Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Worship
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The Book of Zika
we have a lot to cover today, I'm not quite sure if we will be able to cover all of it or not. But we will try. So,
we will talk a little bit about the meaning of the cat. And then we will talk mainly today about the conditions of obligation when is the cat obligatory?
You want to pay attention to this because everything afterwards is built on the on today's talk, what is the caterpillar and what is not when do I need to pay the cat on whichever assets will or not
all of this will be discussed today. So today is very important, very consequential to everything we will discuss from here on.
So the Kitab was like the book of Zechariah. We said equals, you know, certain chapters, books or certain segments of the book, he calls them books, because they are it's one book, it's one book, The factors for Islamic law. It's the book on Islamic law, that's one book, but then he divides that one book into books because he he, you know, they, they figure that if we, we can't really call the chapter of the guy because it's not really just a chapter, it's much bigger than this. It's a segment of the book
that is much bigger than this he calls it Kitab as he will divide, sometimes it you know, books are further divided into chapters and sometimes they're not.
But anyway, most of the time books will be divided into chapters. So
and inshallah we will it will it may take us three months to finish kabza afterwards we'll start
afterwards inshallah, we will start for family and afterwards inshallah we will start the
judiciary witnesses, criminal laws,
or penal laws, and court procedures and all of that stuff and and Jihad
and all of those issues
what does that guy mean? Where does the words that come from, comes from three different meanings one is the man or the other, which means increase. So he has cruzada means that Zara grows the plants grew or the plants grow
so the cap is Zara and Emma O's
so it means growth
and it also means purification has volume
was a key him
gonna pick motto is a key. So the when Allah subhanaw taala described the mission of the Prophet sallallahu Sallam he said that he teaches us guitar but heck man, he was a key
polymath you know we are limited on like metal is a key him How was a key him sometimes aluminum
came sometimes comes first and then comes sometimes comes after teaching. So teaching is by teaching us about the book and the Wisdom which is the son of the prophet SAW Selim, or the way of the prophet SAW Selim and use a key means purifies them, purifies them, so they can hear means pure purification. And it means purification and elevation. It's not just the humans a cat does not only mean that you purify your soul, but it also means that you elevate your soul, you know, basically to realize all the virtues and to to realize all excellence that is out there to be realized.
So not only to purify it remove flaws and and ailments, but also to elevate and seek all the virtues and all the excellence out. So
the third meaning, the third meaning is,
is praise. That means praise.
When you exactly someone, when you give a clap this care, it's called references
Other reference letters called what to talk to ski, its recommendation letter reference letter, it's called the hip hop test gear. So, we are given this gear to someone. So, it so, it comes from praise as well. Therefore, there is really no word that you could find that would be like sort of, that will convey all of those meanings into one word in a different language, it will be extremely hard to convey all of those meanings, because keep in mind this is not made up, actually the word is a cat
did have all of those inferences just from the root of this word, the linguistic root of the word that did have all of those influences. So, increase purification, increase elevation, purification, hand praise, so, increase it because it increases the money of the poor hand It also increases the money of the donor and not only the recipient, because the donor would have his money blessed and that is true increase of the money that is not metaphorical, you know, that is true increase of the money,
woman supplement chain for oil.
So, whatever it is, that you spent the last minute Allah will make you up for so that the money will truly increase as the prophet SAW Salah also promised in Africa is reported in Muslim mad that no one will give charity except that will bring about increase to his money.
So increase is is a is one of the meanings of the cat it is
it is not only increase of the money of the poor, but the or the recipient, but it is also the money of the donor through blessings and through Allah subhanaw taala compensating us for this the cat by giving us more profit and then it is it is about purification because of purifies our heart purifies our money money is usually tainted particularly nowadays, whose money nowadays is completely pure.
So, money is usually tainted
and the cap purifies the money from the you know, the impurities. That way even if you work even if you are teaching Islamic Studies at the University of whatever or you
Josie inside the author said that there is nothing better for the scholar
than then then
then collecting money
there is nothing better than a scholar would ever do than collecting money.
Because if he collects money, he will be self sufficient and not need anyone. And then he gave examples. He said he gave examples of some people, you know, he mentioned the zody. And you know,
and how his relationship with Abdul Malik was because he needed
stipends from the Fed and so on. And you contrast this with people like Sophia NFlt
and Ahmed Mohammed,
people like Bella and
who else that he gave an example of people like Mohammed who did not need money period, and he said that most of the people are not like this, most of the people won't need money. So you will either get the money from the you know, the Salatin and so on like is already dead. Or you'll be like have the love nomadic or sight of the Messiah and in fact the bonobo as well.
Who were wealthy themselves and they are not in anybody's money. Even the Khalif has money
I'm not quite sure that the the parables are fair to somebody but but anyway that this is what happened and Josie
expressed inside the Carter what he's trying to do is even the money that comes to you by you know from beta man, you know, he is how can it get any pure then this isn't money coming to you for from beta man for teaching and teaching Islamic Studies he's saying that this is tainted because it would be a minute there will be a minute on you or a favor.
Are you by the dispenser of the money whoever dispenses this money to you with the Khalifa or the daddy or this or this? And this may may have an impact on you as a scholar. So he's to try and say, you know if he went wherever he can find money, you know, holiday money.
So piano 30 is the one who used to say level, I haven't done any
Hello, Amanda Robin and Moodle
had not been for these than a year for this money, the modok the Kings would have used this as hand, you know, like tissue paper,
So, so money is painted and money needs to be purified and there's a cap purifies your money. And there's a cap purifies your money. And also there's a cap your prize your heart from stinginess and miserliness, and that there's a cap purifies the heart of the recipient from hack then villain, you know, hate and envy, and all of those feedings. So just by by giving this a cat, you purified your money, you purify your heart from stinginess and miserliness and solokha, as well, and you purify the heart of the poor people that live in your neighborhood, from envy and hate.
Because you have shared your assets with them, and, and then they will be actually praying for you to have more. Right? Because the more you have, the more you give, and the more you the you know, more well off you are, the better off they'll be. So, that is where that is why it is purifying. And finally,
the concept of praise is there because he you know, he will be praised by the poor you will be praised by the society. And most importantly, you will deserve praise by law and the angels.
So here are three different meanings in his account, it is increase purification, and praise, the word the Sava, where does the word hasakah come from? First of all, the word solokha and the car they are synonymous in the Quran and the Sunnah, they're not any different. They are the same thing.
In the in the Quran, and the Sunnah, they're used interchangeably in the revelation. But we Muslims, you know, for simplicity, it's not like we did a bad thing, we just for simplicity and sorted things out.
We started to use South Africa for voluntary non compulsory non mandatory charity.
But in the Quran in the midst of a cultural problem a second anomaly and Alejandro
de luces is squarely about the cat squarely about the obligatory
charity not the not the non obligatory charity.
But we have for convenience and for simplicity we have used for the party or refer to non obligatory charity and we have used the cat to refer to obligatory charity. The word solokha comes from Seth concert means trueness or truthfulness. Because sadaqa is about Han is Southern Kabbalah and the Prophet sallallahu Sallam said that Sokka is a proof it's a proof of your truthfulness of your face. Because now do you really believe in a lie that you're after?
Everybody knows how dear our money is to us. And if you believe in a lie in the Hereafter, you sacrifice that which is near to you, for Allah subhanaw taala and for the reward in the Hereafter, the more you believe in Allah and the year after the more sacrificial, you become this money that is dear to you.
So that is the cat and that's the meaning of the captains of the ship.
No, Kodama Hinata, who died in the year 620. After Hitler said in his book on the
way he was able to adequately Muslim and or Malika nissar been milking
the capitalists to be paid by every Muslim, her free, free Muslim who has complete ownership of the sub nisab. Remember certain words, because we cannot be repeating them, or translating them, they're just good as the are in Arabic. nisab means there's a cap threshold, inside means there's a capital minimum, the minimum after which the money becomes a capital. If you have little money if you have less than five camels, if you have less than, you know, 20 dinars of gold would you know, to 85 grams of gold if you have less than 595 grams of silver if you have less than this less than that.
You're not rich enough to be required to pay the cat. You your money does not reach the nisab does not reach the cut off the limit the threshold. There's a capital minimum that is what nisab is.
This sentence, you can actually write a book on the sentence.
This one sentence by Kodama
Hello Muslim is Malik and in Sabah milkin term Zakat must be paid or obligatory on every free Muslim who has complete ownership of Nyssa. That's this you can write, like a 500 page book on this.
Who's required not to face a cat, we will, the conditions of obligation, some of the conditions of obligation pertain to the person who is being addressed Mohatta behalf, the person who is being made liable or being addressed by the obligation of zeca almohad.
And there are certain things that we will mention about the Mahatma, he mentioned the year that it is obligatory in every free Muslim, certainly someone who is not free will not be required to give his account because they don't own anything, even if they own their ownership is weak. And even if they own
they are not required to sort of extend kindness to others, because others are required to extend kindness to them and free them before they are, you know, not required to extend kindness other people through their money, certainly they're required to be kind to people, but not not through their money because of their weak ownership and because others are required to actually contribute to their emancipation. So that is why it's not obligatory on anyone who's not held him to the law that we're done with this
then with the one other condition that you mentioned here as being Muslim being Muslims, a cat is not obligatory on non Muslims certainly don't take the cat from them. Well, bandwidth talkative did not want to pay jizya did not want to pay the so called payroll taxes, two out of the five and I want to
call this a Kaffir them doubled up
and collected it from battletech, which were Christians are Christians.
And told them basically fine. He said, we only pays Okay, we only pay the cat. We will not pages here. So Amato did not make a big deal out of it. And he called this a cat. And that's fine, if that makes you comfortable that we're fine with us.
No, it's not any more expensive. It's the same amount that he collected from other people. He just called it a cap and instead of quoting the jizya
but that does not mean that the cap is obligatory on non Muslims.
The cat is obligatory on Muslims keep in mind here that usually he says Muslim Ballack, often, usually and within every chapter when he starts talking about the conditions of obligation shrewton job, He always talks about Muslim belegarth He always talks about being Muslim being sane and being adult.
Yeah, better. Better means post pubertal valid means postpubertal. puberty itself has a different meaning in Islam than it does in medicine or in the language. But anyway, for ease and simplicity, we'll call it postpubertal adults, adults in Islam are those who are past puberty.
But the definition of puberty is something else that we will discuss at some other time.
But here he did not mention the Vatican. Here he did not mentioned Vatican Aachen and why he did Why did he not mention Vatican to happen? Because in the Hungary method, and according to the majority, either not going to be valid often for his account to be obligatory on you.
And that's also the you know, that's also the position of the mannequins and Sharpies. A hafeez said, No, you actually need to be the cat will not be obligatory on children and will not be obligatory on insane individuals. Because they are not Mohatta being the easiest one. They're not being addressed by anything. The mannequin shafa is and can vary, say to set to the HANA fees.
We have two arguments against you one, the brothels lm said that 30 00 Pm one at a time or actigraphy Amalia thermadata Kudo has sadhaka will not occur, which means invest the money of the orphans, let not the Zika let the cannot devour it, or finish it or depleted that there's a cannot deplete it, which means that you know, unless you invested it if you leave it there, this account will depleted meaning as the guys buying them in the money of the poor of the orphans and the money. This was recorded by Ronnie and allows us from Anna's but it is very controversial.
hobbies is very controversial. Honesty is a good thing you know so we have to admit the hobbies is very controversial. So the Hanafi school always go back and keep in mind that honey for particularly it was conservative and his use of these not because he was against the sun, Rahim Allah tala hacer
he but because he just wanted to verify them because there were a lot you know made up a hobbyist during his time in Kufa and he wanted to be more sort of, like verifying in accepting of a hobbyist more reserved, conservative and accepting of these so that he does not get
sort of like fooled by the liars, fabricators of Hades around him in Kufa. The reason why I'm American Medina was more sort of open to reports, but singular reports and so on, is because in Medina, there was an abundance of Sahaba and the hava, the spread of fabrication was you know, fabrication was not that,
you know, prevalent in Medina as it was in Kufa. But again, at the same time, it does not mean that that magic is an add on hobbies did not act upon
weaker hobbies where you know, hanifa
was saved by his conservatism.
Sometimes his conservatism saved him from acting on weaker bodies.
But anyway, it was not about it was not about the authority of the surgeon or the authority of the prophet SAW salon this was not a matter of or subject of discussion or doubt or debate between any Sunni Muslim scholars.
So, remember, if you can say this is not
an authentic hadith, I'm not bound by it, I will go back to my what principles hargobind principles, the ongoing principles here
are against you. The ongoing principles is that
no one is addressed by commands or prohibitions or obligations until they reach majority adulthood, hand until they are sane to comprehend. And then the poor the kids, they actually need our help, they need the help of a society, they are not addressed by Marcel, they are not addressed by reaching out and sort of, like extending kindness to other people, kindness should be extended to them. They're a little and even if you invest the money for them, invest it and keep it for them.
And don't spend from it on others.
But then the American Japanese companies will come back and say to him, Oh, honey, but you said that crops, you said that the cat will be obligatory and craps even though even if those crops belonged to a
child, for someone who's not McKellar not liable and responsible in the Sharia. He said he would say yes, I did say this, because I
felt that the Qur'an made this right.
You know, when to hakuhodo masabi he lost Karnataka seven give the right incumbent or binding in it on the day of its harvest. So, Allah subhanaw taala said that this right is binding in this in the crops. So, this has to be removed, this is the right of Allah subhanaw taala or the right of the soul of this community, the poor in the community has to be removed from the crafts before anyone can acquire those crops or possessed.
Now the Americans and survey from Belize will say well consider this to be the applicable also in all other forms of money. You know, that
was the cause of binding in the money itself. It is not binding on the person. It's binding in the money.
Anyway, that's that's basically the discourse between them. And whatever it is that you feel in the math lab. In the hand value Math Lab is a cat is binding
in the money, not on the person in the money. So whether this person is saying insane, adult minor.
The cat will be taking from these assets when these assets reach the song.
Even if this money is worth we will still take the cat
If the work is basically for the benefit of a particular person, so let us say there's a cat, there's a cat is
here's the the the concept of Maya and a particular period the particular person. So, if he says and people used to do this, before they died, the maker works and they say that the profit of this work for the re on the profit of this work will go to will be used for the sustenance of my kids and their kids, my descendants, my descendants, this building this piece of land, whatever rent or whatever crops or whatever will be used for them.
So, in this way, it is works, but it does not really work for the sake of Allah analyze what for your own kids or does work for a particular individual, if I say this is work for the poor, or I say this is work for the master, where I say this is work for this orphanage.
then in this case, in this case, Hanafi sapphires and combat is all of them will say this money will not be as a capital nomadic is will still say it's a capital, but the vast majority will say it is not a capital
because the whole money is for a last marathon, the whole money is for Allah subhanaw taala.
But if I say this work is for my kids,
or this work is for the benefit of hassen
then then in the Hanafi madhhab, they'll still say since there is no complete ownership, the Mammon Melek no complete ownership has and does not have the ability to dispense of this wealth has and does not have the ability to sell this work. He even though has and will make, you will benefit from this work make profit from this work, and it will be spent on Hasson but Hanson has no ability to sell this work for therefore, this is not the capital
but the Hanafi the honeyberries and the shafa is amalickiah they will say that this will be a loophole you know, because you make our and you make the you know the the profit of this work go to your kids this was the loophole to basically evade Zika we will plug it we will not allow this loophole to be made.
So, but in general, in general, this you know, it has to be a particular person that is that is benefiting from this money. And in the mazahub even if it is a work and a particular person is benefiting from it, it will still be socketable this means what it means that there is no as a cap on public funds, and the Treasury have a Muslim state, there is no as a cap. So people were counting gone, there's a cat avoid when we come to it, you know, they want the other Gulf countries this year.
I'm afraid I'll disappoint you
it would have been socketable if these were private companies,
if the if the oil was owned by private companies, when you privatized the companies and this will now it will the will is owned by a private company and the extract of the oil then it will be accountable, how many ways it is accountable.
The others would not consider as accountable because it's not impressionable according to the HANA fees, and it's not a golden silver according to the others, but it would be accountable if it is owned by
a private entity, a private entity, but it is not the capital if it is owned by Treasury.
Okay, so on behalf of the person who is being addressed by it.
We're done with this right? The person has to be an entity, a person or persons. It's not a public fund. And it is not.
And it has not worked for on a public fund or sort of walk feasibility law
and whether or not this person is
is a macula.
It doesn't matter because there's a cast binding game, the money in the meth lab, not on the person, it will matter to whom he Manwani for him a whole lot, it will not matter to the majority, the majority will say, We don't care if this person is gonna cuddle up or not, he's been addressed this money that is profitable. The poor in this society or this community have some entitlement to part to a chunk of this money.
Absolutely, exactly. So certainly the the poor little kid is not being addressed by the other of the soccer by giving up his account, because you know, who would require a two year old to give out there is a cap, but that a guardian is being addressed by the other captains by and then again, the money of the two year old, and the Guardian is responsible for
Absolutely, The Guardian for the child or the insane?
Walker is like a business.
Thank you. Okay, so walk itself for a walk for itself, let us say the walk phase or land, there's a cat, there's a cat comes out from the actual crops in this case, because the crops are not no proof. But if the work is,
livestock, there's a cap does not come out from this livestock, there's a cap comes out from something else from you know, outside of this, you know, so, if I make a walk for the sheep,
there will be one sheep bind them here on the for the sheep, it will be undifferentiated, not coming out from the actual mo hoof sheep.
But when it comes to the crops, the it will be from the same crops, you know, because it's a percentage of the crops like a portion of the crops, that will be acceptable.
Okay, so I'm not going to stop and milk and the second point here, mannequin is sovereign, and we will come to the nisab at the end, or maybe next time, we will come to the nisab there's a cap special, there's a capital minimum the cut off, but the concept of milk and German and you will find some discussion in your books about the complete ownership that comes the concept of milk eater, what do we mean by complete ownership, it is money that you have complete,
basically, ownership of that is irrevocable, irrevocable, and that is also
not one not legal ownership, not medical Aqaba only melchiot, which means that you do have possession of this money, you do have possession of this money, you have control over this money, you can take this money now and invest it or take this property or this asset and sell it, you have the ability to dispose of it.
And if the you do have that complete control, then this money is the capital, this is very consequential,
Now, it seems that in the Hungarian method, there is this agreement here, and we will it will look like we will
basically say it was the minority here. Because the position you know, there are many exceptions in somebody's mouth after this total ownership or complete ownership that are really not consistent with the principle. Certainly the scholars who adopted this position will be able to justify and if they have a debate with me in front of you, they'll certainly beat me and the but, but at the end of the day, we will looking at the you know different
we will have to basically go by
Yeah. So, for instance they say that if the money is lost
It is accountable.
Like it you have some money you have like jewelry or you have some money and you lost it, you don't know where it is.
If the money was wrongfully seized among sold, it is accountable.
That's that is where that this this disagreement happens. And that is where that concept of commandment would mitigate the lemon milk means that I have complete ownership, I acquire the money, I possess the money, I can dispose of the money, I have the ability to invest it. That's what is meant, because no matter which is growth, growth or profitability, profitability is one condition for the money to be socketable. So but the Hanbury is if this is if this is money that was wrongfully seized, or money that was last, accountable. shafa is also said the same thing, by the way, but they said it would only be a is accountable binding in the money. But you are only required
to execute that, when you collect the money have to retrieve them, then you will pay it as a cat for all of the years. So you buried a treasure somewhere and you forgot where it was.
And then for 1617 years, he had been scratching your head, and all of a sudden you're praying and then there's a Tonka
reminds you of where it is.
So euro Iran to your treasure,
may quicktest themes and your onto your treasure, and unearth
the Sharpies and embellies will tell you you pays a cap now for the 16 years.
How can you find the deals, here are three final pay, there's a cap for the 16th or 17 years.
the managers will tell you place a cap only for one year, the 100 piece that will tell you don't play soccer. They're kind right.
But But keep in mind, keep in mind that there is a position in Hungary method that is in agreement with the HANA fees. And that is the position that was chosen by me.
So anytime I chose the position that the hanafy position here, which which is a stellar position within the Hanbury method, because within the each method, there are always controversies. So so that is the chosen position.
And in fact,
I can deny that this looks much stronger. You know, like if we're saying that profitability and we're complete ownership, some money that I lost, or money that was wrongfully seized, you come and take my money, and then I keep on begging you for to
give me the money back or return the money to me and so on. And then as after 15 years, I collected the money, you know,
the judge, different judge or your law softens your heart and you give me the money back. I'm not responsible to pay this, whose account for the last 14 years.
Anyway, so hanafy said you don't have to give us a position on somebody's mother, Susan baby with me.
So that's the idea of demand and milk and I want to give you like a little bit of an idea about the amendment medical but we will come back and discuss it a little bit more when we talk about this account of deaths, because we will discuss the issue of amendment milk like if if if someone owes you money,
it is your money, but you don't have control of it that is a that is discussions of debts will be a chapter by itself. So we will not go over it now. But it is also pertinent to the concept of amendment that amendment.
for instance, you know, in judo, Buddha said often for instance, if I give you in advance the rent of your building or the rent of your apartment for three years, or I hire you, but I give you the your wages in advance, I hire you for three years, I hire you for two months, or hire you for three years. I give you your wages in advance or I give you the rent of your building in advance for three years.
Humira like whoever collected that rent or the wage is now responsible to pay there's a cap now.
How many wise Yes, you're responsible. And that's another exception where you know this money. Hi, now I possess it. So it's not an issue of possession now because I possess it. You gave it to me.
Even if I don't possess it, the homies will say from from the time of the contract, you have become an owner of this money and you are required to pay this account of this money. But now if I possess it, I won't have to actually pay. It's, you know, actually excuse this if I possessive. But if you come back after what less than one year, and the contract is revoked, for some reason, or whatever contract is revoked, and I will have to give you the rest of your money back for the time that the use of product was not delivered, or the surface, the service was not delivered. homebodies will say, well, more sorry,
to your loss. So you have to pay there's a cap on the entire amount of money for the, you know, every year.
Now, the medic is and Jaffa is they, they will have
not addressed this with American Chavez, they will say, well, when you can, after one year, you become deserving. Let's say, I hired you I gave $600. I told you, I'll give you $600 for service to be delivered over the next few years. After one year, I became deserving of how much 200. Right. So they'll tell you, after one year, pay, there's a cap of 200 only because that's what you're deserving of, which is called the crowd and mold, which is basically the crowd here establishment, establishment of the ownership, my ownership over this money became now established, you can't revoke this, he can take this money back from me. So it is established. So they'll say pay, there's
a cap for 200 years now.
And then, after two years, have I still have the money, then not spend it, you know, pays a cat on 400. After three years now, you could start to pay it as a cat on the 600. Because now your ownership of the 600 is established cannot be revoked. Exactly. So one other example that we can, you know, mention here, which may be pertinent is retirement plans, for instance, retirement plans, retirement plans, they either give you access to your money, or they don't give you access to your money, if they don't give you access to your money. If it is a locked in retirement account. an IRA locked in retirement account is called li li Ra. If it is a locked in retirement account that you
have no access to this money is it's a capital.
No, it's not a capital. There is a caveat, though there is a little bit of an exception that we'll come back to. But it's not the capital
is not the capital. Why? Because I don't have control over this money. I can dispose of this money I can use it for you know, so I it's not the capital.
But if this retirement plan is, is you have access to this retirement plan, contingent upon the payment of some different taxes and penalties and so on. But at the end of the day, if you want to walk away with some money, you will walk away with some money. Is this a capital?
Which part is the capital? The part of them that you will walk away with? So if I have in my retirement plan $100,000 and I owe let's say on my second date, I tell them, how much do I can walk away with today and they tell you 60
then 60 is the capital $60,000
is the capital
we will address this when we come to this account of stocks because likely your retirement plan likely your assets are invested in mutual funds and so on stocks and there's a cap of the stocks is a little bit different from this cap of cash as we will talk about later. But anyway that is the portion that is the capital of your retirement plan. What if you like in your investment in a long term account so you luck in your investment. Like you go and put your money deposit your money in a law in a locked in long term account like you do is do this and back home in the Middle East and Egypt and stuff. You know you'd like in the money
for 10 years until your kid is 18 years old. You're like in your money for five years. You know you can't really withdraw it for five years.
academy International Islamic Academy of the IC Organization of Islamic Cooperation said that in this case
In this case, it is still the capital even though it's locked in. Why? Because you voluntarily locked it in. because keep in mind, one thing that's the focus, think of is not simply
your relationship with God as like a private sort of operator here, but as a member of society, and they will now allow certain crooked members of the society to create loopholes in the law and you know, evade is a carabus way. So, if if we tell people that as long as the money is locked in snazzy capital, everybody
you know, like in their investment,
but that will not work. So, complete ownership complete owner, ship, complete owner ship.
So, what does it mean? It means that, you know, what, we'll discuss this later, we will not discuss this in detail now, because we'll just have to keep more for you know, some for later, you know, a woman who takes a
a woman who gets a Valerie designated, and whether she thinks the money or not, that one of the exceptions of the humble is yours that they say it's a capital from the time of the contract. But now, this Bowery before the consummation of marriage is part of the victory vocable or not, half of it is revocable. Half of it is revocable because of that marriage is not consummated. She returned half of the dowry is this complete ownership established must occur, it isn't really established complete ownership. Because half of it is revocable, she may actually need to pay back. But they'll tell you that she will you know according to that stronger position in the mazhab which may not be
ultimately stronger in sort of Islam. But as I go into the stronger position in the mother, they'll tell you that she will have to pay his account on this. From the time of the contract.
Nowhere we're not talking about this I said we will defer you know the I know that.
That we will.
We'll be interesting, but we will defer it because we will have a whole day for that salary and all of us.
entire chapter for this. I'm just giving examples of the idea of the nominee milk.
So things of that nature.
That that I have no complete ownership of
let's say there are say I
gave you one of the examples but we will talk about this in depth. But just to give us an idea of what this talk is about this idea of complete ownership is about so high.
Give you an advance payment for a product and I did not get that product yet. Who's responsible for this money to visit Get on. You know I give you advance payment for a product that you will give me advance payment here means seller by seller, which is I give you the money all upfront. And then you deliver the product to me a certain product quantifiable, measurable, this definable etc.
Then you give me the money, how a particular time who's responsible for this money now that you have, you could say that I am responsible, you are responsible because you have the money now and the contract is done. So you received your end you know your share of this contract, the portion of the contract that is owed to you you received that you're responsible from now on that's the position here.
Who's responsible for that? product that I did not receive you?
Nobody unless this product is gold or silver. Or this product. When is meant to be trade goods? Like you gave me $200 for certain Yeah.
No because if if gold and silver can be
basically traded in a salon contract and be the difference payment in a salon contract.
If the price No, if the price was not gold or silver, so I gave you like two tonnes of cotton now in exchange for a
certain amount of gold later.
That is still possible in a salon contract. So
So now, if, if this will be called as ever this be traded,
we're gonna it's getting a little murky, right? But But I just wanted to simplify it I they didn't work right?
I wanted to simplify the concept of almond milk, you have to have complete ownership of this money, it will not be irrevocable, it is your own money. So I'm giving you examples that I'm actually telling you that the family is actually went against that principle.
In most of these examples, and they made, there's a cap bind, and again, this money, but there are different positions within the mothership. And there is this agreement, in fact, in general, but that's what they talk about, when they talk about the men and men, I have to have complete ownership and they have to have possession, and it should not be irrevocable. I have complete ownership, I deserve this money.
I have possession of the money about the money, and it should not be irrevocable. So you know,
what, if one of these things is missing, then that will be a problem. Some people will be consistent all the way.
And say, if anyone is missing at any time, this is not acceptable. And some people will have exceptions. And those who will have exceptions will try to come back and justify why we have the exemptions. Because this would create this loophole that because this will do this, so that they will come back and justify it. But this is the concept of dynamic. How does it apply to us? It applies to us in the case of retirement plan, locked in retirement account, locked in long term investments, and any money that is not completely ours. And not revocable. Is this like disambiguation, or
security deposit accidentally, like that's another example. So security deposit, if this if you have no access to the security deposit, that will be one of the examples. Like you don't have control, you know, should I give this a cap on that security deposit, it is not even known whether you will be able to collect all the security deposit or not.
You have no control over it. You can't use it invested. It is not nanny, it's not profitable money. It's not money that I can invest.
So that would be an example that I don't have complete ownership of the security deposit. Even though it is my money that is held by the landlord for that is held by this or that
Manimal Cortana was phenomenal Okay, let's just finish one more thing because next time we won't have too much to cover
and almond milk is milk it's
or button Did
you have the moment milk or whatever it is, whatever money that you set aside for anything, you have the moment you know, what you're setting aside for something
you have demanded milk of this money, because you could.
What if someone says this money is nazzer is I vow I vow to spend this money in the way of Allah subhanho wa Taala.
On Ramadan second
and here is a calculate is interweb is in Roger Ver Shabana some
years ago do lead comes in before Ramadan second,
this is money that you vowed to spend,
to evolve spend on the path of Allah subhanaw taala he Sabine Allah
okay. You will have to pay zakat on this money
because it is there in your ownership. Whenever it is money that you vow to spend and Sabir elaborate He did not say on Ramadan second is not capital.
Because you did not designate a time when you have to spend it once you vowed to spend this money feasibility once you vow to spend anything feasibility lab that is not
yours anymore but you vowed to spend the phenomenon seconds and years ago you date came back in before that it's impossible
How would you get out of this? You you when you pay there's a cap intended that this is basically execution of part and advanced execution of part of the Val so that it does not be a double sort of
Okay. And then does she accept what as I get a female and have they hold on a hill How will encourage me when I met on the Savi, monetary or rep here in Hola Hola. Hola, aflame passing of a house. There is no Zakat on property until an entire whole Islamic lunar year has passed except for that which comes from the land the growth where except for that which comes from the land. So let's finish that sentence first. So, how will is the requirement whether it is cash, whether it's trade goods, whether it is livestock, how will is a requirement for all of those what is how will another requirement whatever comes out from the land What do they mean by whatever comes out from the land
three things, craps,
treasure troves and mind metals. What comes out from the land craps treasure troves mind metals when the when this does occur become binding on them immediately immediately Okay.
Then he addressed a different issue of what about profits when I met on the Solomon and the third you are saying however might have lost limb So, the other exception the other exception we said that what comes out from the land he don't wait 100 immediately the other exception is the profit that was that emanated from the growth emanating from capitals through birth as with livestock or profit the whole of those is that of their origin.
Now, so, this is
this is a matter of this agreement between the scholars
there are certain things and whenever you study that particular comparative circle what you need to do whatever it is that you compare it to, what you need to do is
understand that there will always be on the two extremes points of the agreement get this down first the points of agreement on the two ends of the spectrum you know so money or you know I usually give the
I'll give you the will be applicable here also but you know, water that has been the water we use criteria have been changed by an adjust our fields is not is not used according to all of them water of rain and water you know water that's found in nature unchanged unqualified
unqualified rain is pure according to all of them and then you work through your way to the middle and figure in and then you know, try understand the controversies in the middle here.
Here when it comes to the profit that you will make during the year you know your as a cab due date is on Ramadan second every year Ramadan second every year. So here is
why do I have to say Ramadan second why can it be Ramadan first to be easier?
So here is Ramadan
And thought had let's say 12 1110. Nine
and basically nine one is yours. I can't do that.
Nine one is yours. I can't do that every year.
All of them said all of them said if you make if you have
from nine one.
You have cattle here.
You had trade goods here and M cash
and by trade through trade this gap
Tell here this capital that you started out with on Rama on Ramadan first made profit made profit
then what do you how much is your How much is the cap to pay How much is the capital now
the capital only the capital plus the profit or the capital plus some of the profit
capital plus the profit by agreement no one is disagreeing here
no one is disagreeing here right okay.
Now, let us say
let us say that you have
cows that you know enough cows the basic ad and then you earned or inherited gold or silver or cash cash you inherited gas here cash here. So, you have cows or you have cash and you inherited cows whatever, but you have one type
and then at one point you inherited a different type of capital wealth a different type of mechanical wealth
what is the capital here
the cows have the cash
or the cows only
no but the cash it's not been one year yet for the cash.
So, because the cash came here you know this is nine one here the cast came here in this point it will be the cows only
know this agreement here. They don't disagree here Why? Because here on one end, this profit actually emanated from the capital that you have came out of the capital through birth as in livestock or profit as in trade goods and stuff.
This example here there are two different types of wealth you know we're talking about you know cows and cash
not even this cows and sheep two different types of wins.
What if What if you had
someone gifted you or you earned or bought or whatever happened?
they did not emanate from this
they did not come from those counts.
You know you have like
us you sell
electronics and then
all of a sudden you got a lot of other trade goods
all the counselors accountable here for only the counselor that you started out with aren't accountable
is the Okay.
Thank you for disagreeing because the scholars disagree.
actually Emmanuel hanifa
Imam Abu hanifa
said that everything will be socketable here.
mm Shafi and as Matt said only the cows that you started out with will be socketable
madman excited with the amount of money for when it comes to livestock and sided with the others when it comes to everything else.
But anyway, for simplicity, just remember the two ends of this one even said all the cows are the cattle membership and Ahmed said only the cows that you started out with will be Zika
How is this applicable to us?
Because we are mostly employees or or even if we are traders or anything, but we earn our money in increments in small increments. So
Quality manual hanifa. Don't worry about the increments
on the day on your exact due date,
just inventory everything that you have, except in this rare case of having one type of money and earning a different type money completely in the middle of the year, then you will start and you have a new year for that completely different type of money. They were talking about the same type of money, we're talking about cash,
cash, cash, and golden silver, they all come together in the same pot, you put them in the same pot.
If we're talking about this, then remember hanifa said, don't worry. Come on here is dee dee dee is a cap due date and figure out how much you have. And based on everything
I'm going to show you and say, No, every increment that you earned that did not emanate from was not a profit of the capital that you had at the outset or the beginning will have its own year would have to have its own year. So a membership very stuck to principle here that every amount of the cap new mo and that's this image of the stock the principle that every amount of money that you owe, that you earn would have it would have to have its own year,
because that within that year, there would be opportunity for growth in the map in investment.
But if you earn some money on chabang 30th, for instance, and we ask you to pay as a candidate this money on Ramadan first, that will be unfair to you.
That's what I'm trying to say.
Imani this position for the majority of us will be easier and more practical because it will be extremely burdensome and laborious to figure out like a difference account you date for every increment of money that you earn.
So using your money for position will be safer and more practical and easier for most of us because we earn our money in small or we earned our wealth in small increments. The only difference here while we are give you this example before
you know in Egypt they always talk about your when your uncle in Brazil dies and you inherit a lot of money and stuff like so your uncle in Brazil died and you just inherited like $2 million on the last day of Siobhan here.
And yours account due date is nine one. So you have never owned more than $4,000
but $4,000 isn't the SOP. So you're required to base account online first, and you earn $2 million now on Siobhan Surtees well you accordingly Monica, what do you do? You base a cat on
according to UNICEF, what do you do?
Physical only on 4004 the 2 million there's a cow be doo doo on them when Siobhan 30s
in this case, I will tell you if you want to simplify your life, Han Shan Ban 30 is next year pay there's a cap not only younger 2 million but also the 4000
so that you only have ones that kept you there because you could pay it in advance instead of paying it later.
by this we will have come to the end. We have not been successful at finishing the whole chapter. But inshallah we will take five minutes off and then we'll have questions and answers.