Hatem al-Haj – QWD021 Coherence of Sharia 016 Exceptions Under Maxim 1

Hatem al-Haj
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The speakers discuss the importance of considering intentions and moral integrity in building structures, while also emphasizing the need for intentions and moral integrity in building structures. They stress the need for intentions and the need for moral integrity in building structures, as it is crucial for actions to be considered. The speakers also discuss the use of certain words in divorce cases and the importance of considering the actual reality when evaluating actions and behavior. They stress the need for explicit statement in divorce cases and the importance of not being liable for a legal action. The speakers also touch on the importance of maintaining neutrality in the situation of a woman who is in a waiting period and is not allowed to go back to work.

AI: Summary ©

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			Bismillah, alhamdulillah, wa salamu ala rasool Allah, wa
		
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			ala alihi wa sahbihi wa ala walathumma amma
		
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			abad, to proceed.
		
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			So today, inshallah, we will finish al-amur
		
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			bi maqasadiha.
		
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			Matters are judged by their intentions.
		
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			Matters are judged by their intentions.
		
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			Inshallah, we will finish this qa'ida today.
		
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			And if you remember, you know, the book
		
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			is four sections.
		
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			One is al-muqaddimat, introductions.
		
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			The second is the comprehensive major legal maxims.
		
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			The third is the minor, I guess, legal
		
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			maxims.
		
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			Not the major ones, not the five, but
		
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			the other ones that are major in their
		
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			own right.
		
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			But we call them minor in relation to
		
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			the five major legal maxims.
		
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			And then the last section will be about
		
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			da'abat al-fiqhiyya, the regulators.
		
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			Regulators or da'abat would be limited in
		
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			application, much more limited in application.
		
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			They may regulate the rulings within one chapter
		
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			or one particular subject matter.
		
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			So they are much, much more limited in
		
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			application.
		
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			So we're in the second section of the
		
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			book.
		
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			We're in, you know, the most important and
		
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			the largest section in the book, which is
		
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			the major legal maxims.
		
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			The most important of them and the largest
		
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			is al-amur bi maqasadiha.
		
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			And that is what we will be finishing,
		
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			inshallah.
		
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			Therefore, I am hopeful that the following ones,
		
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			the four other legal maxims, will not take
		
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			as long as al-amur bi maqasadiha.
		
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			They are still huge, you know, al-yaqeen
		
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			la'zul bishak, la darar wa la darar.
		
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			You know, these are huge, but still not
		
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			as big as al-amur bi maqasadiha.
		
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			So let us finish al-amur bi maqasadiha,
		
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			inshallah, today.
		
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			And even if we have to stay like
		
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			five or ten minutes over the time, then
		
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			that should be okay, inshallah.
		
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			So today we'll talk about exceptions from the
		
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			qa'ida.
		
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			Because, you know, remember we've talked about the
		
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			concept of exceptions before, exceptions from the qa
		
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			'ida.
		
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			And that's the difference between a faqih and
		
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			a non-faqih.
		
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			A faqih and a non-faqih is only
		
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			concerned about what is in front of their
		
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			eyes, you know.
		
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			And they may be only concerned about one
		
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			particular hadith or one particular ayah, or even
		
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			one particular qa'ida.
		
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			And not keeping in consideration the rest, the
		
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			rest of the ayat, the rest of the
		
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			hadith, the rest of the qa'id.
		
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			So al-istithni'at are not istithni'at.
		
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			They are exceptions, not in the sense that
		
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			al-qa'ida is not muttarida.
		
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			Muttarida, you know, means consistent.
		
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			The qa'ida is consistent.
		
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			The qa'ida is muttarida.
		
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			However, the istithni'at are there because of
		
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			some other overriding proof or overriding cause.
		
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			You know, cause of departure from the qa
		
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			'ida.
		
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			Whether it is another qa'ida or whether
		
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			it's text of revelation.
		
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			Whether it's text of revelation or whether it's
		
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			another qa'ida.
		
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			So, let's start with the istithni'at or
		
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			the exceptions.
		
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			Mustithni'at, istithni'at, exceptions.
		
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			Imam Suyuti rahimahullah said the intention of the
		
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			speaker, Imam Suyuti al-Shafi'i, he says
		
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			the intention of the speaker governs the meaning
		
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			of the speech.
		
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			The intention of the speaker governs the meaning
		
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			of the speech.
		
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			Do we agree with this?
		
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			Yes, we do agree with this in the
		
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			madhhab except for the oppressed, the wronged.
		
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			I'm sorry, I'm sorry.
		
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			I should have finished his statement.
		
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			So, the intent of the speaker governs the
		
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			meaning of the speech except in one case,
		
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			before the judge.
		
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			So, this is in agreement with the madhhab
		
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			except that even before the judge, we consider
		
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			the intent of the speaker in one scenario.
		
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			If the speaker is oppressed, if the judge
		
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			is tyrannical or the system or whatever, and
		
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			the speaker believes clearly and with certainty that
		
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			they are oppressed, in this case, they can
		
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			take the oath and use equivocation or whatever
		
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			it is to not subject themselves to oppression.
		
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			So, it's very tricky and certainly people who
		
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			will abuse this, you will say that people
		
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			will abuse this, and you will say that
		
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			I'm actually a little bit more comfortable with
		
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			the Shafi'i principle because who guarantees that
		
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			people will not abuse this?
		
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			Well, abusive people will abuse anything.
		
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			Abusive people will find a way to, you
		
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			know, do their own wickedness and mischief.
		
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			So, these qa'id are for people who
		
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			are sincere and for people who have moral
		
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			integrity.
		
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			People who are not sincere, people who lack
		
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			moral integrity, they don't need a qa'id
		
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			basically to get off the hook.
		
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			They are not waiting for your taq'id
		
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			or qa'id to refrain from their injustice.
		
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			Okay, so then previously we discussed what actions
		
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			do not require intention.
		
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			So, one of the mustathnayat that we may
		
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			discuss is what if you build a masjid?
		
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			We said maqasadallahu ta'ala riyatal laafiz.
		
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			We said al-umur bi maqasadiha.
		
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			The matters are by their intentions.
		
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			What if you build a structure looking like
		
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			a masjid and allow people to come in
		
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			and pray and then say I did not
		
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			basically make a waqf of this building.
		
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			This building is still private property.
		
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			You know, after a couple of weeks, after
		
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			a couple of months, a couple of years,
		
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			you're saying this building is a private property.
		
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			Don't think that this scenario is far-fetched.
		
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			This scenario does happen in reality.
		
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			What are we going to do?
		
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			You actually have never said that this building
		
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			is waqf.
		
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			You just built a building that looks, resembles
		
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			the structure of masjid and allowed people to
		
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			come in.
		
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			Or you basically raf'at al-adhan, you
		
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			know, called the adhan.
		
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			Or you appointed someone to lead the people
		
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			in prayer.
		
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			Or you led the people in prayer.
		
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			You've done all of that, but you really
		
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			didn't intend or you are claiming that you
		
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			did not intend to make this property a
		
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			masjid.
		
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			We will disregard your intention.
		
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			Why are we disregarding your intention?
		
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			Because the intention, as Imam Ahmad says, is
		
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			about that which is unclear, not that which
		
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			is clear.
		
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			And all of your actions are pointing to,
		
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			you know, one direction.
		
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			So we will consider these actions stronger than
		
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			your intention.
		
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			And for an added factor as well, so
		
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			this is one cause that the actions are
		
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			too strong to be neglected, too strong to
		
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			be overlooked.
		
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			You know, you're building a structure that looks
		
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			like a masjid.
		
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			You're allowing people to come in and pray.
		
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			You're basically calling the adhan, appointing an imam,
		
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			and then you're saying that this is not
		
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			a masjid.
		
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			It's private property.
		
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			We will not take it because your actions
		
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			are too strong to be overlooked.
		
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			And because of the sanctity of the masjid,
		
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			the sanctity of the masjid.
		
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			Now, conversely, if someone intends marriage, but this
		
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			is according to the madhhab, so if someone
		
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			intends marriage and uses whatever, you know, terms,
		
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			other than the proper terms of marriage, the
		
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			proper terms of marriage, we will disregard their
		
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			intention.
		
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			In the madhhab, we've said before that Imam
		
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			Taqiyyid ibn Taymiyyah said the marriage is valid
		
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			regardless of how they communicated their intent.
		
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			The marriage is valid if the intended marriage,
		
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			regardless of how they communicated their intent, if
		
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			that communication is customary.
		
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			And then he says that the context also
		
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			matters.
		
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			So if people invite family members and have
		
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			a celebration and then exchange whatever words they
		
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			come up with for marriage, but in the
		
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			madhhab, going back to the madhhab, just train
		
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			yourself to go back and forth.
		
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			And this gives you a little bit more
		
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			plasticity in your brain because sometimes, you know,
		
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			people are just too rigid.
		
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			And that's the beauty of al-qa'id.
		
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			You look at different things at the same
		
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			time from different angles.
		
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			But going back to the madhhab, they are
		
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			saying that this is a sacred contract and
		
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			this contract lies somewhere between ibadat and mu'malat.
		
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			This is a different contract.
		
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			It lies somewhere between ibadat and mu'malat.
		
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			Therefore, the words of this contract are intended
		
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			for themselves.
		
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			The words for this, yes, maybe not as
		
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			much as salah and recitation of the Qur
		
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			'an, but they're still intended for themselves.
		
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			So how are we going to separate them
		
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			from salah and recitation of Qur'an?
		
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			Al-'ajiz, the one who's unable, we will let
		
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			him say whatever he can say.
		
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			The one who's unable to say zawajdu and
		
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			kahtu, we will let him say it in
		
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			their own language, in whichever way they're able
		
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			to say it.
		
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			And they don't need to learn it.
		
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			They don't have to learn Arabic so that
		
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			they can learn it versus the salah, you
		
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			know.
		
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			So somewhere between mu'malat, you know, where you
		
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			could use any words, you know, any language,
		
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			any terms, and ibadat where, you know, the
		
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			wordings are very strict.
		
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			So that's the point of the matah anyway
		
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			in requiring certain wordings for marriage.
		
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			Then, so which one is consistent with the
		
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			qa'ida and which one is not consistent
		
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			with the qa'ida here?
		
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			So which position?
		
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			The position of Imam Taqi al-Din is
		
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			consistent with the qa'ida because he's saying
		
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			still, whichever word, and the madhhab's position would
		
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			be an istithna.
		
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			And the rationale behind the istithna is marriage
		
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			is not like any other transactions.
		
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			So another exception includes divorce, marriage and emancipation
		
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			by jest.
		
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			So have we gone over this last time,
		
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			talaq al-hazl, you know, divorce and jest?
		
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			And we said we will count it against
		
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			them and that's the vast majority of scholars,
		
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			the very vast majority of scholars will count
		
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			talaq al-hazl, they will count the divorce
		
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			and jest because as we have said before,
		
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			versus sales, and we will not go back
		
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			and explain everything, but we said that when
		
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			it comes to these transactions, there are three
		
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			different views.
		
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			Some people say everything from the hazl, from
		
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			the one joking is invalid, you know, doesn't
		
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			count.
		
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			Some say everything valid counts.
		
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			Some say we will, and that's hambalis, we
		
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			will say the financial stuff is invalid, you
		
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			know, sales and financial contracts, invalid.
		
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			The family stuff, you know, marital contracts and
		
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			things of that nature, we will count it
		
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			against them because they should not be jesting
		
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			about those issues.
		
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			They should not be jesting about those issues.
		
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			So like we say, you should not be
		
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			jesting about disbelief, making jokes about God, or,
		
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			you know, his prophets and messengers and things
		
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			like that.
		
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			You should not be jesting about marriage and
		
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			divorce and these sacred contracts.
		
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			Then, so another one that may be an
		
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			exception, we said before, if someone says my
		
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			four wives are divorced, my four wives are
		
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			divorced, versus my wives are all divorced, but
		
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			he says four, can he then say I
		
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			excluded one of them?
		
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			No, he cannot because four is too powerful
		
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			for exclusions by niyyah.
		
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			Four is too powerful for exclusions by niyyah.
		
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			And if someone says the words of Zihar,
		
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			or says, you know, not the words of
		
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			Zihar, you're forbidden to me, for instance.
		
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			Then he says I did not mean Zihar
		
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			by this, but this is not as clear
		
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			cut because he's not saying to her, you're
		
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			forbidden to me like my mother or the
		
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			back of my mother, but he's saying, you
		
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			know, you're forbidden to me.
		
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			Now, if he comes and says, I didn't
		
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			intend Zihar, I intended, you know, talaq or
		
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			whatever, I mean, et cetera.
		
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			Would we basically accept that from him?
		
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			Two positions in the madhhab, the later scholars
		
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			said, no, we will not accept.
		
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			But, you know, it's very controversial, you know,
		
00:18:12 --> 00:18:17
			so this is not comparative fiqh, you know,
		
00:18:17 --> 00:18:19
			that's, this is Hanbali stuff.
		
00:18:20 --> 00:18:21
			So, but it's very controversial.
		
00:18:22 --> 00:18:26
			Anyway, finally, requiring an explicit and the beauty
		
00:18:26 --> 00:18:28
			of the Hanbali madhhab also is that you
		
00:18:28 --> 00:18:32
			will always have comparative fiqh because there are
		
00:18:32 --> 00:18:34
			always disagreements, you know, like over every issue,
		
00:18:35 --> 00:18:37
			even this issue, there are two positions within
		
00:18:37 --> 00:18:38
			the madhhab.
		
00:18:39 --> 00:18:43
			So, finally, requiring an explicit statement for divorce,
		
00:18:43 --> 00:18:49
			vows, or waqf, requiring an explicit statement for
		
00:18:49 --> 00:18:54
			divorce, vows, and waqf, is that an exception?
		
00:18:54 --> 00:18:59
			Don't we say, but why are we requiring
		
00:18:59 --> 00:19:04
			certain words in divorce, vows, and waqf?
		
00:19:05 --> 00:19:08
			In waqf, it would be certain words or
		
00:19:08 --> 00:19:12
			actions, but in divorce and in vows, it
		
00:19:12 --> 00:19:13
			would be words.
		
00:19:13 --> 00:19:17
			What if you vow internally to do something?
		
00:19:18 --> 00:19:20
			Is that a binding vow?
		
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			No, until you speak of it.
		
00:19:23 --> 00:19:25
			Why is this?
		
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			Because intention alone is not sufficient.
		
00:19:30 --> 00:19:35
			You know, so intention is part of the
		
00:19:35 --> 00:19:37
			pillars and conditions of the prayer or not.
		
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			But what if you just intend to pray?
		
00:19:44 --> 00:19:46
			We need your rakuh and, you know, fatha
		
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			and stuff.
		
00:19:47 --> 00:19:50
			So, that's the same concept.
		
00:19:50 --> 00:19:53
			We also need you to speak of these
		
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			words for them to be binding.
		
00:19:57 --> 00:19:59
			Words of divorce, words of waqf, words of
		
00:19:59 --> 00:20:00
			vows.
		
00:20:01 --> 00:20:06
			So, two subsidiary maxims serve as exceptions to
		
00:20:06 --> 00:20:08
			the major qaeda.
		
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			I want you to remember these two subsidiary
		
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			maxims.
		
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			The first one is, العبرة في المعاملات بما
		
00:20:17 --> 00:20:18
			في نفس الأمر.
		
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			Which means consideration in transactions is given to
		
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			the actual reality.
		
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			To reality.
		
00:20:26 --> 00:20:30
			So, when we say الأمور بمقصدها, we have
		
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			another concern also.
		
00:20:33 --> 00:20:33
			Reality.
		
00:20:34 --> 00:20:40
			We do not want to be unreal.
		
00:20:40 --> 00:20:43
			We want to respect the truth, the reality,
		
00:20:44 --> 00:20:45
			the external reality.
		
00:20:45 --> 00:20:50
			Because, so, two types of...
		
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			I'm not, you know...
		
00:20:53 --> 00:20:55
			So, hopefully this is not haram.
		
00:20:56 --> 00:20:59
			But this is a head of a person,
		
00:20:59 --> 00:21:00
			I guess.
		
00:21:01 --> 00:21:03
			So, and this is the brain.
		
00:21:05 --> 00:21:07
			It's so miserable when you have to explain
		
00:21:07 --> 00:21:08
			your drawing.
		
00:21:10 --> 00:21:11
			But this is a person.
		
00:21:11 --> 00:21:13
			This is the head of the person.
		
00:21:13 --> 00:21:16
			And, okay, this makes it clear.
		
00:21:17 --> 00:21:22
			And then the outside reality.
		
00:21:23 --> 00:21:26
			So, we have a reality here, a reality
		
00:21:26 --> 00:21:26
			here.
		
00:21:27 --> 00:21:28
			This is called mental.
		
00:21:28 --> 00:21:30
			This is your mental perception.
		
00:21:31 --> 00:21:33
			And this is the actual reality.
		
00:21:33 --> 00:21:35
			It's called external reality.
		
00:21:35 --> 00:21:37
			الأمر كما هو في الخارج.
		
00:21:37 --> 00:21:39
			In the external reality.
		
00:21:42 --> 00:21:44
			So, different expressions here.
		
00:21:44 --> 00:21:46
			العبرة في الوقود بما في نفس الأمر.
		
00:21:46 --> 00:21:49
			Which is, consideration is given to reality in
		
00:21:49 --> 00:21:49
			contrast.
		
00:21:51 --> 00:21:56
			And, الإمام ابن القيم رحمه الله combined two
		
00:21:56 --> 00:21:58
			قواعد.
		
00:21:58 --> 00:22:00
			العبرة في المقصد والمعاني.
		
00:22:00 --> 00:22:02
			والعبرة بما في نفس الأمر.
		
00:22:03 --> 00:22:05
			Consideration is given to intents and meanings.
		
00:22:05 --> 00:22:08
			Consideration is given to the actual reality.
		
00:22:08 --> 00:22:10
			He combined them in one قاعدة.
		
00:22:10 --> 00:22:15
			Where he said, الاعتبار في العقود والأفعال بحقائقها
		
00:22:15 --> 00:22:17
			ومقاصدها.
		
00:22:17 --> 00:22:19
			بحقائقها ومقاصدها.
		
00:22:20 --> 00:22:22
			دون ظواهر الفضيحة وفعاليها.
		
00:22:22 --> 00:22:25
			So, the consideration and contracts and actions is
		
00:22:25 --> 00:22:28
			for their realities and intents.
		
00:22:28 --> 00:22:29
			Realities and intents.
		
00:22:29 --> 00:22:32
			So, he's trying to combine between this and
		
00:22:32 --> 00:22:32
			this.
		
00:22:33 --> 00:22:35
			Intent and reality in the same قاعدة.
		
00:22:37 --> 00:22:41
			Rulings concerning validity, invalidity, and effects of transactions
		
00:22:41 --> 00:22:45
			will be based on القاعدة العبرة بما في
		
00:22:45 --> 00:22:46
			نفس الأمر.
		
00:22:46 --> 00:22:49
			You know, consideration is given to the actual
		
00:22:49 --> 00:22:54
			reality as it exists in itself, outside, externally,
		
00:22:54 --> 00:22:55
			outside your mind.
		
00:22:56 --> 00:22:57
			Externally.
		
00:22:57 --> 00:23:01
			So, the meaning of this قاعدة is that
		
00:23:01 --> 00:23:04
			legal rulings concerning the validity and invalidity and
		
00:23:04 --> 00:23:07
			the different effects of transactions will be dependent
		
00:23:07 --> 00:23:09
			on the actual reality.
		
00:23:11 --> 00:23:12
			Imam Ibn Rajab, may Allah have mercy on
		
00:23:12 --> 00:23:18
			him, in his 65th قاعدة said, من تصرف
		
00:23:18 --> 00:23:22
			في شيء يظن أنه لا يملكه فتبين أنه
		
00:23:22 --> 00:23:25
			كان يملكه قال وفيها الخلاف.
		
00:23:25 --> 00:23:28
			If someone transacts with an object they believe
		
00:23:28 --> 00:23:31
			they don't own, but it later becomes evident
		
00:23:31 --> 00:23:32
			they do.
		
00:23:32 --> 00:23:36
			There is a disagreement on the outcome.
		
00:23:37 --> 00:23:38
			So, examples.
		
00:23:38 --> 00:23:40
			Because examples make things clear.
		
00:23:40 --> 00:23:44
			So, you've sold your dad's property.
		
00:23:46 --> 00:23:48
			You've sold your dad's property without taking their
		
00:23:48 --> 00:23:49
			permission.
		
00:23:49 --> 00:23:51
			I mean, hopefully, you know, God forbid.
		
00:23:51 --> 00:23:54
			And then you discovered your dad had died
		
00:23:54 --> 00:23:56
			before the sale finalized.
		
00:23:58 --> 00:24:01
			If you sell your dad's property without taking
		
00:24:01 --> 00:24:04
			their permission, the sale is valid or invalid?
		
00:24:05 --> 00:24:06
			It's invalid.
		
00:24:07 --> 00:24:09
			It's باية الفضولي, interloper.
		
00:24:10 --> 00:24:12
			Basically, without permission.
		
00:24:13 --> 00:24:17
			Certainly, in the comparative world, it could be
		
00:24:17 --> 00:24:21
			valid based, you know, dependent on your approval,
		
00:24:22 --> 00:24:23
			dependent on the person's approval.
		
00:24:23 --> 00:24:28
			But then, what if your father had died
		
00:24:28 --> 00:24:31
			and you're the sole heir?
		
00:24:33 --> 00:24:38
			So, do we consider your intent at the
		
00:24:38 --> 00:24:41
			time that you're acting as a فضولي, interloper,
		
00:24:41 --> 00:24:42
			without permission?
		
00:24:43 --> 00:24:47
			Or do we consider the external reality, the
		
00:24:47 --> 00:24:47
			actual reality?
		
00:24:47 --> 00:24:51
			You were the owner of this property.
		
00:24:51 --> 00:24:53
			We will consider the actual reality.
		
00:24:54 --> 00:24:56
			We will consider the actual reality.
		
00:24:59 --> 00:25:02
			Also, for an agent, an agent does not
		
00:25:02 --> 00:25:04
			need to be aware that he is an
		
00:25:04 --> 00:25:04
			agent.
		
00:25:05 --> 00:25:06
			So, the same thing.
		
00:25:06 --> 00:25:08
			You know, someone acts as a فضولي and
		
00:25:08 --> 00:25:12
			turns out that he has agency, that the
		
00:25:12 --> 00:25:14
			person had given them power of attorney, agency,
		
00:25:15 --> 00:25:16
			and so on.
		
00:25:16 --> 00:25:19
			Will we basically consider the fact that you
		
00:25:19 --> 00:25:23
			have acted as a فضولي, interloper, without permission?
		
00:25:23 --> 00:25:27
			Or that you were authorized at the time?
		
00:25:27 --> 00:25:30
			We will consider the external reality, the actual
		
00:25:30 --> 00:25:31
			reality.
		
00:25:31 --> 00:25:32
			You were authorized.
		
00:25:33 --> 00:25:35
			If a man divorces his wife, for instance,
		
00:25:36 --> 00:25:39
			if a man divorces a woman thinking she
		
00:25:39 --> 00:25:41
			is a stranger, she turns out to be
		
00:25:41 --> 00:25:42
			his wife.
		
00:25:43 --> 00:25:45
			How could these things happen?
		
00:25:45 --> 00:25:47
			They happen.
		
00:25:47 --> 00:25:51
			So, if someone divorces a stranger thinking she
		
00:25:51 --> 00:25:53
			is not his wife, she turns out to
		
00:25:53 --> 00:25:54
			actually be his wife.
		
00:25:55 --> 00:25:59
			Are we considering his intent that he did
		
00:25:59 --> 00:26:00
			not actually mean to divorce?
		
00:26:01 --> 00:26:05
			He was just jesting, joking, divorcing a strange
		
00:26:05 --> 00:26:06
			woman.
		
00:26:07 --> 00:26:11
			Or do we consider the external reality that
		
00:26:11 --> 00:26:12
			this is actually his wife?
		
00:26:12 --> 00:26:15
			And he said to that woman, who is
		
00:26:15 --> 00:26:17
			actually his wife, you're divorced.
		
00:26:17 --> 00:26:18
			So, we will count it against them.
		
00:26:19 --> 00:26:20
			It's valid.
		
00:26:21 --> 00:26:26
			Validity of an action, also, in the قاءة
		
00:26:26 --> 00:26:30
			قولي النهى, it says, and if someone absolves
		
00:26:30 --> 00:26:35
			their debtor from a debt, what it says,
		
00:26:35 --> 00:26:39
			one absolves their debtor from a debt, thinking
		
00:26:39 --> 00:26:40
			there is no debt.
		
00:26:40 --> 00:26:43
			Turns out there is actually a debt.
		
00:26:44 --> 00:26:46
			Are they absolved?
		
00:26:48 --> 00:26:51
			So, that applies to the قاءة قولي النهى.
		
00:26:51 --> 00:26:52
			They are absolved.
		
00:26:54 --> 00:26:57
			Because in reality, there was a debt.
		
00:26:58 --> 00:27:00
			So, it becomes clear from the meaning of
		
00:27:00 --> 00:27:02
			the principle and its exceptions that we have
		
00:27:02 --> 00:27:06
			not, like in the Madhhab, prioritized wordings and
		
00:27:06 --> 00:27:08
			forms over intent.
		
00:27:08 --> 00:27:11
			Rather, we have given precedence to the external
		
00:27:11 --> 00:27:13
			reality over assumptions in the mind.
		
00:27:14 --> 00:27:18
			Thus, it constitutes an exception to the overarching
		
00:27:18 --> 00:27:21
			maxim in some respect, but not in every
		
00:27:21 --> 00:27:22
			respect.
		
00:27:22 --> 00:27:26
			So, this is this العبرة بما في نفس
		
00:27:26 --> 00:27:29
			الامر You know, consideration is given to the
		
00:27:29 --> 00:27:30
			actual reality.
		
00:27:30 --> 00:27:35
			Is it prioritizing or favoring words and forms?
		
00:27:36 --> 00:27:39
			Or over intents and meanings?
		
00:27:39 --> 00:27:39
			No.
		
00:27:40 --> 00:27:42
			So, what is the قاءة قولي النهى about?
		
00:27:43 --> 00:27:46
			The قاءة قولي النهى is about favoring العبرة
		
00:27:46 --> 00:27:51
			بالمقصد والمعاني لبل الفضو المباني That قاءة قولي
		
00:27:51 --> 00:27:53
			النهى is about what?
		
00:27:53 --> 00:27:57
			Favoring intents and meanings over words and forms.
		
00:27:57 --> 00:28:00
			So, when we say العبرة بما في نفس
		
00:28:00 --> 00:28:04
			الامر which is consideration is given to the
		
00:28:04 --> 00:28:06
			actual reality What are we doing here?
		
00:28:07 --> 00:28:08
			Are we violating the قاءة قولي النهى?
		
00:28:08 --> 00:28:09
			No, we are not violating the قاءة قولي
		
00:28:09 --> 00:28:10
			النهى.
		
00:28:10 --> 00:28:18
			We are showing respect to the truth which
		
00:28:18 --> 00:28:19
			most people fail to do.
		
00:28:22 --> 00:28:23
			But that's it.
		
00:28:23 --> 00:28:25
			We are showing respect to reality, to the
		
00:28:25 --> 00:28:25
			truth.
		
00:28:26 --> 00:28:28
			Capital R, capital T.
		
00:28:29 --> 00:28:34
			Then another قاءة قولي النهى that is considered
		
00:28:34 --> 00:28:37
			to be an exception from this قاءة you
		
00:28:37 --> 00:28:41
			know, the major قاءة الأمور بما قصدها would
		
00:28:41 --> 00:28:46
			be قاءة من تعجل شيئا قبل أوانه عقب
		
00:28:46 --> 00:28:50
			بحرمانه Whoever hastens to obtain something before its
		
00:28:50 --> 00:28:53
			due time is punished by being deprived of
		
00:28:53 --> 00:28:54
			it.
		
00:28:54 --> 00:28:57
			Is punished by being deprived of it.
		
00:28:59 --> 00:29:03
			So, Sheikh Saadi, may Allah have mercy on
		
00:29:03 --> 00:29:06
			him in his seventeenth قاءة this is the
		
00:29:06 --> 00:29:10
			seventeenth قاءة of Sheikh Saadi's but Imam Ibn
		
00:29:10 --> 00:29:14
			Rajab said من تعجل حقه أو ما أبيح
		
00:29:14 --> 00:29:17
			له قبل وقته على وجه المحرم عقب بحرمانه
		
00:29:17 --> 00:29:23
			Whoever hastens their right or something permitted before
		
00:29:23 --> 00:29:26
			its due time in an unlawful manner is
		
00:29:26 --> 00:29:28
			punished by being deprived of it.
		
00:29:30 --> 00:29:33
			This is under the قاعدة of من أتى
		
00:29:33 --> 00:29:38
			بسبب يفيد الملكة أو الحلة أو يسقط الواجبات
		
00:29:38 --> 00:29:41
			على وجه المحرم وكان مما تدعو النفوس إليه
		
00:29:41 --> 00:29:45
			ألغي ذلك السبب وصار وجوده كالعدم ولم يترتب
		
00:29:45 --> 00:29:48
			عليه أحكامه So Imam Ibn Rajab in his
		
00:29:48 --> 00:29:51
			phrasing of his قواعد he did not really
		
00:29:51 --> 00:29:53
			worry about rhymes and he did not worry
		
00:29:53 --> 00:29:57
			about brevity so that is why people don't
		
00:29:57 --> 00:30:01
			quote him that often because he worried about
		
00:30:01 --> 00:30:04
			the detail like I want to basically give
		
00:30:04 --> 00:30:06
			you the explanation So this is a very
		
00:30:06 --> 00:30:09
			long sentence to be considered a قاعدة, you
		
00:30:09 --> 00:30:12
			know, to be quoted as a قاعدة it
		
00:30:12 --> 00:30:15
			needs to be a little bit, you know,
		
00:30:15 --> 00:30:20
			lighter and easier to remember But he says
		
00:30:20 --> 00:30:23
			if someone pursues a cause to acquire ownership,
		
00:30:24 --> 00:30:28
			permissibility of something or exemption from obligations in
		
00:30:28 --> 00:30:31
			a lawful manner, particularly when it aligns with
		
00:30:31 --> 00:30:37
			human desires, that cause is nullified rendered as
		
00:30:37 --> 00:30:42
			if nonexistent and its effect does not materialize
		
00:30:43 --> 00:30:50
			So there is a counterpart to this قاعدة
		
00:30:50 --> 00:30:53
			مَنْ تَرَكَ شَيْءًا لِلَّهِ عَوَضَهُ اللَّهُ خَيْرًا مِنْهُ
		
00:30:53 --> 00:30:56
			That is the mirror image of this قاعدة
		
00:30:56 --> 00:31:00
			which will translate into whoever forsakes something for
		
00:31:00 --> 00:31:03
			the sake of Allah, Allah compensate them with
		
00:31:03 --> 00:31:08
			something better And so some of the applications
		
00:31:08 --> 00:31:12
			of this قاعدة the most well-known application
		
00:31:12 --> 00:31:15
			most common, most well-known application for this
		
00:31:15 --> 00:31:16
			قاعدة is which one?
		
00:31:26 --> 00:31:32
			قَطْلْ أَيْنَا So I didn't hear The most
		
00:31:32 --> 00:31:36
			common application is قَطْلْ المُورِّس قَطْلْ المُورِّس أو
		
00:31:36 --> 00:31:43
			المُوصِي So killing the benefactor whether you are
		
00:31:43 --> 00:31:50
			getting this testator or benefactor the مُورِّس, the
		
00:31:50 --> 00:31:54
			one that you will inherit from So the
		
00:31:54 --> 00:32:01
			heir killing their benefactor or testator this is
		
00:32:01 --> 00:32:05
			the most common application of this قاعدة And
		
00:32:05 --> 00:32:08
			there is much disagreement within the mazahib about
		
00:32:08 --> 00:32:12
			this, you know, which killing which killing exactly
		
00:32:12 --> 00:32:17
			will deprive you So is it illegal killing?
		
00:32:17 --> 00:32:22
			Is it basically unlawful killing?
		
00:32:22 --> 00:32:24
			Or any killing?
		
00:32:25 --> 00:32:27
			So there are three different types of killing
		
00:32:27 --> 00:32:31
			What if you killed them because you are
		
00:32:31 --> 00:32:38
			the executor of death penalties you know, you
		
00:32:38 --> 00:32:42
			are the person hired to implement the death
		
00:32:42 --> 00:32:47
			penalty by the sultan and your father comes
		
00:32:47 --> 00:32:50
			in someone that you inherit from comes in
		
00:32:50 --> 00:32:52
			and there is an order to execute them
		
00:32:52 --> 00:32:57
			So this is not unlawful killing And then
		
00:32:57 --> 00:33:01
			you have accidental killing What?
		
00:33:08 --> 00:33:10
			How do we go back?
		
00:33:10 --> 00:33:10
			Here?
		
00:33:13 --> 00:33:21
			Okay, and then you have accidental and then
		
00:33:21 --> 00:33:28
			you have intentional So the hambalis would execute
		
00:33:28 --> 00:33:32
			this But these two, it doesn't matter You
		
00:33:32 --> 00:33:36
			accidentally, you intentionally killed them It doesn't matter
		
00:33:37 --> 00:33:41
			If you've killed them If you've killed your
		
00:33:41 --> 00:33:46
			benefactor even accidentally, you will not inherit from
		
00:33:46 --> 00:33:48
			them And why is this?
		
00:33:49 --> 00:33:50
			Like, what's the point here?
		
00:33:51 --> 00:33:56
			Because, you know, what's the How can we
		
00:33:56 --> 00:33:57
			be sure?
		
00:33:58 --> 00:34:01
			This is basically to deter people from pretending
		
00:34:01 --> 00:34:06
			to accidentally kill someone Because people can always,
		
00:34:06 --> 00:34:09
			you say Well, it was accidental I was
		
00:34:09 --> 00:34:14
			just trying my gun or something It was
		
00:34:14 --> 00:34:18
			accidental So if you kill someone whether accidentally
		
00:34:18 --> 00:34:22
			or intentionally or premeditated or not You will
		
00:34:22 --> 00:34:25
			not inherit And that is a very strong
		
00:34:25 --> 00:34:29
			and clear application of the qaeda Why?
		
00:34:29 --> 00:34:34
			Because you have basically hastened through unlawful ways
		
00:34:34 --> 00:34:39
			to obtaining your right in the inheritance So
		
00:34:39 --> 00:34:44
			you're not actually seeking something haram You're seeking
		
00:34:44 --> 00:34:46
			something halal But you're seeking it in a
		
00:34:46 --> 00:34:54
			haram way Okay, so another one We know,
		
00:34:54 --> 00:34:57
			for instance, that the sahaba have unanimously agreed
		
00:34:57 --> 00:35:00
			to give to Madr, you know, the wife
		
00:35:00 --> 00:35:03
			of Abd al-Rahman ibn Awf to give
		
00:35:03 --> 00:35:05
			her a share of the inheritance of Abd
		
00:35:05 --> 00:35:07
			al-Rahman ibn Awf when he divorced her
		
00:35:07 --> 00:35:14
			during his terminal illness And we take this
		
00:35:14 --> 00:35:16
			to heart in the madhhab We take this
		
00:35:16 --> 00:35:20
			to heart to say that even after her
		
00:35:20 --> 00:35:25
			iddah ended, she'll still inherit You know, after
		
00:35:25 --> 00:35:33
			50 years, yes, she'll still inherit Unless she
		
00:35:33 --> 00:35:38
			had married another person or apostatized So someone
		
00:35:38 --> 00:35:40
			who divorces his wife in his terminal illness
		
00:35:40 --> 00:35:43
			we will suspect that he did this to
		
00:35:43 --> 00:35:47
			deprive her of inheritance And we will say,
		
00:35:47 --> 00:35:52
			well, if that is what you intended matters
		
00:35:52 --> 00:35:55
			are judged by their intentions We will reverse
		
00:35:55 --> 00:36:00
			this and we will say We will If
		
00:36:00 --> 00:36:04
			you hasten to obtaining a benefit before its
		
00:36:04 --> 00:36:08
			due time you will be, or if you
		
00:36:08 --> 00:36:14
			basically seek an unlawful cause to something lawful,
		
00:36:14 --> 00:36:20
			then we will disregard the cause We will
		
00:36:20 --> 00:36:24
			basically punish you by depriving you of the
		
00:36:24 --> 00:36:28
			final effect So someone who has divorced his
		
00:36:28 --> 00:36:32
			wife in his terminal illness and then he
		
00:36:32 --> 00:36:36
			dies after her iddah is over So he
		
00:36:36 --> 00:36:40
			divorced her in his terminal illness Her iddah
		
00:36:40 --> 00:36:44
			was over Then he dies a couple of
		
00:36:44 --> 00:36:48
			months later, a couple of years later We
		
00:36:48 --> 00:36:51
			will ask one question Have you gotten married
		
00:36:51 --> 00:36:53
			since he divorced you?
		
00:36:54 --> 00:36:55
			Or did you leave Islam?
		
00:36:56 --> 00:36:58
			If you have not gotten married, you have
		
00:36:58 --> 00:37:01
			not left Islam You will inherit from him
		
00:37:04 --> 00:37:07
			The scholars, I'm sorry, the experts are the
		
00:37:07 --> 00:37:10
			ones who determine which illness is a terminal
		
00:37:10 --> 00:37:16
			illness That would be the physicians So now,
		
00:37:16 --> 00:37:25
			evading the zakat payments What if you have
		
00:37:26 --> 00:37:31
			What's the minimum threshold for zakat?
		
00:37:31 --> 00:37:33
			The zakatable minimum, I call it the zakatable
		
00:37:33 --> 00:37:37
			minimum People call it minimum threshold The zakatable
		
00:37:37 --> 00:37:42
			minimum You have like 85 grams of gold
		
00:37:42 --> 00:37:44
			You figure out 85 grams of gold is
		
00:37:44 --> 00:37:48
			$4,500 I have in my checking account
		
00:37:48 --> 00:37:56
			$4,600 If I pay my zakat, I
		
00:37:56 --> 00:37:59
			will pay, let us say What?
		
00:38:00 --> 00:38:01
			How much would I pay?
		
00:38:04 --> 00:38:11
			$4,500, 2.5% Huh?
		
00:38:13 --> 00:38:14
			$100 something?
		
00:38:16 --> 00:38:20
			Well, let us say my zakatable minimum is
		
00:38:20 --> 00:38:29
			$4,500 And I have $44,530 in
		
00:38:29 --> 00:38:37
			the bank And I just donate $50 A
		
00:38:37 --> 00:38:42
			little before my zakat due date So when
		
00:38:42 --> 00:38:45
			my zakat due date arrives I have less
		
00:38:45 --> 00:38:49
			than the zakatable threshold Huh?
		
00:38:53 --> 00:38:56
			No, like the zakat, we said the zakat
		
00:38:56 --> 00:39:01
			will be We said zakat is $100 I
		
00:39:01 --> 00:39:04
			don't know something So you paid $50 And
		
00:39:04 --> 00:39:09
			then you don't have to pay zakat Anyway
		
00:39:10 --> 00:39:15
			Or you just bought like whatever Like an
		
00:39:15 --> 00:39:21
			iPhone for instance To just bring it down
		
00:39:21 --> 00:39:26
			Now this is evading zakat Are you liable
		
00:39:26 --> 00:39:27
			for zakat?
		
00:39:27 --> 00:39:31
			Yes, you are liable for zakat Because we
		
00:39:31 --> 00:39:34
			will not allow you to do this Now,
		
00:39:34 --> 00:39:37
			but there are some things that are a
		
00:39:37 --> 00:39:42
			little bit A little bit not as clear
		
00:39:42 --> 00:39:46
			So if someone extensively channels their wealth into
		
00:39:46 --> 00:39:48
			acquiring assets That are not subject to zakat
		
00:39:48 --> 00:39:53
			Like buildings Buildings will not be subject to
		
00:39:53 --> 00:39:58
			zakat If they are for rent Rental properties
		
00:39:58 --> 00:40:01
			But if you are basically a real estate
		
00:40:01 --> 00:40:04
			who sells and buys These for you are
		
00:40:04 --> 00:40:07
			trade goods They will be zakatable But if
		
00:40:07 --> 00:40:11
			you buy 70 different buildings And rent them
		
00:40:11 --> 00:40:14
			out They are not zakatable Only the rental
		
00:40:14 --> 00:40:17
			will become zakatable If you buy a fleet
		
00:40:17 --> 00:40:21
			of taxis And rent them out They are
		
00:40:21 --> 00:40:25
			not zakatable But if you buy four cars
		
00:40:25 --> 00:40:29
			only And you intend to sell them They
		
00:40:29 --> 00:40:32
			are zakatable Because they are trade goods in
		
00:40:32 --> 00:40:38
			this case So now if you extensively channel
		
00:40:38 --> 00:40:44
			your wealth Into non-zakatable properties Will you
		
00:40:44 --> 00:40:46
			be liable for zakat or not?
		
00:40:46 --> 00:40:48
			This is a little bit harder here It's
		
00:40:48 --> 00:40:51
			a little bit harder And the final position
		
00:40:51 --> 00:40:54
			There is a disagreement in the madhhab But
		
00:40:54 --> 00:40:57
			the final position of the madhhab is Where
		
00:40:57 --> 00:41:04
			I believe Al-Karmi Felt that Here is
		
00:41:04 --> 00:41:10
			Here is your Zakat due date And this
		
00:41:10 --> 00:41:14
			is one year One year This is the
		
00:41:14 --> 00:41:18
			middle of the year If before the middle
		
00:41:18 --> 00:41:22
			of the year You change your investment From
		
00:41:23 --> 00:41:27
			You know Like trade goods To real estate
		
00:41:27 --> 00:41:32
			Rental properties Before the middle of the year
		
00:41:32 --> 00:41:37
			Then You don't have to pay zakat If
		
00:41:37 --> 00:41:42
			you come here For instance anytime here And
		
00:41:42 --> 00:41:45
			you change your investments You have to pay
		
00:41:45 --> 00:41:52
			zakat If the switching From zakatable properties To
		
00:41:52 --> 00:41:55
			non-zakatable properties Happened before the middle of
		
00:41:55 --> 00:41:59
			the year You know You don't have to
		
00:41:59 --> 00:42:01
			pay zakat After the middle of the year
		
00:42:01 --> 00:42:08
			You have to pay zakat Because This looks
		
00:42:08 --> 00:42:16
			more like Asian Of zakat Then We also
		
00:42:16 --> 00:42:19
			have the issue of Transforming wine into vinegar
		
00:42:19 --> 00:42:24
			And in the madhhab We believe that Vinegar
		
00:42:24 --> 00:42:27
			would never be halal If it came from
		
00:42:27 --> 00:42:32
			wine Now There is a difference Because everybody
		
00:42:32 --> 00:42:37
			will say Isn't there A point In the
		
00:42:37 --> 00:42:42
			process of production Where fermentation takes place And
		
00:42:42 --> 00:42:47
			there would be alcohol During this process Of
		
00:42:47 --> 00:42:56
			making vinegar Doesn't fermentation happen And doesn't alcohol
		
00:42:56 --> 00:42:59
			get produced Yes But there is a difference
		
00:42:59 --> 00:43:06
			between Wine Or khamr And putting this wine
		
00:43:06 --> 00:43:13
			Through the process Versus having The basic ingredients
		
00:43:13 --> 00:43:16
			And putting them through the process To become
		
00:43:16 --> 00:43:22
			khal Here So If alcohol is produced At
		
00:43:22 --> 00:43:25
			some point here And then it goes away
		
00:43:25 --> 00:43:27
			And then it turns into khal Which doesn't
		
00:43:27 --> 00:43:33
			have alcohol This process is halal But if
		
00:43:33 --> 00:43:38
			you're starting with Wine And you're turning it
		
00:43:38 --> 00:43:42
			into khal This does not render it halal
		
00:43:42 --> 00:43:47
			According to us And the shafis According to
		
00:43:47 --> 00:43:49
			the hanafis and malikis It will be ok
		
00:43:52 --> 00:43:55
			You know The khal will be tahir Because
		
00:43:55 --> 00:44:01
			ultimately it is khal So they're Giving precedence
		
00:44:01 --> 00:44:03
			to what here Al-ibra bima fee nafs
		
00:44:03 --> 00:44:06
			al-amr You know consideration is given To
		
00:44:06 --> 00:44:10
			the external reality The actual reality The actual
		
00:44:10 --> 00:44:14
			reality is This wine vinegar Is actually vinegar
		
00:44:14 --> 00:44:18
			It's not alcoholic It will not get you
		
00:44:18 --> 00:44:23
			intoxicated But We have And certainly we don't
		
00:44:23 --> 00:44:26
			have this Just based on this qaeda But
		
00:44:26 --> 00:44:28
			the qaeda itself is based on Hadith where
		
00:44:28 --> 00:44:34
			the prophet Forbade the turning of wine Into
		
00:44:34 --> 00:44:40
			khal But if someone else did it Someone
		
00:44:40 --> 00:44:45
			else did it Then the hanafis and malikis
		
00:44:45 --> 00:44:49
			Will say Well this is now khal Anyway
		
00:44:49 --> 00:44:52
			There are different ways to look at The
		
00:44:52 --> 00:45:02
			same Ruling Or scenario Now if someone marries
		
00:45:02 --> 00:45:06
			a woman During her waiting period She becomes
		
00:45:06 --> 00:45:10
			permanently prohibited So this is consistent with the
		
00:45:10 --> 00:45:16
			qaeda She is in her waiting period They
		
00:45:16 --> 00:45:19
			couldn't You know be patient for like Three
		
00:45:19 --> 00:45:22
			months and they got married Before the end
		
00:45:22 --> 00:45:25
			of the waiting period What are we going
		
00:45:25 --> 00:45:28
			to do with this So there are two
		
00:45:28 --> 00:45:31
			different positions The position that is consistent With
		
00:45:31 --> 00:45:33
			the qaeda The qaeda is not the dominant
		
00:45:33 --> 00:45:36
			position In the madhab So what would be
		
00:45:36 --> 00:45:39
			the position consistent With the qaeda To say
		
00:45:39 --> 00:45:43
			you are permanently forbidden To each other Permanently
		
00:45:43 --> 00:45:47
			forbidden to each other What is the other
		
00:45:47 --> 00:45:50
			position We will allow you to go back
		
00:45:50 --> 00:45:54
			After you The woman completes two iddahs From
		
00:45:54 --> 00:45:56
			the first one And from the second one
		
00:45:56 --> 00:45:58
			Two iddahs will need to be completed And
		
00:45:58 --> 00:46:04
			then you are allowed To remarry Certainly you
		
00:46:04 --> 00:46:06
			have done something haram And all of that
		
00:46:06 --> 00:46:07
			stuff But we will still allow you to
		
00:46:07 --> 00:46:11
			remarry That ended up being the dominant position
		
00:46:11 --> 00:46:13
			In the madhab They will allow them to
		
00:46:13 --> 00:46:19
			remarry Now so if a man Unfairly restrained
		
00:46:19 --> 00:46:22
			his wife To compel her into asking for
		
00:46:22 --> 00:46:25
			khula We will count it as divorce And
		
00:46:25 --> 00:46:27
			we will give her the money back So
		
00:46:27 --> 00:46:30
			if he caused her harm Until she asked
		
00:46:30 --> 00:46:33
			for khula We will count it as divorce
		
00:46:33 --> 00:46:39
			And give her her money back Exceptions If
		
00:46:39 --> 00:46:45
			a creditor Exceptions from this qaeda If a
		
00:46:45 --> 00:46:48
			creditor kills their debtor The debt becomes due
		
00:46:48 --> 00:46:54
			In the stronger view Of the madhab Because
		
00:46:54 --> 00:46:57
			the right To the money has been established
		
00:46:57 --> 00:47:06
			Prior to the killing So you
		
00:47:06 --> 00:47:12
			borrow money from someone When is this money
		
00:47:12 --> 00:47:12
			due?
		
00:47:12 --> 00:47:14
			Let's say the money is due next year
		
00:47:15 --> 00:47:19
			In the madhab The money becomes due Also
		
00:47:19 --> 00:47:24
			upon death If he dies In the middle
		
00:47:24 --> 00:47:29
			The money becomes due Okay So if you
		
00:47:29 --> 00:47:34
			kill him Does the money become due Upon
		
00:47:34 --> 00:47:39
			his death Two positions in the madhab But
		
00:47:39 --> 00:47:43
			the dominant position In the madhab is It
		
00:47:43 --> 00:47:47
			does become due So the dominant position In
		
00:47:47 --> 00:47:50
			the madhab is Consistent with the qaeda or
		
00:47:50 --> 00:47:54
			not Not consistent with the qaeda What is
		
00:47:54 --> 00:47:56
			consistent with the qaeda Is what we will
		
00:47:56 --> 00:48:03
			Punish you by Not making your Debt due
		
00:48:03 --> 00:48:07
			Not giving you the money Keep in mind
		
00:48:07 --> 00:48:08
			If he kills him he will be killed
		
00:48:08 --> 00:48:10
			Or he has to pay the debt It's
		
00:48:10 --> 00:48:13
			a bigger deal than this But we're talking
		
00:48:13 --> 00:48:17
			just about the debt Does the You know
		
00:48:18 --> 00:48:21
			Does the debt become due or not Does
		
00:48:21 --> 00:48:24
			the debt become due or not And in
		
00:48:24 --> 00:48:28
			the madhab The debt does become due So
		
00:48:28 --> 00:48:31
			what is it Because every time they depart
		
00:48:31 --> 00:48:34
			From the qaeda They must be departing for
		
00:48:34 --> 00:48:39
			A reason What is it The right to
		
00:48:39 --> 00:48:41
			the money You have always had the right
		
00:48:41 --> 00:48:45
			to this money It's your money And you
		
00:48:45 --> 00:48:51
			can even Change The due date Ask for
		
00:48:51 --> 00:48:55
			your money earlier It's your money So it's
		
00:48:55 --> 00:48:57
			a right that has been established Before death
		
00:48:58 --> 00:49:02
			So That is what we will observe More
		
00:49:02 --> 00:49:06
			than the fact That you have hastened To
		
00:49:06 --> 00:49:11
			something In an unlawful manner Because this has
		
00:49:11 --> 00:49:15
			been your established Right all the time Prior
		
00:49:15 --> 00:49:27
			to the death Yes The creditor
		
00:49:27 --> 00:49:33
			Killed the debtor I gave you money I
		
00:49:33 --> 00:49:37
			gave you Ten thousand dollars And I told
		
00:49:37 --> 00:49:41
			you next year Pay me back next year
		
00:49:41 --> 00:49:49
			So And I killed you Sorry And Like
		
00:49:49 --> 00:49:53
			in two months for instance Do I collect
		
00:49:53 --> 00:49:57
			Do I collect Or my heirs Because I
		
00:49:57 --> 00:50:01
			will be killed also Perhaps Unless your heirs
		
00:50:01 --> 00:50:05
			decide to take the day But You know
		
00:50:05 --> 00:50:09
			Are my heirs entitled to the debt To
		
00:50:11 --> 00:50:15
			Are they entitled In the math They are
		
00:50:15 --> 00:50:20
			entitled My heirs Or if your heirs Decided
		
00:50:20 --> 00:50:23
			to take the day I am Because I
		
00:50:23 --> 00:50:27
			will live But I am entitled To take
		
00:50:27 --> 00:50:35
			the Receive it And then So This is
		
00:50:35 --> 00:50:38
			the last application We are actually finishing in
		
00:50:38 --> 00:50:40
			a very good time This is the last
		
00:50:40 --> 00:50:45
			application that we have Here I was asked
		
00:50:45 --> 00:50:48
			about A nursing woman Who experienced a delay
		
00:50:48 --> 00:50:51
			in menstruation Who experienced a delay in menstruation
		
00:50:51 --> 00:50:56
			So a woman Got a divorce And her
		
00:50:56 --> 00:51:01
			cycles Are not reliable And she doesn't want
		
00:51:01 --> 00:51:05
			to wait Nine months Or three cycles She
		
00:51:05 --> 00:51:10
			took a medicine To regulate her cycle Or
		
00:51:10 --> 00:51:16
			to bring Menstruation earlier Now She got through
		
00:51:16 --> 00:51:22
			three Menstrual periods Through this medicine Is her
		
00:51:22 --> 00:51:30
			waiting Period over Yes it's over You may
		
00:51:30 --> 00:51:33
			say This is not consistent with the No
		
00:51:33 --> 00:51:37
			it's not So what is it that she
		
00:51:37 --> 00:51:42
			did She took a medicine That's And Here
		
00:51:44 --> 00:51:50
			The issue is The external reality The actual
		
00:51:50 --> 00:51:57
			reality Is too strong To overlook Because If
		
00:51:57 --> 00:52:06
			she gets Three periods Customary periods We can't
		
00:52:06 --> 00:52:11
			tell her This period is inconsequential We can't
		
00:52:11 --> 00:52:13
			tell her Go ahead and pray This blood
		
00:52:13 --> 00:52:16
			is inconsequential This is her period We can't
		
00:52:16 --> 00:52:23
			tell her You're not hot Therefore The actual
		
00:52:23 --> 00:52:28
			reality Takes precedence here The actual reality Is
		
00:52:28 --> 00:52:33
			that through this medicine She got three customary
		
00:52:33 --> 00:52:39
			Periods What is wrong She's You know Her
		
00:52:39 --> 00:52:43
			edda now is over During this time when
		
00:52:43 --> 00:52:45
			she's getting her period She will not be
		
00:52:45 --> 00:52:47
			praying She will not be asked to make
		
00:52:47 --> 00:52:50
			up for the prayers She will deal with
		
00:52:50 --> 00:52:54
			it just like periods Because they are In
		
00:52:54 --> 00:53:03
			reality Periods Okay So that brings us to
		
00:53:03 --> 00:53:07
			the End of the applications Of this And
		
00:53:07 --> 00:53:11
			I'm hopeful that you Go back and do
		
00:53:11 --> 00:53:17
			Like you know Exercises like Review the Do
		
00:53:17 --> 00:53:23
			some Exercises to train Your mind Because the
		
00:53:23 --> 00:53:28
			You know a lot of people Are unidimensional
		
00:53:28 --> 00:53:33
			And the Life is complicated There are so
		
00:53:33 --> 00:53:36
			many things Need to be considered You know
		
00:53:36 --> 00:53:41
			passing judgment Is not easy And you should
		
00:53:41 --> 00:53:44
			not be doing this Based on whims Or
		
00:53:44 --> 00:53:52
			based on You know Thoughtless Impulses and stuff
		
00:53:52 --> 00:53:58
			Of that nature The You know Their lives
		
00:53:58 --> 00:54:03
			trying to learn these things And trying To
		
00:54:03 --> 00:54:07
			basically Have mastery Have like a fiqh mind
		
00:54:07 --> 00:54:13
			And mastery So Like a youtuber or Like
		
00:54:13 --> 00:54:21
			a twitter person Or something Experts It's just
		
00:54:22 --> 00:54:26
			You know The religion should never be left
		
00:54:26 --> 00:54:33
			To Unqualified People To ruin it So try
		
00:54:33 --> 00:54:36
			to really invest In learning, try to Appreciate
		
00:54:36 --> 00:54:41
			fiqh Try to appreciate the tradition And sciences
		
00:54:41 --> 00:54:46
			The complementary sciences And discover the beauty In
		
00:54:46 --> 00:54:50
			the religion and the coherence Of the religion
		
00:54:50 --> 00:54:54
			And the sensibility also Of the religion because
		
00:54:54 --> 00:54:58
			many People, many of those Unidimensional people It
		
00:54:58 --> 00:55:02
			depends on their Inclinations So some of them
		
00:55:02 --> 00:55:04
			could be extreme to the right, extreme to
		
00:55:04 --> 00:55:07
			the left And they are able Always to
		
00:55:07 --> 00:55:10
			use You will never be You will never
		
00:55:10 --> 00:55:25
			be Sort of You will never Find
		
00:55:25 --> 00:55:35
			Shortage In If You and your Are uneducated
		
00:55:35 --> 00:55:38
			Because you could use Anything as a You
		
00:55:38 --> 00:55:44
			could quote Anything, use anything As a So
		
00:55:44 --> 00:55:48
			you will never basically Find the shortage of
		
00:55:48 --> 00:55:57
			Everybody has Everybody justifies Their Ridiculous assertions By
		
00:55:57 --> 00:56:02
			They believe they are And if your audience
		
00:56:02 --> 00:56:06
			Are as uneducated As you are, you may
		
00:56:06 --> 00:56:10
			have A very large audience That is cheering
		
00:56:10 --> 00:56:14
			you on And that is Basically marveling at
		
00:56:14 --> 00:56:22
			Your Your Capacity and your Your So it
		
00:56:22 --> 00:56:26
			is important that We revive the interest In
		
00:56:26 --> 00:56:31
			the tradition And appreciate Its beauty and its
		
00:56:31 --> 00:56:35
			coherence And not allowed To be hijacked by
		
00:56:35 --> 00:56:39
			anyone Who is unqualified for the job Regardless
		
00:56:39 --> 00:56:44
			of their Regardless of their intents And regardless
		
00:56:44 --> 00:56:46
			of whether they agree With you or disagree
		
00:56:46 --> 00:56:50
			Because that is what is important Because often
		
00:56:50 --> 00:56:53
			times You would tolerate all of this If
		
00:56:53 --> 00:56:56
			they end up agreeing with you You could
		
00:56:56 --> 00:56:58
			tolerate all of this You could tolerate the
		
00:56:58 --> 00:57:00
			fact that they are unqualified You could tolerate
		
00:57:00 --> 00:57:03
			the fact that they are making Ridiculous, you
		
00:57:03 --> 00:57:07
			know Use of the Finally, if the assertion
		
00:57:07 --> 00:57:11
			Is similar to your assertion You will ignore
		
00:57:11 --> 00:57:13
			How they got there We should not be
		
00:57:13 --> 00:57:16
			doing this You know Even if you arrive
		
00:57:16 --> 00:57:20
			at a correct conclusion Through This is I
		
00:57:20 --> 00:57:24
			don't care if you arrived At a correct
		
00:57:24 --> 00:57:27
			conclusion or not But the process itself Has
		
00:57:27 --> 00:57:30
			to be correct Because if you reach a
		
00:57:30 --> 00:57:34
			correct conclusion This time Through a bad process
		
00:57:34 --> 00:57:38
			Next time you could reach A catastrophic conclusion
		
00:57:38 --> 00:57:41
			Because your process is a bad process And
		
00:57:41 --> 00:57:43
			that's it And we will see each other
		
00:57:43 --> 00:57:48
			next time We will see each other next
		
00:57:48 --> 00:57:59
			time And until Until 9,
		
00:57:59 --> 00:58:01
			10 Inshallah