Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Worship
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The following session will be on those who may not be given of this account.
Remember Kodama Rahim Allah said Babel flashes occur how to pay zakat, he said leave us with a pharaoh Sokka and walk to Juba is an uncanny Raja fanfare Allah fatale fun man
lambda spot on whose account in 34 coupler whose socket is not permissible to delay to delay it, meaning to delay paying the socket until after it has become obligatory, if one is capable of paying it,
if one is capable of paying it,
full stop. If one does does delay it, and the property is ruined, the responsibility of paying Zakat will not be revoked. However, if it is ruined before the time of obligation, it will be revoked. Basically, you have your as a cat, due date is
due date is a certain day of the year. On that day, there's a cap becomes obligatory, if you delay given the cat after this day, and your money is lost.
There's a cat is already buying them. It's a death, like you're indebted with this money to Allah subhanaw taala you'll have to pay, you know, and there's no disagreement here. Now,
if right before that day, all of your money was lost, then certainly you don't need the basic app. But the question is, what if this day comes this day comes and you don't have see you that you don't have cash? You don't have currency? like you see here can you know and yes, you will have and this case in the Hanbury mess have the allow you to defer this again, you can't defer it as again this case, what if you have money but you need it for your needs, you're needed for something really important. He had like you have money, but your credit card bill is coming. And you know you use a credit card, but you pay on time so that you don't incur interest and get yourself in trouble.
Your credit card bill is coming up. And you need to keep this money to pay your credit card bill.
The honeyberries will tell you deferred, that is fine if there is a need. Or if you don't have the money defer. That is fine until you are solvent until you're capable of paying then you must pay it then once you are but if you defer it for an execuse and you lose the money, keep in mind you're already indebted with this money to Allah. So the fact that you are deferring it does not mean that the liability is being postponed, you're already liable on your account due date it's done. You Oh Allah subhanaw taala $256
but your credit card bill is coming and you're afraid if you pay this today to the poor, you're not going to be able to pay your credit card and then you have to incur interest and then you'll get in trouble. You keep the $256 you pay your credit card bill. And then later if you have a debit card and debit card does everything for you the credit word, you don't need to build a credit history then certainly don't have a credit card and have a debit card in case you have a credit card because you need it for whatever reasons or to build the credit history or this or that. Then this example here applies to you.
Then afterwards you pay the 256 once you have enough money but what if you are unable to pay it not because you have the money yet you need it. you're unable to be paid because for instance you have a retirement plan and if he was to draw from so you have your retirement plan is $100,000. And if he was dropped here, and we said keep in mind because I you know someone called me from Texas and they said that you know CFA herunter that you have and you wish they had about Zika and you're saying that the car is 0.5% or not 2.5% I told them as crazy.
Don't make that sort of risk
when it comes to retirement plan
We failed, we set at 0.5% on the total, because you will subtract the penalties and the deferred taxes. And then you will have 16,000, for instance, and the 60,000 are in stocks, and not all the stocks are accountable. So we figured that, you know, out of the different positions that the scholars had, some of the scholars said,
you pay 10% is 10%, on the profit of the sparks, some of the scholars said, your estimate, you know, what is acceptable in those stocks? What is the capital in the companies that you put your stocks in, and you pay on that, and we said, approximate figures, 30% 30%, or one third of 60,000 would be 20,000. And if you pay 2.5%, on 20,000, that's like being 0.5% on
100,000. That's where the 0.5% came from, and never said, You know, I never investigated the new ruling about the rate of the car, as you know, anyway.
But yeah, so 0.5% 0.5% of 100,000 is how much $500?
Okay, so $500 you don't have them?
You know, some people, you know, some people live hand to mouth all the time, you know, you don't have them.
So what do you do?
I like people who are punctual and precise.
Okay, so now
you don't have the money. Some people also have like, you know, a lot more money in their retirement plans. And then there's a cat could be like, $30,000, they really don't have the $30,000. And this case, in this case, if your retirement plan allows withdrawal, allows withdrawal, but with penalties, we will not tell you who you know, withdraw the money and basically, sustain the penalties. But we will tell you, you should pay your Zakat every year, he should pay zakat every year, because it was voluntary. You voluntarily put your money into this retirement plan, you should pay zakat every year. If you're unable to you don't have the money favours later when you start to
withdraw money from your retirement plan, or to get a salary or whatever it is here. You will you're able later when there are no penalties.
But you will have to keep track of how much you're lost every year. So this year, my second was 500. Next year, my second is 1500. Keep track and then 30 years later, when you retire. You're You're also much in the car. That's why if that is what you want to do, and you're unable to pay on an annual basis. Why is that? The thing that does not allow you What if you contribute to a retirement plan that does not allow any form of withdrawal? Forget about penalty, they just don't allow us to draw. They don't allow or you put your money into an account that just doesn't allow withdrawals. What do you do? You do the same thing. You in this case, because you're not really allowed to
possess the money. In this case, you are not required to pay it on an annual basis, you will be required to pay it for all the years when you start to collect the money for all the years. Why is this if you don't have complete possession of the money he has
of the money, it should not be accountable. But we said mathematical fact he said it is still accountable because you voluntarily contributed to this retirement plan. Then how you will need to pay there's a cap on the money that you contributed only not the money that your company contributed not the money that the government contributed not the money that that accrued as a profit from this only the money that you contributed, because you voluntarily took this money and contributed to that plan. And you you cannot you know we cannot allow this money to be shielded from Zakah because everybody will be putting their money in long term locking their money in long term investments and
people will not be paying the cap. So the scholar is said out of SSN and that is when juristic preference
as needed juristic reference out of SSN, you remember when we talked about debts if you incurred that for investment versus consumption, and the difference the scholars
contemporary scholar said, That's that you incur for investment or unlike this that you incur for consumption, that you incur for consumption or for your needs are to be subtracted from your assets that you incur for investment or not. This is called SSN juristic preference, even though that's we have the reports about debts and we have the established sort of understanding that you subtract your debts, but the contemporary scholars said, nowadays, people are incurring debts, you know, factory owners and businessmen everybody's incurring this and people are incurring debts for mortgage to buy a $500,000 house and all of that stuff. If we allow all of this debts incurred for
investment, for a property that is existent to be subtracted from the cap, the poor will not get anything, people will just, no one will be paying anything in the cap.
So that is when the scholars come in and use as their said, they also use this lesson here. And they said, Yes, we understand that the amendment medical has complete ownership and the ability to possess the money or conditions for the money to be the capital. Yeah, since you yourself, voluntarily put your money into a locked in account for five years or 10 years, this money will still be socketable. And we will not ask you to pay it as a cat though, because you can't pull the money out. We will not ask you to pay there's a cap now, but counted year after year, you counted 500 this year 550 next year 600. And then at the end of the 30 years, you figure out that you owe
$12,300 ends a cat and you pay this money when you can collect it. Clear. Okay, so that is in terms of deferring the payment of the car. deferring the payment of Zakat is a big deal. Don't defer the payment of Zakat, if you can, so that you don't make yourself liable in the sight of Allah subhanaw taala don't defer years ago
disambiguation or, hopefully, where to start is Cameron nisab when I choose a couple of Eric, he says it is permissible to base a cat early if an assault is reached. But it is not permissible. Before that we get this question a lot. People say
you can pay it as a captain events. That's what he said. And in the embedding method, you can pay in advance for two years, can pay in advance for two years.
there is a particular event, there is a particular fundraising. And he says yourself, I don't really have as much money to give charity, and I already paid my cat.
But you could if you have done a song, if you don't have that inside, then there is no as a cat of negatory on you the Sabbath that cause that would make this a kind of obligatory on yours account due date is not existence. So you can pretty gives account. But if you haven't done this,
which is the cat threshold, like he has $1,000 and you just paid yours a cat. And then two months later, there is a good fundraising about like some good cause that is a cat eligible, and you feel that you don't have enough money to pay, or you don't want you don't desire to give charity, random charity that's not the cat. So you could say to yourself, okay, I will give this from my next is next to my next cycle. From this account that is due on my next due date, how for you you walk by someone who's poor, and you really feel bad for them, and you take like $200 out of your pocket, if you make the intention, then if you make the intention that this is advanced care, keep in mind, you
cannot be you know, given a random charity and come in at the end of the year and say to yourself, Well, I give a lot of money to a lot of people. So don't worry about calculating mezakeh or even if you know how much you gave, but you did not intend at the time of giving given it that this is advanced care, you cannot subtract this from years ago. This will count as just random charity, you cannot subtract this from this guy. You can only subtract it from yours. Okay. If at the time of giving you intended that this is advanced. But this is advanced. Okay. And you could do this for up to two years. Many people ask that's what I wanted to start with. He they say we have relatives and
we don't want to give them all the money all at once.
Because they will miss users, you know, my brother, or my
whatever and or something.
They're, they're not prudent in their finances and stuff like this, and I want to give them a monthly salary. Fine. You can do it from visicalc next year now visicalc of the previous year, so give them a monthly salary $100 every month. And then at the end of the year, at the end of the year, you figured out I gave my brother 12 $100 every time I give my brother $100 I intended that this is advanced care.
And you wonder he's using brother Yes, I'm using brother because like I said before,
you know, the medic, he and the Shafi position here about, you know, the NASA, ascendance and descendants, the medic is restricted to parents and children. This seems to be in a stronger position when it comes to people that you are responsible for people that you are responsible for. And if you're not responsible for it or not your dependents you could give them a cap. So yes, you could give your brother and your sister from your account
and then you give them a monthly salary or you give anyone like you give any amount of monthly salary and then intended that this is from this gap and then subtracted at the end because the Prophet sallallahu Sallam said that we have taking the Zakat from Allah best in advance
there's a cap of one year formula bass and in some reports that also two years in advance
or it It could mean to yours not necessarily that it is clearly mentioned
so that is in terms of pain as a carrot in advance that they want to say anything about this any other thing about paying this account in advance
i think i think that's it
and then even Mr. law said we're in our agenda Hi Mr. Mr. Happy to do and sir in the job even earlier in the
matter, I was talking to our
inteliphone manual and yada yada is
is if one pays it earlier than the due date to someone who does not deserve it it will not count
even if that person becomes a worthy recipient there's a cap on the due date. If one pays it early to someone who deserves it and then that person dies or no longer needs it or becomes an apostate it will it will still count for him. However if his property is ruined after he paid this account, he cannot ask for it back from the person who received okay so you give here is okay in advance you give yours okay in advance. You give here is that guy here that someone in advance how this time they were poor, undeserving poor and deserving of Zika What do you give them? There's a cap
on here is that cap? Do they? Like how do you date that person that you gave us? Eight months earlier on yours account? Do you date became rich?
not deserving of the cat. does yours a cat count? Yes. Because at the time you gave it to them, they were poor. Even if they became apostates, you know God forbid
years ago counts Yes. Because of the volume you gave it to them. They weren't
and then but what if you give a person Zakat here they are rich and when they become poor on IRS account due date. Can you say yes they were not deserving when I gave it to them, but now they are deserving and it is my due date. Now you can because of the time you gave it to them so what matters is the time you gave it a while if you give people a lot of money here a lot of money here and on your account dude, he calculate here his account and your account is zero.
And he gave already like for a lot of money. What can you do?
You can take it back, but you can shift it to next year or over the next year. Next year. What if you have zero here? That's it. It's your hobby and it's not your last
you gave money for the sake of Allah and saw like it they weren't in the hereafter.
Then the see accept
Hello savarkar ella Bella didn't observe a Salah Illa Allah damania who have a better idea.
It's not allowed to transport charity or is okay in this context, to a faraway place where it becomes permissible to shorten the prayer. Unless one does not find anyone who deserves it in his own area to take it. And this is the last masala here about giving the zeca
faraway place where he can shorten
the Salah is let's say 50 miles away 50 miles away,
is considered far away enough in the madhhab to shorten your solo
in general, aside from the Maliki's the handbag, the HANA fees, and shafa is hand hand bellies, they tell you that your account has to be paid in which place where you live
or where your money is.
Know where your money is. Yes. So because that is the place that is deserving, this is where you're investing your money. So and that that is completely consistent with his logical and very consistent you know,
so if you if you if your money is in Dallas,
and you live in New York City
who would live in New York City his money in those I don't know, but some people
but if that is the case, your money is in Dallas, you live in New York City, Dallas is mountainous, deca is the place where you need to pay yours again. According to them, the magic is 70 New York City
but according to the majority, the clear majority you will give yours a cap in where the money is, what are the assets, there's a cap table assets are you know, you have your massage your farm in a place, you have your livestock in one in a village and you live in a nearby village, you give yours a cat in the village with that where the livestock is, these are the people that are seeing those cows or those cattle coming back and forth every day. And they have some expectation. Okay. So that is now that you need to give it in Dallas, the sheriff is saying here 50 mile radius 50 mile radius,
not not 50 mile radius, you know, so if Dallas is here,
a 50 mile radius
so 50 mile radius
you could give yours a cat
in Dallas or within 50 miles from where you live within 50 miles from where you live, you can give as a cat to people here.
unlikely, but keep in mind, it may be your you whoever said that you give yours a catch where you are because that is what we sent into the catholic church because the Catholic for you give it wherever you are right or wrong.
Not where your money is where you are. Because it's not as a Catholic man. It's not as a Catholic those assets is this Catholic retinas binding on your individual on your person. It's not binding in the money binding on the person that was you know, and everybody have their independence. So the capital factory will give it where you reside, but a capital man, you will give it where the man is, where the assets are. Can you give it now? Can you send it now to
Can you send your account to Jakarta
if we have
deserving Muslims here, deserving Muslims a year you cannot send it to Jakarta, according to Malik safai an argument
if we have deserving if we do not have deserving Muslims here you can send it to Huawei. According to all of them
consider way according to all of them if we don't have deserving Muslims here to take this account.
If so there are two points of consensus here.
First consensus is the priority of the local neighborhood nearby. The priority of the nearby people is by consensus. Second consensus. No one is deserving in your area. And within the 550 mile radius, no one is deserving. You can't you can send it out because this is one of your multiple momentum I had this nation of yours is one nation, you could send it away.
What if What if you have deserving Muslims here but more deserving, which is the case, you know, that everybody talks about? more deserving elsewhere? more deserving elsewhere?
And the more deserving here is based on need and married, need and married.
So an email or honey for sad?
If you have more deserving people based on need, they are poorer. based on merit, they are students of knowledge, for instance. So they they're hoping the honor by dedicating their lives to seeking knowledge
or you have relatives and they are outside of this your area, you still could send the money to them.
You still could send the money to them.
And then so you ask him for money for whatever they are not more deserving. I have deserving here and I have deserving here.
deserving deserving, not more deserving, deserving deserving? He will tell you give it here, but if you give it here,
it is still okay.
It is the only dislike
to give it away. If they're equally deserving. For the job more, it is harder
to give it here. If they're equally deserving, I have to give it here inside your area.
So anytime a law shows the position of Imam Abu hanifa, particularly, but not, not the position of Mr. De for that would be this. Like he said it would be prohibited to give it away. But he chose a position of Jamba honey for that if you have more deserving for relatives, you could send that to them. If you have more deserving people, like people impressing me then, you know, or more deserving poor people or relatives, you could send the money to them, even if you have deserving people in your area.
And that is so that would be like what in the man's have chosen by me.
Certainly it is the hanafy position. But the majority would still say
as long as you have deserving people inside this circle, you need to give it to the deserving people inside the circle. The majority are saying Fatima man a lot of thought about am South Africa. in agony I am fed up dollar for him. When the Prophet sent more as to a young man he said to him and then if the wife and the agree and the follow obey you concerning this Allah then let them know that Allah have made obligatory on them. Santa Clara charity, which is the mandatory charities a cap to have them in agony I am that will be taken away from their agony, the rich among them, for Toronto, Allah for Cora, him and given back to the poor among them. And in the sense of the local people
having a priority. This is an agreement. Remember hanifa does not disagree with us. Yes, local people have a priority, which is unlike Imperial systems, they they take the money from all the peripheries and they pour it into the center capital, you know, no, in Islam, no, we don't take the money from the peripheries, to the center, everybody, every locale, they keep their own money to
crime, you know, Amaro de la llamada jabya. I did not send you as a tax collector. And he used to remind his own man that I am not sending us tax collectors. I send I send you to teach the people about their deed and so on, not as tax collectors. So this is a matter of agreement, local people are more deserving by agreement. That question is
Whether we could send that away to more deserving people and other places based on need or merit and to our relatives and other places and it seems that the amount of honey fact could use
and we did say this before you know the fact that we're Muslims are one nation he may say that talk of Allah Managua in fact rajala Cora and taken from the rich man give them them he refers to Muslims, not Yemenis photographer cry man, but you know the Jew who would say obviously, he was sending him to the man and he was talking to them. So, it meant from the same people you know, the money will be taken from either he among you will given back to the poor among you, because of the weather it also makes sense you know, in a village to take the money from that village and send it to the next village village village, when you have poor undeserving people in village a, why did you
send it to village be
so that's that is that but what what we wanted to stress here is that there is a consensus about the priority of the local people consensus about the priority of the local people likely if you have more deserving pressing need like a tsunami and
earthquake or people are really deserving people are under siege people are those kinds of people that are more deserving
likely we we are okay to send out a democratic demo hanifa and the choice of Mira mala
likely is okay. But it should never make us collect all the money and send it over and ignore the local need it right from from this discussion? Does it make sense to ignore the local need it does not really make sense to ignore the local need. Because whether you say it is haram to send it away or say it is suboptimal or macro descended away. Everybody is saying it is not
a good idea to ignore the local needs whatsoever.
That's it, the quicker the other stuff in rhodiola comes from economics. Sheila learns to where they can we actually did finish early today.