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Fiqh of Worship #60 – Zakat of Currency and Debt

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Notes

Episode Transcript

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So, today today inshallah we will have two chapters we will finish two chapters, and it seems that

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we will be able to finish

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the whole book of the cat

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probably within three weeks.

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So three more weeks

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we have the cat of merchandise next and then the cat

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The cat fit afterwards and

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how to pay the cat and the sort of recipients of the cat legitimate recipients those who could receive the cat and those who may not receive the cat

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and that will be ads so

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it seems it may be three or four more weeks inshallah and we will finish the car and then inshallah we will start several financial transactions of financial transactions. Some people call it fact of commerce.

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Anyway, it's for mama Latin Melly

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Babs, aka Desmond. Kodama, Allah said, Babs, the Catalans, man, chapter on this account of currency. And as I said, we will cover two chapters, it was account of currency, and there's account of debts that was gathered, that's as far as the creditors are concerned, and as far as the debtors are concerned. So if you owe somebody money, or if you owed money by somebody,

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this money who's going to pay this account for it, he's keep it keep in mind, for the folks that are always looking to get this account out of every money that's out there, because they feel that this is this is the right of the poor, how can Pokhara so they want to get money out of it, who's going to pay for it, the creditor or the debtor and what's in what circumstances etc. So the

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then part of it also will be about saalbach or Mahara or Dow Theory, although I don't like the word dowry, because it does have some sort of negative connotations. The word sybok is, has beautiful connotations. It's about like a proof of sincerity, proof of commitment, a proof of sort of the truthfulness. And in that pursuit,

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the pursue pursuing marriage or proposing to someone so subak, we'll call it subak. So that will be in sha Allah is a cat of that. And this is the second segment of this lecture. The first segment of this lecture will be about the cat of currency, and the cat of currency. It's called a capital S. Man, what is a man that's plural of Theremin? What is feminine means price. It's whatever you pay as a price for other commodities,

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sort of standardized prices for different commodities that used to be in the past gold and silver. Nowadays, we use cash, therefore, should cash be

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as a substitute for gold and silver, even if it is not tied to a gold reserve anymore. But to this, should gas cash still be considered currency? Not only in the above is a cat are the chapters of the cat, but also a barbarity but are the chapters of labor? Should we consider cash, like gold and silver and apply the rules of gold and silver to cash?

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Yes or no? Yes. That's what some people said no, but but, but the vast majority of scholars said yes.

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And and then

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and then it we need to say yes, because otherwise, we would have sort of decimated the fact in in those two major areas is a cat and ribbon because no one is using golden silver as currency anymore. And people are only using cash. So you know, I'll give you $200 I'll tell you

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in one year,

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bring me back 300 and that would be fine because the rulings of cash are different from the rulings of gold and silver and rebar does not apply here. Then, so what is what is the river about anymore so it will be sort of devastating to fat in these particular areas. If we don't consider cash to be like gold and silver, silver substitutes for gold and silver. They

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For sure, take the rulings of gold and silver. Certainly, you're not going to say that, you know, they will take all the rulings of gold and silver because there will be some rulings for gold and silver that will not apply to cash. Right. And also it's allowed to wear gold for women not allowed to wear gold for men and stuff. These things will now buy the gas but in has,

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as far as they are, as far as we're concerned with, you know gold and silver as prices for things for commodities as men, then cash should be should take all of their rulings. Schiff here said currency he's talking about it as man's a capitalist man's the kind of currency he said where he had no iron. So currency. There are two different types of currency or kinds of currency, gold and silver. The Hubble fed book

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what as a kettlebell Fitbit Hakata bloga Miata Iran, lG lG bofi has some subtle data in the show there is no Zakat in federa until it reaches Kelvin silver until it reaches

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200 Durham's 200 Durham's would be 595 grams of silver 595 grams of silver is 200 dirhams. And then he said in 200 Durham's there's a cap that would be what five Durham's and that's all consensus consensus you know. So in for in the status five five out of 200 is 2.5% five out of 200 is 2.5% so the gap is 2.5%.

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And then he said what after that have you had the absolute freedom is Carlin fair Do you boo Fie. This film is called and there is no as a cat in gold or on gold until it reaches 20 Miss cons and it's the guy is half from his pod stem 2.5% because half out of 20 is 2.5% 20 misspells gold 20 dinars would be what would be 85 grams 85 grams and that that is basically an estimate, you know,

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that we try to get as close as possible, there will be some disagreements, there will be some differences, but we are taking the basically mainstream sort of predominant position here and translating their measures to ours, you know, so, the translation certainly may result in some degree of error, but we are trying to be safe and to take middle moderate position that is also on the safer side. So 595 grams of silver is your nisab which means there is a cap threshold which means Hong Kong law which means there is a capital minimum

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below which you are not required to pay zakat. Now what if you have what if you have

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let's say

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it's 595 grams of silver, so you have

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an 85 grams of gold.

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So you have divided this by

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five, one.

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Okay. 119 so you have 119 grams of silver, divide this by five, and it will be 17. Multiply 17 by four and it will be 68 and you have 68 grams of gold. You have 119 grams of silver, you have 68 grams of gold. And that's it. You don't have anything else do you have to pay the cat?

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Yes.

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Yes, there are two reports in the mouth of anyway they're the you have to pay the cat is one report. And that seems to be the stronger report. And you don't have to base a cat is the other report that that that is like the Shafi position.

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But you know the stronger position in the Mazda, chosen by Mira mamula is that you have to pay zakat.

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Why because 119 is one fifth of your nisab of silver and 68 is four fifths of Uranus up

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have gold. So if you have four fifths of the nisab in gold, and one fifth of them in silver, combine them, you have done this up. So, this is not about value, this is about which portions. So, if you have half of the nisab have silver and half of the nisab of gold, you have one this all you have three quarters of the resolve of gold and one quarter

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you have one this up, therefore, yours account will be binding on you. As we said before, cash will be a solid cash isn't substitute for gold and silver is cash, then

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is cash then

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can you add cash then

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to gold and silver to complete the nisab? Yes,

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you add cash to complete then it's up. So, if you have

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well What is it then isab of cash, how do we determine the nisab of cash as we said before, when we use gold or silver, some of the scholars you know in the hand in hand very memorable whichever one

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but you know it contemporary scholars, Medina alpha factor assemblies flatpak, atomies, you know, etc,

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contemporary scholars and you do want to draw on the wisdom of contemporary scholars because they have, you know, do not be literal contemporary scholars, because this is like a sort of a general

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attitude the Muslims nowadays have, and it has to do with arrogance. At the end of the day, it's about arrogance. It's about you know, not wanting any of your contemporaries to be like you to be more than you. So you only submit to the authority of it Bukhari because yeah, he was like 1200 years ago, you don't feel that urge to compete with a Bukhari because he probably lost hope that you could ever compete with him. And he, he, he's, he's not alive anymore. So you don't feel like it's it doesn't cause you any pain,

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that he surpassed you because he's not alive anymore.

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But that generally your attitude, so don't be lectured contemporary scholars, he has certainly we have the concept of Mr. Fallon kind of the the sort of the,

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the precedence of the sell off and their

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superior superiority of the knowledge of the righteous predecessors. And, you know, an ancestor is and certainly the closer it gets the profits of the loss I love, the better it is. All these concepts are valid concepts, but it does not mean that the oma will dry out the oma does not dry. Anyway.

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So going back to the to the contemporary scholars on the issue of the nisab. They said, they said the gold standard is the gold standard. So gold is the standard.

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And in this case, the nisab of cash will be determined, according to the value of gold. So 85 grams of

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24 karat gold, we did this calculation before and someone came up with a number it was about 3000

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change, you know, a little bit more than 3000. So let's say 3000 3000 just for the sake of

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simplicity here and practicality 3000. So, you have

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what is 17 times three

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will be 51. Right 51. So you have you don't have 68, but you have 51 grams of gold, which means you have three fifths of the nisab of gold and then 3000 is going to sub for cash, you have

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600 $600 so that is one fifth of your sub in cash. So you have three fifths of non sub of gold, one fifth of the fifth of the sub of silver, one fifth of the nisab of cash, you have an assault you add them up, you have an asabe you need to pay years ago

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is this all clear? Clear membership except for in canopy marriage, this is something that you will not have to worry about because But anyway, and canopy malvaceae philosophy Maha Tableau bocadillos they have you all been in slobbing for in Shakopee. Veronica huie rabina raggio Venus, key SAP Kima Leah Alana Patras, Alec

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and if there is

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If there is any doubt about its purity, there are two options to choose from to pay there's a cap on the amount as it is or to various purified by casting

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in order to determine the actual amount, so you have gold and you're not quite sure how pure it is, and so on. So it'll tell you you either way the whole thing poor if you want to figure it out, just go you know and cast and see what comes out of it. You know the amount of gold that comes out of it. But also if you're certain that what you have is 18 karat gold, then you will figure out what this is like in 24 carats. You know, so you will figure it out. But but because there's a cap is a is on the 24 karat gold 85 grams of the 24 karat gold

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when the shakes as

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well as the kettlebell Holly in my bathroom are delicious, they're malleable.

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There is no as a cat on permissible

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jewelry that is prepared for personal use or lending. There is no cap on permissible jewelry that is prepared for permissible use or lending and that is when there is a big controversy between the scholars and we have you know the HANA fees and the VA Harry's said there is a cap on jewelry permissible

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for use. Under the Maliki shelf is an honeyberries said there is no Zakat on jewelry that is for use. So, your silver

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jewelry has a man and your gold and silver jewelry keep in mind if the jewelry is not permissible, he said permissible that have a permissible use. If you have gold and silver utensils, that is not permissible. It means you have to pay a cat on the on that because that is considered currency because you can't eat this cannot be usable because it's used as haram to begin with. You can't really use gold and silver utensils, gold fork, you know silver does

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this is an gold. So these are not allowed to use to begin with. Therefore you can say that this is a usable it usable properties not usable. It's not allowed to use. So utensils are out of the question. Go of the Firmin is out of the question as well. If you have gold jewelry as a man, it is a category by consensus also, why because it's not usable property. Because you can't you can't use it to begin with it's not allowed for you to use it to begin with. But silver jewelry for men, gold and silver jewelry for women holidays accountable. Let's say a woman has 105 grams of gold that she uses. Is this the comfortable let's give a little this a little bit of time to discuss.

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So

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why did Mr. hanifa say that it is accountable and why the VA Harry's concur with the amount of money for on this issues the littoralis virus, they translate viruses literalist, although it may be condescending.

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So when we could say textualist better than the trellis textualist I, you know, although you say textureless about the harmonies as well, but you know, so it's a long story anyway. But so that that why the mamanuca say, despite that they've been preferred is usually the person who holds on to ongoing principle versus the single reports. Here he switched seats with the Jim hoard. So here the Johor, you know, basically held on to the ongoing principle, that usable property is not accountable. And remember hanifa switched with and he took the sight of the singular individual reports

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that indicate they may that they are is that gold, the jewelry is the capital gold and silver jewelry. We're not talking about diamonds. We're not talking about rubies are the stuff we're talking about gold and silver only. Okay, so you remember hanifa said, he said first

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golden silver as the capital. The default for golden silver is that there is a capital there is no Why are you making a distinction between gold and silver that are used for as currency and gold and silver that are that are that are used as jewelry? You know, where's that distinction? How do you How are you making those

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distinction the Jim Ward will say, we're making that distinction because the ongoing principle that you agree with us on is that usable property is not acceptable. You know, Leyzaola Muslim PRP, yada yada. So, there is a Muslim is not obliged to pay zakat on his sort of

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horses, for instance, they are his slaves. So the the Prophet sallallahu Sallam says this, and they we agree with you, we all extrapolated from this, that usable property is not as accountable. So, I don't know if I would say, but you have several reports here in which the profits are sort of indicated that there is a capital A and he would mention, you know, one of those reports I've mentioned just one report that we have, but there are three or four reports in this regard that corroborate each other but you know, mentioning one of them the profit is not a one day enter the point is are the lohana is definitely a sort of La Silla mafia de facto Hartman water Meanwhile, for

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Columbia have a is

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called to Sonata one ASEAN, ASEAN Waka rasulillah, Carl, Edina sacaton call to Kala for hospo given enough, so the Prophet sallallahu Sallam entered upon me and I have you know, not not at the heart means big rings, big rings I have in my hand, or on my hand, I have big rings of silver, and the Prophet sallallahu Sallam said, What is this Ayesha? And I said, I made them I had the made of messenger of Allah, to be beautifying myself to adorn myself for you. You know, which is a concept that's you know, given the sort of the fundament feminist environment would be sort of not a valid concept.

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No, but certainly it is a valid concept.

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No Santa Sonata one that is a no like, I have them made I adore and beautify myself, for you all messenger of Allah

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is a valid and essential concept by the way.

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So then the Prophet sallallahu Sallam said to her,

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add to Edina as a cat owner, are are you paying? Because she has like more than one? So that's why the plural is being used. Are you paying there's a cat on them? And she said no. And then the Prophet sallallahu Sallam said to her

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for what has been given and then this is, you know, the fact that you're not paying as a cat on them. This is enough. This is enough to to earn you punishments in the hellfire. And after earning the punishment from Hellfire, it's extremely powerful. This is reported by Abu Dawood, it is extremely powerful. So how could they do more in this case, argue against, like an extremely powerful statement of this nature?

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Well, they base their argument on, you know, the fact that this report is controversial.

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Some of the scholars of Hadith many of the scholars have said that the report is not traceable to the prophets of Salaam it's not an authentic report, some of the scholars of Hadith found that corroborated by other reports and felt that it would be at least Hasson it would be at least acceptable at least sort of admissible proof in insert er, according to our so

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now,

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then, the Jim Horne said whether we're okay, okay, if we agree that these reports corroborate one another, then the prophet may have wanted to discourage extravagance because in these reports, there's always like,

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there's always the mention of big fat stuff, you know, big fat bracelets, big and fat rings, and that is why the Prophet sallallahu Sallam wanted, that is why the Prophet talked about talking about, you know,

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try to discourage this attitude, because there's always the mention of big and fat. So maybe the Prophet did not mean to say that the cat is obligatory, necessarily, but he meant to discourage them from extravagance that this is beyond then here are sort of your

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this is beyond reason beyond moderation. In Xena.

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If you want to adorn yourself, just do something that's a little bit more moderate.

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Difficult, isn't it? Because really, if you want to be textualist, and you would have expected the home values to be here, like

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Taking the hanafy seat. But it is completely different here. So

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but if you want to be textualist then then you want to side with Mr. Mahoney

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on on this issue and the varieties as well. That's why I've decided that the Imam, Abu hanifa, if you feel that these reports corroborate one another, and according to some of the scars of how these these reports do corroborate one another, and it will be hard to dismiss them. Once you feel that these reports are established to the you know, traceable to the prophecies element will be hard to use the argument of the war, the argument of the Maliki Chavez and Han baddies to dismiss them, has basically the Prophet discouraging extravagance because he's simply ease they say at what Dean is a Catalan Europeans a calendar. So he's clearly mentioning explicitly mentioning his account here will

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be hard. Therefore, if you want to be on the safe side, particularly if you're Nia is not really, if you're not quite sure about the purpose of your ownership of this golden silver.

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Then, then you want to pay there's a cap, it's closer to buy a TTP, there's a cap on gold and silver, silver jewelry. Particularly if, if you have a large amount if like a woman, for instance, law buys them. And she says that are self aware them. And there any need arises out sell the stuff like this. So she's not it's not purely for personal use. But there is also some other sort of intent here.

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But if you have like,

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the more I you know, to be fair to there's more as well, I wanted to mention to you that the mama had said, we've heard from five Sahaba, without any contestants, that gold and silver jewelry are not as accountable humans and as humans, and I say you mentioned them Omar.

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He mentioned having a bass he mentioned

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jabesh. So is that we heard we heard that from five Sahaba. I said have no armor themselves, they used to have some dependents

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that had gold and silver jewelry, and they did not pay the cap on their on it. So it you know, it's it's really difficult, it's really difficult.

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But I would say that

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and this is completely acceptable. And we can talk about it some other time can give a whole lecture where you create different scenarios and you think the position of money in one scenario and position of your family in a different scenario or this or that.

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But you could say that there could be different scenarios here. Like if you have like an orphan who has like some golden silver like a little girl who is are an orphan and he has gold and silver, he'll necessarily need to place a cap on this. When you have a honeypot here we'll say you don't face a cat because they're little

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but if you are Maliki or Safa or Hanbury,

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he will not pay the cat because it's jewelry. And remember hanifa will tell you do not pay the cat because they're little they're not adults yet. So don't go like you know, don't be too strict and try to patch up a position that will make you pay there's a cap on this golden silver, even if they were adults, even if you have like a 15 year old, who has some golden silver and she has like 100 grams of gold and silver

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that her mother had left for, you probably do not want to tell her you need to pay those numbers. But if you have an affluent woman, for instance, who buys a lot of gold, and sort of hoards and she uses the gold every once in a while.

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If she believes that she does need to do that for her husband,

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then

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you would tell her that it is certainly closer to fit for you to face this gap on this goal because this is a very contentious issue and it is the disagreement here is very hard to decide who's the winner

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in this this agreement. Is that clear sisters do particularly have any because these guys they never have that much silver anyway. It's 595 grams. Yes.

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opinions.

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You'll have to be at least one time in your life if

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I don't have correct opinion on

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Now that will apply to the treasure troves that come out of the land

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and stuff like this, but,

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but no, you either pay them every year. That's the Hanafi invitee position or not pay them at all. That's the Maliki Shafi and Hanbury position

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once you have changed your name like that you used to have gold or silver for jewelry and you change the DNA and you intend to sell them then certainly here according to all of them you will need to pay as a cat on this golden silver

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whatever you intend to sell,

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you will have to pay zakat from now on on any golden silver that you intend to sell.

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If it reaches than a sub if if it and the rest of your cash and silver all reached and asabe combined after they get added together then you will need to pay there's a cap on this. Certainly here we said adding is controversial if you need to add them but if you don't take that position and you say that they are separate gold is separate from silver than yes if it reaches donousa

00:31:20--> 00:31:27

this is clear right? Okay, then the sheikh said way oh baffling is equal to Majora tada to hoonah

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whaleback holiness Ecuador Masada tuna Bellucci minister happy well fed boy though Baffler gentlemen and Fidel hartham. We're here to safey Well, mintaka Juana we have

00:31:39--> 00:31:55

Mr. Mahajan and Kara wallet before our hologram physica. What kinds of gold and silver that are customarily worn by women are permissible for them and permissible and the permissible silver items for men are rings,

00:31:57--> 00:32:46

the ornamentation of swords and belts and so on, there is a cap on what gold and silver is, there is a cap on whichever gold and silver that's prepared for renting and saving as well as on the prohibited times or the prohibited items of gold and silver, we said if it is prohibited, it's not used, then it is not usable by the shadows we are told you is not usable, that is gold and silver utensils. And that is gold for men that is prohibited the silver that is allowed for men is like ring and the ornamentation of the sword and ornamentation of belts and stuff like this, these would be allowable for men otherwise would not be allowable. So but anything that is that is for rent,

00:32:47--> 00:33:34

gold and silver that are for rent, you may say what about Apartments for Rent. Now gold and silver they have they are the capital by default. And if gold and silver are not for your personal use, they will be socketable Apartments for Rent are different from gold and silver for rent, gold and silver for rent means that it is not for personal use. The only exception for gold and silver is that according to American Stephane Akhmad according to a malba for him any golden silver is acceptable, but the only exception is that they will be for personal use. But once you have golden silver for rent, they used to do this if you guys are surprised the they used to rent out gold and

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silver jewelry because people did not you know for weddings and stuff like this. So if they are for rent for saving

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or if they are not allowed to use then they are accountable.

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Okay, so that's that then there's a cap on this.

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Now I'm gonna put here's a

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woman Candela who died on alhama de melon Yun Kino colossal who can match food and less Isla who bbna one more soup and Livia American woman Aqua de la is a character who is a cabo Lima model, which means and this is for creditors. Now he will talk first about creditors. If you are the loner if you are the lender, not the borrower. If you are the lender, not the borrower, this belongs to you. This pertains to you. He says whoever is owed a debt by a debtor who is capable of paying

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or has money he is capable of collecting as when someone denies

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having borrowed it, but he has, but he has proof or has had something taken by force from him, yet he's capable of taking it back. He must pay the cat for it when he found

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

Finally takes possession of it collect set, he should do so for all the years that have passed. Okay. So when you also when someone owes you money, this could be either a good debt or bad debt. Right? You know, what is a bad debt? bad debt is not is not recoverable, not recoverable. So you don't really think that you get this money ever back, have a good debt is recoverable, you think that you will get this money back? So what is the story with bad debt versus the good?

00:35:41--> 00:36:04

So here in Malmo, kurama, is talking about the good debt, the good debt, or if someone took money from you, but you have approved someone is denying that they ever took the money, but you have approved, you could collect the money, you could take them to court and collect the money, or someone sees that by force, but he can grab a statute back from them, suddenly, you know, you have the power to collect the money

00:36:06--> 00:36:26

in all of these cases, so it's good that you have given a debt to a solvent, not insolvent, a solvent debtor, and he's not denying or he's denying, but you have a proof and you can collect the money, all of this will be considered good debt. So what do you do with a good debt?

00:36:28--> 00:36:36

The scholars disagree here. Mm hmm. Any amendment or hanifa? Agreed? On

00:36:38--> 00:36:40

in no uncertain?

00:36:42--> 00:36:45

Yes. Yes, on good debt, the mathematic at the moment.

00:36:48--> 00:37:40

Mr. maryk has a different position, and Shafi has a different position. So an Imam, Abu hanifa, Nima, Mohamad, they said, you once you've collected this money, you pay it for all the years that have passed. Imam Malik. He said, If this money is not a depth that was accrued through trade, you know, so it's not like a deferred payments, if it's different payments you are paid every year. But if it is basically a debt that someone borrowed money from you this was not in exchange for trade goods, this not deferred payments. This is someone borrowed money from you for any other purpose, not in exchange for trade goods. Is that clear? Okay, if it is, then you pay the cat, only when the

00:37:40--> 00:37:53

money returns to you for one year. Only for one year, even if the person borrowed the money for 20 years, when the money comes back to you you pay for as a captain for one year, according to the amendment.

00:37:54--> 00:38:03

If it was not in exchange for trade goods, here, you will pay it for all years, according to the memo memorable honey fan? akhmat.

00:38:04--> 00:38:06

Once you collect it,

00:38:09--> 00:38:12

once you collect it, so what's different about the amount of stuff

00:38:17--> 00:38:18

you have to pay to every year?

00:38:20--> 00:38:24

Yes, even Yeah, you just you're you're paying it every year annually, paying every year.

00:38:28--> 00:38:43

And why is this? What would this might sound to you a little bit too strict? Why are they doing this? They're saying this is money here, you know, because they're trying to also they're thinking not only like Murphy's, but they're also thinking like judges.

00:38:45--> 00:39:16

And they're not thinking also only for the individual welfare or the or your own religiosity. But they're thinking for the commune of welfare, I have money here, this person says that I borrowed it, so I don't need to pay zakat on it. And the other you go to the person who lent it to him, and he said, I don't have it, he borrowed it, I don't need to base a gag on it. So it's like

00:39:18--> 00:39:28

no, no, or is not gonna let you do that. So this, there is some entitlement here. The poor are entitled to this money.

00:39:29--> 00:39:35

Certainly, we will agree with them if this was a trick, but what if it was not a trick?

00:39:36--> 00:39:44

Really, the person borrowed money for their needs. And the lender gave him the money because they needed the money.

00:39:45--> 00:39:52

And this is the sort of the most common scenario here. Someone borrowed money for these and

00:39:53--> 00:39:59

we will come back and talk about investment loans or investment

00:40:01--> 00:40:10

That's, that's that are a crude corn, let us get this out of the way first so that you will have a better understanding of the rest of this discussion.

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

This is the concern that they're showing here that the when it comes to, you know, that they're showing their concern that this is money that is not accountable. Someone is telling me I'm the borrower, some someone is telling me I'm the lender, and I have money here that is not accountable, the poor are entitled to this money. We won't say the the scholars in the different modalities they address the issue of investment that's

00:40:43--> 00:41:21

that's for investment or versus that's for consumption is the lack, or is this model. So if the unit is the Lackey, yeah, that's for consumption, is when you borrow money from me because you need to pay the tuition for your son's college or your that that is that debt for consumption. That's for investment is when you borrow money, because you want to buy this house. So you go to like an Islamic financing institution, and you tell them, I want to buy this house, give me $500,000.

00:41:23--> 00:41:30

And then this would, this would be that for investment, as long as this house is existent, and it did not vanish.

00:41:32--> 00:42:02

For as long as the machines that you bought for your factory, let's say you go to a company, and you tell them I have this factory, I want you to finance, you know, like, I want to upgrade my factory, I want to buy this new technology or this those new machines. And I want you to finance this. And you figure out like a way of financing. And then you take the money. You're indebted now by 220 million dollars. And

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

you don't pay it as a cat on your factory, right?

00:42:08--> 00:42:18

Do you base a cat on the factory? No, you don't base it on the factory? How much money do you have in the bank? You have $1 million $2 million $3 million $4 million.

00:42:19--> 00:43:08

He will not pay the cat in this way. Most of the businessmen in our times, you know, most of the Muslim businessmen will not be toupees a cat? Would the folk aha allowed us here? No, you know, there's so much money here. And everybody's saying, you know, like you borrowed this money to buy this house. And now you you're telling me I have not only most businessmen, you know, most of the people who have mortgages, you know, if you ever had a mortgage for $500,000 $400,000 $300,000, how many people have actually in their bank account, or savings accounts, you know, how not saving accounts and stuff. How many people have more than this is a you know, very rarely that you would

00:43:08--> 00:43:16

come across someone who would have more than this. Therefore, there would be no more as a cat, you know, done no more as a cat for most of me.

00:43:18--> 00:43:25

So the scholars will not allow this. And that is when the scholars use stare sad and they use reason.

00:43:26--> 00:43:51

And then they would make the distinction between the debts that were incurred for investment versus debts that were incurred for consumption. And they will say that's another way to encourage for investment. As long as you have the property for which you incur that debt. You do not subtract that debt from your assets.

00:43:53--> 00:43:57

You only subtract the annual installment,

00:43:58--> 00:44:49

you only subtract the annual installments because this you are you this would have to come out the gap isn't any one function. And this money would have to come out from your assets on an annual basis. So you only subtract the annual so if your mortgage is $500,000. But your annual more is sort of you pay annually $20,000 you're subtracting 20,000 from your assets, not 500,000. If you bought machines for your factory for $20 million, and your yearly installment is $500,000. you're subtracting $500,000 from your assets, not that $20 million. Is that clear? Let's get this out of the way investment. That's let's get them out of the way. We're now talking about consumption this

00:44:49--> 00:44:53

and if we're talking about consumption that then

00:44:54--> 00:44:59

I forgot to tell you that outside of the formulas I have, there is one very little little knife

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

matter

00:45:02--> 00:45:14

that doesn't require you to pay zakat, even for one year, when you collect the money back the inside of you when you collect and this is like a minor report and the 100 emails are so small a.

00:45:15--> 00:46:02

But this has been reported from Ayesha and Akram and a couple of other sahabas have reported this into the position of our pa also from the tab aid. So it is not the authorized the view of any one of the four major mazahub. That's why we have you know, we said that positions outside of the authorize the views of the form of I have to be adopted with caution. And who, you know, the so this requires it's a process. It's not unlike a it's there it we don't say no to this, like an absolute is No. But again, at the same time we say adoption was caution, adoption with deliberation and caution. And the people who have adopted those positions have to be much the ad themselves adopted

00:46:02--> 00:46:15

those positions and mainstream them and there is a process for mainstreaming them that we have addressed or discussed before. Therefore, although this position seems to be very strong,

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

that you don't, why is it strong? Because this money, we said one of those roots of the of the money beans, the caterpillars, what and the man right growth, it's money that is growing, it is money that I have control, it is growth or the potency of growth, that we say that growth means cattle livestock, they grow, they produce

00:46:47--> 00:47:19

crops, they grow, physically grow, but currency, currency does not if you leave, you know gold or silver or cash somewhere it doesn't grow. But why is it socketable because it has the potency of growth. So if you want to grow you can, has the potency, the potential of growth, you can actualize that potential by investing. And if you don't invest, it's your fault. But we will still take it as a gift from you if you don't invest.

00:47:22--> 00:48:09

So, growth or the potential of growth or the potency of growth. Can we apply this? Can we say that this money I lent you money? You needed the money eyes and it is a charitable deed It is almost like charity. That's why the prophet SAW Selim said Call of Duty and ironic Leonardo narayani kassapa Katerina has reported that he said Carbo d narayani cassava Kathy Dina. You know, lending to dinars is like giving one away in charity. lending to dinars is like giving. And if you think about it, most of the time, when you lend people money, it's easier to give charity because you will not have the anguish of whether they will give it back to you or they return that to you or not. Yeah, so

00:48:09--> 00:48:32

it's easy to just give it to charity. So the Prophet said lending because if you are a frequent lender, maybe you will recoup like 50% of the loans that you gave up. So truly cargo Dinara and ECOSOC, the dinar you know, lending to dinars is like giving one out a in charity.

00:48:34--> 00:48:40

In this case, should I tell this person that that lent

00:48:41--> 00:48:45

the money to his brother or his sister, her sister, her brother, etc

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

should I say to this person

00:48:49--> 00:48:50

that

00:48:51--> 00:49:19

you give them the money you wait for five or six years for your money to return? But you will have to pay every year like no chef is until you get the money It is like almost the punishment for the poor person. No, I'm not saying this because I'm not you know, I'm not in a position to disagree with him on shefa whatsoever. We're not that Dustin has sandals, but I'm just saying that this position you know, not in a sapphires position. Now I scribing

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

that this position seems to be a little bit punitive to the creditor.

00:49:27--> 00:49:59

Mmm, Oh, honey, fine, Mr. Ahmed, you know, their position is a little bit more more moderate. They say when you collected gift for all the years, you know that that have elapsed. So after seven or eight years, when you collect the money you will have to give for all the years not a mathematics position is really nice. Because you could like to the money had been five years, six years. 14 years. You just you did not have control over this money. It was not growing

00:50:00--> 00:50:39

For you, and there was no potency of growth you could not have actualize the potential of the money because you did not have the money to begin with. Now, if you're doing this as a trick among yourselves to evade the cap, if that's your problem, then all of this is not up it does not apply to you. Then you're deep in trouble with Allah subhanaw taala all of this stuff is not by your crooks here deep in trouble. But we're talking about people here that are honest, honest people, you know. So is that clear? Clear? Now let us talk about bad debts and I'm gonna put them out okay mama

00:50:56--> 00:51:02

No, they don't make that distinction that's only my family. Okay, so here

00:51:04--> 00:51:05

bad debts

00:51:08--> 00:51:10

bad debts remember

00:51:12--> 00:51:51

we're in Canada with us urine cat Dania doll mufflers our alijah while I buy unit Allahu be one man. So what I love Eli Oh, would you do fell as a character fee. If someone owns money, that is impossible to retrieve because be because for instance, the debtor has gone bankrupt or he denies the death and there is no proof of it or someone has had something taken from him by force or has lost something and there is no hope of finding it. Then there is no as a cat due on it.

00:51:54--> 00:52:18

Now the bad that we'll discuss the good that before the bad. The bad that is a little bit different. The bad that Eman Miss Shafi and mmm keep in mind that this position that the man who Kodama chooses here in the Honda is not the authorized Hanbury position. The authorized Hanbury position here is like the safaree position

00:52:19--> 00:52:24

is like this trophy position they set for bad debts you pay

00:52:25--> 00:52:42

one once you've collected the membership changed his mind here from paying on a yearly basis because this is a bad debt. He said you pay once you have collected the money for all the years that have passed for all the years all the years

00:52:44--> 00:52:47

once collected

00:52:49--> 00:52:50

so a man

00:52:53--> 00:52:55

an amount of money for what did he say?

00:52:57--> 00:53:05

No is a cat here. And this is also a minor position in the Hanbury method that remember Kodama chose in this book, mmm.

00:53:06--> 00:53:12

You know, way down on the side of this position knows a cat knows okay.

00:53:18--> 00:53:28

When you collect it, you wait one year after you collect it and he pays the captain but no no's are kept for that entire period of time that the money has been.

00:53:29--> 00:53:36

Yeah, come to the Yeah. so nosy cat here, then what did the mathematics say?

00:53:38--> 00:54:10

He has gone to his position, the same position. What will you pay as a cat for one year once you've collected once you've collected it for those who are studying for for the purpose of knowledge trying to figure it out to try to remember that whole thing for those who want to humbly position the Hanbury position on both ends is up there's a cap for the ones collected up there's a catch for all the years for those who want

00:54:11--> 00:54:13

sort of the nicest position.

00:54:15--> 00:54:30

You remember in a medics position position. Once you have collected the money, regardless of how many years the money has been out, you pay there's a cat for one year. Exactly. Okay. Then.

00:54:31--> 00:54:33

So that's the mathematics position.

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

Then the shift talks now about the sabacc the man

00:54:41--> 00:54:43

translated sometimes as dowry,

00:54:45--> 00:54:48

or better translated as bridal.

00:54:49--> 00:54:50

give gifts.

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

Bright of gift will help no sadati homodyne. He says the ruling of the bridal gift is the same as that of debt.

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

Hawkman salvati have medine the ruling of the bridle gift is the same as the one

00:55:06--> 00:55:08

as the so

00:55:09--> 00:55:13

them. So in the Hanbury method in the Hanbury method,

00:55:15--> 00:55:18

what if she he tells her you know,

00:55:20--> 00:55:25

your your mom, your mom is $5,000.

00:55:28--> 00:55:30

And he gives her 2000.

00:55:32--> 00:55:47

And the bills are 3000 is the firt. 3000 is deeper in the Hanbury madhhab. She will have to pay money on this once she collects the 3000 for all the years, so after 30 years, she'll

00:55:49--> 00:55:50

get nothing.

00:55:52--> 00:56:11

Because it is just like that is just like a duck. But every time he was asked about this, and he said the scholars disagreed. But he said that the strongest positions are two positions, position available honey for that she does not have to pay money on it

00:56:13--> 00:56:25

at all. Keep in mind, when we are talking about Slovak, we're talking about three different types here. We're talking about money that she received, receiving the money that has been collected.

00:56:27--> 00:56:30

We're talking about money that is do

00:56:31--> 00:56:32

not connected.

00:56:36--> 00:56:38

And we are talking about deferred.

00:56:40--> 00:56:50

The deferred amount, which is more of a deferred amount collected, no problems here she collected, she'll pay those ago.

00:56:52--> 00:56:53

All right.

00:56:55--> 00:57:08

Even before the consummation of marriage, because before the consummation of marriage, there is that caveat that when if the marriage did not get consummated, she'll have to return half of it. But even though

00:57:11--> 00:57:34

you may say that this is not Mr. Carter, it's melki. Not Mr. Para, it is not completely established, it is not final ownership because that she is liable to give back half of it. But but this is disregarded here. And from the time of the contract, she is liable to pay, there's a cap on this money that she has collected even before consummation. So that's money that was collected.

00:57:35--> 00:57:37

money that is

00:57:39--> 00:58:09

due but not collected. This gets treated like at that this gets treated like a death. And we've gone over the ruling of death. You know, if her husband is delinquent, it's a bad debt. If her husband is a good man, I go honest man and solvent also. It is a good debt. She will treat it like that. You know, and she will go back and figure it out how she will treat it. We're talking about money that is

00:58:11--> 00:58:59

that is deferred. So we said in the Hanbury mouth app, she will pay for all the years when she collects it but that amount me I found this position to be a little bit too sort of harsh on the woman. And he said that the stronger positions are to him and Ronnie first position that she will not pay until she collects it and one year passes. So she will not pay the cat for that entire period that she did not have that she did not possess them or what are the different without worry or mm Malik's position that she will pay it for one year for one year once she collect set, regardless of the duration, regardless of the duration and amount of Malik's position in this

00:58:59--> 00:59:08

regard, seems to be more equitable, honestly. Because how many women do not get their deferred?

00:59:09--> 00:59:19

Sort of and if she gets it after like 25 years and you tell her you have to pay this guy for the 25 years. And the way the question was, was first post

00:59:20--> 00:59:26

Samia Rahim Allah, he was told about a woman who collected who was afraid of

00:59:28--> 00:59:45

demanding Karmapa from her husband, lest he would divorce her if she if she asks for it. And she was afraid. And then after so many years, he collected it. What can she What does she do now what is binding on her now, and then he gives them the fatwa

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

he and he would usually venture out of somebody's mouth hub, if he found the need for it. So he gives them the pathway to take either amount money for his position, or emetics position in this regard, either take the money

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

And then count one year and then pay it as a cat or take the money and immediately pay as a cat for only one year, regardless of how many years have laps elapsed since the contract.

01:00:15--> 01:00:22

Then finally, the sheikh said woman cannot lie down on your stockbroker nisab and levy ma who are young pistol.

01:00:26--> 01:00:51

Fellow sakata levy. So, this is where debtors now, whoever has a debt that is equal to or greater than the nisab he owns or that makes the money he owns less than a sub, there is no Zakah on the money he possesses is, you know, that simply you do have done in sub,

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

you do have $5,000, you have $5,000

01:00:57--> 01:00:58

in your account,

01:00:59--> 01:01:03

which is more than than itself, but you owe $7,000.

01:01:05--> 01:01:11

Your annual mortgage is $7,000, for instance, your annual holiday mortgage is $7,000.

01:01:12--> 01:01:35

You know, $5,000 in your bank account, you have to pay the cat No, you don't have to pay the cat. You don't have to pay the cat by agreement, because this is you know, what it is manifest wealth matters life and matters I had is an issue of this agreement, manifest wealth B applies to livestock and crops.

01:01:36--> 01:02:01

Why did they disagree on this? They said that this man this these assets, these assets are basically observable by the public, you know, the public are seeing that you have like 400 cows and the 1200 sheep and you come in, you know, at the end of the year and you don't pay there's a cap on any of this, this web,

01:02:03--> 01:02:47

harm your reputation and all that stuff. Things like as binding Some said hum valleys, said no, it's they're not binding. So whether the matter is valid or not Zohar according to the honeyberries you will subtract the debts from anything. There is only one exception. Treasure treasure troves. You don't subtract your debt from treasure troves because the treasure trove is you pay 20% on the treasure troves once they come out, regardless, even if you are in debt it aside from this in the Hanbury madlab, you do subtract your debts from your assets. And if you if you if if the balance

01:02:48--> 01:03:02

at the end of the year, the balance is negative, you don't have the papers. Okay? What if, what if you have $5,000 in your bank account, and you have $3,000 debt?

01:03:03--> 01:03:05

How much money do you have?

01:03:06--> 01:03:16

2000? Do you have to pay the cat? No, you don't have to pay the cat. Because 2000 is less than than you saw, then you don't have to pay the cat. Is that clear?

01:03:17--> 01:03:36

What about investment? That's, we're done with that. We're talking about consumption that's here. investment that we are going with that we said if if you have $100,000 in your bank account

01:03:38--> 01:03:46

and you have 300,000 $300,000 mortgage

01:03:47--> 01:03:57

and your annual is 20,000 20,000 is your annual installment is 20,000.

01:03:59--> 01:04:05

If you subtract the 300,000 from the 100,000 no one would be pippins account ever, you know.

01:04:07--> 01:04:33

So you will not subtract 300,000 you will only subtract because this is an investment not a consumption. So the investment not for consumption. You will only subtract that 20,000 So, subtract 20,000 and when you have 80,000 you pay zakat on $80,000. He pays a cat on $80,000. And that would be cool stuff in a

01:04:34--> 01:04:35

lick sir