Hatem al-Haj – QWD029 Coherence of Sharia – QWD029 Coherence of Sharia – Subsidiary Maxims Under Maxim 3

Hatem al-Haj
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The speakers discuss various legal maxims and sections related to the legal process, including the subsidiary maxims and applications of the third maxim, the concept of equal retribution, and the legal prescribed punishments for damages. They emphasize the importance of preemption and the need for people to commit to their beliefs, as well as the importance of avoiding harm and avoiding liability for actions or events that cause harm. The speakers also discuss various factors contributing to public harm, including the presence of harms in a residential area, the importance of avoiding public harm, and the use of gutter-pairing devices to prevent damage to individuals and homes. They stress the importance of respecting the wishes of a donor and avoiding harm to oneself and others, and emphasize the need to act with prudence and remove harmful structures to avoid harm.

AI: Summary ©

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			We can start.
		
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			You've said two seconds.
		
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			Okay.
		
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			So, let's start our class.
		
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			Um, today we are going over.
		
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			Subsidiary maxims and applications for.
		
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			Which for the 3rd.
		
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			So, we're done with introductions was the 1st
		
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			section.
		
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			We said that we will have 4 sections
		
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			introductions would be the 1st section.
		
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			The major legal maxims would be the 2nd
		
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			section.
		
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			And the major legal maxims are 5.
		
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			And then the 3rd section will be the
		
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			minor legal maxims.
		
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			And the last section, which is the 4th
		
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			will be a.
		
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			Or the legal regulators.
		
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			Uh, controllers regulators, um.
		
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			Which are like, you know, sort of minor
		
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			minor maxims.
		
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			Um.
		
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			The subsidiary maxims and applications of.
		
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			Is the is the 3rd maxim is.
		
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			There is no harm or reciprocation of harm.
		
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			Right.
		
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			There is no harm or reciprocation of harm.
		
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			Before we talk about the subsidiary maxims, I
		
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			just want to tell you that this is
		
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			a very important maximum and it is a
		
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			very comprehensive maximum.
		
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			And it's actually the entire.
		
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			So, no doubt it encompasses the entire.
		
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			Because the entire is about.
		
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			That's what is about.
		
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			That's what the Dean is about.
		
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			The Dean is about procuring benefits and harms.
		
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			Um.
		
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			And these benefits, if you think about it
		
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			this way, you may, you may think it's
		
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			utilitarianism.
		
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			It is utilitarianism.
		
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			It's religious utilitarianism.
		
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			The difference between religious utilitarianism and.
		
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			Uh, your good old utilitarianism, uh.
		
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			Is what is that we have.
		
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			Basically, different set of objectives.
		
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			Uh, we have a different worldview, different outlook.
		
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			So, we have.
		
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			You know, spiritual benefits that we value in
		
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			our religious utilitarianism.
		
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			Uh, that does not basically.
		
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			Hold water in your, uh, conventional, uh, sort
		
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			of philosophical.
		
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			Uh, utilitarianism as a system of ethics.
		
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			But so our religious utilitarianism.
		
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			Says that all of the.
		
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			Is meant to do 2 things for human
		
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			beings.
		
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			To bring about benefits, repel and minimize harms.
		
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			Um, now this will encompass.
		
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			All areas of.
		
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			So, what is about.
		
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			Equal retribution.
		
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			You know.
		
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			In equal retribution, you have.
		
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			Basically, uh, life.
		
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			You know, so it is that.
		
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			You know, you, you sentence people to death.
		
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			So that the society can live.
		
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			So that, you know, murder.
		
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			Uh, does not become prevalent in the society.
		
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			So that the criminals may be deterred.
		
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			So, that's why I use the, the, the,
		
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			the sort of genius expression.
		
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			In equal retribution, there is life for you.
		
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			Life for the society.
		
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			Life for everyone else.
		
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			The, the, the.
		
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			The offender.
		
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			Will die.
		
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			But the society will live.
		
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			Um.
		
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			So, the idea of also the prescribed, the
		
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			legal prescribed punishments.
		
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			To avert harm from societies.
		
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			Compensations for damages.
		
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			The legislative compensations for damages.
		
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			Like, in Egypt, they say.
		
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			Which means that we don't accept compensation for
		
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			damages.
		
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			No, the does accept compensation for damages.
		
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			If you damage someone's property.
		
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			You compensate them.
		
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			Uh, for the damage you caused.
		
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			If you want someone, you compensate them.
		
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			And so on and so forth.
		
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			Uh, returning items for the facts.
		
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			You know, which is.
		
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			In sales.
		
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			In sales, if you find the defect in
		
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			your.
		
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			Sort of merchandise.
		
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			You could return it.
		
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			And argue that it is defective.
		
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			Options in sales in general.
		
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			In sales in general.
		
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			To repel harm.
		
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			Um.
		
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			Marriages if someone.
		
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			Marries someone.
		
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			And they have not told them.
		
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			About.
		
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			Like, uh, a major problem.
		
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			Uh, there are certain.
		
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			Basically criteria for the annulment of marriages.
		
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			There are some disagreements within the.
		
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			But the concept itself.
		
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			Is agreed is agreed upon.
		
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			And why is it an element versus divorce?
		
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			Because, like, you know, you may retain your
		
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			rights.
		
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			Your financial rights.
		
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			You know, repelling an aggressor.
		
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			Um.
		
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			Is meant to avert harm.
		
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			So, even if you have.
		
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			If you have to kill the aggressor.
		
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			The physical aggressor.
		
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			You're licensed.
		
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			Uh, to repel harm.
		
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			Uh.
		
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			That's the right to preemption.
		
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			Isn't this about.
		
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			Averting harm from the partners.
		
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			Co-owners, you know, the right to pre.
		
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			Like, if you, you know, go on a
		
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			property.
		
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			And your partner wants to sell.
		
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			You have first dibs or you are.
		
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			Um, you, you have the right to preemption.
		
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			Um, that is because.
		
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			You know, you, you decided to get into
		
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			partnership with him.
		
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			But now he's going to bring, bring you
		
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			another partner.
		
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			Let's say you don't like the other partner.
		
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			Let's say the other partner.
		
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			Is, you know.
		
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			Not suitable.
		
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			Uh, to be, to be in partnership with
		
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			him.
		
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			Or her.
		
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			Then you have the right to preemption to
		
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			avert harm.
		
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			Had interdiction.
		
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			Uh, this is the avert harm from the
		
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			heirs and the creditors.
		
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			Someone who's in debt.
		
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			Uh, or, uh, you know, the introduction.
		
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			Then we'll, um.
		
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			May cause them a little bit of harm.
		
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			Uh, but.
		
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			You know, the greater harm.
		
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			Will be caused to the.
		
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			Heirs and the creditors.
		
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			If he squanders his wealth.
		
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			Uh, Jihad itself.
		
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			Isn't that you had.
		
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			Meant to, to, uh, avert harm.
		
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			Uh, deter harm from the religion.
		
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			And where are the affairs of the society?
		
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			If people.
		
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			Don't, you know, if people are not willing.
		
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			To sacrifice for anything.
		
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			Then.
		
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			Uh, there would be stepped on left and
		
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			right.
		
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			And no one will, you know.
		
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			Um, they will be.
		
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			Oppressed to their, their property will be taken.
		
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			Their land will be taken.
		
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			Um.
		
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			And they will suffer in their religious commitment.
		
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			And in the world of the affairs.
		
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			So.
		
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			Um.
		
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			They even stipulate the absence of harm in.
		
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			You know, permissible acts.
		
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			So, for instance, is it permissible.
		
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			To use contraceptive pills.
		
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			Did they discuss this?
		
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			Yes, they did.
		
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			Um, so it is.
		
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			As long as they don't cause harm.
		
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			So, in fact.
		
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			It says.
		
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			So, it's permissible to drink a permissible medicine.
		
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			Um, to, um.
		
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			To prevent pregnancy.
		
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			Um, if, if, uh.
		
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			If safety is assured.
		
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			If safety is assured, if there is no
		
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			harm.
		
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			Or if safety is assured.
		
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			Um, so the same applies also.
		
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			With regard to as.
		
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			They say that if she wants to.
		
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			Uh, bring about the.
		
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			The period, like, if she wants the period
		
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			to come early.
		
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			She's allowed to do that.
		
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			Also, with that contingency.
		
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			That contingency is.
		
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			There is no harm.
		
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			Safety is assured.
		
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			This applies to men as well.
		
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			If they want to.
		
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			Um, you know, stop.
		
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			The like.
		
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			It is not permissible as they say.
		
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			Uh, to sterilize.
		
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			Um, the people, whether it's men or.
		
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			Women, so sterilization procedures.
		
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			Unless it's medically indicated, unless, you know, the,
		
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			the pregnancy would cause great harm to the.
		
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			To the person, so.
		
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			It's medically indicated, but if it's not medically
		
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			indicated, then it's not permissible to sterilize.
		
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			But temporary transient.
		
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			Prevention of pregnancy for men or women.
		
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			Um, they mentioned here, like, uh, like a
		
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			drink of camphor, for instance, they, they believe
		
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			that it.
		
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			You know, if men drink.
		
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			Uh, like, like a drink of camphor that
		
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			will stop.
		
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			Uh, pregnancy anyway.
		
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			Uh, I'm not quite sure.
		
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			Don't try it.
		
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			Uh.
		
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			So, uh, there are many applications of manager
		
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			mentions many applications.
		
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			Uh, the 1st application that the manager mentions
		
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			is digging a well.
		
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			To dig a well, um, next to a
		
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			neighbor as well.
		
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			Uh, if if this causes the neighbors will
		
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			to dry up.
		
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			If you're digging a well to drain the
		
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			neighbors.
		
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			Well.
		
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			Even though you're digging the well in your
		
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			property.
		
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			So, your neighbor has a well.
		
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			And you come within your property and dig
		
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			a well.
		
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			Near your neighbors well, to drain the water
		
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			from your neighbors.
		
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			If it does do that, if it drains
		
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			up your neighbors, well, they will fill your
		
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			well.
		
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			They will fill your well, you can't do
		
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			that even though it's on your property.
		
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			And they here, uh, mentions here.
		
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			I report a more self from Abu Dawood.
		
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			More self from Abu Dawood, Abu Dawood.
		
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			Um.
		
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			More so in general, what is, you know,
		
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			more so in general is within the tabby.
		
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			I reports from the prophets along without mentioning
		
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			the.
		
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			Companion when a follower 2nd generation reports from
		
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			the prophet.
		
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			Without mentioning the hobby, the companion 1st generation.
		
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			That's called more.
		
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			In general.
		
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			Are controversial whether they are.
		
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			Um, they are, um.
		
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			Acceptable or not.
		
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			Uh, acceptable or not.
		
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			So, some of the scholars feel that should
		
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			be acceptable.
		
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			And Maliki's feel should be acceptable.
		
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			Don't feel that they're always, they're always acceptable.
		
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			And the in particular, he had his, uh,
		
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			basically.
		
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			Formula to, you know, as for.
		
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			That would be acceptable.
		
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			Uh, but in general, I just want you
		
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			when you hear more.
		
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			Uh, you know, you tend to dismiss the
		
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			more sell right away.
		
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			It's not dismissed the right away.
		
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			There will be a discussion about it.
		
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			Um, so there's more to sell from.
		
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			Um.
		
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			The prophet said.
		
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			The prophet said.
		
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			Do not harm each other in digging.
		
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			Um.
		
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			And then this was defined by, you know,
		
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			in digging.
		
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			Defined by digging a well close to your
		
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			neighbor as well.
		
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			Uh, to drain it now.
		
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			Causing harm to your neighbor's property.
		
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			By, uh, some form of disturbance.
		
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			You know, like shaking, uh, or, um.
		
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			Founding within your own property pounding within your
		
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			own property.
		
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			Or even emitting foul smells within your own
		
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			property.
		
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			Anything that migrates from your property to your
		
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			neighbor's property.
		
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			Whether it is shaking or foul smells or
		
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			whatever.
		
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			Would be prevented from doing this within your
		
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			own property.
		
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			To do what a very time.
		
00:18:17 --> 00:18:18
			To your neighbor.
		
00:18:21 --> 00:18:24
			Uh, and.
		
00:18:26 --> 00:18:28
			He mentions a year.
		
00:18:30 --> 00:18:30
			That.
		
00:18:32 --> 00:18:32
			Somewhere.
		
00:18:33 --> 00:18:35
			Somewhere reports this about himself.
		
00:18:36 --> 00:18:39
			Um, you know, and that's that's, you know.
		
00:18:40 --> 00:18:41
			The honesty of the.
		
00:18:41 --> 00:18:44
			If something is a benefit from the prophets.
		
00:18:45 --> 00:18:48
			They were reported, even if it invites them.
		
00:18:48 --> 00:18:49
			Even if it.
		
00:18:50 --> 00:18:51
			Uh, not.
		
00:18:51 --> 00:18:53
			It's not in their favor.
		
00:18:54 --> 00:18:54
			So, some.
		
00:18:55 --> 00:18:58
			Reports that, uh, you know.
		
00:18:58 --> 00:18:59
			He had.
		
00:19:00 --> 00:19:04
			A tree inside the property of a man
		
00:19:04 --> 00:19:04
			from.
		
00:19:05 --> 00:19:07
			Like, you could own a tree inside the
		
00:19:07 --> 00:19:07
			property of someone.
		
00:19:07 --> 00:19:10
			He owned the palm tree inside the property.
		
00:19:10 --> 00:19:11
			Of a man from.
		
00:19:11 --> 00:19:13
			So, he's coming in and out all the
		
00:19:13 --> 00:19:15
			time and the man gets.
		
00:19:15 --> 00:19:16
			Annoyed.
		
00:19:16 --> 00:19:19
			Uh, by this, because the man lives with
		
00:19:19 --> 00:19:21
			his family on the property.
		
00:19:21 --> 00:19:23
			So, Samara keeps on coming in and out
		
00:19:23 --> 00:19:24
			of the property.
		
00:19:24 --> 00:19:26
			It then to his palm tree.
		
00:19:26 --> 00:19:28
			So, the man, you know, came and complained
		
00:19:28 --> 00:19:29
			to the prophets.
		
00:19:29 --> 00:19:31
			The prophets offer to Samara.
		
00:19:32 --> 00:19:32
			To.
		
00:19:33 --> 00:19:34
			Uh, sell it.
		
00:19:34 --> 00:19:36
			Or to donate it.
		
00:19:36 --> 00:19:37
			And Samara refused.
		
00:19:38 --> 00:19:38
			And.
		
00:19:39 --> 00:19:40
			The prophet.
		
00:19:40 --> 00:19:43
			Eventually, when Samara refused every option.
		
00:19:44 --> 00:19:44
			Set to him.
		
00:19:44 --> 00:19:46
			Your cause and harm.
		
00:19:46 --> 00:19:48
			And he said to the Ansari.
		
00:19:48 --> 00:19:50
			Go ahead and uproot history.
		
00:19:51 --> 00:19:52
			Uproot history.
		
00:19:53 --> 00:19:53
			Um.
		
00:19:54 --> 00:19:55
			So, anyway.
		
00:19:55 --> 00:19:57
			And Samara is the one who reported this.
		
00:19:58 --> 00:20:01
			And in similar cases where harm is caused.
		
00:20:02 --> 00:20:03
			People should be prevented.
		
00:20:03 --> 00:20:04
			From causing harm.
		
00:20:06 --> 00:20:07
			So.
		
00:20:08 --> 00:20:09
			We have.
		
00:20:09 --> 00:20:11
			You know, the prohibition of.
		
00:20:11 --> 00:20:12
			The prohibition of.
		
00:20:12 --> 00:20:14
			Excessive speculation.
		
00:20:14 --> 00:20:14
			The prohibition of.
		
00:20:16 --> 00:20:17
			Monopoly.
		
00:20:18 --> 00:20:19
			The prohibition of.
		
00:20:20 --> 00:20:21
			Even the.
		
00:20:21 --> 00:20:22
			Prohibition of.
		
00:20:23 --> 00:20:23
			You know.
		
00:20:23 --> 00:20:24
			It means.
		
00:20:26 --> 00:20:27
			Inequity deception.
		
00:20:29 --> 00:20:29
			Um.
		
00:20:31 --> 00:20:32
			So, when you sell.
		
00:20:32 --> 00:20:34
			When you have a haggler and you sell
		
00:20:34 --> 00:20:35
			to them at a rate.
		
00:20:35 --> 00:20:37
			And a non haggler and you sell to
		
00:20:37 --> 00:20:38
			them at a different rate.
		
00:20:38 --> 00:20:40
			Is this allowable?
		
00:20:40 --> 00:20:42
			Ahmed says, no, you can't really do this.
		
00:20:43 --> 00:20:44
			You can't sell.
		
00:20:44 --> 00:20:45
			At two different rates.
		
00:20:46 --> 00:20:48
			The hagglers negotiators and non negotiators.
		
00:20:49 --> 00:20:49
			Um.
		
00:20:50 --> 00:20:50
			Because that.
		
00:20:51 --> 00:20:52
			Is harm.
		
00:20:52 --> 00:20:55
			To the non haggler or the non negotiator.
		
00:20:56 --> 00:20:56
			Um.
		
00:21:01 --> 00:21:01
			So.
		
00:21:02 --> 00:21:04
			And this, this is what.
		
00:21:04 --> 00:21:05
			This is the prevent harm.
		
00:21:05 --> 00:21:07
			Prevent harm from people who are.
		
00:21:08 --> 00:21:09
			You know.
		
00:21:10 --> 00:21:11
			Not savvy.
		
00:21:12 --> 00:21:12
			Um.
		
00:21:13 --> 00:21:14
			So, in the 30th.
		
00:21:15 --> 00:21:15
			Uh.
		
00:21:16 --> 00:21:16
			Or.
		
00:21:18 --> 00:21:18
			Uh.
		
00:21:19 --> 00:21:20
			He said.
		
00:21:20 --> 00:21:21
			I'm not.
		
00:21:22 --> 00:21:22
			Yeah.
		
00:21:22 --> 00:21:25
			We all.
		
00:21:38 --> 00:21:41
			The translation for this would be partners and
		
00:21:41 --> 00:21:42
			properties rights.
		
00:21:42 --> 00:21:45
			and benefits are obligated to bear the necessary
		
00:21:45 --> 00:21:49
			expenses, maintenance and other related costs that affect
		
00:21:49 --> 00:21:50
			the shared entity.
		
00:21:51 --> 00:21:55
			So you own a property, something happens to
		
00:21:55 --> 00:21:57
			this property and you need to do something.
		
00:21:59 --> 00:22:01
			You will be compelled to participate with your
		
00:22:01 --> 00:22:06
			partner in the expenses if this is necessary
		
00:22:06 --> 00:22:10
			to bring about an essential benefit or repel
		
00:22:10 --> 00:22:11
			harm.
		
00:22:11 --> 00:22:13
			You are required.
		
00:22:14 --> 00:22:17
			So like you share a building with, and
		
00:22:17 --> 00:22:18
			this used to happen in Egypt a lot.
		
00:22:19 --> 00:22:24
			You share a building and one of the
		
00:22:24 --> 00:22:27
			co-owners wants to have an elevator.
		
00:22:30 --> 00:22:33
			Are you required to participate?
		
00:22:33 --> 00:22:36
			You may say no, you're not required because
		
00:22:36 --> 00:22:39
			this is not an essential benefit and it
		
00:22:39 --> 00:22:41
			is not to repel harm, but if you
		
00:22:41 --> 00:22:45
			share a wall with your neighbor, share a
		
00:22:45 --> 00:22:49
			wall, and this wall falls down, are you
		
00:22:49 --> 00:22:53
			compelled to rebuild the wall with your neighbor?
		
00:22:53 --> 00:22:55
			Yes, you're compelled to rebuild the wall with
		
00:22:55 --> 00:22:55
			your neighbor.
		
00:22:56 --> 00:22:58
			Let's say he wants to have an elevator.
		
00:22:59 --> 00:23:02
			In this case, the rule is you're not
		
00:23:02 --> 00:23:06
			required to participate, however, you're not allowed to
		
00:23:06 --> 00:23:08
			use the elevator until you participate.
		
00:23:09 --> 00:23:11
			You're not allowed to use the elevator until
		
00:23:11 --> 00:23:12
			you participate.
		
00:23:14 --> 00:23:19
			And this is mentioned in Al-Qaeda al
		
00:23:19 --> 00:23:24
			-Rajabiyya 76, number 76.
		
00:23:26 --> 00:23:30
			He says, owners of specific property or benefit,
		
00:23:30 --> 00:23:32
			if they need to avert harm or maintain
		
00:23:32 --> 00:23:35
			a benefit, one is compelled to agree with
		
00:23:35 --> 00:23:37
			the other according to the correct view of
		
00:23:37 --> 00:23:37
			the mazhab.
		
00:23:38 --> 00:23:42
			Another opinion states if one can independently avert
		
00:23:42 --> 00:23:45
			the harm, they should do so without compelling
		
00:23:45 --> 00:23:49
			the other, if they can independently avert the
		
00:23:49 --> 00:23:49
			harm.
		
00:23:50 --> 00:23:54
			But this here, you cannot independently avert the
		
00:23:54 --> 00:23:54
			harm.
		
00:23:54 --> 00:23:56
			This is a shared wall between you.
		
00:23:56 --> 00:23:58
			You will be compelled here to rebuild the
		
00:23:58 --> 00:23:59
			wall with your neighbor.
		
00:24:03 --> 00:24:06
			However, if the other wishes to benefit from
		
00:24:06 --> 00:24:08
			what their partner has done, they can be
		
00:24:08 --> 00:24:11
			prevented until they pay their share of the
		
00:24:11 --> 00:24:12
			expenses.
		
00:24:12 --> 00:24:14
			If they need to create a new benefit,
		
00:24:14 --> 00:24:15
			there is no compulsion.
		
00:24:16 --> 00:24:17
			There is no compulsion.
		
00:24:18 --> 00:24:20
			So the example of the elevator, in the
		
00:24:20 --> 00:24:23
			example of the elevator, it's not an essential
		
00:24:23 --> 00:24:24
			benefit.
		
00:24:24 --> 00:24:26
			You know, we've been using the building for
		
00:24:26 --> 00:24:29
			two years, for three years, for 20 years.
		
00:24:29 --> 00:24:30
			Now we want an elevator.
		
00:24:30 --> 00:24:33
			Okay, you know, you can have it, but
		
00:24:33 --> 00:24:34
			I'm not going to participate.
		
00:24:35 --> 00:24:37
			But if I don't participate, I don't use
		
00:24:37 --> 00:24:39
			it until I participate.
		
00:24:45 --> 00:24:52
			Okay, now let us, so this is just
		
00:24:52 --> 00:24:56
			basically an introduction to the subsidiary maxims and
		
00:24:56 --> 00:24:58
			the applications that we will discuss under the
		
00:24:58 --> 00:25:02
			subsidiary maxims of al-Qaeda al-Thalitha, the
		
00:25:02 --> 00:25:06
			third maxim, la darar wa la darar.
		
00:25:06 --> 00:25:09
			There should be no harm or reciprocation of
		
00:25:09 --> 00:25:09
			harm.
		
00:25:10 --> 00:25:12
			La darar wa la darar.
		
00:25:12 --> 00:25:20
			No harm and no reciprocation
		
00:25:20 --> 00:25:24
			of harm.
		
00:25:25 --> 00:25:28
			Okay, now we will have 10 qawa'id
		
00:25:28 --> 00:25:30
			to go over, 10 qawa'id to go
		
00:25:30 --> 00:25:31
			over.
		
00:25:31 --> 00:25:34
			They will look to you the same, but
		
00:25:34 --> 00:25:35
			they are different.
		
00:25:35 --> 00:25:38
			And our job in the next couple of
		
00:25:38 --> 00:25:45
			sessions will be to show the distinctions between
		
00:25:45 --> 00:25:47
			those qawa'id, because there is qadr mushtarak,
		
00:25:48 --> 00:25:50
			there is overlap, there is common degree and
		
00:25:50 --> 00:25:52
			overlap between those qawa'id.
		
00:25:52 --> 00:25:56
			They are all children of this qaeda, la
		
00:25:56 --> 00:25:57
			darar wa la darar.
		
00:25:57 --> 00:25:59
			So it is expected that they will have
		
00:25:59 --> 00:26:01
			some commonalities between them.
		
00:26:04 --> 00:26:07
			And just to have a bird's view of
		
00:26:07 --> 00:26:10
			all the qawa'id, let's just write them
		
00:26:10 --> 00:26:11
			all here.
		
00:26:15 --> 00:26:22
			Darar yudfa biqadr al-imkan.
		
00:26:25 --> 00:26:32
			Harm is to be repelled.
		
00:26:34 --> 00:26:37
			Yudfa is different from yurfa.
		
00:26:37 --> 00:26:39
			Yurfa is to be removed.
		
00:26:39 --> 00:26:40
			Yudfa is to be repelled.
		
00:26:41 --> 00:26:43
			So this is harm before it happens, is
		
00:26:43 --> 00:26:44
			to be repelled.
		
00:26:45 --> 00:26:47
			Yudfa is different from yurfa.
		
00:26:48 --> 00:26:52
			Yudfa is to be repelled, biqadr al-imkan,
		
00:26:52 --> 00:26:55
			as much as possible, as much as possible.
		
00:26:56 --> 00:27:00
			So harm is to be removed as much
		
00:27:00 --> 00:27:03
			as possible.
		
00:27:03 --> 00:27:05
			That's the first one.
		
00:27:07 --> 00:27:09
			Then al-darar yuzal or yurfa.
		
00:27:10 --> 00:27:14
			Then al-darar yuzal or yurfa.
		
00:27:15 --> 00:27:16
			Darar is harm.
		
00:27:16 --> 00:27:19
			Harm is to be removed.
		
00:27:20 --> 00:27:22
			Here it already happened.
		
00:27:23 --> 00:27:25
			You want to remove it.
		
00:27:26 --> 00:27:28
			Then al-darar la yuzalu bimithlihi.
		
00:27:29 --> 00:27:35
			Al-darar la yuzal bimithlihi.
		
00:27:36 --> 00:27:40
			So harm is not to be removed by
		
00:27:40 --> 00:27:42
			equal harm.
		
00:27:43 --> 00:27:44
			Equal harm.
		
00:27:44 --> 00:27:51
			Then al-darar al-ashad yuzalu bil-akhaf.
		
00:27:52 --> 00:28:01
			Al-darar al-ashad yuzalu bil-akhaf.
		
00:28:03 --> 00:28:04
			Al-darar is harm.
		
00:28:05 --> 00:28:08
			Ashad is greater or what?
		
00:28:08 --> 00:28:09
			Yeah, greater.
		
00:28:12 --> 00:28:15
			Greater harm is to be removed.
		
00:28:15 --> 00:28:25
			To be removed by the lesser
		
00:28:25 --> 00:28:27
			harm or by a lesser harm.
		
00:28:28 --> 00:28:29
			A lesser harm.
		
00:28:30 --> 00:28:34
			So sometimes you cannot remove harm without harm.
		
00:28:35 --> 00:28:38
			So in this case, we have two qawad.
		
00:28:39 --> 00:28:41
			The first one that we mentioned is that
		
00:28:41 --> 00:28:43
			you don't remove harm by equal harm.
		
00:28:43 --> 00:28:44
			It's useless.
		
00:28:44 --> 00:28:45
			It's equal harm.
		
00:28:46 --> 00:28:50
			But you remove harm by a lesser harm.
		
00:28:50 --> 00:28:57
			Which is close to yukhtaru ahwan ash-sharrayn.
		
00:28:57 --> 00:28:59
			But there is a difference that we will
		
00:28:59 --> 00:29:01
			show, inshallah, when we discuss them.
		
00:29:02 --> 00:29:04
			Yukhtar, to be selected.
		
00:29:05 --> 00:29:07
			Ahwan, the lesser.
		
00:29:07 --> 00:29:10
			Ash-sharrayn, of the two evils.
		
00:29:10 --> 00:29:13
			The lesser of two evils is chosen.
		
00:29:13 --> 00:29:15
			The lesser of two evils is chosen.
		
00:29:16 --> 00:29:27
			Then, itha ta
		
00:29:27 --> 00:29:30
			'aradat mafsadatani.
		
00:29:44 --> 00:29:47
			This will be the next one.
		
00:29:50 --> 00:29:57
			So when mafsadatani, two evils or two harms,
		
00:29:59 --> 00:30:05
			ta'aradat, conflicted, itha, if ru'ya, considered,
		
00:30:05 --> 00:30:10
			a'zamuhumma, the greater, darar, in harm, bertikab,
		
00:30:11 --> 00:30:20
			by performing or by committing, akhafihimma,
		
00:30:21 --> 00:30:21
			the lesser.
		
00:30:22 --> 00:30:26
			So when two harms conflict, the greater harm
		
00:30:26 --> 00:30:28
			is mitigated by committing the lesser harm.
		
00:30:29 --> 00:30:32
			Then, yutahammal ad-darar al-aam li-daf
		
00:30:32 --> 00:30:33
			'a ad-darar al-khaas.
		
00:30:34 --> 00:30:39
			Yutahammal ad-darar al-aam li-daf'a
		
00:30:39 --> 00:30:42
			ad-darar al-khaas.
		
00:30:44 --> 00:30:45
			Yutahammal means what?
		
00:30:45 --> 00:30:47
			To be tolerated.
		
00:30:47 --> 00:30:50
			Ad-darar al-aam, public harm.
		
00:30:50 --> 00:30:52
			Li-daf'a, to repel.
		
00:30:53 --> 00:30:55
			Ad-darar al-khaas, private harm.
		
00:30:55 --> 00:30:58
			So you prevent public harm.
		
00:31:00 --> 00:31:01
			I'm sorry.
		
00:31:03 --> 00:31:04
			Sorry.
		
00:31:04 --> 00:31:05
			Yes, of course.
		
00:31:06 --> 00:31:07
			Of course.
		
00:31:08 --> 00:31:10
			It's the opposite.
		
00:31:10 --> 00:31:16
			You repel public harm by tolerating private harm.
		
00:31:16 --> 00:31:19
			You repel public harm by tolerating private harm.
		
00:31:19 --> 00:31:25
			If you have to basically make a road
		
00:31:25 --> 00:31:27
			and it has to go through a residential
		
00:31:27 --> 00:31:32
			area and you really need to, you can
		
00:31:32 --> 00:31:34
			tolerate private harm.
		
00:31:34 --> 00:31:37
			But in this case, you will have to
		
00:31:37 --> 00:31:38
			compensate the people.
		
00:31:38 --> 00:31:44
			And that is something that we will talk
		
00:31:44 --> 00:31:48
			about compensation here.
		
00:31:48 --> 00:31:53
			Then the next one is dar al-mafasid
		
00:31:53 --> 00:31:57
			awla min jalb al-manafa.
		
00:31:58 --> 00:32:07
			Dar al-mafasid awla min jalb al-manafa.
		
00:32:08 --> 00:32:11
			So dar is to repel.
		
00:32:11 --> 00:32:14
			Mafasid harms or evils.
		
00:32:14 --> 00:32:16
			Corruption, I guess.
		
00:32:17 --> 00:32:20
			Awla takes precedence.
		
00:32:20 --> 00:32:23
			Min jalb from procuring benefit.
		
00:32:24 --> 00:32:29
			So to translate this, repelling harm takes precedence
		
00:32:29 --> 00:32:31
			over bringing benefits.
		
00:32:32 --> 00:32:35
			Like those of you who practice medicine.
		
00:32:35 --> 00:32:37
			Don't they teach you first to do no
		
00:32:37 --> 00:32:38
			harm?
		
00:32:38 --> 00:32:39
			First to do no harm.
		
00:32:41 --> 00:32:42
			Then the next one.
		
00:32:49 --> 00:32:52
			But keep in mind, dar al-mafasid awla
		
00:32:52 --> 00:32:53
			min jalb al-manafa.
		
00:32:54 --> 00:32:56
			We will have a contingency that we will
		
00:32:56 --> 00:32:58
			address when we come to talk about this
		
00:32:58 --> 00:33:00
			principle, which is a very important contingency.
		
00:33:01 --> 00:33:04
			We're presuming here that the mafsada and manfa
		
00:33:04 --> 00:33:06
			'a are of equal significance.
		
00:33:06 --> 00:33:12
			But sometimes, sometimes, they're not of equal significance.
		
00:33:12 --> 00:33:16
			Therefore, this qahida does not always apply.
		
00:33:16 --> 00:33:18
			So you don't repel.
		
00:33:19 --> 00:33:24
			You don't basically forego a great benefit, a
		
00:33:24 --> 00:33:29
			great benefit to avoid a small harm.
		
00:33:29 --> 00:33:32
			No, you tolerate the small harm to procure
		
00:33:32 --> 00:33:33
			a great benefit.
		
00:33:34 --> 00:33:34
			Okay.
		
00:33:39 --> 00:33:43
			Which means when a cause for action and
		
00:33:43 --> 00:33:47
			a cause for abstention conflict, which one will
		
00:33:47 --> 00:33:48
			you give precedence to?
		
00:33:48 --> 00:33:50
			Cause for action or cause for abstention?
		
00:33:51 --> 00:33:51
			Abstention.
		
00:33:56 --> 00:33:59
			Except if the cause for action is of
		
00:33:59 --> 00:34:00
			greater significance.
		
00:34:01 --> 00:34:11
			The final one is, Whoever
		
00:34:11 --> 00:34:15
			destroys something for personal benefit is liable, but
		
00:34:15 --> 00:34:19
			if destroyed to avert harm, there is no
		
00:34:19 --> 00:34:20
			liability.
		
00:34:20 --> 00:34:21
			There is no liability.
		
00:34:22 --> 00:34:26
			Whoever destroys something to avert harm.
		
00:34:26 --> 00:34:33
			So, like, a camel attacks you, and you
		
00:34:33 --> 00:34:33
			kill the camel.
		
00:34:34 --> 00:34:35
			Are you liable?
		
00:34:36 --> 00:34:36
			No.
		
00:34:38 --> 00:34:41
			But you find the camel, and you're so
		
00:34:41 --> 00:34:45
			hungry, like, muttarr, to eat it, and you
		
00:34:45 --> 00:34:46
			eat it.
		
00:34:46 --> 00:34:47
			Are you liable?
		
00:34:48 --> 00:34:48
			Yes.
		
00:34:50 --> 00:34:50
			Yes.
		
00:34:51 --> 00:34:53
			You're liable for what?
		
00:34:53 --> 00:34:55
			You're not sinful.
		
00:34:56 --> 00:34:58
			You're liable for compensation.
		
00:34:59 --> 00:35:00
			So you have to compensate.
		
00:35:01 --> 00:35:02
			In the first case, do you have to
		
00:35:02 --> 00:35:02
			compensate?
		
00:35:03 --> 00:35:03
			No.
		
00:35:04 --> 00:35:07
			Camel attacks you, you kill the camel, no
		
00:35:07 --> 00:35:08
			compensation.
		
00:35:09 --> 00:35:12
			You eat the camel because you're hungry, you
		
00:35:12 --> 00:35:12
			compensate.
		
00:35:13 --> 00:35:14
			Are you sinful?
		
00:35:14 --> 00:35:16
			No, you're not sinful because you're muttarr.
		
00:35:16 --> 00:35:17
			Okay.
		
00:35:18 --> 00:35:25
			So, let's take, harm is to be repelled
		
00:35:25 --> 00:35:27
			as much as possible.
		
00:35:27 --> 00:35:29
			Harm is to be repelled as much as
		
00:35:29 --> 00:35:29
			possible.
		
00:35:31 --> 00:35:34
			So, what do we mean by harm is
		
00:35:34 --> 00:35:36
			to be repelled as much as possible?
		
00:35:38 --> 00:35:42
			It means that as much as possible refers
		
00:35:42 --> 00:35:42
			to what?
		
00:35:43 --> 00:35:46
			Refers to harm, or refers to the means
		
00:35:46 --> 00:35:47
			by which you repel the harm?
		
00:35:47 --> 00:35:49
			Refers to both, both.
		
00:35:50 --> 00:35:52
			So, meaning what?
		
00:35:53 --> 00:35:55
			All harm is to be prevented, but if
		
00:35:55 --> 00:35:57
			you cannot, then you minimize it.
		
00:35:58 --> 00:36:03
			So, because many times you can't repel or
		
00:36:03 --> 00:36:04
			remove all harm.
		
00:36:05 --> 00:36:08
			So, in this case, your obligation would be
		
00:36:08 --> 00:36:09
			to minimize it.
		
00:36:10 --> 00:36:12
			And harm is to be repelled as much
		
00:36:12 --> 00:36:12
			as possible.
		
00:36:13 --> 00:36:15
			As much as possible also refers to the
		
00:36:15 --> 00:36:16
			means by which you repel the harm.
		
00:36:16 --> 00:36:18
			Whatever means possible.
		
00:36:18 --> 00:36:21
			Lawful, possible means you have.
		
00:36:21 --> 00:36:24
			You use them to repel the harm.
		
00:36:25 --> 00:36:27
			So, examples of repelling harm as much as
		
00:36:27 --> 00:36:27
			possible.
		
00:36:28 --> 00:36:29
			Jihad is one of them.
		
00:36:30 --> 00:36:32
			Equal retribution is one of them.
		
00:36:32 --> 00:36:34
			Hudud would be one of them.
		
00:36:35 --> 00:36:37
			And we said the physical aggressor.
		
00:36:37 --> 00:36:40
			We have the right to push away the
		
00:36:40 --> 00:36:41
			physical aggressor.
		
00:36:42 --> 00:36:45
			But, which is the as-sa'il.
		
00:36:45 --> 00:36:47
			That physical aggressor as-sa'il.
		
00:36:47 --> 00:36:49
			The one, the person who is assaulting you,
		
00:36:49 --> 00:36:50
			attacking you.
		
00:36:50 --> 00:36:56
			They say clearly that if you, if he
		
00:36:56 --> 00:37:02
			will desist by like sort of verbal warnings.
		
00:37:03 --> 00:37:04
			You are not allowed to strike them.
		
00:37:05 --> 00:37:06
			You are not allowed to hit them.
		
00:37:07 --> 00:37:10
			If speech will suffice, you are not allowed
		
00:37:10 --> 00:37:10
			to strike.
		
00:37:10 --> 00:37:15
			And if striking by a stick suffices, you
		
00:37:15 --> 00:37:17
			are not allowed to strike by a sword.
		
00:37:19 --> 00:37:23
			And if striking by a sword, like the
		
00:37:23 --> 00:37:24
			way they do this.
		
00:37:24 --> 00:37:27
			Like the way you should basically arrest a
		
00:37:27 --> 00:37:27
			criminal.
		
00:37:28 --> 00:37:31
			If you have to shoot them, you shoot
		
00:37:31 --> 00:37:31
			them in the leg.
		
00:37:32 --> 00:37:33
			You don't shoot them in the heart.
		
00:37:33 --> 00:37:35
			So, you shoot them in the leg to
		
00:37:35 --> 00:37:39
			basically restrain them.
		
00:37:39 --> 00:37:41
			And so on.
		
00:37:42 --> 00:37:45
			So, you try to do this as much
		
00:37:45 --> 00:37:46
			as you can.
		
00:37:49 --> 00:37:51
			We are talking here about al-daf'a
		
00:37:51 --> 00:37:52
			or al-raf'a.
		
00:37:53 --> 00:37:55
			We are talking about al-daf'a.
		
00:37:55 --> 00:37:57
			Al-darar yudf'a biqadr al-imkan.
		
00:37:57 --> 00:38:00
			Harm is to be repelled, not removed.
		
00:38:00 --> 00:38:02
			We are presuming here, this is the first
		
00:38:02 --> 00:38:02
			qaeda.
		
00:38:03 --> 00:38:06
			So, we are going like in a chronological
		
00:38:06 --> 00:38:06
			manner.
		
00:38:06 --> 00:38:08
			We are presuming that darar has not occurred
		
00:38:08 --> 00:38:09
			yet.
		
00:38:09 --> 00:38:11
			But you are trying to repel the harm
		
00:38:11 --> 00:38:12
			before it occurs.
		
00:38:12 --> 00:38:14
			Yudf'a biqadr al-imkan.
		
00:38:14 --> 00:38:19
			And should we always seek to repel it
		
00:38:19 --> 00:38:21
			before it happens?
		
00:38:21 --> 00:38:21
			Of course.
		
00:38:22 --> 00:38:25
			Because they say al-daf'u khayrun wa
		
00:38:25 --> 00:38:26
			'aysar min al-raf'a.
		
00:38:26 --> 00:38:28
			Al-daf'a khayrun wa'aysar min al
		
00:38:28 --> 00:38:29
			-raf'a.
		
00:38:29 --> 00:38:30
			Daf'a is to repel.
		
00:38:31 --> 00:38:34
			The harm is always easier and better than
		
00:38:34 --> 00:38:35
			raf'a.
		
00:38:35 --> 00:38:37
			Which is to remove the harm.
		
00:38:37 --> 00:38:41
			Because once the harm occurs, it will be
		
00:38:41 --> 00:38:42
			more costly.
		
00:38:43 --> 00:38:44
			More costly.
		
00:38:46 --> 00:38:50
			So, if we have means to prevent rulers
		
00:38:50 --> 00:38:54
			from tyranny, it will be much less costly
		
00:38:54 --> 00:39:00
			than to basically remove them afterwards.
		
00:39:05 --> 00:39:09
			Then, okay, so that's the physical aggressor part.
		
00:39:09 --> 00:39:12
			The application of the physical aggressor.
		
00:39:12 --> 00:39:14
			There is the application of shafa'a also.
		
00:39:15 --> 00:39:18
			Shafa'a is basically the right to preemption.
		
00:39:19 --> 00:39:20
			That is to repel harm.
		
00:39:21 --> 00:39:27
			But in the shafa'a, whatever price you
		
00:39:27 --> 00:39:29
			get from the market, I will have to
		
00:39:29 --> 00:39:31
			honor that price.
		
00:39:31 --> 00:39:32
			So, I can't tell you I have the
		
00:39:32 --> 00:39:37
			right to preemption, then sell me your part
		
00:39:37 --> 00:39:40
			at whatever price I determine.
		
00:39:40 --> 00:39:44
			I will have to basically honor the prices
		
00:39:44 --> 00:39:47
			in the market that you will be getting.
		
00:39:49 --> 00:39:52
			Zakah may be delayed if you expect harm.
		
00:39:55 --> 00:39:59
			If you need the money for your sustenance,
		
00:39:59 --> 00:40:01
			and it is zakah due date.
		
00:40:01 --> 00:40:03
			You have your zakah due date today.
		
00:40:05 --> 00:40:06
			Zakah due date is today.
		
00:40:07 --> 00:40:09
			And you have $2,000 in zakah.
		
00:40:12 --> 00:40:17
			But you have in two weeks to pay
		
00:40:17 --> 00:40:18
			your rent.
		
00:40:19 --> 00:40:21
			And you will not have the money for
		
00:40:21 --> 00:40:21
			your rent.
		
00:40:22 --> 00:40:23
			Do you wait?
		
00:40:23 --> 00:40:24
			You wait.
		
00:40:24 --> 00:40:25
			You wait.
		
00:40:25 --> 00:40:30
			You defer your zakah payment, and you pay
		
00:40:30 --> 00:40:31
			your rent.
		
00:40:32 --> 00:40:35
			Because that would be a harm.
		
00:40:36 --> 00:40:38
			Sadaqah is a testament of one's faith.
		
00:40:38 --> 00:40:41
			Sadaqah is a burhan in Islam.
		
00:40:44 --> 00:40:52
			Disambiguation or until there is no harm.
		
00:40:53 --> 00:40:54
			Until there is no harm.
		
00:40:55 --> 00:40:58
			Sadaqah is extremely important in Islam.
		
00:40:58 --> 00:41:04
			However, could you be sinful and given sadaqah?
		
00:41:04 --> 00:41:05
			Yes.
		
00:41:06 --> 00:41:09
			If your family needs it, you're sinful.
		
00:41:10 --> 00:41:15
			So, in Egypt they say, اللَّ يَحْتَاجُ الْبَيْتِ
		
00:41:15 --> 00:41:19
			يَحْرَمْهَا الْقَامَةِ But that's not always accurate.
		
00:41:20 --> 00:41:24
			Whatever your household needs is haram for the
		
00:41:24 --> 00:41:26
			mosque.
		
00:41:26 --> 00:41:28
			Haram to give to the mosque.
		
00:41:28 --> 00:41:29
			Anyway.
		
00:41:29 --> 00:41:31
			But that's the concept anyway.
		
00:41:32 --> 00:41:37
			And many of the common wisdoms that they
		
00:41:37 --> 00:41:39
			have in Muslim countries should not be dismissed
		
00:41:39 --> 00:41:42
			because they have some roots.
		
00:41:42 --> 00:41:44
			So, you should not dismiss them.
		
00:41:44 --> 00:41:46
			You should not accept them without thought.
		
00:41:47 --> 00:41:49
			And you should not dismiss them without thought.
		
00:41:50 --> 00:41:52
			Often they are distorted.
		
00:41:52 --> 00:41:53
			They're just corrupted.
		
00:41:53 --> 00:42:00
			But they still have some justification.
		
00:42:04 --> 00:42:07
			Now, given it would be sinful if it
		
00:42:07 --> 00:42:09
			results in neglecting the sustenance of one's dependent,
		
00:42:10 --> 00:42:13
			harming one's self, or one's creditors, or one's
		
00:42:13 --> 00:42:14
			guarantor.
		
00:42:16 --> 00:42:18
			Harming one's creditor, one's guarantor.
		
00:42:18 --> 00:42:21
			If you borrow money and you go out
		
00:42:21 --> 00:42:25
			and give charity and give gifts to people,
		
00:42:25 --> 00:42:29
			no, please pay your creditor back before you
		
00:42:29 --> 00:42:33
			go out and act charitable and generous.
		
00:42:35 --> 00:42:38
			And the same applies to the guarantor.
		
00:42:38 --> 00:42:43
			So, if you borrow money and someone guarantees
		
00:42:43 --> 00:42:46
			payment on your behalf, and you go out
		
00:42:46 --> 00:42:48
			and give charity, this can cause harm to
		
00:42:48 --> 00:42:49
			your guarantor.
		
00:42:49 --> 00:42:52
			Because if you're unable to pay, they will
		
00:42:52 --> 00:42:53
			be required to pay in your place.
		
00:42:54 --> 00:42:56
			So, you don't do that.
		
00:42:56 --> 00:43:01
			You basically don't put your guarantor and cause
		
00:43:01 --> 00:43:03
			harm to your guarantor.
		
00:43:06 --> 00:43:10
			That's why they say, وَمَنْ صَدَّقَ بِمَا يَنقُصُ
		
00:43:10 --> 00:43:15
			مَعُونَةً تَلْزَمُهُ كَمَعُونَةِ زَوْجَ أَوْ قَرِيبًا أَسِيمًا لِحَدِيثِ
		
00:43:15 --> 00:43:19
			كَفَى بِالْمَرْءِ يَثْمَنْ أَن يُضَيِّعَ مَنْ يَقُوتُ They
		
00:43:19 --> 00:43:22
			cite here the hadith of, it's enough sin
		
00:43:22 --> 00:43:27
			for a man to neglect those under his
		
00:43:27 --> 00:43:29
			care or to neglect his dependents.
		
00:43:31 --> 00:43:34
			Then, إِلَّا أَن يُوَافِقَ هُوَ عِيَالُهُ عَلَى الْإِيثَارِ
		
00:43:34 --> 00:43:38
			فَهُوَ أَفْضَلٌ لِلْقَوْلِهِ تَعَالَى وَيَوْثِرُونَ عَلَى أَنفُسِهِمْ وَلَوْ
		
00:43:38 --> 00:43:41
			كَانَ بِهِ خَصَاصًا Unless your family members agree
		
00:43:41 --> 00:43:48
			with you on ethar, basically altruism, this altruism,
		
00:43:49 --> 00:43:51
			if you have little and you donate the
		
00:43:51 --> 00:43:55
			little that you have, if everybody is on
		
00:43:55 --> 00:43:57
			board and they agree with you, then you
		
00:43:57 --> 00:43:58
			can do that.
		
00:43:58 --> 00:44:04
			Like your family members are happy with donating
		
00:44:04 --> 00:44:07
			to the neighbor even though they need it
		
00:44:07 --> 00:44:11
			themselves, then you are allowed to do this
		
00:44:11 --> 00:44:17
			because in this case it would be their
		
00:44:17 --> 00:44:20
			consent, you know, based on their consent.
		
00:44:23 --> 00:44:26
			Then he says it's disliked for a pregnant
		
00:44:26 --> 00:44:28
			or a nursing woman to fast if they
		
00:44:28 --> 00:44:30
			fear harm to themselves or their child.
		
00:44:31 --> 00:44:34
			It is disliked for a pregnant woman, you
		
00:44:34 --> 00:44:34
			know.
		
00:44:34 --> 00:44:40
			Our religion is very sensible and very balanced,
		
00:44:41 --> 00:44:41
			very moderate.
		
00:44:46 --> 00:44:55
			It doesn't really appreciate, it doesn't appreciate extremism,
		
00:44:55 --> 00:44:59
			but it also does not appreciate thoughtlessness.
		
00:45:01 --> 00:45:03
			It is not meant to be a societal
		
00:45:03 --> 00:45:04
			pact.
		
00:45:04 --> 00:45:07
			It is meant to procure benefits for the
		
00:45:07 --> 00:45:08
			people and repel harms.
		
00:45:10 --> 00:45:13
			So if someone feels, you know, if like
		
00:45:13 --> 00:45:14
			a woman feels, no, I will be able
		
00:45:14 --> 00:45:17
			to do it and she causes harm, you
		
00:45:17 --> 00:45:21
			know, she's breastfeeding, for instance, and she's seeing
		
00:45:21 --> 00:45:24
			that her milk is diminishing because she insists
		
00:45:24 --> 00:45:27
			to fast, then that's disliked.
		
00:45:27 --> 00:45:29
			That's not heroic or anything.
		
00:45:29 --> 00:45:32
			That's just, you know, bad religiosity.
		
00:45:35 --> 00:45:39
			Then a muttar is permitted to consume someone
		
00:45:39 --> 00:45:45
			else's property to preserve their life, but they
		
00:45:45 --> 00:45:47
			are liable, as we said, because we said,
		
00:45:47 --> 00:45:50
			يُتْفَعْ بِقَدْرِ الْإِمْكَانِ So we did repel it,
		
00:45:51 --> 00:45:54
			بِقَدْرِ الْإِمْكَانِ You can eat that camel or
		
00:45:54 --> 00:45:55
			you can eat that sheep.
		
00:45:56 --> 00:45:58
			So we did repel harm from you, but
		
00:45:58 --> 00:46:01
			قَدْرِ الْإِمْكَانِ does not mean that you're not
		
00:46:01 --> 00:46:02
			liable financially.
		
00:46:02 --> 00:46:04
			You should be liable.
		
00:46:06 --> 00:46:09
			It's impermissible for the ruler to appoint, you
		
00:46:09 --> 00:46:10
			know, this is a good example also.
		
00:46:11 --> 00:46:13
			It's impermissible for the ruler to appoint a
		
00:46:13 --> 00:46:17
			corrupt individual to oversee an orphan's property.
		
00:46:18 --> 00:46:22
			Like if you have an orphan and you
		
00:46:22 --> 00:46:24
			need to have a manager for the property,
		
00:46:24 --> 00:46:28
			can the ruler appoint a corrupt individual, a
		
00:46:28 --> 00:46:30
			fasiq, to manage the orphan's property?
		
00:46:30 --> 00:46:31
			Of course not.
		
00:46:32 --> 00:46:33
			It's not allowed.
		
00:46:34 --> 00:46:39
			What if the endower, الواقف, appoints a fasiq
		
00:46:39 --> 00:46:42
			individual, appoints a corrupt individual?
		
00:46:43 --> 00:46:45
			So الواقف is the one who had the
		
00:46:45 --> 00:46:51
			property and is the one who made the
		
00:46:51 --> 00:46:51
			endowment.
		
00:46:52 --> 00:46:55
			Should we respect the wishes of الواقف, the
		
00:46:55 --> 00:46:55
			donor?
		
00:46:56 --> 00:46:56
			It's his money.
		
00:46:58 --> 00:46:58
			Yes, you should.
		
00:46:59 --> 00:47:03
			But then if he puts this endowment in
		
00:47:03 --> 00:47:06
			the name of an orphan, his child for
		
00:47:06 --> 00:47:09
			instance, he dies and he makes an endowment
		
00:47:09 --> 00:47:12
			for his children and he appoints someone who
		
00:47:12 --> 00:47:12
			is wicked.
		
00:47:13 --> 00:47:14
			What are we going to do now?
		
00:47:15 --> 00:47:17
			Are we going to respect his wishes because
		
00:47:17 --> 00:47:18
			it's his money?
		
00:47:18 --> 00:47:27
			Or are we going to basically give
		
00:47:27 --> 00:47:30
			precedence to the right of the orphan?
		
00:47:31 --> 00:47:32
			We're going to try to do both because
		
00:47:32 --> 00:47:35
			that is the meaning of بقدر الامكان, as
		
00:47:35 --> 00:47:36
			much as possible.
		
00:47:36 --> 00:47:39
			As much as possible here, I want to
		
00:47:39 --> 00:47:42
			honor the right of the endower and I
		
00:47:42 --> 00:47:45
			want to prevent or avert harm from the
		
00:47:45 --> 00:47:45
			orphan.
		
00:47:45 --> 00:47:48
			So what they say here is you keep
		
00:47:48 --> 00:47:50
			him and you add an overseer.
		
00:47:52 --> 00:47:54
			Keep the manager and add an overseer.
		
00:48:00 --> 00:48:04
			Or sometimes also someone can appoint a person
		
00:48:04 --> 00:48:06
			and they become wicked.
		
00:48:06 --> 00:48:08
			They were righteous, they become wicked.
		
00:48:08 --> 00:48:12
			In this case, keep them, add an overseer.
		
00:48:13 --> 00:48:15
			So that you honor the right, you know,
		
00:48:16 --> 00:48:17
			of the endower.
		
00:48:19 --> 00:48:22
			So the final thing under this قعدة is
		
00:48:22 --> 00:48:25
			it's disliked for someone who cannot endure hardship
		
00:48:25 --> 00:48:29
			or is unaccustomed to it to reduce provisions
		
00:48:29 --> 00:48:33
			below his needs, to reduce his provisions below
		
00:48:33 --> 00:48:36
			his needs or their provisions below their needs.
		
00:48:36 --> 00:48:44
			Like, you know, most of the, like, you're
		
00:48:44 --> 00:48:46
			not Abu Bakr to donate all of your
		
00:48:46 --> 00:48:48
			money and you're not Omar to donate half
		
00:48:48 --> 00:48:48
			of your money.
		
00:48:50 --> 00:48:52
			Most of the time, people who do these
		
00:48:52 --> 00:48:54
			things, they get like excited and they do
		
00:48:54 --> 00:48:56
			things of that nature and they are not
		
00:48:56 --> 00:48:57
			there yet.
		
00:48:57 --> 00:48:59
			They become regretful afterwards.
		
00:49:00 --> 00:49:01
			They become regretful afterwards.
		
00:49:02 --> 00:49:06
			So there are, there is a statement here
		
00:49:06 --> 00:49:09
			from Maunat ul-Innuha that's very beautiful.
		
00:49:10 --> 00:49:12
			So maybe I will read parts of it
		
00:49:12 --> 00:49:15
			because it's very, it's very powerful, very beautiful.
		
00:49:15 --> 00:49:22
			He says, This is one of the Mu'tamad
		
00:49:22 --> 00:49:24
			books of the Hanbali Madhhab.
		
00:49:34 --> 00:49:37
			It's disliked for someone who cannot endure hardship
		
00:49:37 --> 00:49:39
			or is unaccustomed to hardship to reduce their
		
00:49:39 --> 00:49:42
			provisions below what is sufficient for their needs.
		
00:49:43 --> 00:49:45
			نص عليه means what?
		
00:49:45 --> 00:49:47
			Explicitly stated by Imam Ahmad.
		
00:49:47 --> 00:49:50
			When they say نص عليه, it means explicitly
		
00:49:50 --> 00:49:52
			stated by Imam Ahmad.
		
00:49:53 --> 00:49:55
			Did they allow him to borrow money to
		
00:49:55 --> 00:50:00
			give a gift for his, But Imam Ahmad
		
00:50:00 --> 00:50:03
			allowed him to borrow money to give a
		
00:50:03 --> 00:50:06
			gift to a relative on their wedding.
		
00:50:07 --> 00:50:11
			So Imam bin Taymiyyah said this shows that
		
00:50:11 --> 00:50:16
			borrowing for silat al-rahm to join one's
		
00:50:16 --> 00:50:20
			kin is permissible according to Imam Ahmad.
		
00:50:21 --> 00:50:23
			And certainly you're borrowing money that you will
		
00:50:23 --> 00:50:24
			be able to pay back.
		
00:50:25 --> 00:50:27
			You're borrowing money that you'll be able to
		
00:50:27 --> 00:50:27
			pay back.
		
00:50:28 --> 00:50:31
			But if you feel altruistic and charitable, and
		
00:50:31 --> 00:50:36
			you feel that your family member is having
		
00:50:36 --> 00:50:37
			a wedding tomorrow, and you borrow a little
		
00:50:37 --> 00:50:39
			bit of money to buy them a gift,
		
00:50:39 --> 00:50:41
			then that's not a big deal.
		
00:50:41 --> 00:50:42
			That's not a problem.
		
00:50:44 --> 00:50:48
			Ibn Aqeel said, Ibn Aqeel is one of
		
00:50:48 --> 00:50:54
			the finest Hanbalis, in terms of, certainly Ibn
		
00:50:54 --> 00:50:56
			Aqeel had his issues with Aqeedah matters and
		
00:50:56 --> 00:50:57
			issues of that nature.
		
00:50:58 --> 00:51:02
			But Ibn Aqeel was a genius, a very
		
00:51:02 --> 00:51:04
			brilliant Hanbali, and a very prolific writer.
		
00:51:05 --> 00:51:06
			An extremely prolific writer.
		
00:51:07 --> 00:51:08
			Maybe one of the most prolific in our
		
00:51:08 --> 00:51:09
			history.
		
00:51:10 --> 00:51:14
			So Ibn Aqeel says, by Allah, أُقْسِمُوا بِاللَّهِ
		
00:51:14 --> 00:51:17
			لَوْ عَبَسَ الزَّمَانُ فِي وَجْهِكَ مَرًّا لَوْ عَبَسَ
		
00:51:17 --> 00:51:20
			فِي وَجْهِكَ أَهْلُكَ وَجِيرَانُكَ By Allah, if difficult
		
00:51:20 --> 00:51:25
			times frown upon you once, your own family
		
00:51:25 --> 00:51:27
			and neighbors will frown upon you.
		
00:51:29 --> 00:51:36
			So he's saying that, you know, try to
		
00:51:36 --> 00:51:37
			keep some of your money.
		
00:51:38 --> 00:51:41
			Because if hard times frown upon you once,
		
00:51:42 --> 00:51:44
			your family and neighbors will always frown upon
		
00:51:44 --> 00:51:44
			you.
		
00:51:47 --> 00:51:50
			Then he also mentioned, he also quoted Ibn
		
00:51:50 --> 00:51:53
			Al-Jawzi in his book Al-Sirr Al
		
00:51:53 --> 00:51:54
			-Masnoon.
		
00:51:55 --> 00:51:57
			He says, Ibn Al-Jawzi says, الأولى أن
		
00:51:57 --> 00:52:03
			يتدخر لحاجة تعرض وأنه قد يتفق له مرفق
		
00:52:03 --> 00:52:09
			فيخرج ما في يده فينقطع مرفقه فيلاقي من
		
00:52:09 --> 00:52:15
			الضراء والذل ما يكون الموت دونه فلا ينبغي
		
00:52:15 --> 00:52:22
			لعاقل أن يعمل بمقتضى الحال الحاضر So he
		
00:52:22 --> 00:52:28
			said, قد يتفق له مرفق فيخرج ما في
		
00:52:28 --> 00:52:33
			يده It's better to save for an unforeseen
		
00:52:33 --> 00:52:36
			need as it may happen that a person
		
00:52:36 --> 00:52:39
			has a source of income for a period
		
00:52:39 --> 00:52:43
			of time so they expand their wealth and
		
00:52:43 --> 00:52:47
			then that source of income is interrupted leaving
		
00:52:47 --> 00:52:50
			them to face hardship and humiliation worse than
		
00:52:50 --> 00:52:53
			death itself Therefore it's unwise for a rational
		
00:52:53 --> 00:52:58
			person to act based solely on present circumstances
		
00:53:01 --> 00:53:04
			And then he said, وقد تزهد خلق كثير
		
00:53:04 --> 00:53:06
			فأخرجوا ما في أيديهم ثم احتاجوا فدخلوا في
		
00:53:06 --> 00:53:09
			مكروهات والحازم من يحفظ ما في يده والإمساك
		
00:53:09 --> 00:53:12
			في حق الكريم جهاد كما أن إخراج ما
		
00:53:12 --> 00:53:17
			في يد البخير جهاد والحاجة تحوج إلى كل
		
00:53:17 --> 00:53:21
			محنة He further remarked, many individuals embraced asceticism
		
00:53:21 --> 00:53:24
			giving away all they owned only to later
		
00:53:24 --> 00:53:29
			fall into need resorting to disliked practices So
		
00:53:29 --> 00:53:34
			after they gave up their wealth they became
		
00:53:34 --> 00:53:38
			poor and then they resorted to suboptimal and
		
00:53:38 --> 00:53:42
			disliked practices things that are not completely wholesome
		
00:53:42 --> 00:53:49
			to recoup So he says, the prudent person
		
00:53:49 --> 00:53:54
			preserves what they have and restraint in a
		
00:53:54 --> 00:53:57
			generous person is a form of striving just
		
00:53:57 --> 00:54:00
			as spending for a miser is a form
		
00:54:00 --> 00:54:04
			of striving Need leads to all forms of
		
00:54:04 --> 00:54:12
			hardship Then he quotes Bishr al-Hafi who
		
00:54:12 --> 00:54:20
			says If I had a single chicken to
		
00:54:20 --> 00:54:23
			support I would fear being a toll collector
		
00:54:23 --> 00:54:32
			on the bridge Sufyan al-Thawri said فَإِنَّهُ
		
00:54:32 --> 00:54:36
			زَمَانٌ مَنَحْتَاجَ فِيهِ كَانَ أَوَّلُ مَا يَبْذُلُ دِينُهُ
		
00:54:37 --> 00:54:43
			أو كان أول ما يبذل دينه Sufyan al
		
00:54:43 --> 00:54:46
			-Thawri said If someone has wealth they should
		
00:54:46 --> 00:54:49
			tie it to the horn of an ox
		
00:54:49 --> 00:54:53
			for this is an era in which when
		
00:54:53 --> 00:54:56
			a person falls into need the first thing
		
00:54:56 --> 00:55:00
			they sacrifice is their religion the first thing
		
00:55:00 --> 00:55:04
			they sacrifice is their religion so if you
		
00:55:04 --> 00:55:07
			have money to protect you from sacrificing your
		
00:55:07 --> 00:55:10
			religion don't give it up all and then
		
00:55:10 --> 00:55:14
			sacrifice your religion then get into suboptimal and
		
00:55:14 --> 00:55:25
			disliked practices or even outright haram practices anyway
		
00:55:25 --> 00:55:29
			so these are just some of the wisdoms
		
00:55:29 --> 00:55:32
			of some of the great scholars in this
		
00:55:32 --> 00:55:37
			regard that is not basically to condone miserliness
		
00:55:37 --> 00:55:42
			or to encourage stinginess of course not but
		
00:55:42 --> 00:55:46
			that is to act with prudence so that
		
00:55:46 --> 00:55:51
			you don't befall yourself into hardship and then
		
00:55:51 --> 00:55:53
			if you fall into hardship you have no
		
00:55:53 --> 00:55:55
			guarantee you don't know how you will be
		
00:55:55 --> 00:56:00
			like in times of need so you don't
		
00:56:00 --> 00:56:02
			put yourself in a fitna, in a trial
		
00:56:02 --> 00:56:05
			and then test yourself don't try to test
		
00:56:05 --> 00:56:13
			yourself because often times people fail the second
		
00:56:13 --> 00:56:17
			here is al-darar yuzal harm must be
		
00:56:17 --> 00:56:21
			removed the first one the first subsidiary maxim
		
00:56:21 --> 00:56:24
			was to be repelled harm did not occur
		
00:56:24 --> 00:56:27
			yet you are trying to repel it before
		
00:56:27 --> 00:56:30
			it occurs the second one is al-darar
		
00:56:30 --> 00:56:36
			yuzal harm must be removed so if harm
		
00:56:36 --> 00:56:38
			cannot be prevented and it occurs, efforts must
		
00:56:38 --> 00:56:41
			be directed toward removing it there are so
		
00:56:41 --> 00:56:44
			many applications as we said, compensations for the
		
00:56:44 --> 00:56:48
			straight property that is removed after harm occurred
		
00:56:49 --> 00:56:52
			options in sales, that's remover after harm has
		
00:56:52 --> 00:56:56
			occurred to remove harmful structures to remove harmful
		
00:56:56 --> 00:57:01
			structures such as gutters and canopies so like
		
00:57:03 --> 00:57:07
			sabat is a canopy if you have if
		
00:57:07 --> 00:57:11
			you want, if this is a pathway and
		
00:57:11 --> 00:57:13
			this is your wall, this is a neighbor's
		
00:57:13 --> 00:57:15
			wall and there is a pathway between your
		
00:57:15 --> 00:57:18
			wall and your neighbor's wall and you decide
		
00:57:18 --> 00:57:20
			to build a canopy here, it's called sabat
		
00:57:20 --> 00:57:23
			you decide to build a canopy if this
		
00:57:23 --> 00:57:27
			canopy is low enough that it causes inconvenience
		
00:57:27 --> 00:57:32
			to the pedestrians you have to deconstruct it
		
00:57:32 --> 00:57:35
			you have to remove the canopy if you
		
00:57:35 --> 00:57:38
			have a gutter that is basically pouring water
		
00:57:38 --> 00:57:41
			on people you will be forced to remove
		
00:57:41 --> 00:57:48
			your gutter what if the pathway is low
		
00:57:48 --> 00:57:55
			and over time over time like accumulation of
		
00:57:55 --> 00:57:59
			dust or whatever the pathway becomes higher and
		
00:57:59 --> 00:58:04
			then the canopy is causing nuisance and inconvenience
		
00:58:04 --> 00:58:09
			to the pedestrians but when you built it
		
00:58:09 --> 00:58:12
			it was fine it met the code, whatever
		
00:58:12 --> 00:58:17
			it was high enough you will still be
		
00:58:17 --> 00:58:21
			forced to remove it because there is now
		
00:58:21 --> 00:58:24
			no harm harm has to be removed harm
		
00:58:24 --> 00:58:33
			has to be removed now another example if
		
00:58:33 --> 00:58:35
			you begin a prayer with an imam and
		
00:58:35 --> 00:58:37
			the imam prolongs the prayer and he will
		
00:58:37 --> 00:58:40
			cause you harm you are getting really tired
		
00:58:40 --> 00:58:44
			you have a train to catch whatever it
		
00:58:44 --> 00:58:47
			is and the imam is prolonging the prayer
		
00:58:47 --> 00:58:50
			beyond what is customary are you allowed to
		
00:58:50 --> 00:58:54
			separate and finish your prayer yes, you are
		
00:58:54 --> 00:58:57
			allowed to separate from the congregation and finish
		
00:58:57 --> 00:58:59
			your prayer so that you can catch work,
		
00:59:00 --> 00:59:01
			catch your train, etc.
		
00:59:02 --> 00:59:05
			and this will not invalidate your prayer if
		
00:59:05 --> 00:59:09
			someone borrows coins this is a good example
		
00:59:09 --> 00:59:11
			here, we will make this the final example
		
00:59:11 --> 00:59:16
			in this session if someone don't overdo it
		
00:59:16 --> 00:59:18
			don't be doing this tomorrow in the masjid
		
00:59:18 --> 00:59:27
			and make a scene but if someone borrows
		
00:59:28 --> 00:59:35
			coins and then he says and he doesn't
		
00:59:35 --> 00:59:39
			say money in general because gold and silver
		
00:59:39 --> 00:59:42
			cannot be prohibited the circulation of gold and
		
00:59:42 --> 00:59:45
			silver cannot be prohibited by the sultan but
		
00:59:45 --> 00:59:49
			the ones that we have nowadays these are
		
00:59:49 --> 00:59:52
			called falus so they have coins that are
		
00:59:52 --> 00:59:58
			not gold and silver that were used as
		
00:59:58 --> 01:00:05
			currency not gold currency not silver currency now,
		
01:00:05 --> 01:00:09
			if the sultan decided to stop the circulation
		
01:00:09 --> 01:00:12
			prohibit the circulation of a particular coin particular
		
01:00:12 --> 01:00:18
			currency you bought you borrowed money you borrowed
		
01:00:20 --> 01:00:24
			let's say 100 of those coins 100 coins
		
01:00:24 --> 01:00:29
			the sultan basically stopped the circulation of those
		
01:00:29 --> 01:00:35
			coins this is payment time payment time time
		
01:00:37 --> 01:00:42
			you have the 100 coins you have 100
		
01:00:42 --> 01:00:47
			coins and in general the rule is for
		
01:00:47 --> 01:00:53
			payment the exact same not in value but
		
01:00:53 --> 01:01:00
			the exact same property that you borrowed if
		
01:01:00 --> 01:01:05
			you return it the exact same then that's
		
01:01:05 --> 01:01:10
			fine but the sultan prohibited the circulation so
		
01:01:10 --> 01:01:15
			if you pay the exact same back the
		
01:01:15 --> 01:01:22
			creditor the lender that would be a big
		
01:01:22 --> 01:01:24
			loss for the lender so what do we
		
01:01:24 --> 01:01:24
			do here?
		
01:01:28 --> 01:01:32
			we say the value we say the value
		
01:01:32 --> 01:01:36
			the value of the 100 coins now, can
		
01:01:36 --> 01:01:39
			you apply the same thing apply the same
		
01:01:39 --> 01:01:46
			thing nowadays with the depreciation of currency like
		
01:01:46 --> 01:01:51
			you borrow 100 egyptian pounds and then it
		
01:01:51 --> 01:01:53
			gets devalued no, no, no, I shouldn't do
		
01:01:53 --> 01:01:58
			this it gets devalued a lot, devalued a
		
01:01:58 --> 01:02:00
			lot now the sultan did not prohibit the
		
01:02:00 --> 01:02:04
			circulation but it became quite devalued it's time
		
01:02:04 --> 01:02:08
			for you to pay the hanbalis will say
		
01:02:08 --> 01:02:12
			you pay you pay the same 100 they
		
01:02:12 --> 01:02:18
			don't care about the devaluation of the currency
		
01:02:18 --> 01:02:20
			they don't care about the devaluation of the
		
01:02:20 --> 01:02:26
			currency qesad or devaluation of the currency who
		
01:02:26 --> 01:02:30
			cares about devaluation of the currency in case
		
01:02:30 --> 01:02:35
			of we're not talking about just simple devaluation
		
01:02:35 --> 01:02:37
			we're talking about a currency that lost like
		
01:02:37 --> 01:02:41
			95% of its value like a huge
		
01:02:41 --> 01:02:46
			sort of devaluation, depreciation of the value the
		
01:02:46 --> 01:02:49
			two disciples of Imam Abu Hanifa they said
		
01:02:49 --> 01:02:53
			he's required to pay the value not the
		
01:02:53 --> 01:02:56
			exact same and that is the position that
		
01:02:56 --> 01:02:59
			the assembly of muslim jurists of america takes
		
01:02:59 --> 01:03:07
			nowadays when you have extreme devaluation when you
		
01:03:07 --> 01:03:13
			have extreme devaluation of currency whether it was
		
01:03:13 --> 01:03:17
			muakhar sadaq deferred dowry whether it was like
		
01:03:17 --> 01:03:21
			a loan whatever it is then we say
		
01:03:21 --> 01:03:24
			that there will be an arbitration committee to
		
01:03:24 --> 01:03:34
			get to find the point of compromise
		
01:03:34 --> 01:03:38
			that will honor the right of the lender
		
01:03:40 --> 01:03:43
			and the right of the borrower so we
		
01:03:43 --> 01:03:50
			will not basically dismiss the devaluation of the
		
01:03:50 --> 01:03:53
			currency but we're talking here about scenarios where
		
01:03:53 --> 01:03:58
			there is severe devaluation of currency severe devaluation
		
01:03:58 --> 01:04:03
			of currency that's it and why are we
		
01:04:03 --> 01:04:04
			doing this?
		
01:04:05 --> 01:04:09
			to repel harm to remove harm from the
		
01:04:09 --> 01:04:19
			creditor from the lender and
		
01:04:19 --> 01:04:29
			and and and and
		
01:04:35 --> 01:04:38
			and