Fiqh of Transactions #3 – Forbidden Sales Continued

Hatem al-Haj

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smilla hunga lossless

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audio Saviola so to continue what we are the discussion that we started about the forbidden sales. And remember in the beginning we talked about the philosophical underpinnings of the financial transactions in Islam we talked about equity, transparency, accountability, social and environmental responsibility within a theological

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worldview, where devotion is considered the ultimate devotion to God is considered the ultimate good. Then we talked about the two different classifications, one that is the traditional classification of valid sales and contracts, or valid sale contracts, that divides you know, that addresses the pillars, conditions and hindrances and are countersuit one Milena and we talked about

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these within the family must have particularly summary from childhood Amanda booty Rahim Allah tala and then we talked about a different classification that is that I think is a little bit more tangible, where we talked about the process the object of say and and extraneous factors and how all of these forbidden this list long list of forbidden sales will fit into

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you know, an item here within this classification an item here with within this classification and will fit into this framework

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of the objectives or the mocassin area in this particular realm of human activity.

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Now, we will continue with the in the last lecture, we talked about the for prohibition of setting that which you do not own, we talked about the prohibition of setting that which have no use, because it will be you know,

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have us exploitation of the imprudence of some people. And then the sheikh Rahim Allah tala

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tala and his book calahonda said one I'm an afro Muharram Can somebody will Mater another another? forbidden sale is setting that which is impermissible to use. If it if it has no permissible use if it is impermissible to use, then you can sell it and you cannot sell it to a Muslim or a non Muslim because if it is bad for us, it is bad for everyone if he would not want it for our Muslim if you don't want it for yourself, you don't want it for another Muslim you don't want it for another human being. So you just don't sell it. Period. The Prophet sallallahu Sallam said in a hadith is reported by Jabba Ravana who reported in hand by jack from Java 11 who in LA Hari Rama and hombre well Mater

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one Kinsey zerah while asthma, Allah subhanaw taala for bathing a lot of food and water suhara and camera on May 3 consider Islam, Allah and His Messenger for made and Hum hum Mater carcasses,

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Cinzia work on snom idols. Then they said to the Prophet sallallahu sallam, they understood that this would mean that it is haram to sell, they sell, they said to the Prophet sallallahu sallam,

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or even if even if they were not talking about selling in particular, but they asked the Prophet sallallahu Sallam about the human Mater he said that it didn't matter. It was one less human Mater for in who youth lobby or cell phone what are the Hanoverian two durood were supposed to be announced para la hora. So, they said what do you think all messenger of Allah about the basically the home the oil the or the fat of carcasses to take the fat and use it because they use it for basically coating the ships and grease in leather and also the use this fat

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as oil in their lamps.

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And they have different uses of it. So the process of them said laham No, it is not.

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No, it is harder. No it is harder. And then the prophet SAW Selim said cutter alodia who did a lot of harm Elaine's home as home as Melua.

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May Allah subhanaw taala punish the Jews, when Allah subhanaw taala forbid the fat for them the fact of carcasses for them

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or the fat of certain animals for them. They they melted it and the soul dead so they

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charging the price for it and they use that price

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or the took that money or they made a profit out of it and and certainly as well as you would understand naturally understand as a Muslim that the mention of certain qualities of the People of the Book, certain deviations, certain infractions of the law that they committed as inequities acts, wicked Acts, Acts of rebellion, such as when they were last in, in Sinai, for instance for 40 years because of rebelling against Allah subhanaw taala. When the prophet SAW Southern says that it does not mean that each and every one is does this does not mean that each and every one is responsible for this. We, we as Muslims have these issues.

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Already are in doubt we understand that some people may have confusion about these issues. But we do have like in our Dean letters, it was written with ro Khurana their burden will be asked or will be required to carry the burden of another soul. No soul that carries a burden will be asked to carry the burden of another soul. And we have in our book also an advocate of imminent MANOVA contohnya de Laika, I mean, human interment will be the anatomy or the like elemental aim and of the People of the Book are those that when entrusted with a huge measure of gold, they will readily pay it back and those who are when they entrusted them with a dinar, one sort of single

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gold currency, they will not pay it back. So they're different lasers are as I said, they are not the same, but certainly it is it would be natural would be expected that the Prophet salallahu Salam who came to correct that part of the program that came Hyman and Adam a couple of Morocco that came to basically correct the deviations that took place and previous nations that these infractions of the law and the these deviations will be pointed out by the prophet sallallahu Sallam that is part of the trust part of what Allah subhanaw taala sent

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for to point out these deviations

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Okay, so then the prophet SAW them what was what what was he critiquing here What was he basically blaming them for here for selling haram item an item that is haram for them the selling it and making profit out of it, because they sold it to the Gentiles, they sold it to the mean, and the Gentiles. And for us, it is basically across the board, we should not sell these things and it is quite obvious that when we go out to different neighborhoods and you know, set up shops to sell wine or

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you know, whatever haram stuff is like, basically oxymoronic, it doesn't make any sense people will not look favorably at us if it is haram for you. Why are you selling it to me? If you think it is bad for you, why are you selling it to me?

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It is awkward, it is wrong. And certainly it is clear here that we cannot do this. So something that is unlawful

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of unlawful benefits such as why and or carcasses we also said pork and idols, anything that does not have a permissible use. Now then the sheikh said what are by Omar do men can attack me to me to our shutaura to something that's non existent, such as the fetus, one's female slave is expected to conceive or the fruits one's tree will bear. We will not go back and talk about slavery in Islam and the different sort of the different points it is in your book.

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But certainly the one thing that we wanted to point out here is the Hadith of the Prophet sallallahu Sallam were. So this is not talking about the you know?

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This is not talking about the fetus, that's your own child for sure.

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And this is not talking about separating between because the separating between a woman and her child would would would would be forbidden. The Prophet sallallahu Sallam said Lana love them and for akabane editing. The webinar Laffy may unlocker is the one who separates between a woman and her child or between a sibling and his sibling. And

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this heavy it was reported that mizzi considered it sound about hacking and accepted by the fuqaha.

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But outside of this context, it is haram to sell something that is basically another

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So when we talked about manner for home harm that which has a haram use only

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so that other madyson that that which you do not own

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and here haram use

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and useless. We did cover this and we said where it belongs. haram uses what we're what we're talking about where do you find this here haram use so it is not sellable. Okay, it does not meet that condition. It is not sellable. And here it is, you know, it's here

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and here

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where the where do you find it?

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You could put this under socially responsible, but certainly it belongs here also because if it was around, then it does belong here. Like the

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our responsibility to towards God, our responsibility towards God.

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When the sheikh said yeah, so So what about the mme? The mme is non existent or yet non existent, yet? non existent?

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Yet non existent?

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That is, if you say, for instance, and let's not, you know, just move beyond the issue of

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Arma two and stuff. If you say that the this tree of mine, it's a mango tree, I will sell you whatever, mangoes this tree grows during the season. No mangoes here. It's called the app non existent, that is not permissible. And why is it not permissible because of what God or undue risk taking whereas here, and whereas God are here, you know, water is all over the place and Islamic transactions as a big place in Islamic transactions. Why? Because gotta compromise this world.

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The concept of transparency is not our undue risk taking compromises the concept of transparency, you will find the virus permeating the prohibition of color, certainly some gathering data can be tolerated. Right? When you buy a code, you get to see the lining inside. When you buy a building, you get to see the foundation.

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You know, so you're not going to be able to see everything somebody has to be tolerated, because of the habit because of the need for to tolerate that level of clutter that level of, you know,

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opaqueness, you know.

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Then the chick said, when I met who will come home and something unknown, such as the fetus in the womb, you know, you have like a sheep or like a candle, and is you sell

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and the camel is pregnant, and you sell the Hammond you sell the fetus inside. That is, it's not not a not yet existence. It is existence, but it is inside the womb of the camel. So you can sell it because it is not

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identifiable. It's not known.

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known.

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And it hasn't had it belongs to the router as well. It's not known.

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So you can sell the fetus in the womb, can you save the camel with the fetus inside and up the price a little bit because it's a pregnant camel Yes, but in this case, you have tougher of a turbo mother. Lastly, in this case, leave more leniency will be shown to secondary contracts or clauses in contracts versus the primary contract. So you will be stricter in the with regard to the primary contract, you will show leniency with the secondary contracts, or the clauses in the contract the facility the primary contracts, because if you may, if you're strict all through, and you will empty the law of contracts that but if the primary contract and that's the issue of the end, you know, the

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the you can have a primary intent and a secondary intent. And the second thing that's philosophically well established concept that the primary intent, the greater the large intent is should supersede the secondary intent. Even just worse is basically justified within that context. So here

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If you're setting the camel was the fetus inside and upping the price a little bit because it's a pregnant camel that is allowable, but you're not selling the fetus because the fetus heavier will be the primary contract and the object of the primary contract will be unknown and the risk taking

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okay and then

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a the then the shaker hem Allah tada said what got a boo en la Vila Musa from Takata Maria to something absolutely that has not been described or previously inspected, something absent that has not been described or previously inspected. And they disagree all the time over the details of how you describe it, what would be allowable in your book, I did not mention this, but in the honeyberry method, it has to be allowable as a salad, you know, the item that will be sold in this way that would that would be allowable, if described, if describe has to be

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like an object that you could sell as a sell them in an advance payment transaction. But let's focus on what we're talking about here. So, you cannot sell an item that we have not yet I have not seen you cannot send me an item that I have not seen unless you have described it to me. That is the position of the majority the chef or you say even if you describe it to me, you can sell it to me, I have to see

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the majority would argue that but there is a disagreement within the shuffling method as well. But the majority in this case will argue what would argue that you know that man and Tom ha and it is in your document that man and I exchanged two houses of man had a house in Medina, Paul had a house in Kufa the exchange the two houses but also man set the top ha that I have the option of theater row here, which is the option of inspection, the option of return upon inspection, the option of returning upon inspection after they made the contract and the finalize the contract awesome and did not like the house in Kufa and you see off man and Papa These are asanga serene these things happen

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between people they were human beings, the the Model Generation was a human generation. It had to be a human generation to be a Model Generation. So the Model Generation was a human generation. So Osman did not like the house in Kufa, and then he wanted to get out of that sale or that contract. Tom ha did not agree. He said we're done, you know, and and then they sought arbitration, but it is another generation they were able to resolve the soft arbitration they went to debatable Muslim and the these are the sorts of debate we'll look at this later and who supported us man debate support the last man he said yes he has the basically fiata Roja era Roja which is the right of return upon

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inspection, right return upon inspection. So

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so then most of the sales most of the online sales are not sales of things that you have inspected even though you see probably you've seen pictures but they would still be permissible according to the majority because the description particularly in online sales, like if you go to Amazon or Ebay or those places the description is pretty detailed.

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So the sapphires will say that this is terracotta and they can make money they can make a case for this because sometimes you see an item and you see the picture and everything that it comes to you and you're completely surprised because it doesn't look anything like the one I saw.

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And so they can make a case for this they can make a case where

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you guys are too warm here You're good. You're good. Okay, it's not too warm.

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So, they can make a case for her here the sapphires can make a case for her, but the majority will come back and say this is not our can be tolerated. That description will will take the edge off of her so that we can tolerate this much harder. Particularly particularly that the majority said we will give the option to the buyer.

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If the item turns out to be unlike the description, that's the medic is on Belize, the HANA fees said whether the item turned out to be like the description or not, we will still give the option to the buyer upon inspection. So the HANA fees would give the option to the buyer whether or not the item

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met the description or was like the description.

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So most of the online sales are hanafy nowadays, right?

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Because they will give you the option whether or not right,

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know that so they meet the they would, they're following the hanafy position here.

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So a good description takes the edge off of undue risk taking, and then the option of returning upon inspection would even add, like more sort of,

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you know, transparency to the process. So here it meets the criteria, that means it meets that criteria, sometimes, and this is something that I may have not mentioned. But sometimes when you have tension between this area, and this area, and this area, we said there is a fourth area, but I didn't even include it, it would be here people who stick to the examples that were given by the earlier scholars, that is not fair to begin with. But if there is tension between this area, this area, and this area, what do you do with this tension,

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some people will will favor this area. So they will favor the Macross of the equity, transparency, accountability and social responsibility. But the most important thing that we have to start out by saying is that do not presume the tension, the tension may be in your head, try to reconcile because the Sharia is basically

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harmonious is, you know, there should not be tension between the mikaze the principles and guide lines and the detailed rulings, often times the tension is in your head. So try to reconcile, but if there is a tension that is ever, ever reconcilable, and the tension was basically imposed by the conditions, by the conditions, which one should you favor, certainly, you should not favor the detailed rulings over the objectives. Like let us say, you know, within the the current environment that is inconsiderate of the principles of Islamic,

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you know, the guidelines and the principles of Islamic transactions, financial transactions, and within this environment, you want to basically craft a financial product, you want to craft a financial product, you have the framework, the philosophical underpinning, you have the principles and guidelines, and you have the detailed rulings and you're trying to be faithful to all of the three layers, you're trying to be faithful to all of the three layers, you certainly should

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be primarily faithful to this area, secondarily, faithful to this area, and tertiary leave, that's a word faith faithful to this area.

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So you do need to follow this, but

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don't create the tension in your mind and then try to

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so what if you can't?

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What if it is too difficult?

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Okay, and here's, here's the big problem, in particular, in the area of Islamic Finance, and Islamic, you know, whatever Islamic banking, Islamic Finance, and so on and so forth. And that is the area of contention in between two different views concerning this, sometimes if the product, like the product of the financial product that you will be introduced to the market.

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If, if it meets that criteria here, and if you can patch up a contractor that is sort of compliant with a different vibe, and it meets the criteria here and some extent to here, but it does not it does not actually it's not compliant with the Islamic spirit of finance, it's not compliant with these criteria here is not compliant with the whole framework.

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What should be our stance from this? Like? Should we agree the you know, so some people will say, if we are unable to produce something that is compliant with the Sharia and spirit and leather who is compliant with the letter and spirit of Sharia, let's not produce anything and let us wait for when we can produce financial products that will be not only compliant with the leather through patchwork, but also compliant with the spirit of Sharia and actualize. org realize the objectives of Sharia realize the objectives of Sharia. That is one way of looking at things. The other way of looking at it is no, you know,

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if and that is an important condition for this other way to be a valid legitimate way. If I will not be if if the products that are in the market

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when when not surpass me

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In any of these objectives will not surpass me in any of these objectives, I will provide a financial product that is just like the market in this regard, comparable to whatever is there in the market in this regard, but more compliant with the Sharia in this area, and more compliant with the Sharia in this area. Makes sense. So here, what I did is I produced something that is comparable to what is there in the market in terms of equity, transparency, accountability, social environmental responsibility, but it is somewhat more compliant with Sharia here in this layer and more compliance with Sharia and this layer,

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should I be be blameworthy here, and then, when we establish you know, Islamic Finance, then we could start work, you know, when we have like, basically a place in the market foot in the market, establish ourselves, then we could improve our products so that they are even more and more compliant

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with the Sharia in this area.

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That's another way of looking at it. The other the other people will say, but you will have already ruined the name of this area, and the reputation of this area, because you provided products that are technically more compliant with this area but not more compliant in spirit

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very comparable to what is there in the market. And oftentimes it because of your size, and because of your inability to compete, you tend to cut corners a little bit here and there. So that you can compete and it ends up a little bit worse than what is there in the market in terms of equity, transparency, accountability, and social responsibility, social and environmental responsibility.

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Should I convince you of any of you know, I don't actually want to invoke convince you because I don't want to indoctrinate you, it's just like, but this is this is basically the tension between the two views. And we don't always have to divide ourselves into groups. Group ism is a destructive sort of disease. We don't have that these are views, different views, some good people could espouse one view and some other good people could espouse the counter view that is fine, we have to learn how to live together these are good people they want the good for Islam and they are not really

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conspiring against the dean or against the Sharia or anything and trying to not

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most of them are not trying to exploit our religious feelings or or you know, make profit out of you know, this this area.

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So have questions on you know, have have you be more positive, just try to be more positive, less bickering, you know, less criticism.

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Direct the criticism to yourself, you can find so many just look in the mirror, you could find so many things that are wrong, that needs to be corrected, that's your spiritual mirror. Look in your spiritual mirror, you'll find so many things that would keep you busy for the next 65 years.

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And then just like sort of examine or direct to the lens of your microscope to other people, most of the people are trying trying to

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basically comply with this area they're trying to do good for further the so have customers on, but at the same time be critical of the views, the views themselves, you could be critical of them and don't be critical of the people but be critical of the views. So you know and if you want to be assertive, you can be assertive, say no I don't I disagree with this. I vehemently disagree with this. I see that and but don't basically cast doubt on the intentions of people because that is a realm that is kept

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you know, that is concealed. That is the meaning of Allah subhanaw taala prerogative of Allah subhanaw taala anyway,

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so that but that is usually the problem here is the tension that happens sometimes between these layers.

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Then the sheikh said What am I doing hunters limi can be presented with a different house or summer give him something undeliverable such as a runaway slave stray livestock birds in the sky fish in the water, because it's undeliverable, so undeliverable here, and in this case here it would meet the Gara issue on deliverable and the ownership is not complete ownership, although you still own it.

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But it is like if you if you own it, I mean if you had owned it,

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but you know you don't possess it

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and if it is undeliverable

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then it will be basically it will compromise this it is you know because he can tell if he can deliver this or not.

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Then the sheikh said

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when are they on Mac sube la casa de la maniac de la after the min something that has been unlawfully appropriated or misappropriated by

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misappropriated or unlawfully appropriated by force, except to the one who misappropriated it or to one capable of season at from him or her one capable of season. So, if you if you have a commodity and someone took it by force from you misappropriated or a piece of land or something and someone misappropriated cassava, then what can you do? You know, it is your your own you own it, you know but it is muck so like it's undeliverable

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because it is Mac So, you can sell this you can sell this to someone who is stronger,

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who can actually take it from them, you know, because you have the contract you have that the you have the thing you sell it you go like in Egypt for instance instead of dissolve it shorter

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like a police officer, and you just figure out

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we will not have a problem. And then or you sell it to the person who misappropriated it misappropriated and then you may say if your content and your philosophy you may say but that is unethical, you know,

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because that will empower them, the person who misappropriated it and that will be yield and giving in and yielding to

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evil and so on.

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But But here's the philosophy of Islam Islam is not utilitarian in the sense of you know, Bentham it to the terian ism and it is not currently in or does not espouse the categorical imperatives of content in in the sense of, like strict kantianism, but it is somewhere in the middle

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is them would favor a settlement over a protracted dispute with favorite settlement over a protracted dispute. Because here, here's why. You know, sometimes the person who misappropriated the property may truly believe that it is theirs. Isn't that true? Sometimes in these disputes, both parties have strong feelings, they have strong convictions, that they are the rightful owners.

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So if the person who misappropriated your piece of land truly believes that the border between you and him used to be here and not there,

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in this case, and instead of a protracted dispute, if you cannot prove that if you can you take him to court, he can prove it, and instead of a protracted dispute, if he agrees to buy it from you send it to him.

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If he agrees to buy it from you, you know, he believed in this case, that would be a settlement that would end at dispute and salt and Islam is given precedence over you know, disputation conflict. You don't like it's like,

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nobody

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disagree. Why?

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What if you can stick it back from them?

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Hmm.

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But But, yes, but

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politically but but, but but sala de la cadena agreed on compromise. You know, and and that is why Salahuddin was successful, because he always agreed on compromises. And that's the part of the history that we don't want to be

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sort of forthcoming with, because Salahuddin is was not always about, you know, conquering, and capturing and winning and victory. He was about shrewdness and politics. Here. He was always making treaties. He was always agreeing and making compromises, and so on and so forth. And that is why he succeeded, and he continued to succeed. But with any rate, this is not a political issue.

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We're talking about someone who is now you know, we were disagreeing. There is this lie in between my land and your land? You believe it was here. I believe it was there. Every one of us has strong convictions. Then we agree on a settlement. He said you know, if you think that this piece of land is yours, I will buy it.

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from you for as much money it is less than the market value maybe probably less than the market value, but you will say, Well, this is the enemy and to this dispute take it, you know, for this and this would be permissible.

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Okay, now moving right. Next one What about your guy anymore IE an incompetent man hobbiton schatten man coffee and tea method is our coffee xinmin subra something not specifically designated such as a slave or sheep from one's herd unless it is a property unless it is a property whose parts are similar in the case of a puppies from a heap of producers. So different times in the year like you have a herd of sheep, you can say I'll sell you one of the sheep. Because it's on designated. Well,

00:35:53--> 00:36:09

under a staking unknown, where is it unknown? Unknown, it's not known. So it's not designated unless you have a heap of produce, that is our at zero which means that it is basically

00:36:11--> 00:37:02

fungible. Basically, the substitutable like every measure of it is equal to the equal measure. So you have like, wheat, and it is all one type. And you say I'll sell you any, like I say one pound of that heap of wheat for this much money. Is that okay? Yes, it is okay. Because any pound is like any pound, how like the sheep. Now every sheep is likely other. We will disagree over which sheep if I tell you I'll tell you what, one of the sheep here for our dinar, and we finalize the contract, and we come to the time where you delay you give me the sheep, we get to disagree, I'll tell you no, no, I wanted that one. And he told me no, take that one. But if it is a heap of produce or wheat or

00:37:02--> 00:37:47

something, then we will not disagree. Then the sheikh said when I had a sort of lesser Southern message he wanted mana better on Bayard Hassan the prophet SAW Southern forbade sale by mere touching or mutual casting as well as said by throwing stones. The prophet SAW salon forbade sale by mere touching or mutual casting as well as sale by throwing stones throwing stones is when you throw a stone and you say wherever it lands, that product that commodity garment is mine for this much money or across the land, the land you know, wherever it reaches all the land between me and wherever that stone Falls is mine for the most part, these are all like ridiculous types of sales

00:37:47--> 00:37:59

that they used to do because of human interest in gambling or human, wicked human inclination towards gambling, gambling, wicked human inclination towards gambling and undue risk taking.

00:38:01--> 00:38:06

So, in this case, the profits forbid all of this where where is it here?

00:38:08--> 00:38:11

transparency, transparency is so big.

00:38:15--> 00:38:16

not known.

00:38:18--> 00:38:27

Then, the CX and this this report, the exact wording of this came from the Prophet sallallahu. So Solomon Bayer,

00:38:29--> 00:38:30

Al Hassan.

00:38:31--> 00:38:42

And then one by Roger arabe de Salle by one outbidding one's brother, who saved by one hour without billing once, brother,

00:38:43--> 00:38:45

once brother is inconsequential.

00:38:47--> 00:38:54

According to the majority of the scholars, it is inconsequential. According to the majority of the scholars, the majority of the scholars, such as what

00:38:55--> 00:39:19

cases Kadena Sakina montecatini Sofia hammam Allah Southern has technical are often much more in in part of a much more that was written by him keep in mind that much more was written by three scholars. One of them is a contemporary scholar of the feminine we started that did not finish it, it was completed. Part of it was completed by the Fabian Society and part of it was completed by one of the contemporary scholars who used to be the Mufti in Egypt.

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

But in the part of that was by an amount of certainty and much more he said that this is inconsequential karma you know, because it's usually you would be setting to Muslim Brothers even if it's specified Muslim because the usual scenario is that Muslims are in the market are dealing with each other.

00:39:41--> 00:39:54

But it does not mean that the way that the ethics of financial transactions are limited in their application to Muslims, they are universal and Flexi apply them with anyone.

00:39:56--> 00:39:59

Whether it is your brother in humanity, your

00:40:00--> 00:40:09

Rather in the religion your sister, the way the brother here is inconsequential according to the majority and the correct view and the

00:40:10--> 00:40:12

only sort of

00:40:13--> 00:40:18

justifiable view in my own sort of thinking

00:40:21--> 00:41:07

but here outbidding your brother there's the two forms of bidding your brother there is by a holiday and there is sell Madison Bay, Alabama is when you help your brother after the sale is finalized some other sounds, you outbid your brother before the sale is finalized. So two parties here are talking to each other about a commodity. So you go to the market. And that usually, you know, nowadays, you're not gonna go to Microsoft or Apple and try to buy a laptop and find someone doing this deal. But, but if there is a transaction between two individuals here and you want to sell your laptop and the buyer offered $800, if you as a seller, show in sort of the acceptance approval of

00:41:07--> 00:41:16

the bit of the buyer, no one else should intervene in this case and come in and say, but I will offer you 100

00:41:17--> 00:42:05

because in this case that is salmonella, so that is outbidding before the sale is finalized biotin bear is even worse they are at bay as invalid in the mouth have is forbidden and invalid salmonella some is forbidden but not invalid. The sale afterwards will be valid although it is forbidden. But if the sale is finalized, then it would be biology there is then it would be outbidding after the sale is finalized, which is worse. So after if there is clear if there is an option to return, you know, you go and say say say to the buyer, if you're another seller, for instance, you go and say to the buyer, how much did you get this for $800 he got this laptop for $800. I'll give you a similar

00:42:05--> 00:42:13

one for 700 that is outbidding the other seller. In a sense, it's it is sort of undercutting the other seller.

00:42:16--> 00:42:49

If the buyer has an option of return here, he will go back and return the product and come and buy from you. All of these are forbidden transactions, all these are when does it when does the prohibition start? In the case of sound where the prohibition starts from the time that the two parties show approval of the agreement? Sure approval of the agreement, then the prohibition starts.

00:42:52--> 00:43:02

And it is supported by Bukhari and Muslim from normative the professor Sam levy about documentary about you should not adhere it does not say who it is.

00:43:04--> 00:43:31

No one should outbid you should not outbid each other in you know in your transactions you should not have with each other. Keep in mind that there is a hadith that is reported by sin and all sorts of beautiful Hadith where emergency Jewish merchant to show you that the Islamic ethics are applicable across the board. A Jewish merchant came to Medina with wheat or so like what what is it? Maybe wheat or something?

00:43:32--> 00:43:49

No, not not me, maybe Sharia. But when he came in or something, integrates some grades. And he he said that each mode of this will be sold for one Dirham. Each mode of this will be sold for one day.

00:43:53--> 00:44:16

And during the year there was a time of hardship and muddy and I don't want to say famine necessarily but it was time of hardship in Medina where his food was very scarce. The Companions went to the prophet SAW Selim and told him this Jewish merchant came to Medina and he's selling one more before it's too expensive. And the Prophet sallallahu Sallam said to them, I would love to meet a law without forcing

00:44:17--> 00:44:24

anyone you know or without taking anyone's money, without the contentment of their heart,

00:44:25--> 00:44:30

even if sentimental, without the contentment of their heart, and given it to someone else.

00:44:32--> 00:44:51

and here if used to fix fixed prices, and in somehow Hadith the Prophet also himself, God is the only fixer of prices Messiah, God is the only fixer of prices like I would not do this. And that gives you like, a hint about, you know,

00:44:52--> 00:44:54

the free market idea in Islam.

00:44:56--> 00:44:59

And in fact, if I remember correctly, Adam Smith

00:45:00--> 00:45:09

talks about the devil, as a philosopher, has the, you know, the brightest model of free market

00:45:10--> 00:45:26

in the history in the ancient history, Adam Smith, Miss Smith himself, as far as I remember, if I remember correctly, but I do think so if you try to Google it, so the concept of free market in Islam has been

00:45:28--> 00:45:29

an established one

00:45:30--> 00:45:31

going back,

00:45:32--> 00:46:01

then the Prophet sallallahu Sallam said, but there are certain things I want to tell you about your sales, you know, you don't out there, don't suffocate, don't do this, don't do that. Well, who knows about ally one, and be all servants of Allah brothers. This involved the Jewish merchants, by the way, the beginning of the Hadith is about a Jewish merchant. So he's given a universal message to humanity, you know, be brothers.

00:46:03--> 00:46:14

And he's given a message to rulers across all times, allow the market to be free, don't fixate prices.

00:46:16--> 00:46:28

Certainly in certain conditions, the attacker would be forced to really you know, the person who's making a ticket or monopolizing a commodities that are essential for the community,

00:46:30--> 00:46:52

then that attacker will be forced to release that or, you know, to allow the people to purchase the commodity like we cannot allow the people to die because someone wants to store all of their wheat or all of the rice or this or that like as well, one of the food staples that people rely on, for their sustenance and their survival.

00:46:56--> 00:47:04

It's there, Adam Smith. Okay, so it was actually Adam Smith talked about the free market in the state of California.

00:47:09--> 00:47:10

Okay,

00:47:11--> 00:47:45

did I miss anything here, but this is the important concept. It was a Jewish merchant, the Prophet told them I would not force him to sell to you for cheaper as a ruler. I don't this is not my prerogative, it's a loss prerogative, I should allow the market to operate freely. But at the end of the day, if they were dying, it was a difference that would have been a different story, it would have been a necessity or and then he said, we're gonna write about a life plan and we are servants of Allah brothers, which means the universality of this message, which means that the Islamic ethics are applicable

00:47:47--> 00:47:53

across faiths. You know, it's not limited only interface but interfaith as well.

00:47:55--> 00:48:22

Then the shifts were on very hard in the battle who, Allah who samsara seen by a town resident on behalf of a nomad by being a broker for him or her side of the town resident, by a town resident on behalf of a nomad by being a broker for him or her. And this is important, this idea is important and I may go a little bit over time that we want to finish this because it's all interconnected.

00:48:25--> 00:48:36

One by the professors are themselves you know, clearly that'd be a harder harder only bad, no town, residents should sell for no Matt.

00:48:38--> 00:49:04

And even our boss said that he should not be a broker for him when he interpreted the Hadith, he should not be a broker or samsara for him. What does that mean? For the medallion and soft said there are five conditions for this prohibition to be applicable. The bad which is the bad D which comes in from the bid comes in from the bad the the bid when the new map the outsider coming into town.

00:49:06--> 00:49:21

lie about how utterly bad the mirror image of this or or connected with this also, what Atletico said are popular and prohibited as work do not it which is interception, interception.

00:49:22--> 00:49:59

We did not say that you do not outbid your brother belongs Where? Here, here, right? It compromises this your our responsibility to the creation, so you don't have with your brother, it compromises what here. It is not equitable and it is not socially responsible. Okay, going back to the hardware and bed, he is coming from outside of town, he has goods and he wants to sell those goods. He wants to sell them for a particular price. He does not know the prices, you know in town, but he would be satisfied as a nomad. He would be satisfied setting you know, his

00:50:00--> 00:50:10

One sheep for a dinner for instance, you'll be satisfied sharing the setting his sheep one for each one for dinner. Then when

00:50:12--> 00:50:36

when when is it impermissible for you as a town resident to be a broker for him one he is coming in and he is already intent on selling for a dinar and he does not know the the prices and you go out to him and you tell him no don't sell for a dinar you know I can

00:50:37--> 00:50:40

help you get two dinars per sheet.

00:50:43--> 00:51:12

In this case, that brokerage is forbidden and you actually set it to him for a higher price than the price that he intended to sell it for that brokerage is forbidden, you will make a little bit of money because Islam wants to remove the intermediaries you will be making a little bit of money, but you will be causing the high hiking or you know causing the prices up in the prices for the rest of the people in town.

00:51:14--> 00:51:32

If that Nomad was satisfied with one dinar for their sheep, he should have allowed the Nomad to get to the market and sell himself to the town residents and the profits or sell them or how did the profit justify this he said Dan

00:51:33--> 00:51:38

bottom and bought let allow you know give provide

00:51:39--> 00:52:26

or give profit to people for one another or make people profit make profit from from one another cut out the intermediaries allow the producer to meet the consumer allow the producer to meet the consumer cut the intermediaries but the profit at the same time said you know this report Buhari mohalla reports in Buhari and others and consider it sound. The profit zone himself is a sponsor ha ha ha ha Varian sala onsala whenever one of you consults their brother, he must give him good counsel. He must give him good counsel. If that Nomad came to you and consulted you, you'll have to tell them the truth. You have to give them a good counsel.

00:52:28--> 00:52:30

You do not seek them out?

00:52:31--> 00:52:49

To tell them you know, no, you should sell for higher if the Nomad came to you, you know and asked you, you know, I have this herd of sheep I came to sell them in the market. How much do you think what are the going prices in the market? You have to be

00:52:50--> 00:53:32

easier brother, who are just like I even be you know, you have to be truthful you have to give them proper counsel. And then in this case, you tell them no it actually you know, you could actually sell for higher you could sell for two two dinars because the going prices are such is that clear, because that is extremely important to hear. You're not because here you are being motivated by self interest in the first case that is forbidden, you're motivated, be motivated by self interest, and getting a commission and causing you know, harm to the rest of the people on the market and getting your own commission but in the second scenario, you're being beautiful to you. You know you're being

00:53:32--> 00:53:38

truthful, you're being beautiful, you're being Frank and forthcoming. That that's a difference.

00:53:42--> 00:53:46

If it is a surface that isn't also acceptable as long as you're not seeking them they are seeking you.

00:53:48--> 00:53:50

As long as you are not seeking them they are seeking you.

00:53:55--> 00:54:42

Not seeking them does not mean that the service will cannot be advertised but you're not going out to them in particular and because of the five criteria that medallion mentioned, the Nomad does not know the prices he came intend to sell on. You know at a particular price. You sought them out. You sold for them at a higher price. And the one the most important one, the people of this town needed that product. There was a need for that product and this stuff. So it is not a trivial it's not a luxury item. Because if it is a luxury item, you could do all of this you could seek them out. But if there is a need for this product, need for this product, and he's coming into town to sell the

00:54:42--> 00:54:47

product for cheaper and would relief the sort of the

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

that need were relieved that need that in this case you should not intercept interception is by you going out and buying the product from him.

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

And then suddenly to the people in town, and you should not go out and be a broker for him, even if you don't buy it, you should not be a broker for him and half the prices for the people in town.

00:55:15--> 00:55:21

If this particular scenario applies, you know social irresponsibility here

00:55:23--> 00:55:27

is is is clear and here is clear

00:55:28--> 00:55:43

you know, so the community and well being the societal well being here you're compromising the social fabric here by trying to make profit, although you're causing harm to your

00:55:44--> 00:55:45

your neighbors,

00:55:47--> 00:55:48

socially responsible

00:55:50--> 00:56:11

then the chick said, we're honey nuts and nuts. Well anyways, either facility or a library to Sherif naturals, which is provocation, which is raising the bid without intend to buy and we did address this, you know, and this is addressed in many a hadith where the prophet of Islam forbids nuts, which has provocation to people are, you know, you know,

00:56:13--> 00:56:22

sort of reaching an agreement about reach an agreement, you come in and you say no, but I'll buy it for more, the price goes higher.

00:56:23--> 00:56:31

And you don't have an interest in buying to begin with. Keep in mind that when we talked before about

00:56:35--> 00:57:22

eBay on eBay to basically outbid, that does not mean that auctions are Haram. That we forgot to save us that does not mean actually auctions are held out according to the formulas I had. Some, you know, some scholars can, you know, thought that auctions or, you know, felt that auctions were haram because of this but auctions are held out according to the formulas that we're talking about, you should not outbid when AP approval has been shown. But in auctions, approval is not shown until the final price is accepted by the auctioneer. So no approval has been shown yet in auctions. And then there is this hadith from Anna's that the Prophet was Adam sold the rock and a cup female yazeed

00:57:22--> 00:57:29

which is in an auction, you know, he auction the rug and a cup for someone. So

00:57:30--> 00:57:53

so in this case, netsh in this case, which is provocation is when you're not interested and approved. When you're not interested in the product that would be considered nuts. But if you're interested in the product and the product that would be considered what byala buy or sell model that would be considered outbidding all are forbidden, hold are forbidden.

00:57:55--> 00:58:16

nach is forbidden at any time because you have no interest in the product by Baron Samana. cellmark forbidden once approval has been shown. Once approval has been shown prior to the show and Gov approval in an auction you cannot bid because the seller has not yet shown approval of any bid.

00:58:19--> 00:58:23

Then the sheikh said one day at any PBR who

00:58:24--> 00:59:16

wanted to come out and say how can our freedom cassara we akula to kochava Anta biani have to study I mean he has to say is the one this is when one says I will send you this for 10 find pieces of currency or 20 defective pieces or I will sell you this on the condition that you sell me that or buy this from me as well. So, this is the interpretation and the Hanbury method There is also another interpretation in the middle of you know in the Muslim as well, which is to say I will send you this frigerator for 500 in cash or 800 installments, if we do not agree on a particular contract before we finalize the same that is forbidden that is two sales in one and that is the reason why

00:59:16--> 00:59:23

some of the contemporary scholars have said that babytalk cetus haraam that you know is

00:59:25--> 00:59:27

deferred payment sales are all Hara

00:59:28--> 00:59:33

you know Satan you know paying in installments is all around. You either have a cash or you don't buy

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

which sometimes it makes sense like financially you should either have the cash or ism but but but the issue here is that the form is approved sale, you know payment installments, and approve deferred payment, you know, deferred payment in installments and the understanding of the prohibition of two sales in one

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

is when there is no clear agreement on one place prior to finalization of the contract, prior to finalization of the contract. But if you have cars in your lot, and you say, Hi, I'm selling all the Kia souls here 2014 Kia souls, or, you know, the my brand new Castle's here, I'm selling them for 20,000 in cash. But if you buy, if you pay over three years, here is the price that you will have to pay. If you buy over three years. If you go and say to him, I will buy in cash in deferred payment, and you agree, and you finalize the contract this way, that it is harder, but if you take the car and say, if I, you know, if I pay you within one year, if I bring you the money back to you, then

01:01:03--> 01:01:15

I'll take it, you know, I'll give you $30,000 but if I paid over one year, I will pay you this much. And if I pay it over 30 years, I'll pay this much that is not harder.

01:01:16--> 01:01:27

The contract has because it has to be known the price and the commodity they both have to be known designated price and commodity and then the chief said

01:01:29--> 01:02:20

there is so much disagreement about you know, I will send you this on condition that you sent me that you know that we will come to it and later in the inshallah in some other lectures. And then he said wakad sallallahu sallam, the prophets of Salaam Jani Latta lacto sera Hata yoga as well, the problems and solve them said do not intercept goods before they are brought to the market. interception is when the caravan is coming from outside. And that could even apply to modern transactions. If you know people who have their own ways of getting bids in any crooked way all of this applies to them. So allow transparent, equitable process. And don't try to you know, proceed

01:02:20--> 01:02:26

get ahead of everyone else and get a contract. So interception here

01:02:27--> 01:02:41

is, is when you go out and wait for the caravans that are coming in and buy the goods from them. Here you're not acting like a broker for them, you're actually buying the goods from them, that's interception.

01:02:42--> 01:03:02

You're buying the goods from them and then you go in and and sell the goods for higher prices. And here the idea is this is socially irresponsible at higher the prices for people. And also you are using the imprudence of the seller here.

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

Because you're thinking that you're probably taking this stuff from them for cheaper and have they gotten gone have they made it into the market, they would have been able to sell it for a better price, cut out the intermediaries.

01:03:23--> 01:03:38

Whether they are retailers or wholesalers, it doesn't make a difference, but you don't intercept them. You don't you allow them to get this to know the prices have to come into the market and sell to the consumers. You do not intercept them.

01:03:39--> 01:03:45

And then this CFO said we're Clara minister Rotherham and Farah bear who had a selfie.

01:03:47--> 01:04:24

He also says allies lm if one buys foodstuff, one should not sell it before being in full possession of it all. So you have to basically because this is the concept of accordance with the mind, you have to be in liable for this, you have to move the move the food so that you're liable for it, it is in your mind, you're the one who's liable for it. You don't buy it from the seller and leave it in their storage, and then go out and sell it before you had moved it to your own storage.

01:04:26--> 01:04:40

Because in this case, you are shifting the risk away from you, capitalists trying to shift the risk away to the right and left to the original seller and the final buyer.

01:04:45--> 01:04:46

I guess that's it

01:04:49--> 01:04:50

for today.

01:04:51--> 01:04:55

We'll get five minutes for people to leave and then our q&a session.