Fiqh of Transactions #8 – Cancellation Options in Transactions Continued

Hatem al-Haj


Channel: Hatem al-Haj


File Size: 44.48MB

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.

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

So we started about 10 minutes late so I will ask for your permission to go over the the allotted time by 10 minutes to get my 10 minutes back.

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

Now, we finished the two types of AR or VR models and prs. So we finished fiata tarawih which is the option for celebration now we will address the different types of AR that are called out on a pizza or options for efficiency.

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

The first one I've gotten a pizza would be a fair lie but sex ed here and Allah tala and what are the huduma when what are the huduma demostrado American Arima mufa hora do Archie lie

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

huduma Mr. Ivan American Arima who do how Zhu Li

00:00:59--> 00:01:15

anyone who discovers a defect and something purchased, which he or she was unaware of he has the right to return it or to take compensation for the defect he has the right to return it or to take compensation for the defect. So, if

00:01:16--> 00:01:34

and basically this is this is quite obvious, if you find that here the product that you bought was defective, you have the right to return it given two conditions, two conditions have to be satisfied here for you to return the product because of a defect one.

00:01:36--> 00:01:43

One is that you did not know the defect, the buyer did not know that defect.

00:01:44--> 00:01:49

Let me echo Halima who did not know when at the time of the purchase.

00:01:50--> 00:01:59

If you know if he knew about the defect of the time of the purchase, and he still purchased it, he can't return it because it's defective he knew it was defective.

00:02:00--> 00:02:22

The second here is that the seller did not clear himself have liability which is the as his sales It is called wr Bara in Arabic or beyond Bora Bora means what are our means, in essence, it means not liability.

00:02:23--> 00:02:26

It is the as is

00:02:28--> 00:02:28


00:02:30--> 00:02:48

if it if the buyer is so these two conditions have to be fulfilled. The buyer did not know about the defect. The seller did not clear himself of liability by saying this isn't as a sale. Just you have no option to cancel because of a defect.

00:02:49--> 00:03:09

Can the seller do this? Yes, if the seller is unaware of a defect, because if you are aware of a defect, then you should not sell a defective product to anyone. When you are aware of the fact that because of what which are these

00:03:10--> 00:03:13

fans aka Fabiana barakallahu.

00:03:14--> 00:03:25

In Santa Monica Baraka to bury him, they aren't even PRD Malaviya the product or the two traders have the option to cancel and lastly, physically separate and sakalava Yana Boudicca Rama,

00:03:26--> 00:03:39

if they act credibly, and transparently, their sale will be blessed when cosabella chaetomium Baraka to bury him, but if they lie and conceal, the that is conceived the effects

00:03:41--> 00:03:49

of a blessing in there said would be obliterated. So you cannot hide the fact that you know,

00:03:51--> 00:04:24

but if you don't know if it is the fact of you, like you have a car, you purchase the car, you don't know if there is any particular problem with this car, and you say to the buyer, I'm not responsible, you know, for anything that comes up, or that you discover, I don't know of a defect. I'm not responsible, if you say it as is that it is as it's enforceable, then the buyer cannot come back and say I found that defective. Hooray. So that is basically theory liable

00:04:25--> 00:04:46

for the car because of the fact that the buyer did not know at the time of the sale and or the seller, clearly himself of liability by making it enhances sale, if he did not know if a particular defect shipments. Makeba would be

00:04:47--> 00:04:59

how does the fee minima montross and Public Enemy beleid for Hola, hola, Raja de mon. Any revenue the commodity achieves

00:05:00--> 00:05:06

Any panda is basically when there was slavery and they sold people and you could actually

00:05:07--> 00:05:15

make profit. So your commodity at will, in one sense and making profit in another sense,

00:05:18--> 00:05:27

or any separate increment or growth in it's before the buyer becomes aware of the defect is the buyers

00:05:28--> 00:05:49

is the buyers, the profit is the buyers, because profit follows liability, the demand because profit follows liability. And this is another one. So he's saying that when you purchase the product, and now when you have it, you're the buyer, you have the product.

00:05:50--> 00:05:52

And then you discover the effect

00:05:53--> 00:06:55

and you return the product. But what if this product made profit, this commodity made profit? He used it, it made profit during that time that you have the commodity? What about that? profit? What about if you milk the goat for three days? And then you return that because it is defective? What about the milk that you got off of this goat forgot from this goat for three days. They said this goes to the buyer. Why? Because a karate but the man had this good died in his position, he would have been responsible for the gold. If he was responsible, liable for damage, loss, etc, then he is entitled to profit because of karate. But Batman is a hobbyist karate many times the chef uses the

00:06:55--> 00:06:56

very exact

00:06:57--> 00:07:17

statements of the prophets of Solomon the Magnum that's that's part of the beauty and the Baraka of this particular magnet on the because oftentimes, like he started the chapter by saying big but clearly motivated, which is an exact the exact statement of the Prophet ism. And then he added the Dalai Lama to be in accordance with his mother.

00:07:18--> 00:07:23

karate, but the man means karate is one prophet.

00:07:25--> 00:07:27

B by

00:07:29--> 00:07:52

the man liability. If you want to translate this, you would say courage follows and profit follows liability, or profit hinges on liability, profit hinges or mobility profit follows liability. This is a hobby that is reported by as hobby sonnen. And even imagine, necessity and so on and aftermath. And it is reported from Isaiah

00:07:56--> 00:08:14

reported from hija. So if it was, and this is this is a legal Maxim, this is a very important Hadees to Leah Maxim. One I remember this, because it applies in so many parts of the factor of transactions are affected by that.

00:08:15--> 00:08:33

Profit follows liability. If you were liable for loss, you are entitled to profit. If you were not the one liable for loss, you're not entitled to profit. If I as the buyer was liable for the loss of this gold, I am entitled to the milk

00:08:34--> 00:08:36

and so on is not clear.

00:08:38--> 00:08:49

The other thing that is interesting here is that I said that not only report Heidi's about family laws or to not only report the Hadith that pertain to women,

00:08:50--> 00:09:03

which we're not trying to say that there are no differentials between men and women because there are differentials between men and women, whether people like it or not. But I'm saying that we should not be limiting

00:09:05--> 00:09:06

men or women

00:09:08--> 00:09:40

because of the pre determined the sort of roles. Having if a woman is interested in astrophysics, could there be potentially differences in our makeup and I you know that that would make us more suitable in certain areas? Absolutely. That would make men more suitable in certain areas and women more suitable? Certainly, absolutely. But equality of opportunity should be offered to everyone. That's equality of opportunity. I know you're laughing,

00:09:41--> 00:09:52

but it is. equality of opportunity means that you live the field. And if a woman is interested in astrophysics, well let her try.

00:09:54--> 00:09:59

FC becomes like the most sort of accomplished astrophysics

00:10:00--> 00:10:02

That's good is

00:10:04--> 00:10:31

whether whether whether that is the fact that that the the not just the simple majority, but the absolute absolute majority of Nobel Prize winners in physics where men does not mean that a woman should not or should be prevented from studying physics. I mean, if she feels that she likes it, go ahead.

00:10:32--> 00:10:33

But the

00:10:35--> 00:10:41

you know, you do not have to basically force equality of outcome.

00:10:42--> 00:10:52

Because it does that would stifle people that are more accomplished. If you for it, that's more sort of like,

00:10:53--> 00:11:14

like a socialist type, sort of attitude that would stifle people that are more accomplished what you want to offer equality of opportunity, but you cannot enforce equality of outcome, you cannot enforce quotas, because that doesn't make sense and that it is detrimental to the society.

00:11:16--> 00:11:32

Just interesting that I actually is the one who reported this karateka demon sets a particularly intricate legal concept that does not pertain to whether you know, family or anything, it pertains to transactions.

00:11:36--> 00:11:41

Whenever he talks about those issues, you get to lose, because somebody will be upset.

00:11:42--> 00:11:50

But he said, one of the philosophers said, they said, called Kalamata ko MC, say what you have to say and just walk away.

00:11:53--> 00:11:56

Now, having said that,

00:11:58--> 00:12:17

the car fears were entirely fair to sell our article opt out of further ado, for our slide, if the commodity is damaged, or the slave is many emitted, or it becomes impossible to return the purchase, then the buyer can take compensation for the defect.

00:12:19--> 00:12:30

If the commodity is damaged, or the slave is committed, or it becomes impossible to return the purchase, then the buyer can take compensation for the defect.

00:12:33--> 00:12:38

Meaning what meaning that you know I have this goat, I bought this goat from you.

00:12:40--> 00:12:41

And I bought it for $10.

00:12:43--> 00:12:46

And the goat died

00:12:48--> 00:12:52

in my position after about the good the good died in my position.

00:12:53--> 00:13:00

And then I brought the goat to the court. But it doesn't have to be the court by the way. Because otherwise you'll just overwhelm the courts.

00:13:01--> 00:13:12

The they used to have something called the makdessi barometer assume or saw have sued my test environment. So the word came around and Bessie dynasty

00:13:14--> 00:13:24

would be army to suit the suit, etc. It's someone who has like, sort of a a a or someone who has some

00:13:25--> 00:13:27


00:13:28--> 00:13:32

sort of had like authority or power

00:13:33--> 00:14:23

to implement rules and laws that have nothing to do with like Hadoop engineer, you know, you know, things that happen in the markets on a regular basis. They actually used to be at the market to enforce the laws, they are a hybrid between like a cup and a judge. They are like cops that have some greater authority to enforce the law without having to refer everything back to the courts. It's like a hybrid type thing that they use. Anyway. So that goes to you, but you take the go to the metastable something and you show them that the goat in fact did have a defect that you were unaware of, I don't know how you figure this out. This will be figured out after you die, but anyway,

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

you know,

00:14:27--> 00:14:32

you just get the concept anyway, because I'm not particularly familiar with boats.

00:14:34--> 00:14:56

And then you show that the boat had that effect and that effect would have made the price of the gold $7 and not the effect without that the effect is worth $3 so that you should have bought the goat for $7 which the value of the goat at the time you bought it was $7 now that goat died who's responsible for the gold

00:14:58--> 00:14:59

to buy because there's more

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

For the goat

00:15:03--> 00:15:14

about who's responsible for that effect that was there the time you bought the goal the seller, so, the seller would have to pay you back $3. Now, given what

00:15:16--> 00:15:21

given the seller did not cheat you, because if this say it was finalized,

00:15:23--> 00:15:54

you know, with cheating involved or you know, the there was like a scam, or then the seller would be responsible for the whole thing if the seller cheated you into the contract. But if the center did not cheat you and cheat you into the contract, and you bought the gold for $10 should have been seven and died, then you can go back and prove that there was a defect of the time of the purchase and you get on slide, which is basically the compensation for that defect.

00:15:55--> 00:16:26

Okay, now we're done with the ROI or the PR, or the option because of a defect. The next one is at least the option to cancel due to that lease. And the titles are from me, but the shift did not mention titles he just got into the discussion right away. We're gonna visa la Southern LA to Sadhguru and hibbeler. Well, Radha mathematic Tao, how about the Vatican for we'll be hiring a variety of other labor in the second half in socrata Hara.

00:16:27--> 00:16:34

And this is quite a Muslim Primavera for him, in Halima Casa de chapala hubiera.

00:16:36--> 00:16:46

So the sex of the Prophet Sal Sutherland said do not tie the others of cannons and sheep, wherever whoever buys one may choose what to do.

00:16:47--> 00:16:52

Even after milking it, anyone who wishes to

00:16:54--> 00:17:07

keep it may keep it further is there some type of here who wishes to keep it may keep it and anyone who wishes to return it may return it along with one set of dates,

00:17:08--> 00:17:24

then the amount of damage that's the statement of the purposes other than anyone who came to know about the being tied before milking it may return it without anything extra may return it without anything extra.

00:17:26--> 00:17:30

Okay, so under the title of that lease here.

00:17:32--> 00:17:44

That lease and we said that leases about scams that do not involve that do not involve sort of clear cut cheating that do not involve lie and get fleeced

00:17:45--> 00:18:32

depends on your definition of cheating. The other let me give you a contemporary examples of at least that, like if you play with a diameter of your car before you sell it, that is called dudleys. There is nothing inherently Haram in changing the odometer here, you know, but it is nice. If you make if you make if you stick tags or brand names to your product and you know you have a generic product, which is take the tag of a brand name to your product, that there is nothing inherently forbidden here. But that is called the lease. It's a scam. You know, that would entitle the buyer to cancellation that should entitle the buyer to cancellation.

00:18:33--> 00:18:59

And you should not be doing that because that because we'll go back to the Hades fan saga carvana Baraka Rafi very human when cassava cattlemen, Mohammed Baraka to bury him should be credible and transparent. Those scams violate that credibility and transparency and would give the option to the buyer to cancel the transaction.

00:19:01--> 00:19:09

So that leaves at the moment Kodama mentions and more money includes any active or passive had poor statement,

00:19:11--> 00:19:17

hacked or passive, that would do one of two things, concealment

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

of a defect,

00:19:22--> 00:19:24

or enhancement.

00:19:28--> 00:19:59

concealment of a defect or enhancement that is not genuine. It's not genuine. It's a fake enhancement of the product. So anything active or passive, that will lead to concealment or enhancement, that is, at least these are the scams that would entitle the buyer to the option of cancellation. And we mentioned playing with odometers taking name tag like tags of brand names.

00:20:00--> 00:20:14

Two generic products as contemporary examples, the example that the chief gave here was, was the example during their times, if you like, if you have like a goat, and let's say this is the owner of the goat,

00:20:17--> 00:20:18

you know, I can treat the drug.

00:20:21--> 00:20:31

But we imagined that this will be the other of the goat, and then you tie your tie here, your tie here, I make a knot here and not here,

00:20:32--> 00:20:48

then that other will fill up over a few days, the other one filler, and when you remove them, but you don't milk the goat, and you go to the market, and you sell that goal, anyone who walks by and sees the other foot like this,

00:20:49--> 00:21:07

they used to be called milk goats, you know, goats producing milk. So anyone who sees this will think that you know, every day, just get as much milk cows go, that's great. And then they'll buy it for a higher price that is there for method lease, the profits are set up said do not do that Lazzara

00:21:09--> 00:21:18

do not do that he forbade us from doing that. Don't tie the others of a bill camels and sheep

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

that applies to go to an area.

00:21:23--> 00:21:25

So then, you know,

00:21:27--> 00:21:29

when the Prophet sallallahu wasallam

00:21:32--> 00:21:57

said, whoever buys one, and finds out that it was the ladders were timed, then he has the option to keep it for return it with one PSA. One hand, we said once our would be about 0.51 to 0.75 liters,

00:21:58--> 00:21:59

because it's a measure of volume.

00:22:02--> 00:22:45

Once of what dates and the medic, he said, Could be a staple food staple. It doesn't have to be this. But then this this particular one is created the last disagreement and the the notion that the the Americans and Japanese companies are on one side all the time and the hierarchies are on one side is is not a true notion. There are so many places where you find the Sharpies and somebody is on one side of the canopies. And Malik is on one side, you find the Hanafi sand and valleys on one side and Americans and Sharpies on one side. But this particular one is a big one. And it caused a lot of disagreement. So it

00:22:46--> 00:22:51

you know, these examples would basically create the that notion or would

00:22:53--> 00:23:42

sort of promote that notion that the hierarchy is the School of adult right, so removed from the School of antibodies. And the Hanafi says the School of Allah right are so removed from the School of our bodies, which are the medicals and sapphires and honeyberries it is not true. It's really not true. If you go through the disagreements, it's not true. At the heart of it. Just during this hour talk during this chapter, didn't we find that the HANA fees and the medic he sided with each other? One time and didn't we find that the HANA fees and chef is sided with each other? One time when we talked about the option being the maximum for the option being three days?

00:23:43--> 00:24:17

Who said three days kind of interface, medically. Somebody said more than three days when we talked about what era medicine, physical separation, who said it is physical separation shafa is have some buddies who said it is not physical separation kind of isn't medical. So just what this one chapter proves that this division is not like what some people think. But this particular disagreement and Agra disagreements like it created that notion in

00:24:19--> 00:24:30

the thinking of some people, so the Americans and Chinese are combat is American Chavez and combat is the act upon this hubby's not even 100

00:24:32--> 00:24:59

do not tie the others and the accident on the part not not this part of the harpies will also agree that you should not do this the police but they acted upon this part of that if you find that they were tied, the others were tied you have the option. They give you the option to keep or to return with one PSA of dates. Okay. Now remember what honey is.

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

If I said you don't have the option, you don't have the option to return. And he said you don't have the option to return. Because this is not a defect. This is not a defect of gold instead of normal gold. None of the effect of gold so you don't have the option to return at a memorable user who is a student of amount of money for

00:25:26--> 00:25:52

a disciple of amount of money for a great emammal great was the head who's a disciple of email hanifa said like the more that you do have the option but he said he liked the gym or he said, but if you have to return it, he returned it with the value of the milk that you the value of the milk, not one of these, not one of these. Well,

00:25:53--> 00:26:11

this seems to be clear, to dramatically shift phase and combat is the Hadith is clear. The Hadith is reported by Bukhari and Muslim who were not around when they disagreed when the harpies and medic is disagreed because of because it was born in about 41 years, for the two years after the horrible honey for died.

00:26:12--> 00:26:44

But when we say is reported by Bukhari and Muslim, we're saying that the Hadees had been credible, like had been around because they did not make it up, you know, but had been a credible report. That would make it Bukhari and Muslim puts it and agree on putting it in their collections of Hades. But so this is a credible report, this is a credible report from the Prophet sallallahu sallam. So how did the herpes say why did the herpes say that

00:26:45--> 00:27:14

that we are not going to act upon it, we're not going to give them the option according to mobile hanifa or at least according to mobile usage, if we give them the option, they will return it with the value of milk, they said that they said that this hubbies is in conflict, they said that this is had for instable, this is a singular report. This is nothing without laughter and honestly also not much food

00:27:16--> 00:28:04

in there hanafy definition of the word moshood which is somewhere between between a hat and whatever, had similar reports reported by a number of people and every layer of the chain that is short of mortality data is what makes you think that it is impossible for them to agree on a lie, it is impossible for them to agree on fabrication, it is impossible for them to agree on one which is error you know, impossible that they all aired it possible that the old fabricated it etc that would be motivated Matura is somewhere between one hour and a half between singular reports that the Anopheles would give a special status to mature, but if it is a singular report, they said that we

00:28:04--> 00:28:17

will only accept it if it meets certain conditions we will only accept it and if it is in conflict with bs if it meets certain conditions okay.

00:28:22--> 00:29:17

They said that here it is in conflict with appears here it is in conflict with appears. Why is it in conflict to the vs because they say that, that in in compensation in settlements settlements, the compensation is determined on the basis of what and miss the order payment method means the light p ma means the value. So if you cannot return the mithila, which is the exact light you're returning back the EMA which is the value if I cannot return the same exact amount of milk I return what the value of that milk that I took that milk that I took. Now, how do the American Japanese companies come back and say no, it is not in conflict with designa I am like to talk about this in some

00:29:17--> 00:29:17


00:29:18--> 00:29:26

We could always say that in this particular in this particular instruction of the Prophet sallallahu sallam.

00:29:27--> 00:30:00

The Prophet wanted to standardize the compensation to avoid disputes because how much milk Did you get out would always be controversial. So the profits are certain wanted to end the disputes by standardizing the compensation once dates are one side of the food staple of the particular location. So in this case, the departure from the principle ongoing principle. The ongoing principle is that when you want to compensate someone for something you either come

00:30:00--> 00:30:04

Proceed by the lake, the myth will be compensated by the value of FEMA.

00:30:06--> 00:30:16

Yes, absolutely right. So, the canopies are right about this. So, this is the ongoing principle Why is there a departure here, they said the departure here is basically to

00:30:18--> 00:30:28

avoid a dispute that is hard to resolve, but, keep in mind that the HANA fees have given

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

certain conditions

00:30:33--> 00:30:36

for these to be accepted,

00:30:37--> 00:31:16

sort of the conflict between the PS and the hobbies and the Hanafi madhhab is not like people think that the honeybees will always give the US precedence over the hobbies, we had these is given precedence over PS in the Hanafi madhhab. We Cadiz has given precedence over PS in the Hanafi matter, can you imagine that, that is very important by the grade emails of the mother that they would take a week at least over appears Wait Is it a con when is when is it different, they'll say that in his hobbies, his hobbies had

00:31:18--> 00:31:23

and it is in conflict with beers, but a certain type of clears a certain type of beers.

00:31:25--> 00:32:02

They sometimes go to the Piazza also D the chaos that is sort of in the is based on principles or principles of principles, this is a principle This is not in conflict with ntps This is a principle we have a principle here that compensation should be by an mithuna or a demon compensation should be by the like or the value at least this had these to us hafeez would say is a complete departure from that principle. This principle we did not make it up. We have learned this principle for a multitude of ahaadeeth from the Prophet sallallahu sallam. So, we did not make

00:32:03--> 00:32:14

the stringent criteria the Hanafi is applied to singular reports to some extent have to do with the fact that there was a lot of fabrication in Kufa during the time remember honey,

00:32:15--> 00:32:26

at least from the from the perspective of Adam Hobbes was much more than there was the was in Medina during the same time when a medic lived,

00:32:27--> 00:32:32

because they lived around the same time he was about 12 years older than him and Malik

00:32:33--> 00:32:47

he was born in a year at after hedger event medic was born about 92 after So, so, they were contemporaries of each other, what may the mathematic trust is more is that Medina there was last line

00:32:50--> 00:32:56

they even used to say the horizon line in hell, which means that if the Hadees

00:32:58--> 00:33:09

goes outside of the the two heights surrounding the Medina and Papa Anika who means it will, it will have no bone marrow, like you know,

00:33:10--> 00:33:14

whatever that means, it means it will just be compromised.

00:33:16--> 00:33:32

But at least that is the Addison Medina there, you know, but doesn't mean that it is necessarily true, it is not true, you know, the Hadees if it is even as a good chain, whether it is in Yemen or or any place It's okay.

00:33:34--> 00:33:45

But, but they wanted to apply stringent criteria, because they did not want to base their on lies. So, they said that well first thing that we like

00:33:49--> 00:34:08

marala the narrative the Hadith did not disagree with his narration in his in other statements by him or in his actions or are we so, whatever data we have the narrative the Hadith, disagreed with his own narration, they will not take it

00:34:09--> 00:34:50

then they say it does not apply to matters of bandwidth, it does not apply to matters that are unavoidable. Like, if it is an unavoidable matter if it has if it is a matter that should have been very popular very well known to everybody. Why is it that only a few people report to the so the 100 thieves would say if it pertains to a moment by the way to unavoidable things that should be very like you know about the Hadith of the Prophet sallallahu Sallam everybody. So it Why is it or about something related to the will do something related to things that would be common that would be known to everybody.

00:34:52--> 00:34:59

The hobbyist had would accept it if it does not pertain to that category. It is not in conflict with

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


00:35:04--> 00:35:28

chaos, it is not in conflict with the chaos, which is that we are talking about it is not just the or any irregularity as the chaos that was established on proves from the ground and certainly the chaos that establish a particularly the pastoral city where there's, you know, an established principle and established principle. And then finally the said

00:35:31--> 00:35:33

they added one more condition

00:35:36--> 00:35:41

for a moment, but one profit appears, oh rawia confetti.

00:35:43--> 00:35:48

If the rally is not happy, then we will not take it. But are we happy? We'll take it

00:35:49--> 00:36:16

the wrong way is not a puppy in the narrative. Because why are they adding this condition because they say that there are who is not a puppy may make a miss lightest mistake in the phrasing of the hobbies, that would change the meaning because he's not a puppy. And you find this so often is really true in translation, you find that the translators who are not, you know, the translator needs to be what

00:36:17--> 00:36:33

unless you're you commit things to memory like the that photo memory. But if it is not photo memory, and you report to the mana, you report the meaning of the Hadees you're doing a form of translation here. It is within the same language, but it is a form of translation.

00:36:36--> 00:36:43

And then the translator, if you have like a translators translating it that but he's not a scholar of aqeedah it

00:36:45--> 00:36:54

you know what happens? And whereas translators translate in 15 minutes matters, who's not a scholar of appeals who find like,

00:36:55--> 00:37:20

like extremely frequent inaccuracies, because the language is not that simplistic. And there is, you know, there every discipline has its own lingo, the technical language is different from the spoken language. So they want to say, Ravi should be happy, it should not be in conflict with the principal,

00:37:22--> 00:37:46

or the chaos that is based on principles. It should not be pertaining to something that is sort of should have been very common, and known to everybody. So it should have been reported by a larger number of people, and that we should have not disagreed with his narration. I am not here, I'm not a referee, I'm not in a position at all to be a referee, I am somebody, for sure. So, this is not my position.

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

But I

00:37:51--> 00:38:24

am not in I don't have the capacity to be a referee between those events, just telling you what they said. But in this particular case, the reasoning that is provided also by the Americans and Japanese and honeyberries is very valid, that they said that, yes, we agree that this is the principle, but the departure that came in this hadith was the end of the dispute that would have arisen because of this agreement over the amount of milk that has been taken, or that has been

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

consumed by the buyer.

00:38:27--> 00:38:33

Anyway, that's one of the very popular disagreements.

00:38:41--> 00:38:51

Okay, then the chief said, well, Connecticut kulu Dennison, mirada de su llamada. do karate Raja Chara Giada who our Han

00:38:53--> 00:38:54

Dameron our Salah

00:38:55--> 00:39:12

Rb hallum study seminar the every active that leaves the buyer did not know of, they have the right to return the commodity for instance putting ruggiano bandmates face or coloring her hair black or curling it This used to be the size of beauty

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

similar to this is holding back water and then suddenly letting it flow to turn hand mail while exhibiting it to the buyer scams scams. false advertisement scams playing with other amateur putting, you know,

00:39:32--> 00:39:39

tags of brand names on generic products. These are the things that would apply to us.

00:39:40--> 00:39:51

Okay makaveli color was perfect, maybe near the end to be happy so many economia did Happy kasana often palabra de El Capitan Havana debita in large, what factors a

00:39:53--> 00:39:58

tire Muslim wit when we have one

00:40:00--> 00:40:15

This applies also when one finds out that a good quality has been falsely attributed to the sole object to raise its price such as attributing the ability to write or aircraft to enslave or or fast

00:40:17--> 00:40:27

and stable movement to a riding animal or claiming that the leopard is a hunter or the bird is a singer and so on. Whenever, you know that is the

00:40:28--> 00:40:31

certainly factor has to relate to the

00:40:32--> 00:40:44

reality the exists in reality, while our kabara will be salmon, Okay, what about I will disseminate via facade a Ronnie busia will have the

00:40:45--> 00:40:55

camera but before we talk about the option to cancel due to this disagreement over the price, let us go over the option to cancel because of inequity or because of a covenant if he had an

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

option to cancel because of inequity or because of

00:41:09--> 00:41:10


00:41:14--> 00:41:19

Now you you you come in, like, you know, one one time.

00:41:23--> 00:41:29

One time, it was right on top to that story particularly is not

00:41:30--> 00:41:31


00:41:35--> 00:41:39

We can sometimes happen it could be like astronomical.

00:41:40--> 00:41:47

And we've got to got to be better as an actor.

00:41:51--> 00:42:01

But at any rate, if he if the product is equal to 50 cents or the products value is 50 cents, and you sell it for $6.

00:42:04--> 00:42:19

One way one may say that whether whether it's contracts are based on mutual agreement, right? You got for 50 cents, but you don't know how much it costs me to get or how much effort or whatever.

00:42:20--> 00:42:49

This is a perishable product, I take a lot of risk. And then this is the margin that makes sense to me. If you accept it, you accept it. You don't accept it whenever you can say that, right? And that's actually what the majority said. So the Hanafi is Maliki's interface. And here you see the division is different canopies. Maliki's and sapphires. They said, We don't care. I mean,

00:42:51--> 00:42:59

it's a matter of mutual agreement. We don't care it's a matter of mutual agreement. If you guys agree. That's fine.

00:43:02--> 00:43:56

The patent hunt buddies said no, we don't care. Except if this is an Eve. Okay. But before I say this, we're talking about overcharging without any wrongdoing. Because in equity, that is that is related to wrongdoing the proper size I'm said that you will have the option to cancel. There are certain inequities that the Prophet forbade clearly there are certain apparent inequities such as what elected rock band for instance, interception of goods, interception of goods has sort of exploiting the naivety of out of towners, if they come from out of town and you're in the intercept of the caravan and you exploit the naivety or provocation provocation. Next provocation, where you

00:43:56--> 00:44:05

have someone whether you hire them or they just came to help, who would inflate the price so that

00:44:06--> 00:44:52

like particularly in Masada auctions, would inflate the price so that I keep on going up and up. If that is involved, then I will have the option to cancel has a buyer then I'll have the option to cancel. Somebody said if that is not involved, if there is no wrongdoing involved, when I have the option to cancel, they will agree with the majority that they will not have the option to cancel unless what I am a person I am naive. If I am naive, then they will give me the option to cancel. Well, how do you determine that people are naive, it used to be people lived in villages. People knew about each other. They lived in villages, small villages. But how did you determine this

00:44:52--> 00:45:00

nowadays it's hard. So can we have our own it's the other we will always have room and there will always be positions within them.

00:45:00--> 00:45:34

I have to have our own as the house, because there is a position like a weaker position in the Hanafi madhhab, which is also a position in the Maliki men have another position. The medic is also have a position that agrees with the homebodies that the status said that anyone will be given the option to cancel. But there is a position in the Hanafi madhhab, which is also another position in the Maliki method that gives us that option to cancel to all people. All people will have the option to cancel if there was an equity if he were overcharged. How do you determine that someone was overcharged?

00:45:36--> 00:46:01

How do you determine that someone was overcharged, you either say that there has to be either fix the hand on batteries and the medic who agreed with them that that people will be given the option. If they were overcharged, they said that some of them said one third, like the the profit margin should be one third. So if you buy a product before,

00:46:04--> 00:46:17

if you charge me one third, more than the price of the product, if you if you if you the markup is more than one third of the price of the product. That is

00:46:18--> 00:47:00

because you should give yourself a profit of one third of the price of the product. Now scratched to this because this is not that the stronger position within the method to another method was the hunting buddies and Maliki's they said, they agree that the stronger position is that it is variable depends on the product that depends on the market, that depends on variable things. But if it were, if it were determined that you actually overcharged me, by comparing the price that you charged with everybody else's the prices in the market, then in this case, they will give you the option to cancel. So it is based on the norms, it is not a particular percentage, it is not a particular

00:47:00--> 00:47:03

percentage. Now, having said that,

00:47:04--> 00:47:06

can we can

00:47:07--> 00:47:41

can, the legislature's and Muslim majority countries choose a position that was not the dominant position that was not the prevalent position was not the majority position is not even the authorized position at any moment, can they choose the hand and the position within the Hanafi madhhab. And or animatic emails have that gives the option to cancel for everybody, because we live in times, they're different, you can't really figure out who's naive and who's not. And we're not going to have like an IQ test for everybody who comes to court dispute.

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

Or ticket already even goes through the method and the market. So it's

00:47:49--> 00:48:01

an even if you administer your IQ test, that IQ test is not like waterproof, it does not mean that you're not Stan said it could be very smart, but you're not particularly smart in markets or in you know,

00:48:03--> 00:48:03


00:48:05--> 00:48:05


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

So Can they do this? Yes, they can do this, the they certainly can do this. And that's also part of the flexibility that we must realize our family heritage is pretty vast. And that would give us a lot of room for flexibility, whether they be then making a year which is fixation of prices that the prophet SAW Southern forbade No, they're basically requiring that you be reasonable and that you respect has a seller, the the market

00:48:44--> 00:48:45

the market

00:48:49--> 00:49:35

value of the merchandise here as the years back and you do not have user exploit naive people. So they that is not the same as it is when the forest like numbers on the market and that's what the prophet forbade to do on the Sahaba came to him and told them about the Jewish merchant who came in and he was selling things a little bit more expensive, and they wanted the province of Southern to fix the prices he refused. And he said that they would not be liable for this. You know, before our last one I thought on the day of judgment to fix prices, but the enforce the you know some respect of the market value, may be there may be room to do that. But it is not to say that is not fixation

00:49:35--> 00:49:36

of phrases. Okay.

00:49:39--> 00:49:42

Then the six Eduardo Escobar, who will be someone in my beer

00:49:44--> 00:49:48

that are Li Raja la busia they have the hammer repeat in kenema baja in

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

LA and I've seen

00:49:53--> 00:49:56

your mystery been around the house

00:50:01--> 00:50:42

So, the option to cancel due to disagreement over the price. Now, the sixth the sixth option that we mentioned, which is an option to cancel because of a dispute, this dispute could be concerning the price could be concerned the commodity could be concerned the conditions could be concerning many things are the certain descriptions in any of the above. Then if you He said if the seller raises the price of the sole object, the buyer can get back the extra payment in excess of the price and its percentage of the profit. If it was more if it is proven that the seller has mistakenly under charged for the commodity the seller gives the buyer the choice of either returning the item or

00:50:42--> 00:50:57

given the additional amount. Now, this applies to what this disagreement over the price that applies a certain type of sale It is called the buyer murabaha which is cost plus sale or sale with profit by Adam morava.

00:51:01--> 00:51:11

Profit and what are behind would mean would mean mutual profiting mutual property. So, it is it is called the sale was profit

00:51:14--> 00:51:15

markup Same

00:51:19--> 00:51:21

for cost plus

00:51:23--> 00:51:32

cost plus sales. It means what it means that we agree there is more than murabaha hand this way.

00:51:35--> 00:52:07

There are different types, but but this particular type is we agree on a markup. We agree that I buy this product from you if you don't honestly tell me how much you bought it for. And then we agree that I will give you a certain percentage. We apply this a lot in countering contemporary financing. Because in contemporary financing is the bank go buy this product for me and I will give you 10% more or 20% more

00:52:08--> 00:52:48

than the price you buy it for. So you buy the house for me for $100 and I would purchase it from you for 120 so that is by Armada, and it is in in this financing Lillehammer vishuddha for the one who orders the purchase. But the concept of Bama is an old concept. It didn't apply it like this. It was basically hi want to buy a product from you. But I want you to tell me how much you bought it for. So that I would say that we basically agree on the profit margin here together. And if you agree to telling me honestly how much you bought it for,

00:52:49--> 00:53:11

then you should you should not lie to me. So let us say that it is you told me that it was $10 $10 but and then I and then we'll all we agreed that I would give you 1% 10% 10% profit and the product was for $70 How much do I buy it for 77

00:53:12--> 00:53:55

right? That which is the price that he bought it for plus 10% profit 10% of 7077. Now we then we've we discovered that you actually bought it for 60 then I'm entitled to what he was what is the whatever the check is saying here. I'm entitled to 11 the difference between the 70 and the 60. And also the difference in the profit that I gave you because you know I gave you $7 profit because I thought it was $70 but now that it is $60 I should have given you $6 profit. So I should it should have been 66 that's basically a check to see

00:53:58--> 00:53:59

what in bannan

00:54:01--> 00:54:02


00:54:03--> 00:54:52

Can I borrow the minister finish this because this is really long chapter when better and no matter what I did oh god for our car Bye. V m sec. If the buyer finds out that the commodity was originally bought for a deferred payment and he or she was not told that then the buyer has the choice of either returning or keeping it the buyer has the choice of either returning and keeping it because if we agree that hey we'll give you 10% over the price you paid for this commodity. I will give you 10% over the price you paid for this commodity and you tell me I bought it for $70 and then we find out that it was a different payment. You bought the duck seat you bothered by item, you know in a in

00:54:52--> 00:54:59

a zone. So when you buy things, who have four different payment do you pay a little bit more

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

Here's a little bit more. So if you did not tell me that you bought it,

00:55:05--> 00:55:27

the price could have been 55. But you paid 70 because you defer the payment. And then you told me that you bought it for 70. But you did not tell me that you bought it for a different payment. Also, if you bought it from your father, or if you bought it from your son, someone whose testimony will not be acceptable for you in the court of law,

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

then I have the ability to dispute that, you should have told me why. Because in this case, you may have paid them more, because you want it to be kind to them. Because you just want them to be confident. So you want to let me know of the circumstances of the purchase. And they were not the ordinary circumstances of purchase. This was the first payment or you bought it from someone that you may want it to be basically be gracious towards or something like this. So you have to them

00:56:02--> 00:56:03

when the sheikh said when

00:56:04--> 00:56:11

the cutter is summoned to Halifax, when he could live at a minimum and first Kayla and Jada, be Macalester hebbal.

00:56:12--> 00:56:23

So he says here, and this is the last one here, we're talking, we're still talking about this view that is based on options based on dispute or the left or

00:56:24--> 00:57:03

the last one. He said, if they later differ regarding the agreed upon price, then each should take an oath, and each has the right to another transaction or accept the account of the other party or accept the account of the other party. say this was a different payment. And after we finished the sale, you took the commodity you went home, you came back and you said the you know I'm asking you to pay me you know the price and you said that we agreed on 60 and I'm the seller I'm saying no we agreed on 80 or 100

00:57:04--> 00:57:15

whose word will take precedence here the buyer or the seller? There are two different conditions here. We have the first condition is what the product the commodity

00:57:19--> 00:57:20

is present.

00:57:24--> 00:57:25

or absent?

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

present or absent.

00:57:29--> 00:57:34

Now you took the standard you took the commodity you ate it

00:57:35--> 00:57:36

that's it

00:57:43--> 00:57:54

it is present it is a piece of furniture for instance that's still there. Okay. So present perhaps the prophets of Allah seldom said his telephone bayaan

00:58:00--> 00:58:04

wallbanger all by now. him whenever you enter into

00:58:05--> 00:58:06

a unit

00:58:08--> 00:58:11

lahoma while by obeying

00:58:14--> 00:58:14


00:58:16--> 00:58:17

for power we'll do

00:58:19--> 00:58:20

some power todo

00:58:27--> 00:58:29

el Yara

00:58:32--> 00:58:33


00:58:35--> 00:59:01

When and behind is the two traders when they disagreed, whenever you enter and there is no Banana, banana is what proof lahoma for any one of them, they don't hire if there is no work done, they can approve them done, but they have no way in no proof, what value and the object of the same dynamic map between them is present.

00:59:02--> 00:59:05

In the statement, Cao Lu is the statement

00:59:07--> 00:59:28

of the setter. So, the statement of the seller will take precedence how or yet or then me means they are return to each other like what are the two ends of the So, the anomalous they canceled the unknown the sale everybody gets the thing and here in the in the in this case

00:59:30--> 00:59:45

we are accepting public. Why? Because the default at one point this was his commodity. We agree that this was at one point his commodity then we should take the statement of his

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

or because the commodity is present. We can the baguettes back is is commodity. The commodity is present in the hand. In this case we don't have to disagree over how much

01:00:00--> 01:00:12

I hold you, I just get back my commodity, whether it was $60 or $80, the price, it doesn't matter, because I'm not going to pay you anymore, I'm just gonna do this, the seller will get back as commodity. And that's it, we're done. That ends the dispute.

01:00:13--> 01:00:16

But what if it is absent if it is absent?

01:00:21--> 01:00:29

If it is absent, so we go back to the default, the fact checker is basically going back, going back to the default

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

philosophy backup mechanism, again, is a 50. Maximum that is very important to us the backup mechanism, again, the default is that status quo is the default backup mechanism. Basically, whatever has existed at one point stays the same.

01:00:47--> 01:01:17

Which means that the default is the status quo. The default is the status quo. Now, if it is absent, then what do we do if it you know, the go to die and the go to die, then we do valuation. valuation, if they disagreed on the description of the gold, they say, in order for us to do valuation, they have to agree on the description of the goal. If they disagree on the description of the goal, then what do we do

01:01:18--> 01:01:56

we accept the statement of animal steady enough to bear the buyer not the seller, the buyer will, because the goat died in his liability, who was the dominant there, whoever is dominant gets a little bit of an advantage because now the this goat died, he was liable for it, he's the one who lost it, then we will accept his statement about it if they have no proofs. If they both have no proofs, then we will accept the statement of the buyer because he was liable half the time the goat died. The

01:01:57--> 01:02:44

idea here is that we look for a beginner we look for proof. And in this particular area or this particular space, we look also for Kareena which is corroborated, proof proof, softer proves we look for them to establish justice, the default if the disagree over conditions, the presence of Sharon The default is that they as without truth, whoever claims that there was a sort of or a condition needs to prove it. That is why if you don't document it, it was not done. Or if you don't have witnesses, it was not done. So, the default is the absence of truth, but in the if they disagree over the price, then we have two conditions the commodity is present, the commodity is not present,

01:02:44--> 01:03:32

the commodity is present, the statement of the seller will take precedence for the buyer just needs to give him back his commodity and we end the dispute and the commodity is absent, then we do the valuation expert evaluation of the product. But if they disagree over the description, the statement of the buyer takes precedence because he is the one who was liable for the loss of the product or liable for the product when it was in his position. Then we will take his statement over the statement of the buyer and I know that they you know 50 issues are not particularly chapters of this nature may not be the most interesting but I truly appreciate your attention. Everybody was very

01:03:32--> 01:03:36

attentive. As you know no one went to sleep on the

01:03:37--> 01:03:47

watch is really great. And those who took you know short naps, don't worry about it that does not count asleep.

01:03:48--> 01:03:48

Like more hands