Fiqh of Transactions #5 – Usury and Interest Continued
Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Transactions
File Size: 21.78MB
Episode Transcript ©
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Do you agree implement
Bismillah Alhamdulillah wa salatu salam O Allah subhanaw taala. Now,
very quickly, everybody remembers last class, because you will have to, otherwise you'll be lost. Okay. So when we talked in the last class and I and I wanted to use this class, basically to clarify things that are ambiguous and provide like a framework for us to understand this chapter. And to go over the rest of the points that the amount of no Kodama addressed in the chapter of usury, that's a lot to do.
I want you to think of Riba as two different types. When it comes to loans, it is straightforward. When you give someone a loan loan is a non benevolent transaction, it's called dock with a borrower.
The borrower means donation up the means contracts, its contract to the you know that there's none, that is sorry, it is benevolent. It's a benevolent contract. It's non for profit, transaction benevolent contract octoberat. When you give someone a loan, you only expect to take the same thing back from them.
The exact same thing or the you know, the value of that thing back from them, without any increase without any increase, any increase
could low carbon jarana found for whatever ever any loan that brings about material wherever the benefit to the creditor, the loner is a form of labor.
That is a that is a legal Maxim, Maxim guide. Okay.
Are we done with rubber loans? Is it easy? That's it that is, that is that is most of the labor that we that we're that we will be dealing with. But there are certain points that we will address here that that are more, you know, practical when it comes to the payment of that loan. Now, if, as we said before, if you the borrower gave the creditor, the you know, or the loner, if you give them
a little bit more as your sort of token of appreciation or something gratitude, that is fine as long as he did not agree on it from before or it was not implied. It was not an unwritten sort of type of agreement.
Now, when it comes to the labor of sales, labor of sales, labor of sales is complicated. Because there is three different types there is Liberty at the river of the hand, which is the river of exchange, the river and follow the river have increased and then there is the river of deferment. And all of this comes from the heaviness of our assignment and herbicide coudray where the prophet SAW Southern forbade he said, as the movies that have worked to benefit the Welcome aboard Robert Borden was shy to be shy.
While may have been made misread dimitrinka and Misawa Mr. And Miss Renzo and is a factor of heavier smart phobia okay for sheer time in Canada and beard semenza I was that Africa. So he said gold for gold, silver for silver with wheat, barley for barley dates for dates sold for So, for sold equal for like for like equal for equal. And if these different if these different types of the types are different, there are different kinds, the items of sale are different of different kinds, then sell well in whichever way you please, as long as it is hand to hand, hand hand and we will see what that means as long as there's hand to hand.
And whoever asks for increase or gives a more, gives more asks for more has committed an act of river or has engaged into whatever and we said that the line here is because the ayatullah the effective cause of these being used various items here is different from this. So and we said that it is among these six and anything that will be added to them by means of analogy and by means of PS and we will not go back and talk about how the Messiah have disagreed on the effective clause here and effective clause here and added basically more items to this list based on the effective cause that they proposed.
We will not go back and do this. But this is you know it is a we went over this already but it's important to refresh our minds. So, goal different goal has to be equal for equal equal for equal
and what else hand to hand plus hand to hand
gold the first silver
and the same applies to wheat for wheat. Right wheat wheat has to be equal for equal and hand to hand gold for sale
or weeds for sold or barley for dates has to be worked hand in hand
doesn't have to be equal for equal no well I don't need to teach yes
what about gold for sold
gold for salt What do you think?
yeah nothing and what what about
sold for laptops?
Nothing because that's outside completely outside very bulky items completely. But then what about laptops for cars? Both are outside nothing you know as the deferment increase whatever you want
What about cars for cars?
Last time I you know, I told you that I'm blanking out on the which which opinion is stronger the honeyberries side the you know, the stronger position in the Hanbury metal though the stronger is stronger to whoever claims that is stronger because the other people within the motherboard say that this is stronger we'll say that it's subjective to something. So the Hanbury side of the shaft is here the monarchies are in the middle. If if
they usually talk about goats goats for gold so let's say gold for gold because it's it's easier and then we will come to cars, gold for gold, gold for gold. That the hanafy say no.
Say gold for gold.
Cannot be with increase in deferment cannot be with increasing deferment.
No one good now for two goods later hanafy is no and that is one position the Hanbury method. They also say no, no one good for now. No one one good now for two goats later.
The Shafi say yes, that's fine, no problem and then the say that Sahaba or did this all the time,
and so on.
And somebody also said that the Prophet sallallahu Sallam
had assigned me to take care of the EBITDA sadaqa the camels of the Saba and then they had a particular expedition that they were going out to and they did not have enough camels and they were taking they were taking one camel for two camels later.
So there is this disagreement on the rational argument is on the side of the HANA fees and the disposition this Hanbury position because one goat for two goats you know one goat now for two goats next month that does not
that does not feed right okay
well doesn't feel right either
one goat now for two goats the next year.
Yeah, the reason why the metal the sapphires are saying that this is right, they're saying that this is these are different things this is not like gold, this is a sale these items are not meant as currencies they are not meant to be currencies. The this is say it and as long as you agree and you want the one goat now, three goats later for to go and three goats later. the shofar is well. I mean, if you want to go Shafi, that's absolutely fine. If you if you find
no if you don't have goats, so no but
it's not only it's not only goats, but if we have if we have two laptops, if we have laptops, same exact features
Same exact features same cars same exact features same color, because different color is different some people may desire a different car same exact features the mannequins will come into the picture and side with the HANA fees here
if it is the same exact features they tell you two goats may have you know one goat for two goats is okay if this one goes a little bit different you know this is a like a meat goat and this is a milk goat This is this that if the if they have different men have different uses different benefits there in this case, the medic is will sideways the shaft is and the honeyberries if the exact same features exact same benefits and they then the Americans will side with the Hara fees, okay. So this is non injurious items for non injurious items. If they are exactly identical, then we can say that the majority prevents that. Can we? Yes, because it's Maliki's then Hana fees. And one Hanbury one
of the two positions we can save the majority prevents, you know, to use non usurious non injurious items being traded you know for with increase and deferment
if their features are the exact same Okay, that's Scully
then the safe said,
by almost all mean Makita and Elmo zone in between z LMS. randomness. It is unlawful to sell any foodstuff whether measured, or weight or weight
measured by volume or wait for another of its kind except like for like, for another of its client except like for like.
He says by almost all men McKean, it is unlawful to serve any foodstuff whether it's as measured by volume or weight, because that is the eila that the shave chooses here, which is not the main Hanbury position. The main Hanbury position is in the what
anything that is measured by volume or weight, whether it is matter or not, whether it is foodstuff or not.
Like the canopies, it is not about foodstuff.
So, the honeyberries the main the the popular position in the Hanbury method is what remember measured by volume or weight whether or not it is food
volume or weight, whether or not it is food and that is the hanafy position as well
And the Hanged Man is cited in the sort of the the lesser position and the Hanbury mazahub
is like the Shafi position they say what foodstuff
looser position on the hand barinas herb that the Sikh chooses here and many contemporary scholars chose that position is not like any other method, they say what food plus weight
or volume. So, it has to have both it has to be food that is measured by weight or volume.
What is the what is not applicable here?
What would not be applicable to this? pomegranates watermelons they used to say the service by count eggs they use the service by count. So it is food but it is not measured by weight or volume. What is outside here cotton, you know higher iron.
Whatever else that is not food, you know, but measured by weight or volume. Okay, it will still be out.
Here, watermelons will not be out. Because it's food. You know, here, coffin will not be out. Because it's miserable by weight or volume. Okay, according to the heart of the shape in this in here in London chooses this position it has to be both food measured by weight and volume. In this case, we can imagine that then they use various items will be less or more applying this position, much less, you know because you're adding more exclusive criteria. Okay, so then the sheikh said what I do is obey all my key landmines Erica begins he wasn't an Amazonian Qaeda. It is also unlawful to sell any of those items which are usually measured by voice
room for another of its like by weight, or an item usually measured by weight for another of its like by volume. Why? Because dates for dates for instance, these are measured by what
volume or weight they use, they used to we'd measure everything by weight now, they used to measure dates by volume. So, yeah, so I mean, so, what is
what is mud mud is the failure of the two hands, failure of two hands is mud. Sir is four modes, the so the fate of two hands multiplied four times, the PSA is about 0.51 to zero, the mode is about 0.51 to 0.71 liter, liter is a measure of weight or volume, volume like Gavin like liter, okay. So, if we say that it is if let us say the 0.75 liter, then what is this law if the mode is 0.75 liters, what is this?
three liters? Okay.
What is three liters depends? What is three liters in weight? Depends. three liters in weight could be 2.5 kilograms.
three liters in weight could be 2.2 kilograms. three liters in weight could be three kilograms, right?
Isn't water like this? Water is? Yeah. So, three three liters of water will be three kilograms. Okay. So,
in this case, he's telling you to be accurate because you lose accuracy. Dates are measured by volume. And the Prophet wanted equality. When you trade dates for dates, the quality of what volume or weight? The quality of what volume? If you sell them two kilograms of dates for two kilograms of dates? Does that establish equality of volume? No, it doesn't.
two kilograms of dates for two kilograms of dates is that equality of volume? No, it's equality of weight. That dates some dates could be heavier than others,
some dates could be heavier than others. So, like you bring two different types of dates in two equal containers to equal containers. He put in there he failed the two equal containers with two different types of dates and weigh the dates in the two containers you will get two different weights
Therefore, you know, and in order for here for nausea and a lot of weight or the custom that is that is basically
the custom that is to be considered in weights are the weights of Mecca, in volume, the volume the the measures of volume of Medina and anything else? Whatever is closest to the way of the Hijazi is the Hijazi, you know, the people of ages, whether they used to measure it by weight or measured by volume, keep in mind that you may find all of this stuff a little bit redundant and irrelevant to what you do every day. That is fine. We're learning as it is. And then yes, there will be a need for us to basically address the new the new changes in our world, in the last 200 years the word change like I always say this more than it did in the last 200,000 years.
So, this is basically that is addressing agricultural society, its effectiveness aggression in agricultural society. Now we have moved to the industrial society. And then now we are in the digital sort of era is different. So but you will have to understand the simple prototypes to build on them. You don't stop there. You build on them. But in order for you to build on something, you don't have to understand the simple prototypes. And that is what we're trying to figure out here. Simple prototypes.
Then the chief said wait, didn't send just a buyer who gave a share. He hadn't been when I'm using a set fee what at the federal cabinet on the left, so many Bill musalman if they are different kinds than it is permissible to sell as desired, hand to hand, but postponement is not permissible nor is separating physical
Before taking position except in the case of exchanging a price currency with a priced commodity,
okay, he's telling you what, when things are different here like this
then it has to be hand to hand but not equal for equal.
And when things are within the same group, it has to be hand to hand but not necessarily equal for equal. But what if we say that dinela here the effective cause here is that they are measured by weight as the Hanafi zand Hanbury say they say golden for gold silver, for silver the problem that makes them usually as items is that they are measured by weight measuring the by weight,
what if we say that this is valuable?
Can we then sell gold for iron? Gold for iron?
Does it have to be hand to hand?
Why the the share of the same idea or not?
What is the end of iron being injurious
because it's measured by weight.
Okay, go What is dinela of gold to be Nigeria's according to this hanafy and have a body position, which is not the stronger position because the medic and Shafi position here that they are crisis prices currencies for other things is the stronger position. But what let us say that we are taking the Hanafi and henneberry position that they are miserable by weight. Gold is a serious item because it's measured by weight. piron is a serious item because body weight.
But they made an exception for golden silver, because they didn't recognize even though the items for the for golden silver beanie serious items, even though the idea is that they are measured by weight, they they recognize that gold and silver in particular are currencies, in addition to being measured by
their currencies. And if we say if we say that we cannot trade them except the hand to hand trade other items that are usually us because they are measured by weight with gold and silver except the hand then it will be a problem. Because now we will we went for a bid all by adding different payment transactions between gold and silver and all other items by weight. And we will forbid all day I sell them which is advanced payment transaction. Because what what is the transaction commodity and price, you defer the price This is called different payment transaction, you defer the commodity and take the price first and defer the commodity. It's called seven transaction advanced
payment transaction. If we say that they have to be hand to hand, all of that is gone. And that is a problem. So they recognize that gold and silver in particular and then you would add to them what cash.
Then the sheikh said, well, could you say any Jama Houma is one house for whom it in some way had eleniak Unum in a slightly more macduffie Faina for adresi engineers were in it difficult as metal Hackett did pretty well. adhan, any two things joined by a special name are of the same kind unless they are of different origins. That is because substances of various origins are treated as separate kinds, even if they have similar names, such as various kinds of flowers and oils. So whatever two things have the same name, they are of the same genus, they are of the same genus, meaning what you dates for this, we said has to be hand to hand equal to equal, don't come and say to me, this is new
dates, and this is whatever. What else arduous dates.
New dates are different from hardware dates, if they're called dates, they're the same thing. They have to be hand to hand equal for equal and fair and equal for equal. Because they are the we call them both states, it doesn't matter that they are different kind. If they if they are the same genus, it does not matter if they are different. They have sort of a different classification under the genus. And every genus is a species in relation to the genus above it. And every species is a genus in relation to the species below it, but that's a different discussion. But if they are, if they share the same name, dates and dates, they have to be hand to hand and equal to, you can say,
you want to say this is too restrictive. This is too restrictive. You know, because gay dates vary in price so much, why are you making that restriction
the prophet and you know, one of the wisdoms here is what?
to standardize prices in the market. One of the wisdoms here is to limit what? bartering the limit bartering when you eliminate bartering. What do you what do you do stabilize prices? Because now the person who wants to sell dates and get dates will not be able to do this. He has expensive dates, he's not going to get equal for equally well, it doesn't make any sense for him. So what is he going to do? He will save the dates, get dollars and take the dollars and buy dates. When you force everybody to go through this. You made? What standardized prices dollars, currency becomes the standard against which everything is measured. ie the economy does need that there is there are many
wisdoms behind these rules. Okay, so, but then then, if you say flour, flour, it depends on the origin. Because flour could be barley flour, or wheat flour. The fact that they're both called the flour does not mean that you would have to trade them equal for equal
because this is barley flour, and this is wheat flour, they're both called flour, but they have different origins. And if they have different origins, each one of them belongs to a different genus right. So, as long as their texture is similar, because you know they were grown to a similar texture, then you will you will be able to trade them with a difference in
But it has to be what happened to him and to him Okay.
Then the shift said, Well, I do so by
what I do bear by your aura been brought up means that the first day it's rough remains moist. When I do bear what else been heavier doesn't mean Gen Z, what I found is even mature b e one and E it is forbidden to sell fresh items of these four dried ones of the same kind. Similarly, one should not sell a pure for a pure substance or a raw for a cooked foodstuff. Because the idea here is that equality is a condition of validity. equality is of conditional validity and if you cannot ascertain equality, then it is invalid and it is forbidden. You have to ascertain what equality if you have fresh dates and dry dates, fresh and dry, the Prophet sallallahu Sallam asked them he asked them
would that dry fresh dates lose when Lou Lou gets
smaller and volume when they dry out? They said yes he said no. He said no he certainly knew that they get but he wanted to alert them to the end of the prohibition that you cannot ascertain equality
except in one particular case which he which will come now. So
and then if you cook it you know if you cook it also you cannot ascertain equality.
Nana bees also known as Nana visa samanya, Musa Bella was through temporary temporary firouzja naclo orifice of eBay rip Medina from city I was shocked and to brb heartsie Hi guru haha orotava
the Prophet sallallahu Sallam forbid moves, meaning to exchange dates for dates still hanging on palm trees. However, we gave he gave a concession concerning Gada transactions if less than five hours
in the ROI transactions dry dates are exchanged for the estimated equivalent of ripe dates, which will be eaten fresh. Now, you you know and that is part of the mercy of snap you know this concession these sort of us you know, they're beautiful they tell you that Allah subhanaw taala does not want hardship. You read the lobby committee restaurant at the Brooklyn office for allowance eat for you and there's not one hardship
The daraya. So daraya transactions are only applicable to 5000 which will be less than 300 liters. If you have dates here. And if you have palm trees here, you could estimate what is on the palm trees.
And trade the dates that you have for that the equal has estimated, not measured, but as estimated that is on the palm trees and you could make this exchange.
The seller of the dates on the palm trees will make use of the dates. The buyer of the fresh dates on the palm trees needs to need fresh dates. And here, he will make use of the dry days, the profit centers that allow them to do this despite the fact that this would not be otherwise permissible if it is less than about 300 liters of critical