Fiqh of Transactions #24 – Book on Endowments

Mr. Eddie You're so happy

to proceed insha Allah. Now we will go over the chapter on endowments

or get up at work which is an important chapter.

In the transactions in American Allah tala said in his book on the Kitab Buddha, the book of endowments

he said what Hobbes will ask me what the Spirit Samara walkthrough means retaining a property in trust and donating gets healed or instruct, walk for means retaining a property interest and donating it sealed or usufruct.

And work as an endowment is basically mushrooms as prescribed as the hub as recommended

by consensus of the Muslim scholars, and they mentioned

the you know, the Hadith of the Prophet sallallahu Sallam is a matter of no Adam Levine says, when the son of Adam dies is these will be interrupted except for three deeds. And one of them was sadaqa, jariya, ongoing charity, they said that this includes work as well. Now ongoing charity refers to work because work is an ongoing charity, the you know, the main property is retained and trust, it's not disposed off, it's retained that trust, but the either the usufruct of this property will be donated for a particular cause. They also say that what hamara do know and who had, you know, the piece of land that he said that have never acquired anything that's more beloved to me

than this. And then he went to the prophet SAW Solomon said to him that, that I want to, you know, to give it for the sake of Allah and the Prophet sallallahu Sallam advise them. To you have visited us, we've submitted Samara to retain the US though which is the property itself

and to donate the usufruct or the yield of it summer or the fruit usufruct the yield of it to the native for the sake of Allah subhanaw taala and Omar Ravi Alon who did

the

they also say that this was the Sunnah of the Sahaba Don't lie to him. In fact, Jabara the Allahu anhu said, Lamia, Khan,

Switzerland, Switzerland and the home McDarrah.

know one of the companions of the Messenger of Allah,

companions of Allah. No man, one of the companions of the Messenger of Allah sallallahu Sallam had the ability to leave an endowment, except that they made an endowment, or to make an endowment, except that they made an endowment, and actually, the endowments of the Sahaba are still existed up until now,

in Medina, and in Mecca, and so much good has been, you know, has resulted from the use of fraktur, the yield of the endowments of the Sahaba era. It's a warfare is certainly a brilliant, brilliant, brilliant concept, right? Because you're just

so many times, it's the idea of sustainability, you know, for any good thing to be sustainable, you want to support it, you know, long term without and

in order for it to be sustainable. So any good work, and that's something that we need to sort of realize here in America that the, as I always say, the hand to mouth,

sort of style

of managing our organizations, you know, by sort of periodic donations, is not sustainable.

Really is not sustainable. You have to have proper endowments for our organizations, whether those organizations are massage, you know, schools, think tanks, anything.

In Java, there will be a negative class at 10pm. I'm sorry, 10am euro 10pm.

At 10am in the main hall, so in trouble I will try to finish on time. It will be about the last 10 sorters of the correct everybody certainly isn't curves that and we will try

To finish inshallah before the before the class.

So endowments is very important, you know, sustainability and everything.

Then the sheikh said, where Jews will frequently pioneer Jews who are behind the MMR because he evaded vatika

misled us, man, we're not all mad, but I mean, this is permissible for any item whose say it is permissible and that can bring continuous benefits without perishing upon its usage, it would not be valid otherwise, such as in prices, foods and perfumes, it would not be valid in prices, currency, you know, foods and perfumes, because how do you make a walk you know, food

you the only way you benefit from it is to eat it. So, it will perish if you use it at parishes, but you could make a lot of real estate and the rent will be spent on particular purpose or particular cause, anyway, the conditions that that that need to be met for the walk to be valid for the walk to VB valid, the conditions that need to be met are six conditions.

But that the the pillars of a walk are four pillars. So at work if

that's the person who's making the endowment,

poof, that is the endowment itself or the property that has been endowed alma bufala II

that is the beneficiary of the endowment and a seagull

that is the form

of

the modality or the form of making the endowment

and this could be verbal or non verbal,

verbal or non verbal, non verbal according to everybody except to the shelf it is the Shafi said there is no non variable has to be verbal, but anyway, so, that conditions that will apply here is that the condition that will apply to this one at work if which is the person making the endowment, he has to have the Aliya which has to be authorized, authorized meaning you know you cannot be a child and make a work you cannot be insane and make it work you have to be authorized to dispose of the property you have to be the owner, the rightful owner and you have to have the layer or the authorization to dispose of the property. And now poof

you know the property that is being endowed, what are

so, what are the conditions of the property that is being endowed it it has to be a sellable property a property that can be sold a property that can be sold.

So, like dogs, you can make up for a dog.

Also, they used to get the example of the mother of the child, you can sell a mother you know the

terms of slaves, you can set her so he can make a walk.

You can make her walk and then the setup well there's one designated as another one has to be designated. So you cannot say make high high put in trust high retaining trust one of my houses that doesn't work it has to be designated. So sellable, something that you can sell and designated these are the two conditions that pertain to Alamo poof which is the property to be in doubt among Chua Lee, the beneficiary of the trust and mo bufala he has to be

has to have the lay of ownership has to

have the capacity to own a property, the capacity to own a property, which means what it means that you cannot make a walk.

You cannot make the angels are saying that you breed on a seller. When some people can think of these ideas and the you know, people can think of all kinds of ideas, so you can't make sanergy rely instead of a beneficiary of the walk.

And you can't make deceased persons beneficiaries of the world you can meet make disease earlier.

For instance, beneficiaries of your work, also in the home value method, you can make dogs or cats, beneficiaries of your work, or other animals and beneficiaries of your work. But there are some other positions where you could make a walk and not make the bed man do not make the dogs and cats beneficiaries of the walk. But in in Damascus, for instance, there were a path that were made

for sort of stray animals, you know, for the protection and the welfare of stray animals, that would include all kinds of stray animals.

And, then, but so so the person who found ie the authorized authorized to own the beneficiaries has to be authorized to own and then a see

a CNR.

We talked about this, it's either verbal, or non verbal, according to the UN bodies.

There's certainly the pleasing to Allah is the first one. So there is no walk for for marceia. pleasing to Allah, by pleasing to Allah, by the way, in the in the wide sort of sense, in the comprehensive sense of pleasing to Allah. So can you make because you could make the beneficiaries of your work for your kids, so pleasing to Allah does not necessarily mean that you have no self interest in it. You could have some self interest in in the world, you could make an endowment for your kids, he could retain a property interest and make the use of frog make your kids the beneficiaries of this, your descendants through a you know, for the Day of Judgment, the

beneficiaries of this.

So, is this pleasing to Allah? Yes. You know, doing kindness to your kids is pleasing to Allah, for sure.

So pleasing to Allah in that sense? Not that you

also can you make, can you make a work for yourself?

Yeah, some scholars that you could make up for yourself, it is the the weaker position and somebody may have the stronger position is that you can't make work and make yourself the beneficiary. But the there are other men that have that allowed you to be the beneficiary of your own work. And there is a report from the humble method also, that will allow you to be the beneficiary of your own wealth. And it may have been Tamia Rahim, Allah supported that position, you can make yourself a beneficiary of your work. So what's the benefit, in this case, you don't trust yourself. Like if you're if you don't trust yourself, and you want to retain the property,

and only, you know,

make use of the usufruct make use of the rent, or whatever you have, like a building, and you're afraid that you will sell it,

you could put it in a trust, make yourself the beneficiary, you have no ability afterwards to sell it, but you could always make it like use of the use of rock for the yield or the rent of that building, or that property.

So

it's a good it's a good thing for people who may not be particularly prudent with their finances.

So, these are all conditions to make a work valid.

One condition that we did not mention, which is what the CFO just mentioned, now, is that the you know, it is not not permissible, not permissible or

not permissible, not permissible means that it can be utilized without pressuring, it does not mean that it is a sort of, like everlasting, it doesn't have to be everlasting, because you could put a horse pretend a horse and trust, it will be used as long as it is alive, it will be used as long as it is alive. So meaning not perishable, meaning that it will have it will be used without permission.

So food cannot be used without permission. You have to eat it.

And the same thing, huh?

Actually, yes, you can make a three hour so the fruits of that

will be basically that you have designated beneficiary of the fruits, yes, anything that can be used with our person that that yield the some utility benefit usufruct something with our person

Okay, now can you make, he said currency you cannot because currency, the only way that you could use currency is to spend it, right. But there is a position that you could actually put some currency in, retain currency in trust for

borrowers. So, you could keep some, like money interest, and say that this is for people to borrow.

And, you know, they pay back, and then when they pay back, someone else could borrow, and so on. So, that, that would also, even though an embodiment of its smell, but it would also meet the criteria of being having some benefit without purchasing, the borrowing itself, the ability to use that money for some time and pay it back is a benefit.

I don't recall now the method. I'm quite sure there is that position because we looked into it before, but I don't recall them. Yeah, it's outside the handling method.

Well, I also have a lot of veteran alma rufen that work for it, it cannot it can only be established for good slash righteous ends, as indicated in our report. Mr. Narayan Amato. delanco nocardia lanius optimalen hibernal most of Northern pop to anfis Wendy men who for metamodel nifi Solomon Cheetah, best as loud as Dr. De La Hoya you have what I call a

carbon copy of exhibit 11 is a video of life. LaDonna Haldeman Woody, what do you have any Aquila minha casa de Rahmatullah willing fee okay. So, now, we will just mention the story of a normal Ilan, who, when he went to the Prophet sallallahu sallam, and asked him or messenger of Allah, I acquired some property at fiber, which is dear to me than anything I possess. So, what do you instruct me to do with it, you know, lentils,

do not contain righteousness, until you spend of that which you love the most not. So, this is the best, the most the dearest thing to Amara Delano of his wealth. So, he wanted to use it for this, he wanted to give it

for the native for the sake of Allah subhanaw taala. So, the Prophet sallallahu Sallam said, If you wish to retain it and give it crop yield, in charity, but it it you know, the property itself should not be sold gifted or inherited. So are donated for the crappy have to be divided among the poor relatives of his

among the poor, relatives of his

slaves

to buy their freedom, those in the path of Allah for Jihad efforts, wayfarers and guests, wayfarers and guests the individual responsible for it which is the workflow manager is not to be blamed for making use of a reasonable amount of it and feeding a friend from it without hoarding hydrometer malware without saving. So, basically, the person that walked manager will take whatever is sufficient for them.

And they could also like if someone passes by, like the walks, you could give them some of the fruits but but you do not hoard it either not keep

Okay, so why is he reporting this because he's saying that, that, you know, the armor made the work for for his relatives, the poor among his relatives, for the slaves to purchase them and to buy their freedom. In the path of Allah for Jihad efforts, wayfarers and guests. All of these are pleasing, you know, to Allah. All of these causes are pleasing to Allah.

Then the sheikh said where's the hard work for will probably unfair that deadly Allah He Mr. And Mrs.

Whereas another nasty philosophy of psychiatry in why you shall

walk we can be effected through a statement or an action that is indicative of it such as building a mosque, and allowing people to pray in it, or building restrooms or water fountain fountains that are made accessible to the public made accessible to the public. So, aside from the shafa is everybody will allow the what would consider a non verbal modality of sort of retaining property interest making a non verbal modality, they say that if you build a structure that looks like a mustard, and allow the people to come into that structure, and pray, you do not need a verbal statement to for the structure to be in doubt. Once you've allowed the people once you've built the

structure that looks like a master then you've allowed people to rebel like a restroom industry. And then you open it for the public or a water fountain and you made it accessible for the public, you do not need any verbal modality for the walkthrough to be binding that is enough to make the work binding the Shafi said you do need to make the statement I put this in trust I retain this interest.

I am actually inclined to the Shafi position here, because it's sometimes it could get murky, like you know, and sometimes also people could open they're

like, some sometimes people could open their basement for others to pray

or they

could allow people to come in but they don't really have the intention. So the Shafi position you know is makes it a little bit more

sort of clear, less ambiguous removes the ambiguity. So, the walkthrough becomes a binding when you say I retain this in trust or I make a walk out of this,

but the majority said non variable would be binding as well. So, anyway,

then the sheikh said what I choose obey or who in

favor will be called Leah for yoga will be my Kumu Makana

it is not

it is not permissible to sell it the walk furnace the benefit that it provides has ended altogether in that case it can be sold and another should be bought to take its place in that case it could be sold and another could be bought to take its place does this apply to all our calf? Yes, it applies to all our cloth does this apply to massage it in the Hanbury method it does apply to the master. So, we know that the wife of the masjid in particular is like the most sacred type walk type of work is the work of the master. So the master and

you know that that

must have needs to be a walk for the master they are a complete master they have to be established for the ruling of a mastered all the rulings of the master to apply to a place it needs to be our in the endowment because it needs to be freed from the owner separate people and you know other people will have the position which is hey as they'll be able to manage it, but they will not be the ultimate owners the message should be on the buy. It should should be freed from the owner or people it goes back to the default which is everything is owned by Allah Subhanallah Todd, so but but the workflow of the mustard after you make a workflow after you make a mustard

walk or you make a building walkthrough for a mustard Can you ever sell it? The majority said no you can never sell it even if it becomes in ruins like no you cannot sell it even if the community moves away you cannot sell it

even if there is not a single person making use of that master you cannot sell and Who said that? That is the heart of his except that Muhammad Hassan you know as you know

Have a position similar to the honeyberries I as a as far as I remember, but the Hanafi is in the authorize the view the medic is and the chef is you cannot sell it regardless you cannot sell it. Now the Hanbury said if the master if the master The combat is also are saying if you have a master

that became

you cannot set it as long as it is still provided it is still usable as a master and it still provides that sort of service to the community. Even if it falls apart and to reconstruct it, it will be less than what was in value or you still reconstruct it, you still use it as a master, you're only allowed to sell it if it will

not that it will, it cannot be used anymore as a master. But if it is not suitable because the honeyberries also expressly stated that if it became too tight for the community too crowded, because the community grew, they allow you in this case to buy another one to sell it and buy another one.

So it is not only that the use of it was that it would not be usable whatsoever. But if it became unsuitable for the community, then I say the masjid you know, and we get those questions all the time because this is a very controversial issue. And people will know that we are Hanbury the the kind of like us, because

because the other thing is I have will not allow them to sell it regardless.

But if the message, say the found toxic substance in the basement, for instance, and the in order for them to get rid of it, they'll have to pay so much money, it will really hurt the community to pay this money and they want to move to another place, you could move to another place in the Hanbury meth lab, you could move to another place, if it gets too tight, if it becomes inaccessible traffic, this that, you know, creating a lot of problems parking, all of that stuff,

you know, it is not suitable for the community anymore, you could move it to a different place. Having said that, this has to be because this always creates so much

controversy, this has to be done with complete transparency. And the management pointed out that the people who will be in charge of making the decision are alowed nested, that is the neighbors of the mustard, that is the people who frequent the mustard all the time. So this has to be done with transparency, and has to be discussed, people need to agree on it and so on, or the majority of the people, not all the people because you cannot get all the people to agree on anything. So the majority of the people will need to agree on that decision. This in this case, and this is one of the most raw data of the math, I have one of the peculiar positions have the mother because the

three other mother would not allow you to sell it

if it is over must. Now if it is

if a walkthrough For instance, if you have two works, for instance, and the only way you could sustain one is by setting than the other. Can you do this in the Hanbury method. Yes. You know in the authorized view of the belly method, if you have for our class, you The intent is to keep all the above but if the only way to maintain three out of four is to sell the force can you do this? Yes, you could sell the work to maintain the three others.

In the Hanbury method, if you have a works for msgid like a building or like a rental property that produces you know profit and the Prophet was designated the masjid was designated as the beneficiary and you have surplus, can you take that money and give it to another Masjid? Yes, you could. If you have a beneficiary, but there is surplus, but there is a possibility that there will be deficit at one point. Then you keep the surplus you saved the surplus for that decision.

nated beneficiary, but if you're comfortable, that the profit that is being made, there is like surplus. And then you could share the with with similar

similar cause with a similar cause. So if the beneficiary of the workflow is madrasa school, you could spend on another school from it

similar Cause if it is a Masjid, you could spend on another message from it.

But if you have a lot of surplus, and you have satisfied the similar causes in your neighborhood, in your community, where does the surplus go? In the Hanbury method, the default basically is the four para the poor, they will always get everything because it was reported that the RSA approved of

carbon and carbon which is the wornout,

the wornout curtains of the carbon,

the coverings of the carbon

Irish approved of setting them they work as approved of selling them and giving donating their price to the poor. So the poor will be the default. You start with seminar cause you start with the designated beneficiary, you move to similar cause and finally the default that will take everything from everyone is the poor, poor people called for Cara

okay. So,

it is not permissible to sell the work unless the benefit that it provides has ended altogether in lambda calculus ubiquitously, but we also explained that they are a little bit more flexible in the commentary, if more flexible in the commentary is about metadata. When the master becomes too tight, like when there are certain other reasons the best it becomes unsafe, it's a very old property, etc. and in order you know, it will, it will cause the community hardship to renovate, to remodel that in this case they can buy another property and that other property should serve the same cause like you don't like you know you're not going to go buy another property in Las Vegas for instance, if it is

the Masters in central jersey, you will try to find something nearby to serve the very community of the First Minister.

Okay.

Now that she said what else what hobbies it

will be our studio beam is called invisible What must you do is Atomium rbv mechanic viano piano mechanic flb for instance, a war a war horse that is retained as I work for but is no longer fit for battle can be solved and another horse that can serve that end is purchased in its place, or a share in a horse. If the price is not enough to buy another horse you might have seen mindshare in a horse that will serve the same purpose. Similarly, if a mosque is no longer of benefit in its current location, it can be sold and relocated for a place where it will be of benefit and the hunt Valley site. Certain incidents that happened during the time of armor, or the Allahu in Kufa, where the

Baten man was robbed, in Kufa, that's the Treasury, the Muslim Treasury

and the armor at flies, the masjid the moved in excavated man so that people will be coming in and out. So half the mustard and baited me you know. So like, people will keep an eye on baiting men

because they're coming in and out of the mustard. So the master that that was in seminary in a market called the term marry

people who used to sell dates, you know, so the the date market, the master that was in the late market was moved to another place, which for the combat is is good enough of a precedent to allow relocating method

and check mahama to pay off money by the way, he felt that

he was asked about because, you know, scholars are also flexible when it comes to ies hanafy for sure. But they asked them some community here in America, they asked them they said that they're moving

or something of that nature and he said that if people are moving into it as

not having a use for the mustard anymore you could use the Hungary position in this case and sell the mustard to purchase another method in another area you know the money should be used for a similar purpose

where they often work for a sleepy he was rude he was that a TV with the suffered in our throat he behaved alika another II II II II love the Rockefeller Rockefeller or the philanthropy model Misaki in Canada,

in the new formula Baba Hamada Bob is a Lamia coming home

Misaki with regard to the practical administration of a work such as its expenditures, its stipulations, how it is organized, what types of people that are included or excluded as potential beneficiaries, its manager and his or her compensation, the determining factors that must be referred back to are the stipulations made by the end our they say that here sharks will walk if because of this era, the condition stipulations of the walk of have the power of the conditions of the shadow the legislator, you know, divine

unless they violate the divine laws, okay. For example, if a workflow stipulated to be endowed to the children of a certain person, and then to the needy, then there would be no differentiation made between the male and female, unless some sort of preference had been stipulated. Furthermore, only when none of the children of the specified person remained with any needy person receive assistance from the work. So that What if he has so much power, it is his property. So whatever it's the violations, the lack of makes, unless those stipulations are

in conflict with the divine. So, you know, you cannot make a walk for a nightclub, you know,

for for a nightclub, you know, you can't make the beneficiary of your walk

a particular group of sinners for instance.

But you could make a sinner, you're the beneficiary of the wealth, but you cannot designate a particular group of sinners as the beneficiaries of your work.

Could you could you make a walk from for instance for a church?

No, could you give the church a property and tell them anyone who comes by stops by

feed them from this property? Yes.

Because here, feeding people, whether they are Muslim or not Muslim, is is a good deed. So, and

in this case, you you're making the walk for the feeding of people who pass by column and morale and can easily so, this is a walk for everyone who passes by the church

to basically if you make like an orchard, for instance, to take from that orchard.

Now,

if you make a workflow, he said here is are the your conditions your conditions. Now, if you make a condition that is also unrealistic, that will basically we have to protect the cause of the work. So if you say that this walk should never be sold, when that's the default, the walk should never be sold. If you add this as a condition,

and we needed to sell it afterwards, we would invalidate your condition.

So if you say that this master should never be sold, but it was determined afterwards, when the message is not resolved anyway, but you added like emphasis, you know, should never be sold. We can at one point and we have to relocate the mustard for one of the purposes that we've mentioned before that would make it lawful, humbly wise to relocate the mustard, we want to invalidate because we want to protect the cause the purpose and we want to respect your conditions as much as the as as we can, unless they violate the divine instruction or the violate the cause of the workflow itself. Then we will not respect to the condition then

you could make a walk for for your children and you do not need to be fair, but it will

Between you and Allah subhanaw taala.

Because the workflow here is not made, you do not need to be fair in the signal, you need to be fair, I'm saying that you do not need to,

you're not in not need to give them equal shares. And you do not need to give the male twice the female, you do not need any you could basically you have, like younger children, you have disabled children, you have children that are just incompetent. Some people are, you know, and you're just afraid for them,

then you could give them a little bit more, could make a walkthrough for them, and you give them a little bit more. Now, you will be, you will have to answer to Allah subhanaw taala on the Day of Judgment, because if you are if you're being unfair, you know, you do not want to respect the laws of inheritance and you're being unfair, or you it's just out of presentment of the laws of inheritance or just unfairness or something of that nature. And you take all of your money and you put it in a box and you distributed in whichever way you please, without justification, then you will answer all those rather, but the work phase will be valid in this journey as I walk for will be

valid. So you take if you take like a property, and you say that this will be well, the beneficiaries will be my children. When you say the beneficiaries are my children, the main will take the same like the female, because that is not an inheritance now, and to be just fair, or just to your children in the donia the male is like the female, or it's not like the inheritance thing where it's two to one. So it will be divided between your children, the male, like the female.

Keep in mind that if you want your descendants to to be beneficiaries, you want to specify that you want all of your children, descendants to be beneficiaries, whether they are the children of your boys or girls. Because if you don't do this, then the girls of the first generation only would get

you know the the what would be beneficiaries, but the descendants of the girls would not get will not the beneficiaries. But if you want to say for all of my descendants, that's all of my offspring, whether they are children of males or females, whether they are connected to me through males or females, then the wealth the beneficiaries will be all of your offspring, regardless of their connection to you, whether it was through your sons or daughters or their sons or daughters and so on.

You could say you could designate the beneficiaries layer after layer, you could say this walkthrough will go to site and after they it will go to

the master it will not be off with a message that will go for the benefit of the master. You know and after the message said

the beneficiary will be the poor

we will have to follow your order

we will have to follow your order. If one was not an acceptable work

like you save for instance after this will be will be for saving the debris.

It will we will escape. If the last one was not

someone who can be Makuhari not someone who can be a beneficiary. What do we do

that we're the beneficiaries will be your children.

So, you said the work it will go to site it will go to the masjid and then it will go to save Nigeria Allah He said

we will make the first beneficiary we will make the master for the designated period that you said it will be for the master the second beneficiary and then if the last one is one copper, the last one is not an appropriate work, then it will go to your descendants.

Then he said well metric cannot work for other men. yukino Hassan laziness Dr. Boone B was so eager to what this way to binomial let me find the bottom. When immune can hospital home desert of the robot the mother bobbin was successful I hadn't been home. If work is allotted to a certain group of recipients or beneficiaries.

can be all served or reached by the web, then distributing an equal portion to each one of them is mandatory, unless some of them were expressly preferred by the stipulations of their work. If serving or reaching all of them is impossible, then preparing some of them over others is permissible has is a lot in get

to one of them, in particular. So if you make, you know, the beneficiaries of the work, you designate your offspring as the beneficiaries of the work.

And then your offspring will be like, let's say one of the Sahaba allowed a, let's say, Ali or the lawn designated as offspring to be the beneficiaries of the war, and three generations down on his offspring.

Were 125 people, you could distributed among the 125 people

20 generations down his offspring were

2.6 million people.

You can't really distributed then in this case, you'll give it to some of them and give it some of them. If you make the beneficiaries of the work the poor,

then in this case, you will you will have to either the manager of the wealth will have the right to give it to some of them, or even one of them. If you're making the designated the beneficiaries of the walk free in the captives free in the slaves, the beneficiaries of the walk well, you know, during those times there's so many of them, so that the manager of the walk will determine

where the will who would be the beneficiary because you just can't distributed among all of them. And that that's obvious that's clear. It's it makes sense.

I think we have to finish now called Coronavirus.

Shadowlands. The purpose of what I can't