Fiqh of Transactions #6 – Selling of Primary & Secondary Commodities

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Hatem al-Haj

Channel: Hatem al-Haj

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And prior to that we had a chapter on sales

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you know forbidden sales and everything that relates to sales

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and today we will have the chapter of Vail sold was Mr. buyer selling or soon sold means what ask the means principle ask the means default ask the means foundation ask the means make the main the primary. So, so here is the mean means

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plural of us, primary commodities, the primary commodities or the principal commodities. And then semar means what in Arabic Samara means fruit, some are plural of Samara, fruits, but it doesn't only mean some are, you know, that is why it is difficult to translate it. Because when they talk about CMR, we talk about the things that are associated with or attached to the primary commodities. So, I'll give you examples of also what on CMR, you have the land

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you have the tree

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and you have the apple,

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the Apple is Samara.

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Clearly fruit, you know, and then the tree is the primary commodity, if you sell a tree, you could sell a tree without selling the land, by the way in Islam and or like a palm tree or so. But anyway, you could sell the land, the tree and the Samara and the fruit, or you could sell the tree and the Samara or you could save the land and with a tree

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Okay, if you sell the land and tree, the three here would be the secondary commodity

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or the sort of that

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thing that is attached to the primary commodity because the primary commodity the main, the subject matter of the contract is the land or in the tree, the land, and then the tree would be a secondary commodity. But if he saved the tree, the tree will be the primary commodity and the apples will be the secondary commodity. If you sell a land, the building on the land, let's say there is a barn on the land, the barn on the land is the secondary commodity and the land itself is the primary commodity. But if you sell a building the windows would be the stairway.

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stairway

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fence, no, but but but yes, that is why they talk about this. Because let us say there is like a couch here. couch. You saw that this building. Someone came through the building, they inspected it. The Council was there. They bought the building. Can you then move the couch?

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Okay, then we don't need to go over the chapter.

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Yeah, yes, you can move the couch. Can you move the stairway, the windows? Okay, that's it. That's the chapter.

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But it's a big part of it.

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So in general, things that are attached, affixed to the primary commodity, go with the primary commodity, such as the stairway and the windows and so on. Things that are not attached. They

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they go to the seller, not the buyer, the seller can take their stuff before

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the finalization of the state. So anyway, so that's that's what they're talking about here. So it's not just about fruits, it is about primary and secondary. But those secondary

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items are commodities are attached to or associated with the primary commodity. And

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we will come to this when we talk about your tougher, tougher philosophy,

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which means secondary commodities are treated with more leniency or a secondary contracts are treated with more leniency than primary ones.

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See if you're not an academic

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Rahim Allah tala said in this chapter but beldo sort of Mr. Chapter on selling main commodities are sold and fruits, things associated with them. Early on in Ibiza, Solomon Carmen bountiful and bada and to Abba Sameera America, corporate america

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started Mattel. It was reported that the preference on asylum said if someone sells date palms after pollination, their fruit will be for the seller, unless the buyer stipulates the contrary, stipulates otherwise. So, if I sell palm trees, after pollination, you know that is when the dates are closer to be

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ready for picking. So after pollination, if I sell my palm tree, and the dates are on the palm trees, then those dates are mine, not the buyers, those dates are mine, not the buyers, because I am just setting the boundaries keep it keep in mind, if the if the buyer wants the dates that we can agree on this could be a different price could agree on this and he can have the dates

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but the default and that is what the religion usually

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or that is what the three are usually addresses. The three are usually particularly in the area of transactions, the Sharia is usually addressing defaults when otherwise not stipulated by the contractors. Because this relieves a lot of flexibility for the contractors, the two parties contract to stipulate what they want in the contract. Unless and we will come back and talk about this unless it is in conflict with the Masuda shot or the intent of the legislator or the purpose of dock

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or the purpose of the contract the purpose of this transaction itself the purpose of the transaction itself.

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So then, whatever you sell date pawns and the after pollination, the dates will be will go to the seller, not to the buyer will go to the seller, not to the buyer, according to this hadith. So the four emails accepted this hadith and accepted the authority of this hadith and acted upon it. So after pollination before emails will give the seller not the buyer that dates on the palm trees. What about before pollination? Before pollination? The three

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Matic and safie and I've met before pollination, they'll say, well, since the prophets are seldom said he would go to the seller after pollination, it means that it goes to the buyer before pollination, because it is the buyer then who will take care of them for the rest of the

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period, you know, and then it should go to the buyer. Mm hmm. hanifa said it still goes to the seller. So you say the Monica but the prophet SAW Selim said after pollination, it goes to the buyer, he will tell you, but he did. After pollination, it goes to the seller, he will tell you, but he did not say before pollination, it will go to the buyer, he will tell them it's the human mohalla for the diversion, the implication, he'll tell you that divergent implication

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is not a legitimate way of the duction of rulings. Because the Sharia needs to be played and manifest and everything needs to be stipulated not understood by the diversion complication. He would accept only the conversion implication, not the diversion implication. Anyway, so that's his way of looking at this thing. But he will certainly acceptable for mohalla and court proceedings in the speech of people, but he says that the Sharia needs to be more manifested than this. Therefore we will not. So if the prophets of Salaam says For instance, like here,

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if someone sells date palms after pollination, their fruit will be for the seller, unless the buyer stipulates the contrary. The three other amounts said if you change after with before, you have to reverse it, because after would mean one thing, and then before if the profit, you know, stated that this would be the ruling after

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pollination, that he must mean that the reverse of this ruling applies before pollination, but there is no one sort of Sunni disagreement that results and many disagreements and furusawa are solely means, you know, sort of the sort of the the legal theory, the recipe by what she makes up. So, if you have this agreement in the recipe itself, the final product or outcome will differ. And this is one of the disagreements in recipe

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that exists between the scholars.

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Okay, so, but this point is clear and the does not need more elaboration. Then the sheikh said Waka vatika,

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by your shutter is acana senaru body and the same holds true when selling trees if they are obviously bearing fruit. So when the summer is bad, either hobbyist fruits on the trees, then

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then the seller will get those fruits, he took care of them all the way until they became almost ready for picking then he gets them, not the buyer, the seller gets them not the buyer.

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When the sheikh said for inbound arriba, where he has our own la llamada melamine started to knock down some of these things are not very relevant to you because you guys are not farmers, but this is when we learn in fact, we're learning everything, we're not just learning things that are relevant, you know to us.

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So,

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here if if land is sold with a crop that is harvested only once the crop goes to the seller, unless the buyer stipulates its inclusion in the sale, unless the buyer stipulates stipulates, stipulates, means yesterday, to make a condition to stipulate a condition clause in the contract. And we

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we can talk about this a little later, but I wanted to so if there is if there is like

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corn here, corn, you know

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this is corn, you'd have to imagine that this is corn

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and then so it's like the crop is already here. And I sell this land this crop is mine because it is already out there you know

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now corn is to be harvested once right? So I get the corn here as a seller I get this corn What if this and the CX said here we're in Canada, you just moderate and

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steady, we'll just hit auto and they'll be even better if the crop is harvest more than once the routes are for the buyer and the harvest apparent at the time of the transaction is for the seller, let us say instead of corn, watermelons.

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watermelons have roots here and you have to imagine this is watermelon. These are the roots of the watermelons. watermelons are not picked once you leave the roots and more watermelons come out. spearmint is like this. Clover is like this. There are certain things that are not only harvested or picked once, but you leave the roots and then you sort of pick them you know, several times. Okay, so when it comes to these plants and fruits, the roots go to go to the buyer. Oh, I'm gonna buy the land and then you keep on coming in. No, but that that first harvest goes to the seller.

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The first harvest it does that odor, the first harvest will go to the seller, but the roots will go to the buyer

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then they're always the same for what it may have started with Matera it goes to the buyer. It goes to the seller unless the buyer stipulates its inclusion in this a stipulation to stipulate to route in the contracts and that is you will not find any method that is more flexible.

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And basically you know, you know I'm not someone who

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I don't have any need for any method even my own. But but but

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But here it is true, you know, it is sort of recognized that the humble humans have is the most flexible method when it comes to acceptance of conditions, acceptance in all forms of contracts, not only in sales, not only in financial transactions, but even in marriage, you know, so it is the most flexible, the Maliki will come right after the honeyberry. In this regard, the Hanafi sapphires are less accepting of conditions because they feel that the conditions would basically compromise the sovereignty of the legislation, when you have like, like a lot of room to make conditions and stipulate different conditions that will compromise sovereignty, the authority, the space that

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belongs to the legislator the legislation.

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But the embeddings allow for this the embeddings allow for this unless that condition violates the intent of the legislator that is confirmed, Maqsood a shout out that is confirmed, or that purpose of the contract itself. So

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then they will not accept it. So if someone you know, if like a woman stipulates a condition in her marriage to not be touched, you know, you know, like, yes, I'm agreeing demand and the marriage, but there is no marital relationship, you know, my condition is to not be touched. Is this a valid condition? The honeyberries, will everybody will say it's not a valid condition, it The combat is will accept the contract, but they will basically say that that condition is an invalid condition, because it's in conflict with the purpose of the contract, the purpose of the contract, why are we getting married, so

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and things of that nature, you know, that will be in conflict with the purpose of the so if I sell you, my home, but I stipulate a condition in in it, that I'll be able to pass it on to my kids. Well, wait a second, you know, the purpose of the contract is transfer of ownership, or I make it a condition that you will not have possession of the home that you will not get it, I'm just going to sell it to you and stay here, can I sell it to you? So certainly, we're talking about the agenda with saying that's a different story. But if we're talking about never giving you the right to possess that building, well what is the contract, what is the contract about anyway, so, certainly

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these conditions when compromise the purpose of the contract, there are not valid conditions and things of that nature, where did this idea come from of conditions and the respect of conditions. So, the combat is a Lost Planet, Allah says, Yeah, let the nominal formula record all your belief or failure covenants, that also and everybody will say the same thing. But

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they will also say that it is important for a moment of Now which one of the most important ahaadeeth in that chapter in the chapters of financial transactions, one of the most important hobbies

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the Prophet sallallahu Sallam said as Sahaja is on bainer muslimeen

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Hill sort of hung

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harana Holla Holla Holla

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which means all settlements are permissible among the Muslim in all settlements are permissible among different parties, Muslim parties, except for a settlement that will make haram that which is halal or make halaal that which is haram. Here is a Latif Mohammed is like an intricate point.

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Now, how berries are very flexible in this route.

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And particularly, you know, what

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was even most flexible within the ham bellies, when it comes to the contracts when it comes through this route and flexibility of designing crafting your own contract between the two parties, as long as the so the embeddings will say, how about halen

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let us take marriage because it's these are easier examples for you to sort of conceptualize

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the homebodies will say, if she makes a condition stipulates the condition he will not marry a second wife

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He will not marry a second wife. The Hanafi is Maliki's and shafa is will say she's making hella haram but which is harder.

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It is hard for him to marry a second wife. She's making a pound for him invalid, excellent.

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Doesn't work.

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The honeyberries will say you know she is not she is only to carry that MOBA restricting that which is permissible, not making haram that which is halat. Let us say, we sit down together and say, you know,

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we'll make a settlement. And part of the settlement is that we agree that my son and your daughter will be haram for each other, sort of Mahara, unmanageable,

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we'll never get married, can we do this? will this take effect? Will they ever be able to marry Yes, because in this case, my agreement with you our settlement, our agreement, does not make her on that which is holiday. So it does not make you know, his daughter,

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marriageable, to the other guy's daughter, it doesn't work, you know, and that is where the family is limited to examples of this nature. But they can barely say that when it comes to the area of permissible MOBA, then we can go two ways, make that permissible binding, and that would be fine. Or make or restricted that which is permissible, and that would also be fine. In this case, I am not making haram that which is halal. I'm just telling you, as long as we are married, you can get married to another woman. Oh, if you want to get married to another woman, then I am entitled to first amendment of this marriage because you violated the condition. That's it. So and then you

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could go ahead and get married too. So I'm not making all the women haraam for you. Hi, I'm just making it restricted that permissibility restricted as long as we are getting married. Once if you insist you know and you want to get married, just then our marriage is terminated. And you can go ahead and get married to any woman there is still not free, except your mind and for sure.

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Is that clear? Okay, so then, you know there's the rest of the hadith of Ramadan now, which is an important part of this is that the Prophet sallallahu Sallam said, what a Muslim Mona en de Soto to him or Allah pseudo to him.

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So Muslims meet What does it mean and the Allah Soroti Muslims abide by their conditions in law sharpen the same applies here and sharpen

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huruma LLN how Halla

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Harmon so it's the same thing. It's it's settlements and conditions conditions, you know, different clauses in the contract or conditions in the contract that we agree on. If we are the two parties, we are hit, right we can make whatever whatever contract we want to make, the contract should not be in conflict with Maxwell the shadow the intent of the legislator, you know, it should not basically confused by for HR and cannot confuse the sale for rent. Because these are different things that have different sort of consequences, legal consequences

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and the respect to those things.

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And then it should also not violate the purpose of the contract itself. Because if it compromises the purpose of the contract, it will be invalid, whether or not it invalidates the contract itself. That's a different story. And scholars disagree all the time over what invalidates the contract and what does not invalidate the contract

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when the chick said

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so why are we Why did we mention this here? Because we said that the default is designated by the Sharia. If you buy the land, after the crops are out, when the crops are out badly and you know are out then the crops will go to the seller by default, unless the buyer stipulates otherwise in the contract, unless the buyer demands in the contract that the crops will go to them. Then the crops will go to them.

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Then the sheikh said

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And then how to sort of lazily send them on bail as Tamara Hata abdulah saleha The Prophet sallallahu Sallam prohibited setting fruits or fruit until its maturity becomes apparent.

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until its maturity becomes apparent.

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Whenever our bass summer about the Buddha with Allah, Allah Turkey, Iran deserves jazz.

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If it is permissible to sell the fruit still on the tree after it shows signs of ripeness, on condition that be left on the tree until the appropriate time of picking up today. So here, narrow sort of lens on 7am and by a Samara hottie Abdullah Saleh the Prophet forbade setting the fruits until the they're basically you're right.

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Or signs of ripeness appear on them. And at the end, he will mention what those signs of ripeness are. There is an exception here.

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This is where this was reported by Eduardo Muslim from the webinar the prohibition to sell the fruits before they are ripe. Because there there is an element of add on here you don't know whether they would ripen or not you know, if you buy the fruits before they ripen, there is a lot of risk here involved and you're not going to be the one taking care of this of these fruits or this these crops therefore, that is a risky transaction that you should not be involved in.

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Is that clear? So the apples there are not anywhere close to ripening. You can sell those apples on the tree until they are the show signs of ripeness which he will discuss later for the different crops, what are the signs of ripeness that are they are now ready to be sold? Okay. Why is this prohibition? Because one of the biggest issues in Islam in in in financial transactions, we have to we have the three very big ones would be what usually that is Riba.

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And we have Lara that is undue risk taking excessive risk taking a gamble is sort of like a form of gambling and transactions a lot.

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And we have Robin

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which is an equity in equity. Here, the prohibition is because of

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because when the fruits are not ripe, you don't know whether they're ripen or not and you will not be in control, the seller is still in control, the center is still the one taking care of the fruits or the crops until you are able to pick them or harvest

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not permissible, when would it be permissible, it would be permissible satisfying two conditions that that you will pick them before they ripen and that they have a use without ripening.

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Like the say that you will use the apples as fodder for animals. And this is a common customary use is not something made up. They they pick them before they ripen and they use them as fodder for animals or they use them for whatever reasons. You're picking the apples to use them to take them to the laboratory for some stuff, you know, whatever it is,

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then in this case, if they have a use before they arrive in and you will pick them right away, then then that sale would be permissible. So you can sell the fruits before they ripen if they have a use before ripening, and you will pick them right away.

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Yes,

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I think so. But I'm not certain Yeah, I think this is the format that I have but I'm not sorry.

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Well, yeah.

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And then he said

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okay.

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Lot of lot of farmers, they grow their

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their goods. They know they have special customers that don't they

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Usually they come and buy from them. But if there is no goods, no exchange,

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will that be so good. So if I know you are a farmer, always I buy from you.

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So you know, you're counting on me to buy from you.

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But if I don't buy from you, then what happens then?

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Okay, let's say I did this year, I did not buy from you,

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we have a contract upon the delivery of goods, I give you the money, you could make it after the sudden, but but you could make it a deferred payment,

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or an advance payment contract on this item. If this is something that you can make settlement that is sellable.

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There are certain things that you know, are quantifiable, and their quality is guaranteed. So if we agree that you will give me two tons of this type of wheat By this time, then that is called Dr. salad, I can give you the payment now. But then after the session, I would have a condition that I will have to give you the payment in advance. Because I cannot make a contract with two different commodities or two different ends of the contract. You know, so I can't make a contract now. And the further payment and defer the position of the commodity it has, one thing has to be there, they have a disagreement over this nowadays, because everything is this, like, but but this this has been the

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sort of the agreement of the scholars, it's called the buyout candidate candidate, it is the prohibition of setting the further for the firm, there has to be there are two different types of contracts, when it comes to deferment, there is the advance payment. And then there is the deferred payment, I want to buy this refrigerator, but I don't have money, I will buy it, and then I will pay you later this deferred payment.

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advance payment which is seldom is high want to tons of wheat, by this date, I go to someone and ask them, you know, I will pay you now. I'll pay you now because if I do it now, I will probably get it cheaper, there will be a benefit for him for me. And probably when we talk about selling later, probably one of the benefits of salom is basically a form of financing, because many farmers don't have the money to grow crops or to do this thing. So it's a form of financing. So, I will give you the money now and then get the two tonnes of wheat but it has to be quantifiable measurable and the data has to be designated and fixed fixed fixed.

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But they say to them, you know, I would make a contract now that hire by you by the year two tonnes of wheat for $200 that I will give you when I received the wheat that is not acceptable because both ends of the contract are deferred and this is called by Kelly Kelly and it is prohibited in the form of variable and according to the vast majority.

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One thing we did not mention here we said that you don't sell the fruits on the trees unless the fruits ripen except in certain conditions where you will pick them off the trees prior to ripening and there is a use for them. What if you're buying the trees? Can you buy the trees with the fruits on them?

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Before the truth the fruits ripen? Can you do that? Are you buying the land with the trees? And there are fruits that are not ripe yet? Can you buy everything altogether? Yes.

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Huh?

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Yes, this is like buying gushy camel with a fetus inside. It is not permissible to buy the fetus inside her womb alone. But it is what it is a secondary contract.

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Here, the fetus now is not the primary contract. The fetus is the primary contract. There is so much what Gara Honduras taking excessive risk taking to buy the fetus inside the camels, the sheep camels womb, but if you are buying the she camel and she is pregnant, and you're paying a little bit more, keep in mind you are paying a little bit more because she is pregnant. then in this case, that is pretty

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missable, it is good. The same applies here, you're setting the trees and then there are unripe fruits on the trees, unripe

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but you are setting the trees not just the fruits. If the fruits are unripe, you cannot sell the unripe fruits except in the conditions that I mentioned. But if you are setting the trees or setting the line then the trees then in this case it would be fine. Why is this because we have a legal Maxim or occur either for Kalia that says what you're tougher have a tab for us

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says you tougher.

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tougher means what forgiven things will be forgiven fit back concerning at Jabra which is the secondary contract.

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Man

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yo Topher

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fill us

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hospital is worth GABA is the secondary contract acid is the primary contract. So more leniency will be shown to secondary contracts or clauses in the contract than in primary contracts. We apply this overplay all over the place. Nowadays, the stock market itself is based on this otherwise stock market all of it will not be permissible for us. Because when you when you buy and sell on the stock market, you're buying a share in a company, you're buying a share in a company, you're paying cash. The company owns cash, so you're buying cash for cash here. But the cash here is not intended. The the cash here is not intended so the cash is Dabba is secondary to the share that you're buying in

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the company. If you're buying, you know a share in Ford,

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you're buying one part of Ford

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one of 2 million parts of for what is for four days a company that has sort of whatever

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patterns that has factories that has cars that has offices that has

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cash, okay,

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cash

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and cash, you're buying this for cash, can you buy cash for cash? You can do this.

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If you have to buy cash for cash then what what rules will apply that we mentioned last time equal for equal and hand to hand equal for equal and hand in hand

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and then it cannot be mixed with other things can't be mixed with other things. Because the Prophet sallallahu Sallam when someone bought a necklace that has gold bought it for gold he said no, you can't do this you have to separate them have to separate the gold from the other beads. Because you will have to establish equality here

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that's the idea of their mama Dodger. You know you can buy their ham, you can buy their ham, and you know

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madatha which will be this year to the end of two hands of dates, hardware dates, okay. For other

00:38:47--> 00:38:48

he can do that.

00:38:49--> 00:38:53

But anyway, you understand why because we have to establish equality.

00:38:54--> 00:39:35

And so here we are about where mine This is patterns, factories, cars, offices, gas, etc. for gas. Why is this Hillel because we say you're tougher, tougher for us leniency will be shown concerning secondary clauses or secondary commodities. When you buy a share in Apple or in Ford, you're not really intending to buy the the cash surplus they have. That is not really the primary contract. That is not really the primary contract. That is like when you buy bread bread

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

for sold.

00:39:40--> 00:39:42

bread for sold the bread has sold right.

00:39:44--> 00:39:59

So if this is this, this will be a problem here because it's salt. First of all, they said it's okay. Because no one is intending to buy the salt in the bread. That is not intended. Therefore it is secondary. It's not intended

00:40:00--> 00:40:11

Anyway, but this is a major principle if you remember this legal Maxim remember also the Hudis vomit of now social media has been a misdemeanor assault on haram Holla Holla Holla Holla

00:40:13--> 00:40:17

Holla Holla Holla Holla Holla Holla Holla Holla can you've gotten

00:40:19--> 00:40:20

very good portions of this

00:40:22--> 00:40:23

class?

00:40:24--> 00:40:25

Then there's except

00:40:26--> 00:40:28

for in asaba, j huttunen.

00:40:30--> 00:40:32

rajabi. Hello Barracuda, super nice. Also lambda

00:40:34--> 00:40:43

Semarang, not Tamron semoran fasab, Pooja Farah, hello Dhaka and Takata men who say in the matter who don't matter

00:40:45--> 00:41:10

if the fruits are ruined or damaged due to a natural disaster, the loss is absorbed by the seller, based on what the prophet sallallahu Sallam said, if you were to send fruits to someone, and these were stricken with calamity, it is not permissible for you to get anything from him or her. How could you take your brothers or sisters money without justification?

00:41:11--> 00:41:19

So if, like, let's say, let's say that we have now we bought the apples,

00:41:21--> 00:41:22

the apples were ripe.

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And we bought the apples and some effort or a natural disaster or calamity or something be found the trees and the fruits are the crops and everything now is gone. You know the apples are ruined, ruined, congruent, whatever happened to them. So who's who's responsible? Now? We, you know

00:41:50--> 00:41:56

who's liable? Whose loss is it? The seller, according to the handout isn't medic is

00:41:58--> 00:42:00

the buyer according to the Hanafi, Xin, Chevrolet's.

00:42:02--> 00:42:03

So

00:42:04--> 00:42:07

how are the Hanafi xantia is answering this hadith.

00:42:09--> 00:42:11

Now we have an ethical and philosophical Ha ha,

00:42:13--> 00:42:17

ha. If you buy from your brother,

00:42:18--> 00:42:35

or if you sell to your brother, fruits, and then the RB is affected by a calamity, a natural calamity, then it is not permissible for you to take any money from your brother. How could you take your brother's money I'm wearing into the unjustifiably he didn't deliver anything to them.

00:42:38--> 00:42:43

But I already bought it so that they were right.

00:42:44--> 00:42:53

And I keep in mind that I may not procrastinate picking them because there is room between getting ripe and picking

00:42:54--> 00:43:11

within that room. Some something befell the crops, not the crops, the fruits, because even the berries here would make the crops the responsibility of the buyer in all cases, according to the sort of the stronger position in the company mouth, although there is this agreement in the method.

00:43:13--> 00:43:17

But we're talking about fruits, we're not talking about crops. So we're talking about fruits.

00:43:19--> 00:43:23

So if if the flutes are ripe, and I bought them

00:43:26--> 00:43:40

and something happened to them, and they're all ruined, the Hanafi sapphires won't say that I was either sorry. It's also Muslim reported this hadith from Jabba. He reports with another country. How do you think I was either Audrey

00:43:41--> 00:44:33

It is about a man who lost who bought fruits, and they were all ruined cassava, they're all ruined the fruits. Then the prophets of Salaam orbited the Sahaba to donate to him because of the color of the party philomela warfare again, and then it was not enough. All of the donations and other Sahaba gift to him was not enough to basically pay off his debt. Then the Prophet said to his creditor what he said to his creditors, the people that he owed money to he said to them Whoa, zoom our debt to what a Silicon Valley take whatever you find, and you're entitled to anything beyond that. Other than that, that's basically the concept of bankruptcy right? Like the guy is you can 3d go after him

00:44:33--> 00:44:59

for a while you take what is there and you don't go after them for more okay. So who the marginalized segment the hairpiece interface say this how do you say the hoodie is talking about a man who bought fruits and then the fruits were ruined, and then the Prophet made him liable. But the total Sahaba gave him you know, sadaqa to pay off his debt and then he thought that

00:45:00--> 00:45:21

creditors, give or take whatever you find out, you're not entitled to anything beyond that. So the hobbies interface say that he's made the buyer liable. There is no mention here of making the seller liable. Okay? How does the matter how would the Maliki's and honeyberries answer the this they would say,

00:45:24--> 00:45:27

our hobbies is clear, then your hobbies

00:45:29--> 00:46:06

because they can tell them our thesis is more authentic because they're both reported by Muslim. So our hobbies is clearer than your hobbies, your hobbies is a what walk out line is a particular incident walk your tie in always is subject to different interpretations. We could argue that this man that you're talking about in the hobby decided what three boxes of foods and picked them and after he picked them, they got through in the in his store in storage places his barn or silo whatever.

00:46:08--> 00:46:16

They so we could we could always argue that it doesn't say that is the demand the fruits who are still on the trees. And

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

you know, aside from this, like we could figure out many arguments. Basically, just to say that the that your particular incident that you're talking about this particular man, however, our hobbies is basically a statement of the prophecies or judgments concerning a particular incident he says

00:46:44--> 00:46:48

now better than efika summer and fosatu j can

00:46:49--> 00:46:50

be met matter

00:46:52--> 00:47:41

if you were to sell so this is a hypothetical situation here. If you were to sell fruits to someone and those were stricken with calamity, it is not permissible for you to get anything from him or her How could you take your brother's money without justification? So nomadic isn't hon buddies will say no, our hobbies is stronger. It's clearer in you know the debate one, so the Hanafi sapphires will come back and say But wait a second, the prophets are silent for a beta us from setting those fruits on the trees until they ripen. Because once they have ripened now to better the responsibility of the buyer, as a seller, I got them all the way here until they ripen they are they look good. They

00:47:41--> 00:47:49

are right there in front of you. Now we purchase them. It's your liability is not mine, that

00:47:50--> 00:48:10

America is on hand Belize will say that this is restorative facet lot about this is Pass Pass law to borrow this is reasoning irrational argument that is in conflict with the clear hobbies that we are citing here, which is how these Jabara was reported by Muslim. But anyway, they continue to

00:48:11--> 00:48:27

sort of disagree over this. The final thing that the chief mentions here is about the signs of ripening of the fruits and the crops. And I understand that you guys are not farmers and but I said many times

00:48:29--> 00:48:33

this knowledge is blessed, whether it is relevant to your particular

00:48:35--> 00:48:36

sort of lifestyle or not.

00:48:38--> 00:48:40

Very natural way as far as

00:48:42--> 00:48:43

any adamawa

00:48:45--> 00:48:47

was, it is summer

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

and you have to do a fee in June where feeback Lu, the fruits of date palms are considered the mature when they become red or yellow grapes are deemed mature when they become to see yet another means comes with has like water liquid juicy.

00:49:06--> 00:49:18

Has for the various other fruits are considered they are considered mature when they become ripe and edible, when they become ripe and edible. So these are just the signs and

00:49:20--> 00:49:25

that the fruits are ripe and they are permissible to sell.

00:49:26--> 00:49:38

Did we miss anything today about the setting of primary and secondary commodities? I don't think so. Next time inshallah we will talk about the return policy.

00:49:39--> 00:49:57

It's called LCR, which has the option to cancel and save. And there are different types of options to cancel a sale as prs are measured as a result of a reliable lease crlf

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

different types of

00:50:00--> 00:50:03

option because of the fact option because of

00:50:06--> 00:50:08

these.

00:50:11--> 00:50:12

Anyway.

00:50:13--> 00:50:29

Yeah, false false, false marketing or Theismann option because option B could before the separation, physical separation clearer measureless and clear a short option that is stipulated as a condition in the contract,

00:50:30--> 00:50:45

which is basically what most of the return policies are about nowadays, stipulated in the contract that you have option for a certain period of time to cancel or return unless it's Ll beans

00:50:49--> 00:50:50

it's called Ll beans or what

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

yeah

00:50:55--> 00:50:55

it's a company

00:50:58--> 00:51:06

you could return the stuff for them and definitely, and lens and also I don't know if lenses that has this

00:51:08--> 00:51:27

there are the the US here, but this controversial in the form of life say that you cannot do this it cannot be indefinite has to be a time cannot be indefinite. But there are some scholars who said that it could be indefinite. Anyway, we'll talk about another beans and lens and next time probably other stuff

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

and stuff episode.