have unless, unless like someone for instance,

00:14:55--> 00:14:59

pays a witness to breastfeed and the child

00:15:00--> 00:15:11

Guys, then in this case, they will allow you to void the agreement. But if you rent a property, and you don't have use for it anymore,

00:15:12--> 00:15:14

you can pull out of that contract,

00:15:16--> 00:15:17

you cannot pull out of that contract.

00:15:19--> 00:15:51

You either sort of, even if you die, he can pull out of a contract, your areas cannot go out of contract, because subleasing is permissible in Islam. So someone can acquire that utility of that product during the time that was designated. So someone will do so. Or if you rent out a property and you die, your heirs cannot pull it out, pull out of that contract.

00:15:52--> 00:16:18

So it is a binding contract. That's of one of the two parties in the jazz contract. When you have our key, your death terminated, his death terminated, when it is a binding contract, neither here nor there, this or the other parties, this will terminate the contract. Even insanity does not terminate the contract. But is there any exception to this?

00:16:22--> 00:16:24

Because the child was the object

00:16:25--> 00:16:31

of the sort of the handler, the substrate for the benefit the RBA,

00:16:32--> 00:16:33

and that

00:16:34--> 00:16:37

handle itself just vanished.

00:16:38--> 00:16:45

So and then certainly we will say that also, when the property itself

00:16:48--> 00:17:12

is not usable anymore, the contract will be terminated. But as long as the property can be used here this year insanity, but are there other exceptions, because we said that this is not about policing only, it's also about hiring. So if I hire you, if I hire you to perform a certain job for me

00:17:13--> 00:17:15

perform a certain job for me.

00:17:16--> 00:17:27

I don't want to say this, we hire someone to perform a certain job for you, and that person becomes insane, loses their mind

00:17:28--> 00:17:35

is the sub not even that the contract is still a valid contract.

00:17:36--> 00:17:49

Okay, in this case, his guardian or if he died, his heirs inheritors, well replace him with someone else to do the job.

00:17:54--> 00:18:01

But what is what was the contract about the performance of a certain job,

00:18:02--> 00:18:06

we will find you someone else to perform the same job.

00:18:09--> 00:18:49

I know what you want to say. They said it, you know, the, you know, the fuqaha did not really miss out on anything. They said, they said unless this person was hired for a particular expertise that he only provides, you can't replace him, this person was hired for themselves for their expertise, or is specified that their own service, you know, it's not the job, the agreement is not on the job, the agreement is on this person, the particularity the person himself is intended in the hire.

00:18:51--> 00:18:59

So, I am not hiring, just like any sort of it programmer, I am hiring hex.

00:19:01--> 00:19:03

So, in this case,

00:19:04--> 00:19:37

the death or insanity will terminate the contract. But the agreement was about providing a certain service, then the custodians or the inheritors, of that person who became insane or who died, will provide the service will replace him provide the service and the contract will stand. For instance, who you hire a company, you hire a company to build you.

00:19:38--> 00:20:00

Like sort of an apartment building. And then in the middle of this, the person dies. The inheritors will tell you, we will finish it for you. We will do the work we'll just you know, we will do the work. We ought to replace whoever needs to be replaced. We'll do the work the contractors then bye

00:20:00--> 00:20:09

So, what we wanted to learn from this is that the ijarah contract is a very strong binding contract,

00:20:12--> 00:20:13

then the C except

00:20:14--> 00:20:50

Okay, so it will give you some exceptions. Now I'll give you the exception and I give you the exception is when you hire someone for particular expertise or for the particular person, not the generic job that anyone could perform. In this case, the contract will be terminated by the insanity or this or the departure or something, imprisonment, etc, etc. Then, the same is the sheikh said what unphysical between a feline and mokou dolla, one Qatar in Africa, what God has who have like a demon cannon, how have these

00:20:51--> 00:21:15

the contract is not allowed by the death or insanity of either party. However, it is unknown when the property or object of the contract is damaged or becomes of no avail. The lessee has the right to another contract for a defect beat old or newly occurring, originating. So,

00:21:18--> 00:21:25

whenever you like your rent, like a property, and then it's just not usable anymore,

00:21:27--> 00:21:36

you can use it because something happened, whether it is something that was all than we discovered or something that happened during your

00:21:38--> 00:21:40

renting period, you still

00:21:41--> 00:21:55

keep in mind that even if you cause this you will be liable even as a tenant if you cause the problem, you will be liable, but the contract will not be void.

00:21:57--> 00:22:09

Wait a second, sorry, the contract will be voided you have the ability to void the contract, because the service cannot be delivered anymore, the utility cannot be delivered anymore, but you will be liable because you caused it

00:22:12--> 00:22:14

to be liable, because, because

00:22:16--> 00:22:37

So the bottom line is when the service or the utility is not deliverable anymore, that is grounds for acknowledging the contract of ijarah leasing or hiring that is grounds for annulling the contract of ijarah whether it is leasing or hiring,

00:22:40--> 00:22:52

whether this problem was old and that landlord did not tell you about it, or it occurred during your usage of the property.

00:22:53--> 00:22:55

Then does he accept what not to say?

00:22:56--> 00:23:10

In maloom him or feek so that was a method was a theocracy so we've been more iron we've been a ha ha ha in you know nalder ny Ian was up to the manic episode

00:23:12--> 00:23:14

Episode 40 or Mahadeva to God

00:23:17--> 00:23:22

in Wakata, hi in the fella but the men not fit him.

00:23:24--> 00:23:44

Okay, so Jake said leasing or hiring is only valid when the benefit with our service or utility is determinately known the benefit here remember when we first spoke about clear prevented transactions and we said transparency is one of the cornerstones of legitimate finance Islamic

00:23:46--> 00:24:35

transactions Mohamed Chan's parents he is determinately known, the benefit you will have to know this may be either by custom as in renting the house for dwelling or by description, such as in hiring someone to sell a certain garment build the wall or hold something to a particular place. It is only valid when the benefit is accurately described and the compensation is known of the subject matter of the contract is a physical property it must be determinately known and I mean determinately known it's not like one of many. This particular item, he rented this particular item.

00:24:36--> 00:24:37

Okay.

00:24:38--> 00:24:41

So we're saying here that

00:24:43--> 00:24:59

how is it known transparency here means so transparency here would mean that we have to agree like if I go rent a hotel room, do I need to tell them how I would use it. You know, I'm going to sleep

00:25:00--> 00:25:10

The bed sometimes I'll sit in the chair hi may turn the AC on, you know if I really had to use the bathroom my well

00:25:13--> 00:25:14

do you have to do that?

00:25:15--> 00:25:36

No. Okay. So, whenever whenever it is customarily known customarily known, you don't need to provide a description of the benefit or the service customarily known, whenever it is not customarily known that description has to be the tail

00:25:37--> 00:25:50

to the end, to which end Why are we being so fussy about these things, because fear is about preventing disputation between the people you know, to try and mitigate that

00:25:51--> 00:26:05

undesirable outcome. So, transparency prevents this mutation, if it is not customarily known, make sure and try to do this please because most of the the troubles and most, you know,

00:26:06--> 00:26:11

I think that every Muslim company or like surgery, they need a pocket Mufti

00:26:14--> 00:26:18

have a pocket Mufti, for the family also, stuff.

00:26:19--> 00:26:20

So

00:26:21--> 00:26:40

one of the things that can help us avoid, you know, conflict is transparency, clarity, spell it out, spell it out, no fine print, all just sort of good fund 12. You know,

00:26:42--> 00:26:49

you know, good, the good type of fun size 12, size 14, maybe even more helpful. So,

00:26:50--> 00:27:09

so that is the that's the concept here, but not only the benefit, but also the compensation, also the compensation, because we do not want to come back and say I didn't miss fair market value, because then we will need to find experts and we will disagree over the fair market value.

00:27:10--> 00:27:16

Because eventually, when a contract becomes avoided, then hesitant misled is what will be

00:27:18--> 00:27:28

when I whenever a contract becomes avoided, then we will go back and look for fair market value to compensate the people because whenever they agreed on is void, now, their contract is void.

00:27:29--> 00:27:48

Also, when you do not determine the compensation, like they're a member in dialogue with that, if you go and when we talk about gyla per job wages, and remind me to say, what's the difference between Java and Java for Java ages?

00:27:49--> 00:28:03

When we talked about Java, we said that if you go to someone, if you go to someone, and give them like you go to tailor and give him something or like

00:28:04--> 00:28:08

Hey, man, what's up man delivery? delivery man or

00:28:09--> 00:28:11

the person who carries stuff?

00:28:14--> 00:28:18

transport didn't have them here. They must have had them. Uh

00:28:19--> 00:28:23

huh, man, you go like someone carrying stuff for you, huh?

00:28:24--> 00:28:25

Korea,

00:28:26--> 00:29:08

Korea, the delivery person. So if, if you if you have your luggage, and someone could come down for from the wherever you come off the train, and then you have your luggage and someone takes your luggage? They are Mmm, that's what they do all the they are long. And you give them your luggage, walk next to your car, and then tell them we didn't agree on anything. Thank you Goodbye. So, we said that this is that you are going to you will have to give them their fair market compensation as an illness

00:29:11--> 00:29:22

would it be best would it be better that you agree with them? It would be sometimes it becomes so difficult and that's why in fact, the flexibility was shown

00:29:23--> 00:29:27

that sometimes it becomes so difficult. Therefore, for consent.

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

You know, when whenever this is done Agilent method will be binding, fair market value how to emit for the means equivalent wage had wage myths the equivalent, so equivalent wage or the wage of the equivalent equivalent service, fair market value of that service. But certainly, whenever you could be more transparent and more detail and be more transparent and be more the

00:30:00--> 00:30:04

Because that will be conducive to

00:30:05--> 00:30:10

sort of good partnership and good transactions in general.

00:30:12--> 00:30:24

Then the SEC said we're gonna put them in America. And if the subject matter of the contract is a physical property, it must be determined. You know, there's hobbies here where the Prophet sallallahu Sallam was reported to have said,

00:30:26--> 00:30:33

questionable questionable traceability to the Prophet sallallahu Sallam was reported to have said, it has to come.

00:30:36--> 00:30:41

Whenever some of you hires whenever one of you hires a person,

00:30:42--> 00:30:47

worker, let him know his compensation. Let him know his compensation.

00:30:49--> 00:31:03

Although the traceability is questionable to the Prophet sallallahu sallam, there is unanimity on accepting the meaning of this. unanimously it is accepted. Let him No no, his compensation.

00:31:04--> 00:31:46

Membership said what minister Geraci and follow up mama karma who many esto fi bhrr in our area is a cabinet minister, who do we know now we will talk about. So we talked about definition of ijarah. And when we talk about the definition of a Jada, we differentiated the adjara. And sale has to be a property that you could use without the property itself about a thing. But we develop this language between Java and Java. And it may, it may be warranted to distinguish per job wages, if you remember the lecture, the class that we had on per job wages, the differences between Java and Java is that Java is not binding, it is jazz.

00:31:48--> 00:31:57

So you will say I lost my iPhone, whoever finds that. I'll give him $10 $50.

00:32:00--> 00:32:08

Then, two minutes later, you will say, forget about it. I'm not giving anyone anything, you know, if you find it and bring it back to me,

00:32:09--> 00:32:10

I will

00:32:12--> 00:32:13

make the offer you

00:32:16--> 00:32:17

do I have the right? Yes.

00:32:18--> 00:32:42

When is my right term and when is it terminated? When someone actually brings it to you, you can say you know I take it back when they bring it to you. But prior to this, you have to say you can say you can take it back, but not when you hire someone. That's the difference between Jada Jada Johanna is sort of a prize for doing a certain job prize for doing

00:32:43--> 00:32:52

that contract. It's not a lesson contract, it's not a binding contract. Also in Java, you do not need to even specify the person

00:32:55--> 00:33:02

you do not need to specify the person you are saying whoever does it will take this much money.

00:33:05--> 00:33:12

And in in gyla, the amount or the duration of work is not even known.

00:33:13--> 00:33:26

Because hero, however does this for me, whoever builds the wall for me or, you know, offense for me, then they will get this it becomes very close to each other here also, but

00:33:28--> 00:33:36

but bear with me. So whoever builds that wall or finds the iPhone, or something of that nature, they will get to this.

00:33:37--> 00:33:54

How much work does this need in a jar, we have to specify one of two things. One of two things, we cannot specify them both together at the same time, by the way, in a jar, it's either the time or the work.

00:33:55--> 00:34:01

I want you to make me a garment out of this fabric.

00:34:05--> 00:34:10

But you can say and that's that's that could be some problem.

00:34:12--> 00:34:19

It has to take two to two days, but you could agree on on time and then they should live up to their promise.

00:34:20--> 00:34:39

But this is a type of ijarah when what what what we define is that the job itself the work that needs to be done, there is another type of adjara where you say I want to hire you from eight to five every day,

00:34:40--> 00:34:41

for the next year.

00:34:43--> 00:34:59

Monday, you know, you take the weekend off, or whatever. So what we're agreeing on you're now adding costs. direct costs means that you're that you're this time, this time is devoted to me

00:35:00--> 00:35:13

I can even prevent you from going to the masjid. Because this time is devoted to me, I cannot prevent you from making your Salah if the time will go out, you know, I can prevent you from making your Salah, but I can prevent you from going to the mosque.

00:35:17--> 00:35:38

And I can prevent you from from from a lot of things, you cannot be doing anything while you're doing while you're doing my work, you know, the rights of the employer huge rights for the employer, by the way. So when it comes to ethical standards that the Muslim employee should hold on to or should live up to huge, huge big, you know,

00:35:40--> 00:35:48

greater than whatever standards anyone else. So, so I can prevent you from, from a lot of things.

00:35:50--> 00:36:02

And you can't do, you cannot basically even read the Qur'an, while at work. If this distracts you from the job.

00:36:03--> 00:36:34

If you memorize the plan, and you sort of change it yourself in yourself without causing distraction, I can prevent you from the if it does not affect your performance, if it does not affect your job. If it affects your job, then you are ethically bound before Allah subhanaw taala did not do it, if it causes you distraction. If your job for instance, as a scribe

00:36:35--> 00:37:05

is to write, and you keep on reviewing the muscles of the Quran, you keep you keep interviewing, and that causes you distraction, you should not be doing this. But if it doesn't, if it's neutral or helpful, such as if you're a carpenter, for instance, and, or something that does not require that much sort of focus attention mentally, and you're doing some job. And this helps you motivates you to do

00:37:06--> 00:37:06

anyway.

00:37:09--> 00:37:55

So the difference here between the data and dialer is that in the iarla, it's not binding, and it's not specific, the amount of words whoever does it gets this much. And then that person the worker is not specified. And that is why you find the handbags, for instance, they say that you cannot hire someone to make an event or a primer to lead the prayers or to do something of its nature as an idea. But you could make it a Johanna, you know, you could make it a dial in is, in what sense? You will say, you know, we need someone to do this, no one is doing it. So whoever makes the event in our Masjid, we will give them this, you know,

00:37:56--> 00:38:15

every month surprise, it's not an order. Because there is no agenda for that. This is something that should be for Allah subhanaw taala, there should be no algebra, but it is a prize. And since it is a prize, what is the difference here between being a prize and being algebra?

00:38:17--> 00:38:35

This is not binding. And this is whoever can do it for us. We'll give him this. But if we chose someone, then certainly people will just leave him alone. But but then it is not binding, then there could not be contention and fighting. What have we found someone who will do it for free.

00:38:37--> 00:38:39

But certainly you have to be reasonable.

00:38:42--> 00:38:43

You really have to be reasonable.

00:38:45--> 00:38:47

But the point here is that

00:38:49--> 00:38:50

they're trying to say

00:38:51--> 00:38:55

that this is deserved as a prize, not

00:38:56--> 00:39:01

as an algebra, surprise for someone who will

00:39:02--> 00:39:10

fulfill that need for the community, fulfill that need for the community.

00:39:12--> 00:39:15

So that's the difference between Java and Java.

00:39:20--> 00:39:45

Then the six. So we talked about the definition and part of the definition is that we distinguish between a jar and saying and we said that the jar in essence is a purchase. But the difference between it and assayed is that the property itself can you know you could use like you could procure a benefit usufruct from the property without using the property itself

00:39:46--> 00:39:59

or without the property itself vanishing. And when we talked about the mindfulness and we said this is a binding contract, nothing would end that except if subject matter is the contract is not there anymore.

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

Baby that was going to be our breastfeed is not there, the house that we rented is not livable. So, so, or it has like a like a problem that makes it difficult to live in, etc, the car is not moving, something of that nature that will prevent you from procuring that benefit or that service or that utility, you die, someone else can do it and in your place, the contract is binding

00:40:29--> 00:40:46

the unless the hiring was for the specific person than in this case, the contract will be void. So a very binding contract. Then, the check we'll talk here about some of the conditions here

00:40:47--> 00:41:05

and some of the rights and obligations and we talked about the conditions, we talked about the conditions and we set the conditions you know mainly the issue of transparency mainly that the benefits got to be known identified determinately known this particular thing

00:41:09--> 00:41:16

or hormone souf, or more accurately described or accurately accurately described,

00:41:17--> 00:41:41

and then the compensation has to be also known and we said if the compensation was not known, because it's something that people do all the time, like you know, you know, carry carry stuff for people and they don't always make a contract, then the compensation would be called as it admits the equivalent wage or compensation, fair market value, fair market value.

00:41:42--> 00:41:55

Finally, rights and obligations of this contract and the sixth one is to say and for that one up mama comma woman is Sophie B, Jonathan Aveda is a Canon mithila who our do now.

00:41:57--> 00:42:11

However, rent something may substitute another person in his or her place to produce or to procure the benefit, which is a service or utility for the same rent or a different one.

00:42:14--> 00:42:38

That is only if he or she is like him or less. What does it mean like him or less? So he would explain it. If you rent a piece of land to plant to cultivate barley, you cannot cultivate wheat, pure entity cultivate wheat, it can cut to the barley,

00:42:39--> 00:43:04

wheat or barley puree. Why is it because the farmers will tell you it's more depleting of the resources of the land to cultivate wheat. So if you rent it, and we agree, you could rent it and say I'll calculate whatever I want. And then you could calculate whatever you want. But if you rent it, and you specify the agreement are rented to cultivate

00:43:05--> 00:43:08

we barley, you cannot cultivate wheat.

00:43:09--> 00:43:10

Okay?

00:43:11--> 00:43:13

If you rent them you too, right?

00:43:15--> 00:43:16

And let's say

00:43:18--> 00:43:21

you're about 150 pounds, 100 pounds.

00:43:24--> 00:43:31

You can have, can you have someone else write the Mew, as long as they're not heavier than 150 pounds?

00:43:33--> 00:44:09

Because you own what he wants to say is why is subleasing that's the modern term for this. Why is subleasing permissible in Islam, because you actually purchase the use service, it is yours, like a hack at the center of you can dispose of that you own that service, you own that benefit usufruct utility you own it. So whether you procure it yourself, or someone else, it is fine. It's fine. As long as

00:44:10--> 00:44:37

the rate of utilization is the same or less scald rate of utilization. If you if you if you're 150 pounds, and you rent to this mule and tell me I will go to Mecca, and come back. And when I discover that, you know someone else could be here, anybody

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

and they look a lot heavier. I can ask for the difference.

00:44:49--> 00:44:59

And in fact, you know, when the early the they had, they had figured this stuff out, they figured this stuff out. So let's say you're into them, you have

00:45:00--> 00:45:05

Me for 10 dinars take it to Mecca and come back.

00:45:08--> 00:45:16

Actually, it was the fair market value is nine dinars for your weight, your 150 pounds.

00:45:18--> 00:45:21

And let's say your 250 pounds.

00:45:23--> 00:45:28

Fair, fair market value is 12 dinars.

00:45:30--> 00:45:39

You give it to someone who's 250 pounds. fair market value is 12 dinars for taking that meal gone to McCain coming back.

00:45:42--> 00:45:43

And we agreed on 10

00:45:44--> 00:45:51

because, as the owner, I saw that you're quite petite. So, I gave it to you for 10

00:45:55--> 00:45:59

when we actually when the market value is actually nine

00:46:05--> 00:46:07

So, now, how much should I pay you?

00:46:11--> 00:46:13

I discovered that you give it to someone who is much heavier,

00:46:14--> 00:46:15

how much do I owe you

00:46:18--> 00:46:19

see,

00:46:21--> 00:46:22

sorry,

00:46:28--> 00:46:32

you give me two are we agreed on 10 fair market value is nine

00:46:34--> 00:46:42

and fair market value for those 250 pounds is to help. So it is 12 minus nine not 12 minus 10

00:46:44--> 00:46:52

that is how you determine the difference and you take that difference which is three and you add it to what we agreed on not the fair market value.

00:46:53--> 00:47:06

Because let us say you know I give it to you for more than fair market value because the it was the season it was the for some reason. You know my mule is special. You know I sort of

00:47:12--> 00:47:13

but that's how we calculated

00:47:15--> 00:47:17

the same sex settlement

00:47:18--> 00:47:21

for Lisa and fella Who's that oh man who aluminium Darren?

00:47:23--> 00:47:50

Darren men who have you heard it for Da Da Da Da Da Da Hua Li rule myth. If someone leases land for growing a certain crop, he or she may also grow any crop that is less harmful to the land. However, if the person grows something that brings about more harm or a different types of harm than he or she has to pay the fair rent or do not miss equivalent wage.

00:47:51--> 00:47:51

Okay.

00:47:53--> 00:48:04

Then the sheikh said we're an actor in a modern huayang. And I will, because we started five minutes late. So I'm going to ask you for five more minutes. Beyond the time

00:48:05--> 00:48:11

when an actor in a modern mahaya project was who I will humbly say infer that he thought he

00:48:13--> 00:48:18

was a man like any intelligent entity Federline didn't fill out.

00:48:19--> 00:49:03

The same applies to the one who rents a beast of Mount or an individual to carry something to a certain place. If the renter goes beyond that place or exceeds the carrying load, he or she has to pay the fair or equivalent wage for the excess and also bears liability, the amount for the loss of the commodity if it purchases, if the property is damaged without transgression, then there is no liability. He wants to say in addition to what we said before, that he will owe the difference between the difference for the rate of utilization. If the subleasing was the someone or some entity that caused

00:49:04--> 00:49:33

greater rate lower entropy utilization of the land of the moon or whatever you will pay the difference in addition to paying the difference, we did not agree that you will that I gave you this meal I thought Miami would contain it can handle you Well, this meal you brought me back to me with like a broken back well, you're dominant within the agree on this here liable.

00:49:34--> 00:49:38

Let us say my mule cart have virus.

00:49:39--> 00:49:47

You work you work you have them you my new EULA Coronavirus can die or became sick you brought it back to me who's liable.

00:49:51--> 00:49:52

The sword we see

00:49:54--> 00:49:59

the sword the owner because when you are renting a property you are

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

not responsible unless you do one of two things that you're tardy is an act of aggression, you do something wrong that you are not supposed to do. It is an act of negligence. You don't do something you weren't supposed to do. You don't do something you weren't supposed to do. So if you forgot, if you did not give them your food or water for two days, and the meal became sick and died, that is free, that's negligence. If you thought that if you beat them, you'll so hard that you hurt them you. That is called what transgression. So if there is no transgression, and there is no negligence, and something happened to their rental property, who's liable, always the owner, always the owner,

00:50:51--> 00:51:18

because I said, the only thing I purchased from you that I should be liable for is the utility, not the property, here's them. And if you rent it out to me, you're trusting me. You're trusting me enough to give me your property to use. And I only purchased the utility. So if like something happens at home,

00:51:20--> 00:51:21

you know,

00:51:23--> 00:51:46

we have leaking water in the ceiling. Here, you rent an apartment, the ceiling is leaking. Who is responsible? The owner? When would you be responsible? If you caused this, by that you're free? By doing something wrong? Or by not doing something right, something you were expected to do you're required to do?

00:51:47--> 00:51:56

It then the chef said, What are the monado as either the you add your own epsa who Matan behind you have female colorful via demon hydrate afraid

00:51:57--> 00:52:05

her worker hired for a certain period bears northern liability for damaging anything as long as there is no negligence

00:52:06--> 00:52:17

on the part of the worker that isn't at zero costs, that is the employee that is hard that is hard for a certain time you hire a maid that made at home.

00:52:22--> 00:52:26

And she does something she breaks something she does something

00:52:28--> 00:52:28

you know,

00:52:30--> 00:52:31

or he

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

who's responsible,

00:52:35--> 00:53:07

she or he would be only responsible if they committed tardy or top rate that something wrong or did not do something required. But otherwise, you are responsible, your employee is your responsibility. Whatever happens during the employment, the employer is responsible for all damages and all liabilities caused by the employee and the employee is not responsible, except when he commits 30 or three.

00:53:08--> 00:53:09

Then the sheikh said

00:53:10--> 00:53:20

then there is no also the man What are other gentlemen how cotton and how we behave. The auditor minimum is kasana when I'm testing the ad, what are

00:53:21--> 00:53:22

evaluated

00:53:24--> 00:53:58

Similarly, there is no liability on a copper or circumciser or acquisition if the person is known for his or her hair skin and did not commit wrongdoing. genelia. Shepard also would not be liable if he or she did not transgress. So the bottom line is no one is liable. And but when it comes to people who have special skills like the physician, the circumciser, etc, the hijab, when it comes to people who have special skills,

00:53:59--> 00:54:02

there is a little bit there is a little bit of a wrinkle here,

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

you may have not committed that you're afraid, but he got into the wrong business here, you're not really qualified. And the beauty of Islam is that even something of this nature before there was standardization, of these professions or anything the Prophet sallallahu Sallam said, Man, Tata Baba and your other men who took boon for hold on man, Tata Baba Mirada minimal boon for Obama. This was a quarterback with ultra high Bobby hands, whoever practices medicine, without being known for such sort of profession whenever you're at a minimum.

00:54:45--> 00:54:53

So practicing medicine without being qualified for what Garmin is liable, for, she is liable.

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

liable for the damage that you cause. Because he just got into the wrong things.

00:55:00--> 00:55:07

You know, you are not qualified. And that that Hadith is also to encourage us to standardize

00:55:08--> 00:55:12

the practice of medicine, which happened during the pharmacy

00:55:16--> 00:55:19

where they actually have licenses for physicians.

00:55:23--> 00:55:38

Then the sheikh said, as the chief said, unlike the additional costs your employee, if you hire someone, if you sort of commission someone to do something for you, unlike them,

00:55:39--> 00:55:41

unlikely to cause your own employee,

00:55:42--> 00:55:43

they will be liable.

00:55:44--> 00:55:59

Because he said loosely from NASA, that nothing would work except for that. And he made them liable. Which ones that Taylor you know, you give your the shoemaker, those people he said, welcome cassava.

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

Many, many,

00:56:02--> 00:56:08

many, many popular Metallica, br many Duna mahtani family.

00:56:09--> 00:56:24

However, a fuller, a tailor, and others, like them who work for peace wages wouldn't be liable for the damage they cause by their own doing, but not for what is damaged while in their custody.

00:56:25--> 00:56:53

Okay, so not for damage, not for damage that that happens while the property in their custody, I give you leather to make me a pair of shoes, I come back and you say we have a flood here. And I'm sorry, it's true and your leather is ruined, or we have a fire and your fabric is burned?

00:56:54--> 00:57:01

Here at Taylor again. So who's liable? Okay, then we want to ask,

00:57:02--> 00:57:34

did he commit any debris? Was he negligent? Did he not take the proper precautions, he did not commit any tougher it was just like completely out of their control. you're liable your loss company wise, but there is a disagreement over this also, because some some scholars made them liable. Since there has to be here since the they said that the market and it is not clear with our layman and liable for everything or making them liable for what they do.

00:57:36--> 00:58:30

But when when it is caused by them, when it is caused by them, they cannot tell you what is what is different to hear is that they cannot tell you I did not commit anytime you're afraid when it is wrong, when it doesn't fit you right? When it is when when something happens when they are doing it and then just their hand slipped note Are you not afraid no transgression, no negligent negligence? It just so happened out of their control, but it was their own doing not like a natural calamity. They are responsible? And are they ever mercenary or held to the you know, the the manufacturers and the with those craftsmen. liable, because he figured that the market can never thrive without trust.

00:58:31--> 00:58:51

And if I don't trust that I can bring my stuff for you to hero, make me a garment and I come back and then you tell me, you know lost this and that, then trust will be lost in the market. And that is a form of SSM practice to buy the Sahaba one ally.

00:58:52--> 00:59:24

That is counter to the PS because the PS which is technically those people should not be liable because you came to them, you trust them, you left you're stuck with them out of trust. So PS wise, they should not be liable, which is the sort of the technical analogy. But because the objectives the higher objectives are more important to preserve than the technicality. The scholars

00:59:26--> 00:59:36

would make them liable on the line who was the first to make them liable for the benefit of the people and for the benefit of the markets as well.

00:59:38--> 00:59:41

That will bring us to the end of this chapter.

00:59:42--> 00:59:48

The keekaboo Jarrah, it has nothing to do with particular Mohan diction learns the physical activity