Fiqh of Zakat #4
Channel: Hatem al-Haj
File Size: 20.07MB
Fiqh of Worship – Zakat of Currency and Debt
So, today today inshallah we will have two chapters we will finish two chapters, and it seems that
we will be able to finish
the whole book of the cat
probably within three weeks.
So three more weeks
we have the cat of merchandise next and then the cat
The cat fit afterwards and
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
and that will be ads so
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.
Anyway, it's for mama Latin Melly
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,
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
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,
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,
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
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?
Yes or no? Yes. That's what some people said no, but but, but the vast majority of scholars said yes.
And and then
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
in one year,
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
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,
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
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
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%.
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,
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
below which you are not required to pay zakat. Now what if you have what if you have
it's 595 grams of silver, so you have
an 85 grams of gold.
So you have divided this by
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?
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.
But you know the stronger position in the Mazda, chosen by Mira mamula is that you have to pay zakat.
Why because 119 is one fifth of your nisab of silver and 68 is four fifths of Uranus up
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
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
is cash then
can you add cash then
to gold and silver to complete the nisab? Yes,
you add cash to complete then it's up. So, if you have
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
but you know it contemporary scholars, Medina alpha factor assemblies flatpak, atomies, you know, etc,
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
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,
that he surpassed you because he's not alive anymore.
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,
the precedence of the sell off and their
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.
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.
And in this case, the nisab of cash will be determined, according to the value of gold. So 85 grams of
24 karat gold, we did this calculation before and someone came up with a number it was about 3000
change, you know, a little bit more than 3000. So let's say 3000 3000 just for the sake of
simplicity here and practicality 3000. So, you have
what is 17 times three
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
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
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
and if there is
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
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
when the shakes as
well as the kettlebell Holly in my bathroom are delicious, they're malleable.
There is no as a cat on permissible
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
for use. Under the Maliki shelf is an honeyberries said there is no Zakat on jewelry that is for use. So, your silver
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
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.
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.
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
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
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
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
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
Columbia have a is
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.
No, but certainly it is a valid concept.
No Santa Sonata one that is a no like, I have them made I adore and beautify myself, for you all messenger of Allah
is a valid and essential concept by the way.
So then the Prophet sallallahu Sallam said to her,
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
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?
Well, they base their argument on, you know, the fact that this report is controversial.
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
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,
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,
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
this is beyond reason beyond moderation. In Xena.
If you want to adorn yourself, just do something that's a little bit more moderate.
Difficult, isn't it? Because really, if you want to be textualist, and you would have expected the home values to be here, like
Taking the hanafy seat, but it is completely different here. So
but if you want to be textualist then then you want to side with Mr. Mahoney
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
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.
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.
But if you have like,
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.
He mentioned having a bass he mentioned
jabesh. So is that we heard we heard that from five Sahaba I said have no armor themselves, they used to have some dependents
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.
But I would say that
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.
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 play soccer because they're little
but if you are