Fiqh of Transactions #25 – Chapter on Gifts

Hatem al-Haj


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On the last

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30 years of human Earth I'm about to proceed.

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So today, inshallah we'll go over two chapters. The first one is the chapter on Alibaba, the gifts. haibun means gift.

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And the second is the chapter on the gifts of the terminally ill. I mean, it's the same topic. But there is a little bit of nuance in the second chapter, which is, gifts here being given by someone who's terminally sick.

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It is the terminal fatal disease

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that will be connected to the meaning that would be followed by death.

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So if someone is really really sick and gave a gift to somebody, but then he recovered thereafter, that's not applicable to you know that? Well, you know, that the gift that we'll be talking about in the next chapter, is the gift of the terminally ill who died

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haftar during his terminal illness during that particular terminal illness. So, let's first start by the chapter, he but then he recovered thereafter. That's not applicable to, you know, that was the, you know, the gift that we will be talking about in the next chapter is the gift of the terminally ill who died

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during his terminal illness during that particular terminal.

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So, let's first start by the chapter here recover thereafter, that's not applicable to you know,

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we will be talking about in the next chapter is the gift of the terminal

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transaction after

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terminal illness during that particular terminal.

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So, let's first start by the chapter

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two thereafter,

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it is the transfer of ownership during the life of the donor giver, without compensations transfer ownership without compensation. So,

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that the you know, you remember when we talked about Slovak and we said that subak is

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is a gift that we try to translate in Slovak as the wedding gift. Because, even though the transfer the right way to express this is the science of transfer of ownership without compensation, because there is no compensation here, it's like an expression of love and commitment, I guess.

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So, transfer of ownership without compensation, if it is Hola, then there is compensation because I guess

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it is talaq talaq in this case would be

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the compensation for for holder if it is sale then there is certainly compensation transfer of ownership, you could transfer we could give someone property as rent for instance to rent the property from them you could give them your own property and this would be transfer of ownership

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with compensation but gift as transfer of ownership without compensation. So, that is

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the definition of gift So, what is the routing of giving gifts

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giving gifts certainly is recommended this master habit is the Prophet sallallahu Sallam said to her though to have boo

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suffers heavies here in this chapter.

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Haha boo.

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So, the handout means what exchange gifts whenever something comes in this particular

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construction, the word comes in this construction which means the fair either or the foul.

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It means mutual exchange that means mutual interaction.

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Both parties So cartella means what they fought each other Catalans killed the cartel means they fight each other.

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Exchange gift among each other. exchange gifts among each other

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Or amongst yourselves.

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have blue means what? so that you may love one another.

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Or it means that that would make you love one another. How about exchange gifts that you may love one another, or exchange gifts with that, because that will make you love one another.

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It's certainly important to say that the exchange of gifts has to be meaningful also, because you know, sometimes exchange of gifts could be a very mechanical, it has to be meaningful. And one of the things that I always say, when I talk about metabo, when I talk about following the prophet SAW, suddenly hearing to the center,

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the value of this and how it is related to loss, how it is related to devotion to Allah subhanaw taala, because the Prophet sallahu wa sallam is the one who knows the most, what is pleasing to Allah. And if you truly want to please a lion, if you really want to show devotion to Allah, you need to adhere to the way of the Prophet sallallahu sallam, because he is the most knowledgeable of the way to please Allah to plead to please Allah appropriately.

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So in this case, metabo or correct, correctness would be related to devotion, you can really claim that you're devoted to Allah without being without working hard to be correct, and to be compliant with the shadow of the Prophet sallallahu Sallam

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Can you usually give this example that like, sometimes, when people give gifts, you know, if you want to buy your mother a gift, for instance, some people can just go to any website, they pick anything, and they just send that

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to their, to their mother, that will be it. Whereas other people will work harder to figure out what is going to be what she needs, what she likes, you know, they can be asked around the ask their siblings that you hear our mom say, recently that she would love or have any particular thing or that you'd like to buy any particular thing. So that extra work, that extra effort to figure out, what is exactly

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that you should buy as a gift is important. Because it's about the symbolism, it is not about the value otherwise, a lot of people nowadays in particular,

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you know, to get them a gift, it's almost sometimes a burden, because they have to give you get you a gift as well. And sometimes once they get the gift, they have to find a way to return it to the store. And you know that that happens also around certain seasons here, like, you know, within the general society, where gifts are being returned by almost everybody. So the idea here is to not do this mechanically and to try to do it with a little bit more thoughtfulness, trying to figure out what could what could be a good gift that is symbolic and at the same time, meaningful and at the same time would be appreciated by the recipient.

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So that, you know that exercise

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of kindness would bring about the desirable outcome, which is love.

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Having said that, gifts are recommended and encouraged. And you need to be thoughtful about giving gifts and receiving gifts and the Prophet sallallahu Sallam carry that over the Leahy cafa He promises not amused to

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sort of whenever he received a gift, he will compensate the giver doesn't have to be immediate that you know at one point he may you put in your mind that you want to compensate the giver the law even say that not compensating the giver and not given a gift back to the giver is a form of thought fief. It's a form of inequity in equity, to receive gifts and not

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you know, compensate makeup in some form and it doesn't have to be you know, because people also have different

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capacities. So it doesn't have to be like equal for equal but some form of compensation.

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And now gifts for non Muslims are recommended as well.

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Because the hero conciliation of hearts winning hearts and minds and

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consideration of hearts is one of the objectives one of the costs of Islam. So giving gifts to non Muslims is recommended as well. The Prophet sallallahu Sallam exchange gifts with

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or you know, he received like a cloak annual from the Christian can give eila

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He also received gifts from an office who was the chief

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of the Coptic Christians in Egypt. He received gifts from an agency, the before and after his Islam. He also sent gifts, Najafi, he sent a mosque, he received Fibonacci, you know, various gifts, including boots.

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So they, you know, the gifts May, you know, seems like a cloak and I'm you from kitchen gigabyte boots from images, fees and mass. The gifts are also these are meaningful gifts during very time, these are pretty meaningful gifts

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and things that are needed. You know, Amara Delano also sent to his brother, his much like brother, his non Muslim brother, he sent him a silk garment

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which tells you that gifts also for non Muslims could be a little bit more flexible when it comes to

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you know, even even a sub garment would not be acceptable for a Muslim to wear. But because this is not the

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sort of mocassin this is not inherently forbidden for itself, it is forbidden for whether it leads whether it leads to then you could

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you can give your non Muslim friends gifts that you may not receive as a Muslim. And you may not use as a Muslim, certainly you don't buy someone like a bottle of champagne and give them because that that is a BS that is not wholesome, you wouldn't want it for yourself, you wouldn't want it for anyone else.

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So, it certainly gives non Muslims However, in the in the method, the caveat here or the exception here that in the method exchange gifts with non non Muslims which would be recommended throughout the year. And it's particularly forbidden on the day because the idea here is the balance between kindness to the person and preservation of your identity or not agreeing to false hope, you know, because we you may not agree to the to the purpose or the reason the cause behind it to begin with. Like let's say for instance Easter, you want to be kind to the people but you do not want to recognize Easter because it is you know the rising of Jesus peace be upon him from the dead, then we

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don't believe that he died and so on. So, you do want to maintain that balance. So that's why in the method is clearly expressly stated that the although it is recommended throughout the year, but are particularly on very day, it would be forbidden.

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He agreed Hanafi scholar also in his book Debian and haka

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compare that he said that this would be akin to this belief. He said that this would be an act of this belief and certainly there is a difference between being inactive this belief and the person being a disbeliever you have to always be careful about this. Do an inactive this belief does not automatically mean that you are a disbeliever

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that should be clear. Okay. So

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so he

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So the thing is what should you do then

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you should you like if there is the season of giving gifts, and you want to show the your generosity and kindness and you want to extend also you know your your your to be courteous, extend kindness to your co workers, your relatives and so on. Then you could give them the gifts prior to the to the day

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so that when they come to you had already

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given them gifts and you want also to do this on your own a day. You want to give gifts on your own a day or you want to give gifts throughout the year, but just avoiding

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their particularly the for the for this concern. The idea here is maintaining striking the balance between kindness the person kind

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Listen the people and preservation of identity and AIDS in particular have been always linked to to religions and to religious traditions. In particular throughout the history the major aids of any nation have been always linked to a related to their religious traditions

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which does not mean that on the idea you cannot accept their idea you cannot accept gifts from them. In fact, you can because the here this is just like sort of mutual kindness between people you could accept the gifts and then reciprocate later reciprocate air via reciprocate on your own a day, but on their a day you could accept gifts from them. This was reported in Santa Fe with navvy shaver from eyeshadow, the Aloha that she was asked about the Zoroastrians giving gifts to Muslims on the Nowruz day, the now now ruse is the basically the beginning of the Persian ear, it's the first feast that coincides with the beginning of the Persian year at the equinox

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and it used to be celebrated by various nations in the past not just the Persians used to be celebrate various nations in the past and I chose asked Can we accept gifts from them under an hours day? And she said yes, you could as long as it is not meat, which is obvious because you know the meat we only eat meat slaughtered by Muslims Christians or Jews.

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So, it was also reported that Mira Himalayan his book last rotten was takimoto reported from Alia the Allahu anhu that he accepted

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their gifts on on the Nowruz day

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so then giving gifts that are Muslims throughout the year is recommended avoid the their day because you want to be kind but you do not you want also preserve your identity and not recognize anything that you don't believe in particularly. And if they give you a gift on their a day you accept it and you reciprocate on your own or on any other day. So that would be in summary what the rulings about

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but in general given gifts is recommended. It's it's an act of piety and active kindness is a means to bring about love between people which is desire, you know, a very desirable outcome

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then that she accepted

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a job Yakubu

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moqtada and it may

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it is valid with an offering and acceptance or handing over accompanied by an indication that it is a gift it is valid by

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offering and acceptance and offering and acceptance each other you remember from

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nica You know, there is there has to be job and trouble and he job means what offering and cupboard means acceptance, it means offering public means acceptance. So, in

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the job also needs to be before the boot

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that sometime you know often missed by people. So, you could do you could do demand and then offering and then acceptance So, that it may, it does not look awkward or sound awkward, but the acceptance will need to follow the offering. So, when they were they have the bride says you know the wedding of the bride, it's not that the groom would say, you know, give me your daughter in marriage and then he will say give you my daughter in marriage and that's it we go home the groom would thereafter have to say I accept the marriage because the offer English is I give you my daughter and marriage This is called the job this is the offering and then the groom will thereafter

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have to say accept the marriage anyway. So it's offering an acceptance.

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The idea also is like this. So you give someone a gift. And you tell them this is a gift and they say I accept but in you know in the math habit is it clearly says what our play and mortality be made

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or handed over with an invocation, something to indicate that this is a gift.

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And uncertainly it would be obvious you know if it was a gift, it would be obvious so to hand somebody over

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over like a box, you know with ribbons or something, it would you don't have to say this is a gift for you and then the recipient would not have to say I accept,

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but certainly when it comes to big gifts, you try to make it like he like big big gifts, you know, just make it also a variable contract. So, that it is clear and so that there is no disputation afterwards there is like a clear offering and clear acceptance and then it will not be binding before top which is the actually possess it receive it

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to actually take it that is when the gift will be buying them.

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So, what are the JBL Kabuto alternative alternate reality

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is valid with an offering and acceptance or handing over accompanied by an indication that it is a gift

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without some will do what I do in London, well it probably Rasulullah sallallahu Sallam the hello there has been an attempt failed Dr. Elwell, either female Yachty

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becomes a binding upon position. And it is not revoked except by the father taking it back from the child. This is based on the statement of the Messenger of Allah sallallahu sallam, it's not permissible for one to give a gift and then take it back except for the parent with his or her child. And in the translation of the Hadith I did not say Father, I said parents because of the particular wording give it

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an Imam Kodama is citing here in the madness says and whether or not

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it says the parent not the father, which will bring us to the next discussion, which is whether you know, a mother could take her gift back from the child, but before we get to that discussion, he says what other than when it becomes a binding upon position. So, the gift is not binding and anyone can take it back. Even after you know, it becomes your it technically becomes yours after the offering and acceptance and even before offering and acceptance, then it becomes the recipient then, so offering an acceptance, I give you this as a gift I accepted it is now yours, it is now yours, you could now you know

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do anything you want with this gift. However, however, it does not become binding until you have possessed it until you have taken it until you have you with the recipient have taken it which means what if it is not binding until you have taken it It means that the donor may take it back. You know after offering an acceptance and before position before you actually take it. The donor may say well, I'm not going to be able to do that I'll take it back.

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After you take it the daughter will not be able to take it back that's that becomes binding except except if the donor was your father, if they accept if the donor was your father according to the method.

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According to the Hanafi is no one and some also we can report within the Hanbury method no one can take the gift back. According to the sharp eyes. Both parents could take the gift back. According to the honeyberries only the father can take the gift back according to the Maliki's both parents can take the gift back with one contingency the mother cannot take her gift back if the child is fatherless because that would meet the definition of orphan and he can take your gift back from an orphan Okay, so that's that is basically episode Why did they disagree? Why is the Why is there not much disagreement? Keep in mind that they all agreed. They all agreed

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that after club after club

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which has position which is the recipient taking the gift, no one you know other than the parents and then we'll come to discuss the the parents, no one other than the parents have the right to take the gift back and it is not fair.

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miserable for them. And the profits are solid like into the this to someone via you know to like a dog vomiting and then swallowing their vomit.

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And why is this?

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Why did they disagree when it comes to the parents which parents could give or whether parents could take their gifts back or not? Well the first Hadith is this one here that Hello DR Horton and Yachty RPF and fire dr via the female AR t what are the message reports better mizzi from abnormal, the low one. It is not permissible for anyone to give a gift and then take it back except for the parent with his or her child except for the parent with his or her child. So why did the hand Belize say that it is only applicable to the Father.

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The family said it is only applicable to the Father because the Prophet sallallahu Sallam

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said, enter America to be

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bigger because of this Happy Easter certainly that this hobbies which is clear that but that he says the parent that embodies the seventh it pertains to the Father because the Prophet sallallahu Sallam said, and we're melaleuca the abbey

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So, enter means you why and Maddock wealth, your possessions, your wealth, Li Abby means belong to your father.

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And this is the wording of weapon imagine this is the wording of heaven imagine

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not what complicates this for the honeyberries is that the wording of Abu Dawood says America divided

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So this would be you and your wealth. You are what you own, belong to your Once you've added while it is any parent, you know, whether it is up there his father or mother, whether it is parent.

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So the Prophet was Adam said a year and throw America liberality. There is also another hubby's in Atiba. maculatum and RT America roadman cast be in the home in Casper.

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This house he says here

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in hottie

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macula, Rajat or via cola Rajon

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men cast back

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in what are the who men gasp at means here

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very leave

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it up most of all some

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Makola of what you eat or what you consume the most wholesome of what you consume.

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What you consume, because here Here it is not only eat it's also dress or like you possess

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what you consume.

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What here it says maca Rajan, what a man consumes what a man consumes.

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Men cast B is whatever he earns through his work. gossipy whatever is his earnings, his his his own earnings or whatever he earns, through his own work, earns through his own work.

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We're in the home in Caspi And verily

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has child

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his of his earnings,

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his of his earnings

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Okay, many things we could learn from those hobbies we could learn like 200 things from this hobbies but the few things that we learned that pertain to this particular topic.

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What are the things that we that we ought to learn and we ought to teach ourselves and as a community also, we opted to spread this among ourselves is that we are here Muslims should be productive, independent, you know, country

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theatres to whichever society they live in, because the prophets of Salaam is saying clearly that you're the most wholesome,

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of what you consume is that which you earn through your own work and not through the welfare system. So that's, that's quite obvious and reiterated by the professors alone, and many, many hobbies and many occasions.

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But also what we could learn here is that no other woman can be and your children or his child is up his earnings is that whether or not this will be true in this life. Don't regret having kids, you know, so that was easy, just like if you don't like,

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particularly if you if you feel that you're not being properly treated.

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Your kids are of your earnings in this life and in the Hereafter. So you will find whatever kindness you have done, to your kids in your estate of good deeds, and hereafter, that's also of your earnings. So that is the encourage people because nowadays, it becomes hard for people like people would rather just live their lives and not be bothered, because kids are not as beautiful as they used to be in the past and kind of stuff, but don't trigger that and you know it, they are your earnings, whether or not this will apply to this life, or will apply to this life in a material sense or not applied to this life at all. You will find your kids in your scale of good deeds,

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whatever kindness you have done them. The second thing that we want to say here is this how it is because it says here a man, let's have this is the wording of Buddha would By the way, this is the wording of our Buddha.

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But the wording of their misery which complicates things for us honeyberries is that the prophets are Sallam said in Atiba my account

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the most wholesome of what you you consume, not a regular man consumes in order to come to mean cats become is what you earn, through your own work, when another human has become and your children are hard, have your earnings

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your children or have your earnings. So anyway, based on

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the different wordings and hobbies, but based also on the fact that you know the father is the one who spends on the child and the father is the one who has the general custody which is it will lay alarm

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over the child the general custody and will also rely on Melia the financial custody over the child all of these things belong to the Father based on all of these factors that have valleys, that the Father may take the gift back from the child even after the child has possessed it. Certainly that will not apply to the case where the child had already disposed of the gift sold the gift use the gift as the gift. So if I can take it back in that case, that the gift gift is that exists them still present

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then he can take it back.

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If the gift became like grew, you know that he cannot take it back. If there is like an amount of one foster which is basically the gift accrued some profit that is separate from the gift, the father can take the gift back and and the profit would go to the to the child because of the time the child possessed the gift. He was the rightful owner, the profit belongs to the child. But the father can take the gift itself back. But let's say the gift to guru. So he gave him like a couple of goats and they gained weight he can take the goats back. Because that because you can separate the profit you can separate the growth here from the goats anyway. So there are contingencies for

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taking for taking the gift back and it's not every one. But generally speaking, the father could take the gift back based on being the custodian and based on these hobbies and based on this particular these literally the female iati what are the who except for the parents

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taking a gift back from his child or or her child, hobbies the wording itself would accommodate the mother. And because the wording of the hobbies would accommodate the mother and because the mother is most deserving of one's good companionship. The shafa is the mother also

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can take the gift back from the child. If you're a member, the hanafy said no one can take the gift back after they give it remember that and that's

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Also position and handling method but like a weaker position

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is that both parents can take the gift back and Betty said only the father can take the gift back in their authorized view. And the medic is the two committed position and the said both parents can take the gift back except that the mother would not be able to take it back if the child is fatherless because that child is called orphan and you cannot take a gift back from an orphan.

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So let's move to the next point here.

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This point is clear. I guess what not true of your theater I will add that this way to vinyl mother pottery Mira theme decoder Rasulullah sallallahu wasallam de la wa Vito beta Allah decom. What's prescribed when giving gifts to one's children is to be equitable with them. And this means given on the basis of their shares of inheritance. This is based on the statement of the Messenger of Allah sallallahu Sallam fear Allah and treat your children equitably.

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Welcome back and

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so what is prescribed when given gifts to one's children or mature fealty to know that, that is we have a normal academia same

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type of law. The common words prescribed when giving gifts to one's children is to be equitable with them. And this means given on the basis of their chairs of inheritance. This is based on the statement of the Messenger of Allah sallallahu Sallam fear Allah and treat your children equitably.

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So equitable treatment of the children here would mean that if you give them gifts,

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other than trivial gifts, certainly you're not get, you're not going to get your son to lollipops and your daughter one lollipop, that would not make any sense. And that is a clear the the hunger is a that other than small gifts, you know, we're talking about major gifts here.

00:37:09--> 00:37:14

So the honeyberries are saying that when it comes to major gifts you need to give.

00:37:16--> 00:37:38

Keep in mind, if you're going to distribute your inheritance before you die, then you ought to give it based on their shares of inheritance. That is if you're going to distribute your inheritance before you die, but short of this short of this, even if it is a major gift, the majority so other than Hungary's they said that you need

00:37:40--> 00:37:46

to give equal gifts to the sons and daughters equal gifts to sons and daughters.

00:37:47--> 00:38:15

And that would be the majority, the majority are saying equal. The ham bellies are saying two to one based on the shares of inheritance other than small gifts other than trivial small gifts other than this, not not the small but the major gifts other than this, it needs to be based on the laws of inheritance, that's one position in the method, the other position the method would be like the majority.

00:38:21--> 00:38:22

So So,

00:38:23--> 00:38:48

so why are the majority saying that they should be equal because the profits are so upset our database, the common you know, be equitable among your children and that equity means equality until proven otherwise. So, oddly, fairness means equality does not always mean equality. By the way, the concept of fairness and equality are two different concepts you have to remember that

00:38:49--> 00:39:00

because you can say that the last part of Allah is not fair when he gave the two to one and the inheritance that is equity that is fairness. But it is not equality.

00:39:01--> 00:39:13

There are two different concepts because in in, in inheritance also this has to do with responsibilities, that the boy will, will bear is you know, what be demanded

00:39:16--> 00:39:16

to uphold.

00:39:18--> 00:39:36

So, but when more said that when it comes to gifts in this life, equity means equality. And that he said equity means still according to the laws of inheritance, everybody has their point you know, it's clear the everybody has their point.

00:39:37--> 00:40:00

Now honeyberries are saying that major gifts also have to do with people with responsibilities, because if you have like a son and daughter and the son is responsible for his family and the daughter is not responsible for hair family, her husband is responsible for the family and you want to give major gifts. You want to do it according to the laws of inheritance.

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

Two to one. Because this, you know,

00:40:04--> 00:40:20

because because the they have different responsibilities anyway, I would I actually prefer the position of the majority when it comes to gifts during one's life, you want to be equitable and equal,

00:40:21--> 00:40:39

consider equitable is equal here, if these are gifts during life, during your life, aside from basically distributing your inheritance prior to this, but any gifts, whether they are small or large, if they are during your life,

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

and it says not your whole inheritance, your entire inheritance being distributed, then be equal, equitable and equal among your children, boys and girls. But like I said, the authorized position is very messed up is not that you know, authorized by the method is that it will follow the same

00:41:06--> 00:41:08

proportions of inheritance.

00:41:10--> 00:41:22

Now, can you give some of your kids more than others? Can you give some of your children more than others, there are two different positions in somebody's mother one said, you know, that you could

00:41:23--> 00:41:40

have there is justification. Certainly, if there is no justification, that it has fewer art therapists, it's pure injustice, right. And this is this would be counter to the Hadith of the Prophet SAW Southern Kerala, and be fair among your children or be fair to your children.

00:41:43--> 00:41:55

So but if there is an an invocation, like someone is a student of knowledge, and you want to encourage them, for instance, they're making, like one of your kids decided to go to

00:41:56--> 00:42:17

decided to do it, and the other kid decided to study Islam, and that kid was studying Islamic Studies, or Sharia is not doing as well. And you want to support them to encourage them to carry on with their path on the path of studying knowledge and so on, can you give them a little bit more than the kid who's in it?

00:42:19--> 00:42:29

Okay, so, there are two positions in the mother first position, which may be the authorized position in the mouth is no, you can even for that noble cause.

00:42:31--> 00:43:06

The second position in the method is that you can, if that is the case, and there is clear justification, it is not just mere favoritism, but there is clear justification, then you can, and that position, which is you can has was chosen by me or Amala. Because sometimes, you know, kids, you know, vary in their capacities and their pursuits, and so on, anyone to give consideration to that controversial, controversial.

00:43:07--> 00:43:22

Now, this is about gifts, it's not about maintenance, because maintenance will be based on their needs, not, you know, you don't have to be equal, like let's say someone is like bigger than the other and you want to buy fabric is not going to buy is

00:43:23--> 00:43:30

going to be different. So you want to buy two yards, for the bigger one and one and a half for the smaller one.

00:43:32--> 00:43:33

Or, you know,

00:43:34--> 00:43:41

depending on the sizes, so and some people like you know, some of your kids also could eat more than others.

00:43:42--> 00:44:16

And some of your kids may have some particular needs, they may be sick or need the, you know, like something extra. So maintenance is based on need. You want to be equitable in this regard, but you can't really be equal when it comes to maintenance because it's based on needs. But we're talking about gifts here not maintenance, and gifts should be strict you should be strictly equal. equitable means equal according to the majority when it comes to gift

00:44:18--> 00:44:21

even between sons and daughters.

00:44:24--> 00:44:26

So that was that point.

00:44:27--> 00:44:43

Then Then, before we move to the next point, it is interesting that in the Hanbury method when you make a walk for for your children, they they tell you that that that you should that equitable means equal when it comes to our

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

in the Hanbury method when it comes to walk for they have two points that may sound a little bit surprising given that they said that any major gift should be divided according to the proportions of inheritance.

00:45:00--> 00:45:50

When it comes to the workflow, they said no, if you make your work for purity in a property interest and make your kids the beneficiary of that property, sons will be like daughters, it is equal, it is one to one, it is not two to one. So how did they justify this? Why are you saying when it comes to major gifts it has to be, then you are you're saying what will be the say, because what is basically a form of maintenance not a gift, when you make a work for for your kids, you're actually intending to sustain them, to maintain them after your death. So you retain a property in trust for them, so that they yield the reciprocal of that property could be used by them for their maintenance. So in

00:45:50--> 00:45:59

this case, you don't differentiate between sons and daughters, because the maintenance is equal. equitable here means equal.

00:46:00--> 00:46:50

They also said that when it comes to up, which is also which could also be surprising, that when it comes to work for you may give work to some of your kids may make some of your kids to the exclusion of others, the beneficiaries of your work, certainly will be, you will have to answer to Allah subhanaw taala on the Day of Judgment, if there is no justification, then it's your problem. But if there is justification, like some of the kids may be less competent, less capable, they may have particular ms, they may have particular limitations, you know, whether mental, emotional, etc, they may have particular limitations. And in this case, if you want to leave something for those kids,

00:46:50--> 00:46:54

you want to leave something for those kids, you can give them part of the

00:46:55--> 00:47:20

was a request unless it is approved by the other inheritors or heirs. And they may recapture that approval, also. So if you want something that is sure, like you have a child, for instance, that is that has some limitations, and you want to leave something for them. Your only way as a parent to do this is

00:47:21--> 00:47:57

to make up on their behalf and make them the beneficiaries of that wealth, retain a property interest and make the particular kid or those particular kids, the beneficiaries of that trust. Now, keep in mind, if you're doing this out of favoritism, and out of just now, you know, without proper justification, you will answer to Allah on the Day of Judgment is between you and him. But if you have a proper cause for this, then it would be legitimate in the method.

00:47:58--> 00:48:23

Okay. And as we said, when it comes to work, the default default hasn't been the case where there is a particular need, whereby you are or for which you are favoring some of your kids over others, but the default is equality. And the default also is equality between sons and daughter. The proportion here would be one to one, not two to one.

00:48:25--> 00:48:34

Then the chief said what is a Colorado to carry out here like our own rock, or whatever a 13 body will

00:48:36--> 00:48:40

follow up matters.

00:48:41--> 00:49:08

If one person says to another, I give you my house for life or it is yours for life, then it belongs to the recipient and his or her ears. If the person says you may live in it for life, then the benefactor may take it back whenever he or she pleases. Okay, so we're not going to talk about Europa. We're gonna talk about an armor on the Europa is basically

00:49:10--> 00:49:15

a request like alarm rights that will instead go to the donor, according to the Hanbury Meza.

00:49:17--> 00:49:20

But anyway, let's talk about the hombre alarm bruh.

00:49:22--> 00:49:26

Not alarm bruh has an you know the lesser pilgrimage

00:49:27--> 00:49:29

but an ombre

00:49:31--> 00:49:38

an armbar means to say to someone I give you this for life I give you this house for life

00:49:41--> 00:49:48

which is our market or automotive or high attic or metal

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

which means that it is not just when you say our motto, it is also when you translate it to any other word which means if you say it in English, it will also apply

00:50:01--> 00:50:30

Because someone may say that this is the this has to do with a particular Arabic word that particular Arabic off and so on, but even translating it in in Arabic or not translating in Arabic, but the synonyms will result in the same rulings, the Arabic synonyms of Amara would result in the same ruling therefore, the English translation would result in the same ruling. So when you say to someone, this house is for you forever.

00:50:32--> 00:50:34

Or for for your life for your for life,

00:50:36--> 00:50:39

or higher quality modak etc.

00:50:41--> 00:51:26

Then it becomes for that person and for the ears of that person, it goes to that person and to the heirs of that person his offspring. We have two different hobbies here. We have a lot of disagreement here. A lot of disagreement, we have two different hobbies and we have three different scenarios. What are the two different hobbies First, let's give the two hobbies first here and then talk about the three different scenarios. One of these both of these are from jabber by the way and both were reported by Muslim One of them was also reported by Buhari but let's say Muslim from jabber, Muslim from jab, Muslim. Muslim from Gen. y one hubbies

00:51:27--> 00:51:29

sam sycuan A Kuma widecombe

00:51:36--> 00:51:37

while out of Cebu

00:51:44--> 00:51:48

Mira or counterpart frontman, mira Amara,

00:51:49--> 00:51:55

here, the levy on Iran why they are

00:51:59--> 00:52:21

so am SQL retain alaikum refer yourselves and while I comb your wealth, what to see do and don't waste your wealth for in the home and O'Meara ombre for anyone who would be given a gift for life. Anyone who would be given a gift for life to hear that gift, the lady or Mira

00:52:23--> 00:52:47

Mira or Mira good love your mirror every occupant. That gift will be for the one who was given the gift for the recipient and for his or her offspring afterwards for his or her offspring afterwards. Which means if he said someone the implication of that study would be what if you said someone This is for you for life,

00:52:49--> 00:53:03

then it will not only be for them but they will be there is permanently and for their offspring, not yours for their offspring afterwards. And then Jabba himself said in number amaravati

00:53:04--> 00:53:10

salam in Allah Allah hombre allottee hijas de

00:53:14--> 00:53:19

la Sol La Jolla salon here Ania Pola

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

here like Adi aklavik

00:53:28--> 00:53:30

hammer is

00:53:32--> 00:53:35

here like a master

00:53:38--> 00:53:39


00:53:41--> 00:53:41

for in

00:53:43--> 00:53:44

total Joe

00:53:46--> 00:53:46


00:53:49--> 00:54:18

okay the Amara jabber said the Amara that the Prophet sallallahu Sallam validated or permitted is to say hey, it is like for you while the activity can your offspring you need to expressly state it is for you and your offspring and then it will be binding and then it will be complete transfer of ownership to the recipient and

00:54:19--> 00:54:21

thereafter their offspring

00:54:23--> 00:54:24

ask for

00:54:27--> 00:54:38

it but when he says he like a marriage, it is for you as long as you are alive. It is for you as long as you're alive for in

00:54:40--> 00:55:00

this a hybrid it will go back to the daughter it will go back to his companion meaning that to the donor who gave it to him it will go back to the donor okay. So these are these create you know like the sort of like an apparent conflict here. So we

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

Three different scenarios. What are the scenarios? one scenario? Scenario number one, Scenario number three, Scenario number two. Scenario number one, you expressly

00:55:13--> 00:55:13


00:55:16--> 00:55:17

the permanency

00:55:18--> 00:55:36

you expressly say to the person this is for you and your children, this is for you and your offspring, this is for you and your inherit inheritors. And by agreement, this will be for them and their inheritors. Right, it's like a no brainer, right? Well, if you express the,

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

if you exit, you know, the way I put them, I will switch the order, you know, don't get confused. On the opposite side, you expressly state

00:55:53--> 00:56:28

the temporary Aeneas nature, can prineas this, or that is expressly state that it will come back to you, you say this is for you, as long as you are alive. Thereafter, when you die, you know, it comes back to me, comes back to me. So you're stating here the opposite, that this is not permanent, this is temporary, I'm giving this to you for life for your life only, not for your children, and afterwards, it comes back to me or

00:56:30--> 00:56:31

you leave it ambiguous.

00:56:33--> 00:57:04

So that the second is ambiguity. ambiguity is the issue is when you say this is for you for life, and then you don't say anything else. You don't say it comes to me afterwards, or it goes to your kids afterwards. This is where you for you for life. Okay, so we said the first one, certainly you will find the agreement between the scholars and the first one. If you clear the state that this is for you and for your offspring, then it is clearly for you and your offspring. Okay?

00:57:08--> 00:57:10

What about ambiguity,

00:57:11--> 00:57:27

ambiguity here. Also, the vast majority when it comes to ambiguity, will give it to the recipient, recipient and their offspring, recipient

00:57:28--> 00:58:18

and offspring of the recipient. So if you say because because that is what the prophets of Salaam said, is equal, like romantic phenomenon, or hameroff, a lady or a mirror how adaptable whoever is given something as a hombre for life, it will be for them and for their offspring, the offspring of the recipient. Okay, so we apply this hadith here clearly, when it comes to ambiguity, you said it is for you for life. But you did not expressly state what happens to wait afterwards comes back to me for what's your kids, then this Hades when Dallas was the default? The default is, it will be for the recipient or not the donor. permanency is the default. In that sense. What do you say to someone

00:58:18--> 00:58:29

This is for you for life? permanency is the default. So in the case of ambiguity, it is there also there's what if you say what if you say, this is for you

00:58:30--> 00:58:43

for your life, and then when you die, it comes back to me? Can you would it comes back to you. So in the authorized view of the Hanbury method, it actually does not come back to you

00:58:44--> 00:58:53

does not even though he expressly stated that it does not come back to you, and that's the Shafi method as well, it does not come back to you it will go to

00:58:55--> 00:59:37

the to the recipient, and it will be permanent, even though you made a clear condition that it is coming back to me, they consider that condition to be an invalid condition, they go by this hubbies. And they say that this is this condition is in conflict with the apparent meaning of the Hadeeth of jabber, conflict with the Sharia, therefore, it's an invalid condition. Invalid condition. So what about this What about jabber saying you know that the aamra that the purpose of certain validated is to say it is for you or your offspring, but if you say it is for you, as long as you're alive, that it goes back to the donor. This is also referred to by Muslim from Java. How do they do? How do they

00:59:37--> 01:00:00

deal with this hadith? They say this hadith is get jabbers understanding. We want jabbers report. We don't want his understanding because his report is from the Prophet. This is a statement that he carried to us from the prophet SAW Salah This is his understanding from but shouldn't be under

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

Standing, give the inheritor have like wait.

01:00:03--> 01:00:25

So, but they're saying that the when there is conflict, we will go by their report, not by their understanding. And there is a conflict here that we cannot reconcile the accepted by, you know, just overlooking one. So we're not going to overlook the statement of the profit zone, I'm going to overlook the average understanding.

01:00:30--> 01:00:46

I actually believe in you know, and that's the only one that that's what I call the stronger in, in the copy that I gave you the this would be a In fact, also plus a small s, because the shafa is also said

01:00:47--> 01:01:32

the same thing, but it is the madikwe position, it is the capital M position. So capital M small a and small, as they said, If you expressly state that it comes back to you, it does come back to you. It does come back to you. And in this case, we would have accommodated had this jabber in that particular scenario, not in the scenario of ambiguity. In the scenario of ambiguity, we're going by the statement of the province of Alberta that we consider this the default. So if you left it ambiguous, we will go and consider that what the province of Southern said that to be the default. But if you express the stated that I am giving this to you for life, and then it comes back to me,

01:01:33--> 01:02:24

then it is the Maliki position. And also the weaker position in the Hanbury and the sharper image hubs that it does actually go back to the donor because the donor expressly stated and in this case, we will go we will act upon Hades jabber. And in this case, also in this case, also we will say that this default, this default works unless there is an sort of a clear statement works only in the case of ambiguity. But when there is a clear statement, isn't it his right as the donor to give it to the person for his life? That is kind of him? Isn't it his right. At the time he's given the gift, you know, it's not a gift in this case it will be considered it. It will be considered what?

01:02:26--> 01:02:30

hairy Yeah. Aria Aria both are correct.

01:02:31--> 01:02:32

Considered What?

01:02:36--> 01:02:40

It's a we said that Aria is a loan for use?

01:02:43--> 01:02:53

Yes. Yeah. How do you translate is like it's like a borrow the items like by lending? Yeah. So it is

01:02:55--> 01:03:02

that there's a word for this must be. So anyway, it's it's an item that to lend. It's Linden. It's an act of lending.

01:03:04--> 01:03:18

For the person's life, the in the middle of the clearly stated that it does not, you know, if you're saying the end here, he said, In Canada, we're in Canada to Canada, like our alma

01:03:19--> 01:04:12

mater, if he said you may live in it for life, then the benefactor may take it back whenever he or she pleases. That is not what we're discussing. were discussing if he gave him the property, not the usufruct not the yield, not allow him to use it. If he clearly says you may live in it. Not this is for you. This is for you, meaning I'm giving it to you, you know, but if he only says, This is my apartment, you may live in it for life, then all of them would agree that this is not Amara, this is basically allowing you to live in that apartment. So giving you what the use of frogs the use usage, the utility of that apartment without dying the property itself.

01:04:14--> 01:04:16

And I hope that this is clear.

01:04:19--> 01:04:30

That's it. That's it for this chapter. Any Any questions? Anything ambiguous here that NEEDS CLARIFICATION? Otherwise, we will come back and do the questions and answers afterwards. But anything that Yeah.

01:04:33--> 01:04:34


01:04:36--> 01:04:39

Oh, it's certainly in which opinion the American

01:04:43--> 01:04:44

thing was damaged.

01:04:45--> 01:04:57

Hate we'll take that ruling of the ARIA. So if the user of the IRA is not responsible exceptive in the case of Todd directly negligence or transgression

01:05:06--> 01:05:17

We are saying here we are saying here that this is not a gift. We're saying here that since the person expressly stated that comes back to me than it is IRA,

01:05:18--> 01:05:25

than he intended it to be intended this act, not to be gifting, but to be lending.

01:05:26--> 01:05:37

Because a gift is not to be taken back, a gift is permanent. But if you say to someone, this is for you for life, the profits are suddenly saying, by default, this is a gift.

01:05:39--> 01:05:46

But if I say this is for you for life, and then it comes back to me, should I be judged by the default?

01:05:48--> 01:05:53

Or should I be judged by my expression of my my clear expressed statement?

01:05:55--> 01:06:12

I believe that, you know, I just I can't wrap my head around the, the the authorized Hanbury and Jeff a view, because we're given the false only active in the absence of expressly state conditions.

01:06:16--> 01:06:59

But if someone expressly say that it is my right it is my property, I am giving it to you for your life. And then I want it back, should I be able to say that I believe I should be able to the main honeyberry and jafa view in this case is no i that my condition will be invalid, and it will be for you it is yours permanently and for your children afterwards. But like I said, the madikwe minor can vary and minors after you physicians would say that, that my condition would be respected. It comes back to me to recall the other stuff below the article. We will take seven minutes and then come back for the next chapter.