Fiqh of Zakat #3

Hatem al-Haj


Channel: Hatem al-Haj

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Episode Notes

Fiqh of Worship – Zakat of That Which Comes Out of The Land

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AI Generated Summary ©

The speakers discuss the importance of keeping confidential documents and maintaining confidentiality of information. They stress the need for everyone to agree on what is acceptable and what is not, as well as the importance of acceptance in certain areas of society. They also discuss the use of the Prophet's stance in litigation and the potential consequences of his actions in government. The speakers emphasize the importance of counting time and avoiding over-optimism in the context of rates and expenses, as well as the importance of giving a cutout to farmers and avoiding loss of crops. They also touch on the use of metal in various fields and the potential uses of metal in various fields, including metal mining. The segment ends with a mention of a cat and a knock ton.

AI Generated Transcript ©

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Just as if someone you know someone does not get the documents because we send these files by email. So, in

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the station of factor if someone is not getting the documents, please reach out to him and give him your email

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write it down and pass upon

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because also after this type of transactions you will be getting the fac B because fabric transactions I was not published yet. So you will be getting a PDF file of

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every chapter on weekly basis in sama

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Allah tala in his book and on the says here in this chapter under the book of Zechariah. That

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is the Catholic management a lot of the or the chapter on this account that which comes out of the earth or comes out of the land. And basically what comes out of the earth or the land is three things that come out of the earth or the land. One of them is plant crops. The other one is what

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metals in our mind metals, and the third one is treasure troves if you ever come across them, so, these are the three things you know, we will talk about us and we will talk about what comes out of the sea and some of the

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controversial issues. But but the three that are agreed upon, perhaps

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mind metals and treasure troves, Sherif Rahim Allah tala said huduma anonibet there are two types first plants because he will consider treasures robes and mind methods to be together one type

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of woman about first glance, he says for 30 What is a cat for 30 was the cattlemen who frequently have been was a Marine, you can work with the her if a foreign government or the rubella from the polio Rasulullah sallallahu wasallam Lisa, we have been one summer in most of the generations What are tomberlin sadaqa Hata biloba Hamsa

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as it is obligatory on plants for all grain and fruit that can be measured measured here means measure the by volume, measured by volume, not by weight measure the by volume, you can is different from using kale is different from Wesleyan kale is the measure is the measure by volume wasn't is the measure by a weight however, where we're doing the measurements by weights so that they could be standardized, they're easier and they could be basically translated into different measures in different countries that use weights not a volume to measure things you know the difference between a one liter and one kilogram

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you know one liter is a is a measure of volume, one gallon is a measure of volume or weight volume, liter gallon versus kilogram pound pounds, okay.

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So, he says

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the Calvin is mandatory on every grain and fruit that can be measured by volume and stored.

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If it comes out of his land,

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if this produced from the land and reaches five also, which is a different type of measure, this is based on the duration of the prophecy of xlm there is no charity or on grain or fruit until it reaches 5000 animals generations, no charity on green or dates until it reaches 500 and we will talk about the west or whisk which is that measure. Now, there there the first thing that we want to talk about here is so which plants are the cattle which plans are accountable?

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And here, you know, I have my own little inclinations. You know, veer away from my mouth have a little bit because

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have sort of sort of like new realizations

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the issue is that the difference between a developer honey founder Jim Morris

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In this regard, then you could say that the split is between email defenders or more because the do more despite the fact that we disagree among themselves on what is exactly is acceptable. They agree on the concept that certain things are not acceptable, particularly fresh fruits and vegetables, you know, the more the medication of berries Didn't they don't consider fresh fruits and vegetables accountable ematic is made a list of 20 things that are is accountable. The shafa is they say that anything that is non perishable,

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but staples or food are not perishable. And these particular differences will come back when we talk about trade ban when we talk about other issues as well. But the magic he said, You know that they mentioned they gave a list of things that are not accountable. There's alpha is these other these are food staples and they are non perishable than they are as accountable. The Hanbury said not necessarily food, but what matters here is you Callaway, it is measured by volume and it is non perishable, non perishable plants or non perishable produce or low produce is usually used for personal things, but it does not necessarily mean that but non perishable produce that is not that

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non perishable produce that can be stored and measured by volume, these are accountable, and then they will give you a list of what is acceptable and what's not the capital and so olives, according to the method, olives are not the capital because even though you store them, they are not usually,

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you know, it is not usual for them to be stored for long periods of time.

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And what do you agree on and that's something that you need to always start with, start with, you know, points of agreement, and then work out from that consensus. Sometimes the consensus in the middle is about you know, consensus sometimes is like on the two extremes, and then you work your way through the differences, but start from where they agree, where did they agree, they agreed on the four basic things that they must agree on, where the Prophet when the Prophet sallallahu Sallam sends Mahadevan a job at Abu Musab Ansari, to a young man, he said to them not to sada 11 having an armbar and hentai ear attack tomorrow is the baby don't take charity except don't take charities

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other meanings account here, don't take his account except from these four things, you know, barley,

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wheat, barley, dates and raisins, wheat, barley dates and raisins. So that's what the four things that they have to agree on. Most of them vast majority of them added corn to this because pretty much like them.

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But this is this is the point of agreement between the scholars and then they disagreed about other things, some extended them to like 20 items, some to more some give like particular prerequisites for something to be accountable, the number hanifa said any produce that comes out of the land that is that has some benefit. That was basically Hey, planted by humans, for their benefits, whatever benefits, you know, food, whatever benefits whenever you plant anything in the land, and then you harvest it or you pick it

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for their benefits, then that is the cattle to the man behind that is the capital to Alibaba honey. So why did they disagree? Why did they not save us and why did they say that? There is no as a captain fresh fruits and vegetables.

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Okay, that's a big discussion and I am trying to tell myself now to exhort myself and admonish myself to not waste the whole hour on this discussion, because you know, it has the potential of basically consuming the next one hour. But But, but the bottom line is, we have certain reports, we have certain reports, we have a report for instance, that is of controversial authenticity, where the prophet SAW Selim said laser productivity sada there is no charity, there is no as a cap binding on hotrod vegetables you know, as fresh vegetables. And, and then, we also have this hobbies were, which is that this this was controversial. This is clear, clear, clear statement, but this is

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controversial in terms of authenticity in terms of transmission. But then we have the other Hadith where the Prophet sallallahu Sallam said the mother and moosari don't take the care except from these four types.

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But then this one is

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It's more explicit, you know?

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No, I'm sorry this one is more authentic, but this one is called walk our tie in right, it is a particular incident, it is a particular incident that may have

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we call it terracotta. Which means that there may be some other reason why the Prophet sallallahu Sallam said this may be some other reason why he said to modern algebra, Musashi don't take the charity except from those four things. It is unlike a statement, it is unlike a statement that has like, you know, subject and predicate and clear statement later for the karate sada if the professor if this is traceable to the Prophet sallallahu sallam, then that you more will have, you know, just a clear evidence on their side, no discussion after that.

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But this one is weak in transmission. And if you don't accept to the transmission of this one, then there is room to basically talk about the implications of his command to Omu, Saraswati and modern agenda to say that you have to go knock on demand, there is there are possibilities here that the Prophet sallallahu Sallam did not want to collect, it does occur from those particular from other than those particular for particular items for some other reason.

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that had to do with CNN, that have to do with

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which is the place

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that has had to do the times have to do with the times and the Sahaba online reports that come from the Sahaba. But what are they about not taking the cap from who they are also in line with his statement to a woman Saraswati, but is it a particular incident that had that could have some

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basically other explanation other than being a defined Maxim, no charity to be taken from any produce, other than those four, keep in mind, even the American surveys are companies, they did not limit them to those four by theater analogy, they extended this to other things that to them seemed like those four and they try to brainstorm on what would be like the four types. And then the the, the one that he said that there are we see here a thread that connects all of those things, they are all measured by volume, they can all be stored, they are non perishable. The Shafi said they're all staples of food. The you know in the medic is basically enumerated the different types of

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over in other places, the medical mannequins also give descriptions.

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But But then, remember hanifa contemporary scholars, at least contemporary scholars would say, if we don't have that statement, that predicated statement later for Cobra wa t sadhaka, from the Prophet sallallahu Sallam if that is not traceable to the prophet SAW Selim, then we have basically the profits or something could have been acting in his executive capacity

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as like a can of worms.

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For sure, but but then that is also why as they have should be left for the greatest of all times.

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Because certain things, if we abused them certain concepts or certain principles, if we have used them, we can certainly walk away from the deed. So when is that when what the prophets are some of you acting in his prophetic capacity versus his executive capacity, versus his capacity as a judge? judicial capacity

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among Karachi talks about this, it has been accepted ever since the family therapy that

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not the concept itself did not exist before remember karate, but he's the one who formulated it.

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And it has been accepted thereafter by most of them. So these Yes, the Prophet sallallahu Sallam does sometimes act in his judicial capacity or capacity as a judge and sometimes acts in his executive capacity, or the capacity as a hacker.

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And that's why he said if you

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basically if you're manipulative in your, in your presentation of your case, you may deceive me and I may give you something that does not belong to you. And if I do that, I am giving you a piece of a hot piece of coal from the Hellfire, take it or leave it. So he's clearly saying here sometimes I work I act in my capacity as a judge. And in this case, you could deceive me if I'm acting in my capacity as a prophet, you can deceive me but if I lacked my capacity as a judge, you can

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you can see, so was the Prophet was adamant. He said this the model and the job of acting in his executive capacity. And these were particular circumstances because the Yemen or because of you know, the times, and these things could change those times are the contemporary scholars would say that they would say that the member Haneef, his position seems to be more conducive to equity and to attaining the objectives of the Sharia. Because why are we making a distinction, because nowadays, things could be easily stored, things can be easily moved around. And if this particular, you know, we may say that the prophet SAW Santa wanted to encourage people to plant fruits and vegetables,

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because this is Arabia, these things are very hard to keep in our store. And if we also impose the cat on them, or if we take the cash from them, that will be further discouraging people from planting those fruits and vegetables that the people need. So it was a way and there's a cap, the system of the cap does actually pay attention to this

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to these ends or goals, to basically encourage particular

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encourage particular economical endeavors, and discourage particular economic and attitudes. So systems capacity exists in consideration. So the Prophet saws Well, I'm saying this to encourage people to basically grow fruits and vegetables. Some of the contemporary scholars say this, and they say, since things are different nowadays, and since certain crops that are perishable could be a lot more profitable than crops that are non perishable, that it's more conducive to equity, that we think there's a cap from everything from every thing, like in our hanifa said, I didn't say any of them, right, because I'm very Mother, you don't take the cat

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from fruits and vegetables. But anyway that that is the discussion.

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Clear, okay. Next, the The other issue after what should we take is a cap from the other issue is the issue of nisab.

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And then he said if it reaches five also, and then he goes on to explaining what was his

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in terms of SARS, and in terms of, you know,

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different types of measures. He was from Damascus, he lived in Damascus, he was mcebisi. That's why he put them on McAleese. He was from Jerusalem, Allah liberated, and then he moved to Damascus.

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So, you know, certainly obviously, he would give you the the mercy measures, but for the sake of brevity and for the sake of practicality,

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and 653 kilograms.

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one kilogram is 2.2 pounds, you figure it out.

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The multiply by 2.2. You get them in pounds. But 653 the five also was

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is 60 SOS.

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One SA is four modes. One mode is the fill of your two hands, fill your two hands, multiply this by four, it becomes a song.

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Multiply the 60 by 60. It becomes a was some people

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say what socket is you know, you could anyway, it's easier to say what socket but it was. So 60 sauce

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was 60 sauce.

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Every wasabi is about what? So you have

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so five times 60 is 300. The there is some fraction here. That's a little bit controversial. What is it two point what kilograms manesar is the fraction is controversial. But anyway, five times 60 is 300 times two is 653 came from this fraction that's a little controversial, but 2.2 2.1 something anyway

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653 kilograms is the neighborhood.

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It is completely impossible to be completely exact about it. That is why a little bit of a difference. He should be cautious with a little bit of a difference, like 652.5 or something

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Okay. So, that is the nisab which is the capital threshold which is the socketable minimum, that is the socketable threshold the socketable minimum

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then the she accept where they will also rates now we will talk about the rates of the cat here we are double or shuru, female Sophia Mina Santa was to you. One is for luxury female Sophia be comforting cat the value one now, there's a cat that must be paid and that is 10% for that, for what what has been watered by rain or water sources that flow to the land without effort and 5% for what has been irrigated with efforts such as bringing water,

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by irrigation equipment or on the backs of camels, who are other beasts of burden, because the Prophet sallallahu Sallam said female Socrates were female Sophia would not have been not heinous for a large female sakata sama our you know, kind of a three and illogical female, Sophia but not at this form allows whatever is irrigated by rain by water that flows from springs or through the roots to you know, it has deep roots that gets the water from the ground from the ground water through the that's the after astray, is the one that gets the drinks the water through his roots. So, all of this stuff that does not require a great effort that does not require expenses, you know, would keep

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in mind, non annual expenses, non recurring expenses are not considered an expense are not considered expenses. So if you make channels to get the water to your land, that is not considered a recurrent expense. So if those challenges you make them one time, and then they work for the rest of your life, you pay 10%, not 5%. The expenses that are meant here are very current expenses with every crop. So the with every year, recurrent expenses, every time you irrigate the land, you need to use equipment, you need to use beasts of burden, to carry the water to the land and to sprinkle the water in the land.

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But if this is a one time expense, it is not considered an expense that will exempt you from the 10% and lower your rates from 10% to 5%. If you encounter recurrent, if you have recurrent expenses, then here's a capital drop from 10% to 5%.

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Keep in mind, you know that you know what truly, truly, truly like you know,

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when I talk to you about the fact of inheritance, and you know, I've mentioned this as someone who was talking about the fact of inheritance and Islam and the protection and the completeness of the fact of inheritance in Islam, and it's a law professor from

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the UK,

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from 19th century us writing about Mahatma Mohammedan laws of inheritance. And he said that this is something to marvel at, not only if you're a practicing lawyer, but just for your intellectual enjoyment. Just look at the system of inheritance, that is the most perfect, most refined, that we ever received from ancient times from antiquity.

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So but is not limited to this. You see all the laws within 13 years have the Prophetic Mission in Medina, all of those laws have been put together and communicated to the community you know, or to the society.

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That is miraculous. That is truly miraculous. You know, we can come back, just volume wise, is what he was. Forget about. You know what this professor said about the perfection and about the beauty and about the intellectual splendor and all of that stuff. Volume wise is miraculous. Volume wise is miraculous. Can you imagine one man within 13 years to put together laws about everything, you know, and hand them over to

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the next generations of Islam that is in and of itself miraculous volume wise, without even paying attention to the their the quality or their perfection.

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So the Prophet masala wanted

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Allah subhanaw taala wanted by this legislation by making two different faiths, for it as a Catholic, they recognize that

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there are the different expenses, certainly you're not going to be tailor this to individuals because no laws do this. And the law that theaters individuals is not a mall to begin with. He can't make laws that are customizable to individuals.

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But the laws will have to recognize to the, you know, as much as possible, the differences between people in different circumstances, different variables. And here, the law recognizes that, you know, agricultural endeavors are not all the same when it comes to expenses, and it comes through effort.

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Okay, so 10% and 5%, what about if it is half of the year and half of the year half of the year you irrigate by rain and half of the year you need to get the other to your,

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to your man, by equipment or by beasts of burden? Or do you do

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7.5% Yes.

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But what about if it is like eight months and four months or not eight months is the season you know, like 60% of the season.

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You're irrigating by rain 640 percent of the season, you're irrigating by

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what whatever is, you know, hit here, whatever is

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whatever will contribute more to the growth of the plants and flowers. And

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so axon and whatever is what contributes more to the growth of the plants, you will be considered to have this side 10% or 5%, if it is not like half and half. But then like at 20, whenever we're growing, it's not about time, it's about the effect on the growth of the plants. Then the chief said whatever better sallahu temporary for for summer,

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was that don't have water, but the cup becomes obligatory when the fruit appears ripe, and the grain has matured.

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Ripe is is variable, ripe means ready to be consumed, and ready to be consumed. Sometimes in certain types of produce, it is about the color and certain types of produce, it's about the consistency certain types of produce, it's about the taste. So whenever they're ready for use, that is what this means. And that is when does occur becomes obligatory, what does it mean? There's a cap becomes obligatory. So what do we mean by this, that, you know, stuff now is still in the field.

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You can imagine that this would be what corn, okay?

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The corn now is still in the field,

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So you can imagine that this is then now in the field, but it's ready to be consumed, ready to be consumed. Okay guys, now obligatory whatever, whatever it means, what it becomes now binding, but it does not become finally binding in the hand very massive until you take it to the silos

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or you take it to the storage places, you move them to storage places. What about from here to there? What Why do we have two different times binding when they arrived? Finally established the obligation of the guy when you take them here? So what about someone who lost his crops here lost his crops here by negligence, like a negligent farmer who lost all the crops here or buy like a natural calamity beyond his control, before the became right before they became right. How much is the currency need to pay nothing, because they cannot become binding gear. They cannot become binding gear. Now we're now this became ripe, ready to be used,

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ready to be used right ready to be used or consumed.

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And now

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Because of your negligence

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or because of just like whatever,

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recklessness anything

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you lost your crops.

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What is what how much is the cap?

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You'll have to physically

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know I said negligence or recklessness, negligence or recklessness.

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What about if you're negligent or reckless here after you took the stuff to your silos, you're negligent or reckless and you lost your crops, well obviously if the everything if it is if you're liable here then you must be liable there as well because this is now finally established, okay. The difference here is what about if a calamity befalls your crops before the calamity befalls you perhaps here Nothing is binding on you. calamity befalls your crops here after they are ripe.

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After they arrive by calamity befalls the crops before harvesting or picking and before taking them to their storage place. Nothing is binding you know, it's like a calamity befalls your crops here, you have to base again because the cap now became finally established, you should have given it out to the poor, immediately, you know, any delay, you're responsible. Finally, finally established here when they reach their storage places your silos, the failures occur has become finally established, you lose them after going into your silos

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for any reason, you have to pay a visit cap it's a debt that you owe to Allah.

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Okay. So, that is the thing about the obligation of his account how it is two tiered and the family must have

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when they arrive, and after you take them to the storage place. And then the sheikh said when I open it will have

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a llama software, wallet famara

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ilaya visa, he does not want does not set the grain aside as payment until it has been thrashed. And likewise, you know, the

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the what the patient

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what is

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the pill or something, not every pill, but the removable pill, whatever is fresh, you know, the, the grains have to be thrashed, before you give the gift as a cut out.

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And the fruits also have to be dry. So you give this account out in the form of he gives us a calf out because you don't want to give this why is this because you don't want to get you know don't give this a calf to the poor people and they have to do the work for you you have to do the threshing they have to do the dry because if you give them ripe dates for instance he gives them right data are gonna do with this they have to eat all the stuff now. But if you dry them or you dry the grapes make them raisins, then the poor people can keep them for keep the stuff for months or without needing to do it themselves. So you need to basically give us a cutout delivered as a

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capital for people in a form that would suit their needs, the storable stuff.

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Who there are certain nuances here are certain nuances. What if What if

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you sell the you sell the crop before you harvest it?

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You already sold it. You already sold it.

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Can you give or

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hand there are the other scenario also when you have certain types of grapes that don't become raisins. Don't turn into raisins. For instance, when what do you do with those. So in the hands of animals all the time, you will have to give dates, dry dates or dry raisins according to the authorized position. According to a less popular position chosen by vinita Mia Rahim Allah, if you sold it, you can give 10% of the price that you collect.

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And you don't have to go out of your way to buy dates. And if the reasons Do not turn if the grapes don't turn into raisins, you could give us a cat out in the form of grapes. Because these what this is whatever I have, this is my crop this

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Whatever I produce, it doesn't turn into raisins. So I will give them percent of it in the cap in the form of grapes.

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When he said well as a capital V my xe boohooman McGahan hub your summer Well, after lockout, I will look up. We talked about earlier 100 on the Hassan II, there is no Zakat on what one collects of the permissible for public use grains, or fruit that grows in the wild without cultivation.

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For items that have been found, or picked up, or wages for harvesting, wages for harvesting,

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all of this is dependent on the time of obligation, the time of obligation is here, this became ripe. Now whoever owns at this time, whoever owns the crops at this time, when the obligation who became buying them

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

is the one who's responsible to pay there's a cap. Now, after they harvest the crops, if someone collects the grains on the ground, and collects a lot more than five out of from off the ground. More than five hours off the ground, knows a cat on this person. Because there's a cap has become obligatory here, but became binding here.

00:36:28--> 00:36:31

So whoever owns at this time is the only one responsible for Zika.

00:36:33--> 00:36:49

Afterwards, you're not responsible for Zika. Also, if you know you help in the harvest thing, and the landowner tells you, I will give you an exchange for your efforts. I will give you six

00:36:51--> 00:37:06

which is more than Minnesota. GOP is a cat on the No, because only the owner of the crops at the time the crops became ripe ready for consumption is the one who will have to pay zakat.

00:37:07--> 00:38:00

Then the chief said what are you done musen fundamental hobby what was summer elevate, he took me to the sub for in Ghana's infant, hidden Metallica and work more for fizika tomorrow monetary fare, one kind of grain or fruit does not get added to another to complete on a sub. However, if there is one kind that has different varieties, like the various sorts of dates, there would be a cap on it. And that's the sort of the concept of the genre and the species and you know, the French stuff. So if it is one gins, if it is one Jameson but different types within the same jeans, like different types of dates, you add them up. And if that if they're in if they are in their entirety, more than five

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

hours up, you give this again. But if you have if you split your land up between different types of crops, and you have four hours of updates, for our stock of grapes, for our stock of corn, for our syrup of barley,

00:38:22--> 00:38:35

you give it as a cat because you have 16 also, No you don't, because every type has its own different muscle, every genes has its own different muscle.

00:38:37--> 00:38:45

So and then he said, we'll have a German call in our nzqa, who inaccurate the day the nanobody just what

00:38:46--> 00:39:45

one must base a cat from each kind. If one pays a good kind as a cat for a bad kind, it is permissible, but not vice versa. And one would deserve any word from Allah like a reward in the Hereafter, or any word in the hereafter. So you have different types of dates. And you have like for four hours of this type of date, three hours of that type of dates, two hours of the type of dates. And like he said, it is preferable that you give 10% of the four out of five a type 10% of the three ounces of type B and 10% of the two hours of Type C However, if that's too much of like a hassle for you give whatever you need to give 10% of the total out of one type. However, that type cannot be

00:39:45--> 00:39:59

the backside has to be the good type. If you must do this and then you get a reward from Allah. I mean, if you wanted to do it fairly and you want to do it equitably, completely, that's fine. It's up to you 10% of this 10% of that.

00:40:00--> 00:40:33

In prison, but if you want to give, there's too much of a hassle and you want to give how to one type. It's obvious that Allah said when I say have normal hobbies I mean we don't frequent or lessen the activity, a lot of middle fee that you don't give out of your bad crops for charity, you give the poor continental Vera Coleman Metro board, you know, you will not have better or righteousness, virtue and 30 spend out of that which you love out of that which you value.

00:40:35--> 00:40:48

Okay, now we're done with the second set of plans. Next, the sheriff is talking about my iron ore metals, mined metals and now authored in Madden. Madden, you know, the network admin is what

00:40:49--> 00:40:57

means Arden here means what? stability establishment settlement, it's a place of settlement. So

00:40:59--> 00:41:07

Madden is called Madden because it settles in the ground it is settled stablished in the ground. That is why it's called Madden

00:41:08--> 00:41:28

is isn't necessarily a metal or not that is what we will discuss here. The chief said for monosaccharides I mean maddening Mesaba means that I will fit the nappy metal who that is why I will I will suffer I will have it I will highly value whoever extracts on itself of metal

00:41:29--> 00:41:38

of gold or silver, where our value equal to the this nisab in precious metals such as coal, copper,

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

antimony, you know,

00:41:43--> 00:41:48

an iron must face a cat on it must have a cat on it.

00:41:51--> 00:41:55

The magic is under shafa. He said only golden silver.

00:41:57--> 00:42:03

The Hanafi is took a step further than them and said all impression impressionable metals

00:42:05--> 00:42:08

that can be cast, impressionable metals that can be cast.

00:42:09--> 00:42:16

The hand berries went out all the way and said everything that comes out of the land that does not belong to the

00:42:17--> 00:42:33

nature, usual nature of the land, not sand, not rocks. You know, anything that is in the land that does not belong to the surrounding land is sort of the natural

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

sort of

00:42:36--> 00:42:52

substance of the land is the capital, whether it is gold or silver, or impressionable metals, or even liquid stuff, anything. Anything valuable that comes out of the land? Depends on

00:42:53--> 00:42:57

it, don't you love the hammer is that really because that really is

00:42:58--> 00:43:00

also like a more cluster, the type of

00:43:02--> 00:43:18

understanding. So anything that has value, there is no reason to make a distinction between something and something that is more profitable, you know, between something just just because it is impressionable and are impressionable, just because it's gold and silver, what if it is more profitable.

00:43:21--> 00:43:31

Because if the Prophet is the one who made the distinction, we say Santa Ana, if the Prophet did not make the distinction, then we use our reasoning here.

00:43:32--> 00:43:37

logical reasoning is really, really, really important.

00:43:38--> 00:43:47

Just after understanding this, because once you give up your reason, you've just given up too much he will be a loser.

00:43:50--> 00:43:50


00:43:53--> 00:43:59

It is so then then, then you understand this disagreement, right?

00:44:01--> 00:44:22

So anyone who owns any extracts anything from the land that does not belong to the land, will have but this these are private entities, private entities, because we're gonna be talking about who is liable to pay the cat we said private entities, you know, individuals are liable to pay these accounts.

00:44:26--> 00:44:46

And then the chief said whether you agree to elaborate a sub key artisphere account is not to be paid until after it has been cast and refined, cast and refined because again, you don't give the poor people stuff that he just got out of the land and has not been, you know, they don't know what to do with it. So

00:44:48--> 00:44:54

bought a circuitous fee, you estimate that this is the amount that needs to be given out.

00:44:56--> 00:44:59

When I say one more john Wallenberg was semuc. Well

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

Say a few men say the barrier. But what if you say and men say that very well, but there is no as a cat on pearls corner amber or fish, or on what is hunted on the land or fished from the sea. There is another important embedding madlab, which we may also like, and that is like abusive report that would make Zakat binding on amber Cora, whatever it is that's come out of the sea, they are stem as a capital, you could say that, you know, as a capital because there is nothing that came from the profits or somehow involved in, but what's the difference between sea and land, you could say that sea air requires a lot of Mohatta risk taking.

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

And then the reason why it is exempt from Zika, according to the former's I have authorized the view of the form of him is that, you know, the precious

00:45:56--> 00:46:10

precious metals and stones that come out of the sea or naza capital, but it is one reporting habit that is not authorized if you hand it is the position of the member abuse of the disciple of a man behind you. So

00:46:12--> 00:46:21

anyway, some controversy here. But every site could try to support their position with rational reason.

00:46:25--> 00:46:30

But certainly, like whatever you hunt is not any fish is not the cattle.

00:46:31--> 00:46:39

And then finally, is that clear? Now, keep in mind that in our hanifa, remember hanifa considers

00:46:45--> 00:46:58

because we didn't talk here about the sub, he said the sub sub is what the sub is equal to the sub of golden silver. So if the value of the metals that you extracted from the land value of the metals that you extract from the land,

00:46:59--> 00:47:05

in one attempt, or for from one on earth in one attempt without disruption

00:47:08--> 00:47:20

is equal to 85 grams of gold is equal to 85 grams of gold, that is the capital according to the honeyberries according to the HANA fees, according to the HANA fees,

00:47:21--> 00:47:33

it is compatible whether or not it reaches 85 grams of gold. Well, if you get the amount that is equal to 70 grams of gold out of the line, the hanafis will tell you the capital,

00:47:34--> 00:47:37

the capital, and the HANA fees will tell you 20%

00:47:38--> 00:48:26

not 2.5% honeyberries 2.5%. Just like the medic isn't sapphires, because they say it is just like golden silver. If gold and silver are usually 2.5% metals are like gold and silver. And so for the Hanafi say no, this is just coming out of the land, you will pay to put 20% now, and if you keep the gold and silver next year, you'll pay the 2.5% but since it just came out of the land, it is 20% Why? Because their understanding of the Hadith of the prophets of Solomon Frederick as a homos hero requires meaning treasure troves to the moon, it means to the hafeez anything that comes out of land, any valuable thing that comes out of the land, then, homos, which means 120 percent is

00:48:26--> 00:48:59

binding. So the HANA fees took this to mean that anything that comes out of the land, not just treasure troves, but also mind methods, the demorest have no mind metals are nothing like thriller tropes. treasure troves is someone is looking for stuff and then he like dig a little bit and you find like a treasure. So 20% but mind metals is requires a lot of effort requires a lot of work to mine those metals, then there's a cap binding on them is 2.5% encourage those in economical endeavors.

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

You know, searching for metals and stuff like that.

00:49:04--> 00:49:10

And then the chief said, well, Frederick acid homeless, no one can mean a man

00:49:11--> 00:49:33

or woman who must live will say, whether P. Diddy does a cat on buried treasures, from the pre Islamic period of ignorance is one fifth of what is found, regardless of what kind of property it is, whether it is small, or large. NML its recipients

00:49:36--> 00:49:43

are the same as the recipients of the war booty gained without fighting and fake war booty gained without fighting.

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

And the rest belongs to the one who finds it. So that masterful fire is everything. He said he delights everything in the cause of Allah subhanaw taala so you can build bridges through anything from

00:50:00--> 00:50:21

muster different faith. But first, what is a recast the prophet SAW Selim was approached by a man who found the treasure and the Prophet sallallahu Sallam said to him magetta who ficaria in the school nothing fara Formosa topia, Coronavirus, kunafa, Frederick Azur homos, whatever you find in a land that is inhabited is then announcing announcing

00:50:23--> 00:50:34

and we will talk about this in the section of financial transactions for financial transactions in detail, because there is a chapter for lopata in the financial transactions for now,

00:50:35--> 00:50:48

we will not talk about this in detail, but it has to be announced for a year before you acquire it before it becomes yours. But, but even if the owner rightful owner showed up later, you will still have to pay him.

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

But, he the profit center, if you find it in a land that is inhabited find it in town when he announced it, and if you find it online that is not inhabited. But the scholars also added that it has to indicate it has to show that this is a treasure from the time of day hid a

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

treasure from the if it has any indication that this is from the time of Islam has to be announced. Because if it is, you know, find somebody who owns it, who will claim it. So, if you find the treasure trove, then the profits are sometimes at a fee for fear of reprisal foremost then 20% one fifth to 20% is binding the binding Elian,

00:51:36--> 00:51:50

the Hanban is agreed here that there is known as law there is no minimum there is no as a cap threshold. Only time when there is known as up in the Hanbury Meza is what

00:51:52--> 00:51:55

the only time when there is known as solvent embedding as well as what

00:51:56--> 00:51:57

treasure troops

00:51:58--> 00:52:38

and the Hanafi is the also activists mind metals. But in the Hanbury must have only the only time is treasure trove, because they figure you know the whole list say you just you're looking you're playing in the sand and you found like 60 grams of gold. You know that 20% goes to charity, because it's to show gratitude, it's a minute from Allah like you're just playing in the sand and so that is why they don't require the sub for this and that is why there's a cap rates are extremely high 20% will have to go to charity here

00:52:40--> 00:52:53

and that's it. I guess we're done with this and next time inshallah we will have the cat of a knock diner, there's a lot of currency which may be more of more practical sort of use for you.