Fiqh of Transactions #7 – Cancellation Options in Transactions

Hatem al-Haj


Channel: Hatem al-Haj


File Size: 38.68MB

Episode Notes

Share Page

Transcript ©

AI generated text may display inaccurate or offensive information that doesn’t represent Muslim Central's views. Thus,no part of this transcript may be copied or referenced or transmitted in any way whatsoever.

00:00:07--> 00:00:08

To proceed

00:00:10--> 00:00:14

so today inshallah we will, we will have two sessions on.

00:00:15--> 00:00:20

And the reason why we're doing this, which is not our habit.

00:00:22--> 00:00:25

That's certainly not because Mac is more important than to scare

00:00:27--> 00:00:30

if anything would be more important for, you know,

00:00:31--> 00:00:33

the entirety of them, and it would be this game

00:00:36--> 00:00:47

without detracting from the importance of, but it is because we have a chapter that we need to finish in one day. And that chapter is the chapter on the cancellation options,

00:00:49--> 00:01:13

cancellation options, that is called the double pr, pr comes from, from from higher, you know, at the end of the day, it comes up from higher and higher means good. And PR is basically having the option to choose between the better of two deals, having the option to choose between the higher

00:01:14--> 00:01:28

the better of two Dean's because higher could be also you could also be used as a superlative. So, you know something is better than than something.

00:01:29--> 00:01:34

And if you have the option to choose between the two deals, then you have the fear

00:01:36--> 00:01:40

you have the FTR you have the option

00:01:41--> 00:01:42

of choice.

00:01:44--> 00:02:16

So, in a moment, gamma will start we'll talk about the different forms of AR here. And certainly, this will not be completely comprehensive. But it will be pretty comprehensive to a great extent, you know, like the options that the demo talked about are the main options. And the other options are subsidiary to them or they are subcategories of them, or they are related to them in some way.

00:02:18--> 00:02:34

But the ones that he will address here in this chapter are the main options, where you would be as a buyer is entitled to canceling the transaction, or the seller would be entitled to cancelling the transaction.

00:02:35--> 00:02:51

When are we entitled to cancel the transaction? You could say that this is our return policy, or the return policy as expressed in fact, when are people entitled to cancel the transactions?

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

First, I have to say and you will find this in the document I wrote this in your document, I have to say that

00:03:02--> 00:03:17

shuru agreement, mutual agreement overrides the default, except in a few cases where the mutual agreement between us circumvents the intent of the jury or the intent of the legislator

00:03:19--> 00:03:33

or compromises the purpose of the contract itself. And we did talk about this last time and mentioned a few examples. But in general unless they do stipulations

00:03:34--> 00:04:10

that are agreed upon between the two parties to a transaction override the default. So it's not like the attorney wants to impose you know, pre crafted contracts on all people or you know pre made preset contracts are all people that would allow the parties to a transaction to have the flexibility of reaching a mutual agreement on how they want to perform that contract.

00:04:11--> 00:04:13

As a first a second

00:04:14--> 00:04:15


00:04:16--> 00:04:17

the types of

00:04:18--> 00:04:43

options that we have can be divided into two large categories can be divided into two large categories we have many types of options, but they can be divided into two large categories. One of the two large categories is called CR Antara we say are

00:04:45--> 00:04:46


00:04:47--> 00:04:50

and this means option

00:04:55--> 00:04:59

that abrasion for option for the Liberation Army

00:05:00--> 00:05:02

For that abrasion

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

for that a bridge

00:05:10--> 00:05:16

meaning that one of the things that are that are extremely important in the theory of

00:05:18--> 00:05:19

this discipline

00:05:20--> 00:05:28

you know the laws of financial transactions in Islam is called the which comes from arriba.

00:05:29--> 00:05:42

It comes from ryda in the form of the foul which means mutual credit, rather his acceptance is to have complete acceptance without any coercion

00:05:43--> 00:06:16

in order so, karate comes from whether but karate is in the form of the foul which means, that there there is mutual acceptance of river between two parties. So, that concept of parody, that is mutual acceptance is extremely important and to the jury our aims to achieve that, that we have, so, it gives you the option to cancel the first type of option to cancer that's called the option for denigration. As the FOCA

00:06:18--> 00:06:27

explained, it's the option of deliberation the option of taraweeh theater with the other option to cancer that's called here in a peaceful

00:06:30--> 00:06:32

Korean pizza.

00:06:41--> 00:07:35

Now, pizza comes from what comes up comes up from knocks, knocks means what deficiency and so, PRN visa is the option for deficiency when there is deficiency deficiency in what deficiency in the price deficiency in the commodity than deficiency in the performance of the contract, you have not really fulfilled your side of the contract your obligations and this contract. So, that deficiency would give me the right to cancel this contract. So, it is deficiency in what efficiency and price deficiency and commodity deficiency and performance performance of the conditions of the contract and that is the ordering a pizza, which would be option for deficiency

00:07:36--> 00:07:37


00:07:38--> 00:07:56

Keep that in mind, we have two options, we will we want you to take it we want to give you the option to cancel if you found that there is deficiency whether that deficiency is in the price or commodity or the performance of the contract, and we want you

00:07:58--> 00:08:00

to be able to cancel

00:08:02--> 00:08:39

adds a little bit more limited than the option for the deficiency which is stronger, but we also want to give you the ability to take your time and to deliberate and to ensure that you are actually satisfied with the product that you received or you're satisfied with with a contract, whether you are the seller or the buyer, these are the two main categories and in light of that, you will be unable to understand better the list that Madonna

00:08:41--> 00:08:44

will talk about that list

00:08:45--> 00:09:07

that list. So, why are we talking about theodicy, because they are in general by default is less than contract we have two different types of contracts in general we have a contract that is called lasme. And we have a contract that is called is lasme means binding

00:09:09--> 00:09:21

and jazz would mean permissible, but in this case would mean non binding. Non binding means that the two parties to the contract have the option of

00:09:23--> 00:09:23


00:09:25--> 00:09:50

away from it whatever they want, but lasme means it is a binding contract, a binding contract, one of the highest forms of resume is work, you know by you know one of the forms of resume is nikka you know the the contract cannot be sort of equivocal in that sense via

00:09:51--> 00:09:59

So, these are binding contracts, that does not mean that the binding contract will you people will have no way out of it but it means that the default is that this is

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

binding contract announcement would require,

00:10:08--> 00:10:43

there has to be a reason for the announcement of the contract, there has to be a reason for the announcement of the contract. But if I make you a kid, if I give you power of agency, or power of attorney, if he ever make you my agent, Can I just tell you, I'm not interested in keeping you as my agent anymore? Anytime I want? Yeah, for sure. Can you tell me I'm not interested in being your agent anytime you want us for sure. So we have this, this is awkward, what is it's a non binding contract, as long as we have the act between us, it will be consequential and legally enforceable.

00:10:44--> 00:11:00

If you act on my behalf while you are my agent, then I am going to have to accept whatever you have done. But once I have told you, I'm out of this, you know, I'm not interested anymore, then I'm not interested anymore.

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

And then the

00:11:13--> 00:12:05

the buyer, if we say that buyer as often as and there is a binding contract. That makes sense, right? Because once we have, you know, our word, once we're done with that transaction, you know, someone should have an option anymore, it should be binding, except except once we have parted physically from each other, once you have left the store, once you've left the store that set up as your product, you cannot come back and tell me I'm not interested in this transaction, it is your product, you should have taken your time to figure out whether you're interested or not before you left my store. Now, this is except if there is a condition stipulated between us that would allow

00:12:05--> 00:12:26

you to come back and say, you know, based on the condition between us, I want to return this commodity or except if you found some defect, you know, some defect was found and that the factor that piece or that knot is basically enough in the price the commodity

00:12:28--> 00:12:33

or or you know, the performance of the contract, he found some defect in the

00:12:34--> 00:12:39

basically execution of the contract or or

00:12:41--> 00:12:56

we disputed over something, and the only way for us to resolve that dispute is to allow or to cancel the contract. So, there is a condition there is a defect if we this buted.

00:12:58--> 00:13:00

And, and and certainly you know,

00:13:02--> 00:13:14

if there was a the fact here would mean what not what could mean like the fact that that is not basically

00:13:16--> 00:13:26

that is not coupled with any form of cheating or any form of scams, it's just like a defective product. But certainly if there is cheating, or there has been

00:13:27--> 00:14:03

sort of this honesty and the execution of the contract or the performance of the contract on any part, then that certainly would give us the right to cancel more than just the presence of a defect. And then the final thing is if you overcharged me, which is called the hub, which is called an equity, if you sort of overcharged me whether because of my naivety or because you're just like too smart, or I did not know the prices because I'm an outsider, I'm from out of town, or you

00:14:04--> 00:14:25

you know, or for some other reason, then if there was no cheating involved, but you overcharged me if there is cheating involved any overcharged me, then they will, they will, they will give us the right to cancel. That will give us the right to cancel that there was no cheating involved, but you still overcharged me because I'm naive.

00:14:26--> 00:14:38

We will come and talk about how they disagreed over this, how they disagreed over this, but basically comes in the same contract is a binding contract unless

00:14:40--> 00:14:41

otherwise specified.

00:14:44--> 00:14:48

Or we have a defect or there was cheating or

00:14:51--> 00:14:53

there was inequity

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

or we dispute over one or both ends of the country.

00:15:00--> 00:15:03

For the performance of the contract in general,

00:15:04--> 00:15:21

now, so how many options do we have? You could say 20, you could say 15. You could say eight, you could say to Tara, we are not pizza, options for deliberation options for the efficiency, if you want to basically, like, have a grasp of

00:15:23--> 00:15:37

the topic. But but the ones that, you know, I, I would say that the ones that were mentioned here, six, that are mentioned here in the book are six, he did not really listen to them, but you could.

00:15:39--> 00:15:41

And one of them he did not even address,

00:15:43--> 00:15:53

which is the federal government, but I added it. But the ones that are mentioned in the document that I sent, you're about 666

00:15:54--> 00:15:55


00:15:56--> 00:16:05

The first one is periodic methods. The first one that he would mention here is periodic measures, which is the option to cancel prior to physical separation.

00:16:08--> 00:16:09


00:16:11--> 00:16:39

captains pr imaginisce. That counts the option to cancel beat prior to physical separation. Prior to physical separation or prior to separation, we'll come back and talk about how the football disagreed over this prior to separation. And then we have the second one that he mentions is tiara sharp, which is the option to cancel because of a stipulation sort of stipulation

00:16:46--> 00:16:54

or condition in the contract. And then PR Li has the option to cancel because of a defect I

00:17:03--> 00:17:11

and then we have pr at LEAs which has the option to cancel because of scams.

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

These would be scams. That's the best word I guess.

00:17:20--> 00:17:27

Is it that these? Well, we will explain it because the lease is pretty hard to

00:17:28--> 00:17:31

find like an exact word for word translation for

00:17:34--> 00:17:39

that lease does not involve line. The medallist is not lying.

00:17:40--> 00:17:53

But we'll come back to it and talk about so that lease scams, and then the option to cancel because of Robin, Robin. And Robin would mean in equity.

00:17:54--> 00:18:03

That is when you overcharge the customer overcharge the customer without cheating, you're just overcharging but you're not cheating.

00:18:04--> 00:18:11

The option to cancel the final one is because of the level one, which is

00:18:13--> 00:18:14

this view.

00:18:15--> 00:18:24

We disagree over something, you know, sometimes these are the further transactions so you could have disagreed even over the price.

00:18:25--> 00:18:58

We agree that I'll give you this product for $80 you come back and say and it is a deferred payment, then you come back and say we agreed that it was 60 the price was 60. And not at we agree over the description of the commodity the commodity, you know, we could disagree over. We could disagree over the price. We could disagree over the commodity and we could disagree over any description. We could disagree over conditions.

00:19:00--> 00:19:19

You know I sold you this on condition that this or that so we could disagree of our conditions. We could disagree over the price of the commodity or their attributes we could disagree over performance of the contract. We agreed on a time we agreed on you know it's deferred until

00:19:20--> 00:19:25

our you come back and say no it was deferred until rivia stanny is etc.

00:19:26--> 00:19:30

So it is called the option the option

00:19:34--> 00:19:59

draft of disputes. So now separation stipulation defect scams inequity and disputes. If you if you want to go back to the two main categories that I talked about, and I said that the sorry I wanted to give you two here fiata tarawih and Fiona Pisa the PR or the option for deliberation and the option for deficiency to ensure that you did

00:20:00--> 00:20:18

There is mutual agreement, there is acceptance, everybody is okay, you know is fine with this contract because mutual agreement and mutual acceptance is very important, very central to the idea of financial transactions in Islam.

00:20:20--> 00:20:24

So, in this case, in this case,

00:20:27--> 00:20:36

how do you how where do you how do you classify separation? is a parabola on a pizza? Is it for celebration? Or for defect?

00:20:37--> 00:20:49

taraweeh? Yes. And then this would be tarawih. How do you classify stipulation as sharp as it for tarawih on a piece of tarawih, the rest of being a piece.

00:20:53--> 00:21:20

This is for deliberation for deliberation, these are for deliberation, and the rest are for pizza. The fact clearly, you know, pizza scams clearly in a pizza and equity, clearly the pizza disputes will be predominantly about something wrong, you know, if discovered something wrong at the price of the commodity, something wrong in the performance of the contract. So, these are the pieces. So, that is what we will be talking about today.

00:21:23--> 00:21:29

But before we even get into the factory side of things,

00:21:48--> 00:22:30

there is something that is that is and that is how we should teach, by the way and that is how we should learn that there is we have to mix with ethics because the separation of the two disciplines can be detrimental, we have to really go back and and infuse ethics into further scholars in the past separated, because they had the leisure to do that because everybody who got to learn to also learn ethics and there were separated disciplines, but it is extremely important that we reunite them with Mary Falcon ethics, before we discuss any of this stuff, and you know, the law has to be basically

00:22:32--> 00:23:06

the law has to be decisive has to be clear has to avoid any ambiguity has to be sharp like a sword, the law has to be like this, because when we are in court, we're not talking about graciousness. Here, we're talking about rights and obligations, the rights and duties, we're talking about the intersection of rights and obligations. And usually there is no room between rights and obligation, your right and where my obligation starts and vice versa, or, or you know, your right hands with where my rights start, and vice versa.

00:23:07--> 00:23:39

So the law has to be very sharp. But when it comes to ethics, it's a different story. Sometimes there are certain relationships that cannot really run on laws and the run on you know, sometimes you have to have you have to have a good understanding of the laws so that you could have a baseline to start from, but our relationship like the American relationship, really, if you like if you want to just like

00:23:40--> 00:23:59

be so stiff about it and figure out the rights that were the these doesn't work this way. That's why I lost talks to us about fabula totland America relationship with our fans our backup, don't forget graciousness and dealings among amongst you are among yourselves.

00:24:02--> 00:24:53

So but when it comes to transactions, do we also need this act? Does the society need our graciousness? Absolutely. When you come to court, the judge cannot talk to you about graciousness. The judge would have to be focused on the sort of the laws and you know, and he should be sharp like a sword and figure out where you know, who's entitled to what the judge may tell you, you know, that is problematic for some of us, but he will not be able to enforce graciousness. graciousness is not enforceable, but for our well being for our spiritual moral social well being we must pay and less heavy for the prophets of Salaam were reported from Jabba the prophet SAW Selim said, Rahim Allah,

00:24:53--> 00:24:56

Roger and Roger and here will apply to men and women.

00:25:00--> 00:25:02

Because the default is that they're applicable

00:25:04--> 00:25:06

The default is that they're

00:25:08--> 00:25:10

addressed by the same

00:25:11--> 00:25:16

instructions unless otherwise indicated praqma lower on some hand

00:25:25--> 00:25:26


00:25:32--> 00:25:36

pa and in some reports There is also

00:25:38--> 00:26:03

Okay, this, this is Biharis report from Java Rama lodato and some honey the way the starter is October and in some reports where some some plan is repeated something is about some honey this Tara some honey cover some honey the club sub reports somehow repeated the amphibia Why is it repeated to put more emphasis on some fun? What is Samhain?

00:26:04--> 00:26:06

Samhain means lenient

00:26:08--> 00:26:09

some hand means easygoing.

00:26:13--> 00:26:15

Some hands on also can mean to

00:26:16--> 00:26:43

some extent, generous corporations. But mainly It is about leniency to be lenient and easygoing, to be easygoing, agreeable, lenient, you know. And if you're, if you're easygoing, all the people like you, starting with your spouse, everybody will like you, you'll be a likeable person, if you're just easygoing, some people are just not easygoing.

00:26:44--> 00:26:46

And that's a problem.

00:26:48--> 00:26:50

Somehow, somehow, candidates.

00:26:51--> 00:27:12

Okay, so may Allah have mercy. Okay, so, we didn't translate the rest of these. So rahima waiver means, have mercy on so may Allah have mercy on Allah have mercy on a man who is lenient, easygoing, gracious is when he sells

00:27:13--> 00:27:16

this isn't the past tense, but it means when he sells or

00:27:17--> 00:27:37

when he buys what is proper and when he demands payment, when you know, demands, fulfillment of contracts, is a means when he fulfills his side of the country, his demands, the fulfillment of his side and the contract or the man's payment.

00:27:40--> 00:27:40


00:27:41--> 00:27:56

that that is basically the ethical foundation of this chapter, if you are easygoing and lenient, and your friend is easy on and that is why in order for you to have like,

00:27:57--> 00:28:04

a good partnership with somebody just ensure that they are lenient and easygoing, you know, don't measure the size of their beard.

00:28:07--> 00:28:08

It is not

00:28:09--> 00:28:21

and I'm not belittling the sort of the profit or loss of them or the obligations of the deed, but I'm just saying that this is not going to be the final

00:28:23--> 00:28:26

sort of qualifier this qualifier here.

00:28:30--> 00:28:32

So make sure that they are easygoing.

00:28:35--> 00:28:37

The same applies to marriage.

00:28:43--> 00:28:44


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


00:28:50--> 00:28:51

so now we will start with it now.

00:28:53--> 00:28:59

But that's the introduction. This like 30 minutes in production was not irrelevant. So hopefully we did not waste time.

00:29:00--> 00:29:10

So she said Fiona Methodist albayalde with 30 millimeter rocker This was reported from Bukhari and Muslim by a by a Muslim from Abdullah Omar and Hakeem.

00:29:13--> 00:29:18

This is the statement of the Hadith itself. He started by the Big Bang Theory meta meta for

00:29:20--> 00:29:59

them that she except be updating me this is not reported in the Hadith, and that's why there will be the controversy here by their bodies, which means physically, so the word physically is added than in the metadata by the safe, not part of the Hadith. But it is, it is in accordance with the Hanbury method. They have their name for interfer Raka and a part are separate. What I mean by Raja bugbear they separate and neither of them has abandoned the sale, then it becomes binding so she accept the buyer and the seller have the option of canceling the deal unless they separate physically

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

The buyer and the option, the buyer and seller have the option to cancel the deal, unless the separate, full stop that is the Hadith that is reported by Bukhari and Muslim. Physically an addition from a chef in accordance with 100 emails. If they separate and neither of them has abandoned the sale, that becomes binding, and they separate and either abandon the sale, then it becomes binding.

00:30:31--> 00:30:38

Okay, so separate and have not abandoned separate physically. That's how he is and I will

00:30:40--> 00:30:50

mention the Hadith in its entirety. Now, although we don't need it, we always needed its entirety. But the part she was talking about here

00:30:51--> 00:30:52

of the Hadith.

00:30:53--> 00:30:58

The segment of the Schiff wants is albayalde theory melamine

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

supported by Bukhari and Muslim, the br means what the two sellers, the seller and the buyer because everybody's selling something, you know, because you're setting the price he's setting the commodity

00:31:16--> 00:31:39

Albion it just means traders, everybody's trading something by trading. So, in this sense, everybody's trading something and keep in mind that it is not a barrier is not only about price for commodity, do you remember the first time we talked about Bear Bear is also about prior it could be price for price which is called sarf not necessarily

00:31:40--> 00:31:45

which is currency exchange, but they also could be commodity for commodity which is called what

00:31:47--> 00:31:49

it is bartering, bartering.

00:31:51--> 00:32:03

So, in May and the two traders Ben car they have the option what option option to cancel nanometre tharaka if they do not separate,

00:32:04--> 00:32:09

separate just separate the knots that does not say physically,

00:32:11--> 00:32:13

which we will come back and talk about.

00:32:17--> 00:32:20

They have to write the English or just say

00:32:22--> 00:32:24

okay, they aren't

00:32:26--> 00:32:30

then the rest of the hobbies the other segment of the Hadith that we will always need

00:32:31--> 00:32:34

for him sada colombiana

00:32:36--> 00:32:49

in South Africa, and if they South Africa, have they acted credibly Southern means that the truth of the Act credibly will be Anna

00:32:51--> 00:32:54

banana here means what to disclose to.

00:32:56--> 00:33:12

If you want to if you if you want to translate it, you may say if the act credibly and transparently. It's about transparency to be in is about transparency. So it is about truth. So if they have the act credibly and transparently, Boudicca lahoma Phoebe,

00:33:14--> 00:33:15

Puri, kalama Phoebe,

00:33:17--> 00:33:28

then they're shaved or their sale or their deal will be a blessing the both of them will have a blessing the the seller and the buyer

00:33:32--> 00:33:59

which means that you don't always have to win over it is not about winning, it is not about you know, it is not about exploitation, it is not about making, you know, the most profit out of your head is about mutual benefit. trading is about mutual benefit if we approach it in this way, then everything will be blessed in Chawla. And then the

00:34:02--> 00:34:06

Messenger of Allah sallallahu Sallam said, Why in Kava

00:34:08--> 00:34:09

have they lied?

00:34:11--> 00:34:13

What Catherine and can see

00:34:17--> 00:34:24

maka Baraka to obey Him more hated, Baraka to buy him.

00:34:27--> 00:34:35

Then, the Baraka, the blessing in their trade will be obliterated will be obliterated.

00:34:37--> 00:34:46

Remember, this is a very important topic. This is the Hadith of the love nama and Hakeem Hassan that is reported that Bukhari and Muslim very important holidays.

00:34:47--> 00:34:53

Okay, the segment that we are using here in this part is what they are unable to do.

00:34:55--> 00:34:57

The two traders have the option to cancel

00:34:58--> 00:34:59

unless the separate

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

Or until the separate until the separate was understood by the sapphires and honeyberries the meanwhile they physically part and physically part is determined by what it is determined by or whatever the or the custom, you know, norms of the people.

00:35:19--> 00:35:29

They basically consider it to be physical parking than that it would be physical parking. And they they say, they say that this is

00:35:30--> 00:35:32

that we hold this opinion

00:35:33--> 00:35:43

because of the labneh homodyne. Erica, the Hadeeth used to walk away a few steps after the when he liked the he would walk away a few steps like this,

00:35:44--> 00:36:09

so that he would ensure that the deal is finalized, and the binding. So, if our beloved no Homer, the narrator of the hobbies understood the separation to mean physical separation, physical parking, who are we to say it is not about physical separation. He has the narrator of the Hadith, he knows what he's doing, or what he's narrating

00:36:10--> 00:36:54

when the Hanafi is, and Maliki's did not accept that. And they said that the contract is binding once the we both have a mutual agreement, and they can come up with all sorts of hypothetical conditions where it is very hard to determine how they separate physically, they say that we know you are here we are here. We have finalized that you have accepted you made it. We made sort of like the jab and caboodle and you offer an acceptance and we're done. You know you're walking around the store figuring out what else you want to buy or something, it's not my business, but this for the trade has been completed this transaction has been completed.

00:36:56--> 00:37:14

So that is the position of the HANA fees and the medicals and you see what where they're trying to come from where they're coming from, and how shafa isn't homebodies they the mainly use of the lab no homers interpretation of the bodies as their strongest

00:37:15--> 00:38:08

argument. Now, if the if the if the separation of the physical separation is hard to determine such as, like sort of unusual transactions like online transactions or some transaction where you're not even there the same time and they're not in one physical place at the same time, then we have a legal Maxim that says mme you have to do a lot of your jiofi little shadow your job field or whatever is not determined or assigned or designated by the shadow, you refer to the or for for means the people's norms people's customs. So anything that has not been designated by the shadow, where do you how do you understand that? How do you interpret it you refer to the or that is

00:38:08--> 00:38:30

people's norms and customs. So whatever people determined to be separation to the finalization of the of the contract with Calvin. So if you know clicking a certain button is means that you're all done, you're accepting place your order, click, that's it, we're done.

00:38:32--> 00:39:03

So that, that would be that. So the first one is the is one of the options of tarawih one of the options for that abrasion, and it is called the tiara madalas. And it is about the finalization of the contract to the HANA visa and Medicaid would say that this is once the jaboticaba would have been made offering acceptance and the contract is finalized. It is not simply by E. I like this, how much is it for $20 and then the contract. Here, I like it for $20.

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

Once you have taken it once you have it's not like about expressing acceptance, it is about a job and it is about offer and acceptance and finalization of the contract. That's what the 100 is and medically say that's what it is about. So and it is. So they say that the Hadith is basically to remove ambiguity. You know, there has to be an agreement between you both the traders, that this is going to be the price and this is going to be the commodity and that we have both accepted and we have finalized the job and in the sense

00:39:46--> 00:39:56

then that you understand also where the Java is that companies are coming from when they talk about the separation between physical separation and what made them

00:39:58--> 00:39:59

what made them say that

00:40:02--> 00:40:04

The second here

00:40:05--> 00:40:36

the second er is PR o sharp which has the option to cancel the N conditional transactions. The CF Rahim Allah tala said in an era in linear storytelling starita Hill Ania storytime crlf woman exceptive they This is a less it is stipulated that it is optional for both or one of them not only for both or one of them modern maluma had given period

00:40:37--> 00:40:42

fagonia nanea Allah Shakti Hema in talanted muda il and

00:40:43--> 00:40:54

then they should abide by the stipulation no matter how long the period of the option unless they agree to cancel it they both agree to cancel it

00:40:57--> 00:41:26

okay. So, here Here is the second type of option is it option tarawih on a pizza is that abrasion or deficiency tarawih Torah we also because this is a stipulated because there is no no peace no one's talking about no pizza here, you know, but we are both stipulating that I have you know that this will not be binding for 1234 there is 5678 910

00:41:28--> 00:41:47

he said here, this is another the stipulated it is optional for both or one of them for a given period. a given period means a certain period right? You know, so it's obvious in the in the translations a certain period. Why? Because according to all of the scholars except a

00:41:50--> 00:41:59

weaker position in the embedding a weaker position in the embedding method that said that the this FIAR this option to cancel

00:42:01--> 00:42:03

this option they can so

00:42:05--> 00:42:16

how to shortcut this sort of option to cancel because of a condition or a stipulation and the contract can be indefinite.

00:42:19--> 00:42:46

Only that one one weak position in somebody's mouth. However, the herpes, Maliki's Sharpies, and homebodies said that there has to be a certain period certain period given period, it cannot be indefinitely. So like we said in the last time, LL beans would be using that weaker position in the 100 emails.

00:42:49--> 00:43:02

Because their transactions, you could return the merchandise anytime you want. In definitely. And definitely, they are revising this, they'll probably adopted the position of the majority.

00:43:05--> 00:43:13

But it has been revised because because people have used it, you know, just like

00:43:14--> 00:43:21

after like 20 years, you've used it for 20 years and then you just decided that you don't like it anymore.

00:43:25--> 00:43:37

Okay, but then then, so, we can stipulate in the contract that you will have that you can return the you know, return the commodity anytime you want.

00:43:39--> 00:43:56

But, the majority like I said it has to be assertion period, what is this period could be like long period or has to be a fixed period, the HANA fees and the shaft is Hana fees and Java is said three days is the most,

00:43:58--> 00:44:02

three days is the most the Maliki's and honeyberries said what

00:44:04--> 00:44:13

any period as long as it is this the designated as long as it is a certain period. So, you could say 25 years

00:44:15--> 00:44:59

as long as it is designated, it is basically any period, but they also say that goes back to customs and norms and for certain products, it's different, you know, you know 25 years is just like an exaggeration for me, but they they say that it is based on you know the time that is needed for this therapy for this deliberation to figure out the product and products are different certain things would basically you will be able to figure out whether you like them or not whether they work for you or not in three days other things they would take a week other things would take a month. So it varies. That is why they said that the period does not have to be limited to three days. Why did

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

Hana fees and Java in say three days because there is a hadith where the Prophet sallallahu Sallam said to a man called Montez

00:45:10--> 00:45:22

tell us who started sell, who used to be sort of deceived and transactions. He said him his biographer por la Ilaha, Wali and CR Salah

00:45:24--> 00:45:25


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


00:45:36--> 00:45:40

when he or Wella in some reports, it's more like a car.

00:45:52--> 00:45:59

Okay, so if I buy art and when you trade, by art, when you trade, when you trade

00:46:01--> 00:46:03

for call, say

00:46:05--> 00:46:15

lucky lab, say no deception, no deception, say to the other party, no deception, please don't deceive me, you know,

00:46:16--> 00:46:17

sort of

00:46:19--> 00:46:21

alert them to your naivety.

00:46:23--> 00:46:26

Nowadays probably they would have used the more

00:46:30--> 00:46:33

declaring that you are not really

00:46:34--> 00:46:48

competent trader. While he and and I'm entitled to or well act and you would be entitled to the world he would be an I am entitled to tell them that I'm entitled to health care option.

00:46:50--> 00:46:52

selasa Yeah, three days for three days.

00:46:55--> 00:46:59

And some other reports were left and you will be entitled to

00:47:02--> 00:47:21

you will be entitled to the option for three days. Now the HANA fees and Shafi says, Well, here you go. That is what we said, Who told you all the time, it's only three days. And then what would be the answer of the Maliki's and the sraffa is an automatic is an honeyberries.

00:47:23--> 00:48:14

So that the Hanoverian surveys would say the default for sales is that they are binding, we made that exception because of the Hadees and the Hadees, that he said that the person would be entitled to the option for three days. So if it hadn't happened in three days when we go back to the default, and the default of our sales is that sales are binding. Okay, so the magic isn't it is that you will say that we have two different defaults here, we have a default that the sales are binding as a default, and we're expected very much this hadith is about a particular incident about instruction to a particular person, but we have a strong we have another strong default that would override this

00:48:14--> 00:48:24

particular incident and that strong default that would override anything is that Heidi's that I told you last time to remember.

00:48:27--> 00:48:34

Howdy Tamra now, as reported by Timothy and others, and mostly Mona and she wrote him

00:48:35--> 00:48:39

a song that is in beta misdemeanor loss on Han Han Holla Holla Holla

00:48:42--> 00:48:49

Holla Holla Holla Holla Holla on the part of the Hadith that we want is a Muslim owner in the shadow to him

00:48:53--> 00:49:02

sharpen and please don't pay attention to my handwriting has been like this since since there was an elementary school.

00:49:03--> 00:49:08

And they they tried to fix it my parents tried to sort of help me and

00:49:09--> 00:49:10

no one was able to

00:49:11--> 00:49:16

understand when I entered the sort of the Netherlands are panchkarma halon

00:49:18--> 00:49:19


00:49:21--> 00:49:22


00:49:24--> 00:49:56

which means the Muslims rotamer Allah shirota him means the Muslims abide by their conditions abide by their conditions except for a condition that Parana holida that makes Hillel haram or a condition that is a halal or haram and that makes a haram Hillel. Okay. So, the magic is various will say that this is our overriding default. This is our overriding default the three days

00:49:57--> 00:49:59

is profit and given interest

00:50:00--> 00:50:08

Among tester Savers, but but our overriding default is this, then the Sharpe is

00:50:09--> 00:50:15

will be given consideration. And there are certain products, certain commodities that were

00:50:17--> 00:51:00

that would need more than three days to figure them out to figure out whether they work for you or not. And they would also say, but what why is it then that the hanahan buddies and Maliki's will not allow you to make the option indefinitely, they are still restricting you, they are still not accepting any condition. So we can come back the ham bellies who said it could be indefinite, they can come back and say to the rest of the ham bodies and the medic is, why are you guys making it? What Why does it have to be a certain period? Why can't you just allow them based on this hadith a Muslim woman wrote to him Muslims abide by their conditions. And that is how we could basically

00:51:00--> 00:51:05

argue for Ll Bean's current policy, why can't you say that, you know that,

00:51:06--> 00:51:08

you know, the the they want,

00:51:09--> 00:51:43

they would say that this would basically be in conflict with the purpose of the contract, the purpose of the contract is strange, like, there has to be some binding, binding ness to the contract, the state contract that, you know, in some way, shape or form, but an indefinite option to cancel at any time would basically be in conflict with the purpose of the contract, which is the transfer of ownership, transfer of ownership and would involve a lot of which is undue risk taking, and will lead to disputation.

00:51:44--> 00:51:46

Because there is no say that

00:51:48--> 00:51:54

there is no product that just needs indefinite time to determine whether you want it or not.

00:51:55--> 00:52:01

Okay, so that's what they talked about when they talked about the fear of short or the option of

00:52:05--> 00:52:40

having said that, it is quite obvious that there is basically no textual proof that would, that even when there are textual proofs, even when there are no souls, there is still room for disagreement because of the interpretation, because of the interpretation. And that would tell you that, you know, his lambs involvement in public policy and the crafting of laws, when we are when we're talking about this man's involvement in public policy in Muslim majority countries, because we're not trying to enforce it on, you know,

00:52:41--> 00:52:44

people here, anywhere,

00:52:46--> 00:52:51

you know, where Muslims are a minority, but when we're talking about Muslim majority countries,

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

we're talking about, there is so much room for flexibility, because you see applauded for it, you see, the statements of the quality vary all the way from indefinite and some baddies to three days. So, here, wherever there is no decisive catalyst, both parties dilemma decisive and its transmission decisive in its implication report from the Prophet sallallahu sallam, legislators will have plenty of room plenty of flexibility to choose what is suitable for the people and different times and places and to factor in the customs and the norms of the people. That is why you don't have like, that is why even during the era, when the people in the West, the western Muslim territories were

00:53:50--> 00:53:57

medikidz, they did not force the Hanafi madhhab on them, that was their medication medical parties that were

00:53:58--> 00:54:08

administering law in their territories. Because yes, you have to understand that people are different in different places and different

00:54:09--> 00:54:55

sets of laws would suit different people based on customs and norms and based on time and place. So, there will be plenty of flexibility, it will not be rigid, there will be plenty of flexibility, what we are trying to say is that whenever there is clear cut consensus, we have to respect clear cut consensus in a manner that is not changeable because of the change of circumstances or the change of realities and circumstances. Because in this case, then we will have to understand the interpretation of the consensus and whether the interpretation of the consensus had also circumstantial element to it. But when there is clear cut, fix, consensus, clear cut, fix,

00:54:55--> 00:54:59

unchangeable consensus, then that that is something that we

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

I have to honor as Muslims and we have to respect

00:55:04--> 00:55:06

we have to watch for those red lines.

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


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


00:55:12--> 00:55:20

Then we should give you some time, you know, like a break, right? Let's Let's have a seven minute break and then come back and so forth. Whatever stuff