40 Ahadith of Imam An-Nawawi 33 – How to Handle a Dispute

Hussain Kamani


Channel: Hussain Kamani


File Size: 66.24MB

Episode Notes

Share Page

Transcript ©

AI generated text may display inaccurate or offensive information that doesn’t represent Muslim Central's views. Thus,no part of this transcript may be copied or referenced or transmitted in any way whatsoever.

00:02:00--> 00:02:02

Bismillah al Rahman al Rahim Al Hamdulillah

00:02:03--> 00:02:12

Al Hamdulillah Hirakata salam ala Ibrahim Latino stuffer for Susana Allah so you can do cerebral Halterman and BIA, while other early hit Ischia was herb

00:02:14--> 00:02:14


00:02:16--> 00:02:19

today we are starting with Hadith number 33

00:02:21--> 00:02:46

Anybody our best in the Allahu on Homer and Rasool allah sallallahu alayhi wa sallam called lo your turn now to be the our home that the our region and Walla Coleman was a home while our Kindle vagin at Metairie will be Amina Allah mon anchor, Hadith al Hassan. Rawat will be happy Wilfredo haka, Baba Yaga hoof Asahi hain.

00:02:47--> 00:02:55

The hadith is narrated by Abdullah who had been Ambassador the Allah Han, the messenger of allah sallallahu alayhi wa sallam said,

00:02:57--> 00:03:21

where people give were people to be given everything they claimed. Men were unjustly claimed the wealth and lives of others. But the onus of proof is upon the claimant, the plaintiff, and the taking of an oath is upon the one who denies. This is a Hassan Hadith narrated by Imam and basically, and others in this form. And a part of this narration can also be found in the tussah collections.

00:03:23--> 00:03:33

The hadith we are studying today is a very important Hadith. As we noticed in our previous class, Imam never we don't have to lie here Ali

00:03:34--> 00:03:49

presented the Hadith. That was one of the one that one of the pillars, one of the foundations, a very big part of our deen when it comes to Islamic law. And we covered this very important 55 The legal ruling

00:03:50--> 00:04:37

in today's class in this hadith number 33. Imam No, we don't have the law here today, once again brings an issue that relates to Islamic law. And this hadith actually teaches us how to handle a dispute. Two people disagree over something in particular, more specifically, one person is making a claim against another person. How do you handle this claim? If there isn't a system to handle claims, anyone can claim anything and take anything. And Islam then one of them very organized religion it is there is a principle. And then there are policies as well of how to deal with disagreements and how to handle disputes. A person walks into your house and sees a nice tray there

00:04:37--> 00:04:40

and says this is my tray. Can they take it and walk away?

00:04:41--> 00:04:55

And who knows it might actually be their tray. Maybe you took it? There are so many maybes involved that intervene. We have a method that must be followed whenever someone has a claim against another person.

00:04:56--> 00:04:59

They will know we don't have to lie here Ali writes in his commentary on

00:05:00--> 00:05:15

The Muslim have a hadith to Clarida tune Kavita Tomita idea Kamisha. Regarding this particular Hadith he says that this particular hadith is a great Tida a very great principle from the principles of Islamic law.

00:05:16--> 00:05:41

Now right off the bat when you study the words of the Hadith the Prophet sallallahu alayhi wa sallam said Have people been granted everything they claimed that indeed men let the Adi Jalan Amala Coleman indeed men would take the the wealth of a people and their and claim their blood as well. So in this hadith the Prophet sallallahu alayhi wa sallam uses the word region. Let the idea alone.

00:05:42--> 00:05:59

So there is a question that some people have brought Halal Hadith hospital regional *up doula Nisa that is this particular Hadith this particular Islamic law specific to men because the Prophet sallallahu alayhi wa sallam mentioned the gender or is it um, is it more more general?

00:06:00--> 00:06:44

So this particular Hadith when you read the different variations that it's been narrated in, in some narrations rather than redial. Here we find own. The word poem is mentioned. The Prophet said a long while and he was salam said, he used the word poem, which, if translated in English would be a group of people or a nation. Now, the question is that does the word poem include women? Or is it specific to men only. So those who there is a group of people who argue that this particular hadith is only regarding men and not women, which is a very silly argument. But nonetheless, the argument they bring, they say the word poem, even if you present that the word phone includes only men, it does

00:06:44--> 00:06:54

not include women. And they cite and if the Quran, Allah subhanho wa Taala says, Consider herget author verse number 11. Yeah, you're Latina, Amanu la Yes, her

00:06:56--> 00:07:35

own woman poem that a group of people should not mock another group of people. Someone can say so where does it say that this word is only for men? The next part wala missa missa. Because right after mentioning poem, that in the next part of the verse, Allah subhana, WA Tada very specifically, after using the word poem, says, an a group of men, a group of women, sorry, well, Anissa, and a group of women should not mock another group of women. So the argument they make is that if the Nyssa were a part of the poem, the word poems they were included in that, Why did Allah subhanho wa Taala mentioned Nyssa separately, and the answer from the other group of people who claimed that

00:07:35--> 00:08:14

this word poem was inclusive of both men and women, and even if we use the word vigil, as mentioned in this particular Hadith, there are many examples of you mentioned one particular gender while you actually address both genders. And in the eye of the Quran. The reason why Nissa are mentioned separately, women are mentioned separately after the word own comes in audibly, we call this the CCE by the Tamim is something that's done very commonly in the Arabic language. And it's an element of eloquence and language, which is that after you mentioned a general message, you specify to a group of people who this applies more to. And when it comes to this, this hadith,

00:08:15--> 00:08:35

disputes, financial disputes or just bringing this kind of idea to the case, because to the courts, if you were to look at what are the most common disputes that are brought to court, a lot of them are financial, a lot of them have to do with trade. And at that time, in that particular market, the that particular time the market was predominantly

00:08:37--> 00:08:59

occupied by men. And it was these disagreements that they had all the time. And because men were more involved in these disagreements, the Prophet sallallahu alayhi wa sallam, he addressed them in this particular Hadith. And that format, hakuna Dawa been rejected, because the disputations that occur in court cases were very common, more frequent in between men.

00:09:02--> 00:09:41

The scholars who say the word of hijab or the word poem is inclusive of women, and this hadith obviously includes women as well. They say that it's not the gender that's a question here. The teachings of the Prophet sallallahu alayhi wa sallam apply to any person who bears the who bears the characteristic of the glyph anyone that is makalah anyone that is accountable by Allah subhanho wa Taala if you're mature if you're saying that the icon the rulings of Islamic law, regardless of which gender they're addressed to, they apply to you, unless the province that Allahu it was something specifically says that this particular ruling is for women and not for men. And there are

00:09:41--> 00:09:59

examples, the prophets of Allah who it was said I'm gonna say, this particular ruling is for men and not for women or he would turn to the men and say, this particular ruling is for the women and not the men either way, unless there is a very specific istithmar or exclusion there. By default, we will always assume that the outcome of Sharia apply to every month

00:10:00--> 00:10:06

If the ruling of Islamic law will apply to every person who will be accountable by Allah subhanho wa taala.

00:10:08--> 00:10:16

This hadith relates to the issue of Kava. Kava is what we can call an English the judicial system.

00:10:18--> 00:10:51

Allama TB Rahmatullah hiya Ali. He says, Alia to hear my todo el Hakim, the Octavia are those things cover Octavia from the same route, the aka Leah are from that are those things that are presented to a judge any issue that is presented to a judge is considered a fovea or Octavia, an issue of concern, a dispute between two people, okay. And the issue presented to a coffee is considered a cobia or the plural of qualia is unclear.

00:10:53--> 00:11:06

which teaches us a very important lesson. And what is that? The kadhi shouldn't go to people and search for their problems. The Mufti shouldn't go to people and ask them Oh, so tell me how many witnesses were there that day you got married?

00:11:07--> 00:11:43

And tell me what did you say when you accepted your wife and your marriage? 40 years ago? I said, are sorry. I said Nikka. Well, the housing rights of America doesn't count. You have set properly Nikka you know, so you know, some people they they go into, they go into people's issues and they look for problems. That's not the responsibility of an alum unleash a Mufti or a coffee here Allama Tiburon De La Jolla, la when, when defining what a problem is, he says my torrified and Hakeem that which is presented, and from the other fatwa. If you study the books, one of the things they mentioned, one of the things almost every scholar mentions is that you don't search for the flaws in

00:11:43--> 00:12:28

people you don't search for their mistakes. If it's presented to you, then you provide the Islamic opinion on the issue at hand. And then Malala Acharya hunt Allahu Allah, he says was so me al Hakim, call the and Liana who you have to deal with. The reason why the Hakeem is called a Tavi, because he gives verdicts on issues between people. Wear your cool cover Vimana Oh jump, and sometimes the word cover, which is the root of cloggy, the judge, the root word cover can also come in the meaning of mandating something as Allah says, What Guevara Buka Allah Abdullah Yeah, that your Lord has mandated a O Jehovah, your Lord has mandated that you will not worship anyone other than Him. And if

00:12:28--> 00:13:08

we take the root of this word color from Elijah to mandate, something that he says for your juju, and use some mercadien Lee GRB Hill hokhmah, Allah may actually the reason why the kadhi will be called a kadhi. If the root is the word is rooted from Egypt mandate something is because his ruling is mandated upon people. Any any verdict given by the party is now something that will be implemented, it must be implemented. Now note here there's a difference between a Mufti and a Tavi. Mufti is someone who will give a legal ruling someone comes to him and says, This is an issue. Husband and wife come say there's a difference of opinion. And there's there's a difference amongst

00:13:08--> 00:13:41

us. And and the Mufti or this island, the chef will give the legal ruling that the Mufti the island, the chef can give the ruling, but he does not have the power of NIFA, he does not have the power to implement the ruling the body not only when he gives the ruling, but he can actually enforce the ruling to you guys understand the difference. He can actually send the police out for that person, he can send authority out for that person, he can, you know, penalize that person, but God they will not only give the ruling, but the ruling given by a copy is legally binding as well.

00:13:45--> 00:13:54

Now, there's a question, why are courts necessary? Why can't we just deal with our differences or differences internally?

00:13:56--> 00:14:33

If two people have a difference, why can't they just sit together and deal it out? Why do why why are cases taken to a court? So the first thing every time there's a difference eight isn't necessary for you to take your case to the court. Just because you have a disagreement doesn't mean it needs to reach reach the court. You can disallow him internally internally, you can create some sort of an agreement internally, or you can forgive as well. That's your choice. But if the issue is irresolvable and it cannot be taken care of, then in that case, either party have the right to bring their case to the coffee, bring their case to the cover, bring it to the court.

00:14:34--> 00:14:59

In Islam, our deen is very broad. It covers many things. It teaches us a brother, it teaches us does Skia teaches us worship teaches a spiritual purification teaches us mashallah, how to interact with one another. And similarly, our deen it also teaches us social justice. It also teaches us that victim is wrong. So the

00:15:00--> 00:15:06

Purpose of the court if somebody were to ask what's the purpose of the court? The purpose of the court is to establish justice.

00:15:09--> 00:15:17

To also educate people educate the individual, the body's responsibility isn't just to say yes or no, but it's to educate people on the issues that they bring to him.

00:15:19--> 00:15:24

Similarly, it's the responsibility of the court, the reason why the court exists is to prevent oppression.

00:15:26--> 00:15:32

To uphold morality, in the public area, and also within private life.

00:15:34--> 00:16:13

The purpose of the court is to give each person the opportunity to seek justice from an unbiased source without losing out on their right. You know, if you were to go to someone and present your case to them, they may have a bias to the person next to you. They may be, you know, inclined towards one way or the other way, for whatever reason, there could be 100 factors, it could be a million factors, but the thought of these responsibility is to stay as neutral as possible. That's what the judge needs to do. He needs to remain neutral, unbiased, unrelated, detached from the issue. And this will not give every person the right to come and present their case. If the court

00:16:13--> 00:16:26

system didn't exist, you know, people wouldn't be intimidated to present their cases to people. They're not sure who they can go to who they can go to by the court being there every person has the equal opportunity to seek justice. Similarly,

00:16:27--> 00:17:06

there's a process the court teaches us that there is a process to seek justice. You can't just, you know, pick up your sword and go around punishing people or pick up your whip and start punishing people or, you know, build a cage in your shed and next time you find someone who offends you throw them in there for a few weeks. Islam does not tolerate vigilantes, there's a process. If someone does something wrong, they can be trialed, they shouldn't be trialed. But you have no right to carry out action against them, until the colleague gives the hokum either he will implemented himself or he will have the ruling implemented. You can take the law into your hands. Every time someone does

00:17:06--> 00:17:13

this. They make a mess out of the religion and don't represent the deen when you're doing this. I always give the example of

00:17:15--> 00:17:15


00:17:18--> 00:17:19

what are the called

00:17:21--> 00:17:21


00:17:23--> 00:18:00

It's right at the tip of my tongue, the blasphemy laws. I always give the example of the blasphemy laws. You'll see this in some Muslim countries, in some majority Muslim countries, that if someone says something against Allah or disrespectful to the messenger of allah sallallahu alayhi wa sallam, people get very, they get riled up very quickly, which is something they have the right to do. So which is something that's very natural, and they're eemaan actually requires that they get they are uncomfortable, and that they are upset with someone using foul language to the messenger of allah sallallahu alayhi wa sallam. But does that give you the right to go out and start killing people?

00:18:00--> 00:18:35

Does that give you the right to go and, quote unquote, punish someone? Absolutely not. If someone has violated the law of the land, if that is the law, if there are blasphemy laws in place in your country that you live in, whatever whichever country that may be, and someone violates that law, you can't go and start killing people, you have a responsibility to take that case to court. And the court will then investigate that issue. And the process may take time. And in the process before the court gives a ruling on that particular issue. If you go around killing people, there is no martyrdom and martyrdom in that there is no honor in that this is actually a very, very

00:18:35--> 00:19:12

inappropriate, very wrong thing to do. Because until that person isn't convicted by a court, that person is as innocent as you are. In Islam, there is a process to justice. And I think that's a very important lesson that, that the the system of the system of having a court in Islam teaches us that there that there is a process, you can't just take it into your head. If your husband is abusive, there's a process, you call the cops, you, you go to the court, you file a complaint, get a restraining order. There's a process to this, if you want the kids to be with you and not to be with your spouse, and you have a very strong argument, rather than storming into the apartment and

00:19:12--> 00:19:31

opening the door with the key that you have and taking the kids and kidnapping them and running away. There's a process to it. If you feel that you have more right over with the custody of the kids presented your case, go through the process, and ultimately, whatever verdict is given at the end should be a verdict that's respected, appreciated, and practiced upon.

00:19:32--> 00:19:55

Another thing about the court is that it upholds law. And the law is very subjective. It's not objective. Law in its nature subject is sorry, another way around. Law in its nature is objective and it's not subjective. Law doesn't care. Let me rephrase that. Law doesn't care about your feelings.

00:19:57--> 00:19:59

It cares about what happened. And that's why there's a

00:20:00--> 00:20:40

process, there's a due process, I can't walk you through the entire process of how to deal with Judicial Affairs. Because this is a course, there are courses on Kabbalah where you go to an Islamic institution of higher education, and you spend years of your life and learn the rulings and outcome related to cover how to carry out the process. So I won't do that in this class. But what I will say and I will educate you that there is a process, and you have to acknowledge that and understand, and before you decide to, you know, give a ruling on a particular issue, or deal with your dispute, and force yourself on another person, know that just as you have a right, that other person has a right.

00:20:41--> 00:20:47

And the club via the rulings should be presented to a person of knowledge so they can deal with it accordingly.

00:20:48--> 00:20:56

This leads to now a question, what's the ruling on being appointed as a judge? Is it a good thing? Or is it a

00:20:57--> 00:20:58

is it a bad thing?

00:21:00--> 00:21:01

So the scholars they say,

00:21:02--> 00:21:10

first and foremost, the position of being a judge, without doubt, is an honorable and noble position.

00:21:12--> 00:21:49

If Allah subhanho wa Taala uses you to solve a disagreement between two people what an honorable act, you could bring sort of peace between people the responsibility of the RV. If we were to simplify it, it's one thing I'm an admirer of lucha mancha to call people towards that which is known what their Deen requires them encourages them to do what their religion wants them to do. And now he only monka to save them from that prevent them from that which is unknown, that which the religion tells you to stay away from so that's the idea of cover up. If a person and you remember the Prophet sallallahu alayhi wa sallam was Zuccotti

00:21:50--> 00:22:25

the Sahaba were, they were all they all served in some capacity or the other as judges. Many of the legal rulings that we have the the legal rulings that we have today, when it comes to the issue of Kabbalah are derived from the Tobiah of the Sahaba and the Prophet sallallahu alayhi wa sallam examples that we take from their legal rulings, the rulings of American photography Allah hawan valida, the Allah one of lovingness, Gouda, the Allahu Allah and others, we refer back to their cases, and deduce examples and analogies, and then we construct our own theory and our own platform of how we're going to give verdicts when disputes are presented to a judge.

00:22:27--> 00:22:29

With that said, though, scholars they say,

00:22:30--> 00:22:33

actually, I'll share a very beautiful

00:22:34--> 00:22:54

quote from evidence furtherly Allah one because he was a judge. If it was true that the Allahu on said, If I were to jerk judge for one day, it is more beloved and more dear to me than worshiping for 70 years. For me to be a judge for one day, is more beloved to me than worship for seven years. And the reason why I've been misquoted made the statement is because

00:22:55--> 00:23:13

worshiping for seven years, he is the sole benefactor. Being a judge, he's helping other people. He's establishing justice. He's helping other people get through their disputes. He was respected as an authority. The responsibility of a coffee is great. But the fruits are also as great to

00:23:15--> 00:23:33

the scholars, they mentioned that the ruling of being appointed as a judge will fall into one of three categories. Either it's obligatory in some scenarios, or it's permissible in some scenarios, or it's prohibited. In some scenarios. The

00:23:35--> 00:24:14

position of being appointed as a judge is prohibited. If you don't have knowledge, or if you know that you will be persuaded to give wrong rulings. If you're a someone who might be bribed. If you are not neutral in this particular issue, if you will harm someone or if you aren't worthy to be sitting in that position, then it is haram for you to give legal rulings from the honorable seat of the judge, you should not be a judge. You know, in our day and age, people do this all the time. They apply for jobs that they have no knowledge and what did they say? Fake it till you make it.

00:24:15--> 00:24:40

You just keep faking it, keep going and keep going and keep going. And one day you'll figure it all out. Don't do that with Kabbalah. Because if you mess up the rulings between people, the punishment of that is great. The Prophet sallallahu alayhi wa sallam mentions in a hadith, the famous majority Licchavi and beta nurse photophobia habit ladies Akin, the one who has been appointed as a judge, between people amongst people has been slaughtered without a knife.

00:24:42--> 00:24:59

Then it's some in some scenarios is mandatory, it's obligatory, to be a to be a hottie. And this isn't that scenario where you are the one who has knowledge of Cabal, a fit of Islamic law. And there is no one else there to carry out that justice for you to turn away as wrong.

00:25:00--> 00:25:04

Because unless you stand up and fulfill that position, someone will be violated somewhere.

00:25:06--> 00:25:43

The third position is that it's permissible. If there are other people already doing the job, and there is an opening, you don't necessarily need to be there, you aren't needed. You're just you have that knowledge and you say, You know what, let me just apply for the job I can do with some extra cash, or I can do with utilizing some extra time that I have. So in this scenario, when it's permitted, many of the scholars, there were two camps, there were those who encouraged it, you know, it's a good thing to do. And a large group of scholars actually discouraged it. They preferred that a person avoid the position of taking on voluntarily the job of a judge. And the reason is because

00:25:43--> 00:25:49

the responsibility is great. And the accountability by Allah subhanaw taala is also great.

00:25:52--> 00:26:05

There is a narration of mandala Minh arroba. He says that Rajab and heiwa said to me, that the ruler has appointed Abdullah bin Mohab as a judge.

00:26:08--> 00:26:23

So in return, he said, had I been given a choice between being carried to my grave, or being appointed as a judge, I will choose the former, I would rather be carried to my grave, instead of being appointed as a judge.

00:26:24--> 00:26:35

Similarly, with my brother in law, who I'm Ben often, he desired to a point even nominal, the Allah who won as a judge, and ADA Amarante, along one refused.

00:26:39--> 00:26:48

Going back to that previous story, you know, where he refused, and he said that I would rather be carried to my grave instead of being appointed as a judge. His student then said to him,

00:26:49--> 00:26:53

we hear that when they appointed him as a judge, they asked for your opinion, and you suggested him.

00:26:55--> 00:27:17

So he said, Yep, I did suggest him. They said, Well, you said that you'd rather be carried to her grave instead of being appointed as a judge, why would you suggest someone else for this position then he said, Well, I wasn't thinking about him. I was thinking about the people. And I knew for the people he would be the best person. It was in their interest that I voted for him. And I opted to he should be our he should be the judge amongst us.

00:27:21--> 00:27:39

Oh might have been Aveda was summoned by the ruler of the time and up and in. The ruler wanted to appoint him as a judge. And he responded back by saying that I would never be a judge. Even if the pillars of these massages were to collapse and this whole building were to fall upon me. I won't take the position.

00:27:40--> 00:27:47

For a living I had said that if a man is appointed as a judge, let him allocate one day for judging and one day for crying,

00:27:48--> 00:28:07

make Toba to Allah subhanho wa Taala for any mistakes you may have made, in your rulings, a booklet about Allahu Taala he fled to Egypt, when he was asked to become a judge. He ran from the country, Hindu into a different part of the world, because not a different part of the world. But he travelled far because he wanted to be away from this position.

00:28:11--> 00:28:27

So there was a person who met him there and said that you should go back. You're a knowledgeable person, the position is open, you should take it. And he responded back by saying the one that is drowning in the sea, in the sea, a person that's drowning in the sea, how long can you swim for?

00:28:28--> 00:28:59

That's such a big responsibility. Yes, I might be able to keep my head height above the water for a period and do it right. But since the ocean is so vast in the fifth in the test from Allah are great, the whispers of shaytaan and the leaders of the time and bribery know all the stuff, all of it, all of it in play. I'm worried that just as a person in the middle of the ocean won't be able to keep their head above the water for too long. I will drown in these trials and become responsible by Allah subhanho wa taala. So that the summary of this issue is this.

00:29:00--> 00:29:23

Never accept to be a judge between two people or even a Mufti giving a fatwa between two people unless you are qualified to do so. Someone comes to you and says, I need marriage counseling, if it's a friend of yours are struggling with their marriage, and they say I need marriage counseling. Don't be that guy who sits with them and tries to give counseling while not being a

00:29:24--> 00:29:39

counselor. You know, you're going to harm them. It's not the right thing to do. Someone comes to you and asks you a filthy ruling. Don't give the fatwa unless you know the answer. Don't be that person who dishing out their opinion without having knowledge on the issue they're speaking on.

00:29:42--> 00:30:00

Now, during the time of the Prophet sallallahu alayhi wa sallam as this famous nourishing body and Muslim, a shotgun face says that there was a difference of opinion between myself and another person kind of veiny will be no Roger Martin de Vere. They had a different they had a dispute. Foster Sumner Illa Rasulullah

00:30:00--> 00:30:05

Allahu alayhi wa sallam. We presented the case to the messenger of allah sallallahu alayhi wa sallam.

00:30:07--> 00:30:18

The province of Allahu Allah he was sending responded back by saying Shah Hidaka or Yamuna, who either you present your proof or he will take an oath in this case will be this case will end right here.

00:30:20--> 00:30:26

So he said a messenger of Allah, you then Yeah, and if Allah you, buddy, I don't have any proof and that man will take an oath and he's gonna lie.

00:30:28--> 00:30:48

So the Prophet sallallahu alayhi wa sallam said Mahadeva Allah your meeting? Yes, the hippo will be her man and for whoever you have Fajr Luffy Allah Allahu Allah has been that whoever, whoever lies in their testimony, they will meet Allah on the day of judgment and Allah subhanho wa Taala will be angry with him. And then he recited the verses of Surah Al Imran,

00:30:49--> 00:31:18

in the lineage through and beyond Allah Who a man him feminine Aleta, there are people who trade out their testimony for a very small period for a very small amount for a very small portion. They are and then the IEA continues on to mention certain punishments now and then and then who is a Muslim, the Hadith continues on. And the Prophet sallallahu alayhi wa sallam said, Even young, if Allah lays silica in LA Darrick, that let him take an oath, even if you feel that he's going to lie, then he will take an oath. And

00:31:19--> 00:31:37

if you take the oath, we will give a verdict in his favor, you will get nothing out of it. If he lied, he'll be accountable by Allah subhanahu wa Tada, which teaches us something very powerful. Sometimes you may present your case, in a very convincing manner to the judge, and even convinced the judge

00:31:38--> 00:32:00

the reality is that you are lying, and that is not right. But you fool the person in front of you, and you lie to them. And the judge at the end of it signs the paper saying that these 20 acres actually belong to so and so person that sounds ill person knows that those 20 acres don't belong. But since the judge has signed the papers, the question is, does that property belong to this person? Now?

00:32:01--> 00:32:44

The judge has signed the papers, if the judge signs the papers, does that property belong to this person or not? So there's a difference of opinion amongst if the summary of the issue is in this world, the plaintiff won't be able to access that land, because the copy has given the hook and the judge has given the outcome unless he applies for a retrial and refight the case in court until the judge changes his verdict in this world that land does not belong to Him. I mean, he it still does belong to him, but he can go and take control over it. But with ALLAH SubhanA wa Tada, the liar will always be a liar. And just because the father he signs the paper for the person who was not walking

00:32:44--> 00:33:00

away with 20 acres that ate those 20 acres don't don't belong to you, you will be sinned, you will be held accountable that Allah you carry a weight on your shoulder for every second every minute that you have that land away from its original owner. You know, I went for Amara some years back.

00:33:02--> 00:33:17

And I actually just did a backpack on I thought, I'll go for Ramadan. I figured out what I'll do when I get there, where I'll stay and everything. So I got to Makkah, I was looking for a hotel, just going hotel to hotel, it was under Milan. And I was looking to from hotel to hotel looking for a room and I bumped into a friend.

00:33:18--> 00:33:30

And he said to me, I have an empty bed in my room. Why don't you come stay with us? I said sure. I went and I kind of bumped out in his room. We spent our time in Makkah together he was going to Medina, Tagalog and then we went to Medina together.

00:33:31--> 00:33:54

In Medina, a bunch of his friends from back home. This friend of mine is from America. A bunch of his friends from back home from their country, also came from Omaha. And they were all sitting together having dinner. I walked into the room, and the group of them were having dinner. They were all laughing and joking. So I sat down, I joined them in the meal. I then asked them what are you guys laughing about? They said, it's better you don't ask.

00:33:56--> 00:34:38

I said now that you've told me not to ask I only have one choice. I'm going to ask, what are you guys laughing about? So they said to me well, Musab, the issue is this back home. All of these people right here that you're looking at? We do one thing for a living. We all live lavish lives. We all have great, beautiful lives. We come from Ghana, every year, Allah has given us so much. We all do one thing though. We you serve people's land. Our job is to change the name on a deed and take control over people's land. So when I heard this, I was shocked. I was sitting with a mafia having Batchelder with them. So these guys are all crooks in their communities. And they're all sitting

00:34:38--> 00:34:40

together having, you know, enjoying the meal.

00:34:42--> 00:34:54

So I had them said to them, so what's to laugh about? That there's nothing funny about that. This is a very bad thing. They said yes, we know it's bad. But the reason why we're laughing is because we're very happy Alhamdulillah we come for Amara every year and we have our sins forgiven here.

00:34:56--> 00:35:00

So we come to Amara every year to have the sin forgiven for oppressing

00:35:00--> 00:35:37

People back home. We have pressed people through the year 360 odd days. We then come to Omaha for a few days and have our sins forgiven. And then I had to break the news to them. It doesn't work like that. You can't just go around murdering people and go for I'm gonna our hygiene haven't forgiven it doesn't work like that. That wrong cannot be right until you make it right. That forgiveness will not come to you until you make that wrong, right? Go back to those orphans go back to those widows that you're abusing go back to that man whose land you took away from him. Return it back to him, then make Toba to Allah. Make a promise never to do it again. Have regret and remorse over what you

00:35:37--> 00:35:46

did. Your Toba will surely be accepted by Allah subhana wa Tada. But first you have to reverse the wrongs that you've done. You have to go back and undo it.

00:35:47--> 00:35:47


00:35:51--> 00:35:52

There's another narration

00:35:54--> 00:36:15

narrative of an ibis with your loved one that he might mess around with Allahu Allah and Eretz jasmine in the visa Allahu alayhi wa sallam. Further I had with him after he happened to people came to the Prophet of Allah and they presented their case in front of him. One person said that he owes me this or he has this of mine. For caught on the basis of Allahu Allah was still until Monday, the Prophet sallallahu alayhi wa sallam said to the plaintiff

00:36:16--> 00:36:44

of timber genetic, that present your proof you've made a claim present your proof for Kalia Rasulillah Mali Burkina he said our messenger of Allah I don't have any proof for call after the Prophet Allah who it was that said to the other person, left Billa Allah de la ilaha illa who Mala who alayka our in the cache. The prophet that awesome then said to the other person, the one who the claim was being made against take an oath by Allah The one other than who there is none.

00:36:46--> 00:36:59

Mana who are Laker or index che, that there is nothing upon you or with you against him meaning you you don't he, there is no claim that he has against you, every claim that he's making against you is wrong, and it holds no weight at all.

00:37:02--> 00:37:08

Before we move forward, I want to present a scenario to you. Okay? Let's say

00:37:12--> 00:37:14

you're walking out of the masjid.

00:37:15--> 00:37:20

And a person comes to you and says, You are wearing my shoes.

00:37:22--> 00:37:23

What did that person say?

00:37:24--> 00:37:26

You are wearing my shoes.

00:37:27--> 00:37:29

Let's say you are the body.

00:37:31--> 00:37:32

The case is presented to you.

00:37:33--> 00:37:40

You are the audition if you are the great colleague, the case is presented to you one person is saying those are my slippers. What do you do?

00:37:44--> 00:38:18

A person comes to you and says that person is wearing my coach. A person comes to you and says that person has my child, a person comes to you and says That's my house. Whatever anyone makes a claim. What do you do? There are two people. So now first of all, we have to break down the scenario. You have a person that's making the claim, which so far I've been referring to as the plaintiff. And then you have a person who was the defendant, the one who the claim has been made against. And then you have the body of the person who's who the case is presented to. Now how does a coffee deal with this?

00:38:21--> 00:38:51

So they are, you know, the first thing that kabhi will do is he will ask the the plaintiff that Do you have any proof? And some you know, there are multiple procedures presented one procedure mentioned by some some Allamah is that he will actually asked the person the defendant, do you agree? And if the if the defendant does occur, then the case is over? If the defendant says yes, these are his shoes, what happens? The case is over. If the defendant says no, they're not his shoes, then the actual case starts.

00:38:53--> 00:38:57

So what's the first thing that Kathy will do? He will ask the defendant whose code is that?

00:38:58--> 00:38:59

He has to say what

00:39:00--> 00:39:37

this is my code. Because when he says this is my code, that's when the dispute comes into existence. The copy will then the judge will then turn to the person making the claim the plaintiff and he will seem to him provide proof. Do you have any receipt? You know where did you buy it from? Are these issues is there any mark on there you know, whatever proof you know PROOF is in different degrees and I'll talk about this ahead what is and what isn't proof, but he'll say to him prevent presented some proof. But if this person presents proof, let's say for example, he brings out two witnesses saying these are the two people who saw me buying these shoes, these are unique shoes, whatever kind

00:39:37--> 00:40:00

$5,000 shoes, this person saw me buying them. This friend of mine who's with me I have two witnesses. The case will be done the body will take the shoes and do what give it to this person. On the other hand, let's say this person says I don't have any proof I bought the shoes five years ago lost the receipt. I don't even know which country I bought it and I just know those are my shoes. So because he can not present any proof of the claim.

00:40:00--> 00:40:02

aim. Now what will the toddler do?

00:40:03--> 00:40:07

He will turn to the defendant. And he will say to him, take an oath.

00:40:08--> 00:40:18

And if that person says By Allah, these shoes are mine, the case will be thrown out, which means the plaintiff will go back home empty handed. The defendant will keep his shoes, and we'll move on.

00:40:19--> 00:40:22

There's a discussion the scholars have.

00:40:25--> 00:40:44

How do you define the plaintiff and the defendant? What definition what defines a plaintiff? And how do you know who the defendant is in a case? So all Allah have taken different definitions? Half a dozen 100 Allah Kalani Rahmatullah here la the grid commentator of Sahil body he says

00:40:46--> 00:41:15

Alma should roofie daddy funny, there are two very famous definitions. I'm not going to go through them he did this too. But the truth is, there are multiple definitions provided. I'm just gonna go through one of them, which is the first one that he uses an O L mother, a man you Holly for poldhu a va Hera while muda Allah He be philosophy. He says the mother ie the plaintiff is the one who is making a claim of other than what is what is currently in place.

00:41:16--> 00:41:24

The plaintiff is anyone who claims something other than what is currently in place. So what that means is, let's say he goes against what's the hill?

00:41:25--> 00:41:29

Others wearing the shoes he's walking out. So what's the volume? Who owns these shoes?

00:41:31--> 00:41:54

Others because he's the one who's wearing the shoes. Now Harris comes and says those are my shoes. So who is making a claim claim against divided a gay against what's currently in place? What's happening right now? Harris is making that claim. So he is going to be the plaintiff. He says a mother a menu Holly for owner who a VA hero. While Medallia he does enough for him.

00:41:55--> 00:42:02

There are multiple types of claim. Some claims are it's batty and some involve Nephi.

00:42:04--> 00:42:23

Either a person can have a dramatic claim it's about it's about means you're affirming something you're asserting something. So for example, a person says an unsuitable philon An alpha, alpha doula, you know, so and so person owes me $1,000 you're asserting something, you're claiming something.

00:42:24--> 00:42:34

The other type of a claim is that you negate something. So what this means is, let's say for example, Amir comes and says, Hi, Iris owes me $1,000. Okay.

00:42:35--> 00:42:36

So sorry.

00:42:38--> 00:42:39

Okay, let's run the scenario again.

00:42:42--> 00:42:46

Amira gave hires $1,000 to borrow. What's the scenario?

00:42:48--> 00:42:58

Amir gave her this $1,000 Tomorrow, that's accepted. No one they have that documented everything. Okay. Now, at some point, Harris gets up and says, I don't know you anymore.

00:43:00--> 00:43:12

You understand? So he's making a claim because he's going against what was currently in place. What was Nolan? What was the VA had was there was a loan that's proven established. Now one of the hardest gets up and says what? I don't know you anymore.

00:43:13--> 00:43:32

So now he has to provide proof that why don't you owe him anymore? What's the reason for you're not owing him anymore? Is it because you paid it off? Is it because you're claiming that he took something of yours or whatever the case may be, you know, so in some cases, you assert some things. And some in some times when a person makes a claim they're actually negating certain things.

00:43:34--> 00:43:38

This leads us to the issue, what is acceptable proof in Islam?

00:43:39--> 00:43:58

I will beg you not to die. The plaintiff needs to provide proof. What is this proof? Some Allah ma have held the opinion that the word he used in this hadith al begginer al begginer. To argue the proof, this begginer is cos it means witnesses and nothing else.

00:44:00--> 00:44:03

What did they say? Proof means what?

00:44:04--> 00:44:12

human witnesses and I'll define witnesses ahead. So they say human proof means witnesses. So in that scenario, let's go back to the shoe scenario.

00:44:14--> 00:44:23

Someone came to audit and said you have my shoes on the cloud, they would say provide some proof. So according to this first opinion, if that person provided a video

00:44:24--> 00:44:37

if he provided a video of of him purchasing the shoes, the coffee may throw that out. The reason is because the proof is not a shot. The with the video is not necessarily considered a

00:44:38--> 00:44:47

a witness a showerhead. It's not a witness, and I'll define a witness ahead and you'll understand why it doesn't match that definition. Okay, according to that opinion. Let's say for example,

00:44:49--> 00:44:52

that person instead of instead of instead of presenting

00:44:54--> 00:44:59

instead of presenting a witness, he ProHeat he presents Cara in

00:45:00--> 00:45:24

This shoe couldn't belong to this person because it's too size bigger than his foot, for argument's sake. So according to the first opinion, if begging means Shahin that argument wouldn't be accepted in a court, because for them begging I mean, Shahid and that means it will only be accepted in the court if that person brings a witness. Okay? The second opinion, other Alama they say it's

00:45:26--> 00:45:39

the word begginer is not limited only to a witness. Rather, anything that can indicate to the truth. They say, I will beg you not to fool the tune, middle Bayani will beg you not to call me up know

00:45:41--> 00:46:28

that begginer is anything which clarifies up to that clarifies the truth, while a SIP casita and Alicia who the our karate forgot, forgot the Kulu Karina, mineral Cara and Aquaman me Atisha head, because the Alama they say that sometimes a single Kalina, a single, suggestive proof, can be can have greater weight than 100 100 100 Witnesses in some scenarios. So a proof is anything which hopes to clarify the issue, which hopes to open up the issue, and the Quran can be many. And that's why the issue there is the responsibility that lies on the shoulder of the coffee is great, because he has to look at the issue from as many as angles as he can, to ensure that he's not being diluted,

00:46:28--> 00:46:35

the facts represent the truth, and therefore the verdict is in favor of the person whose right it actually is.

00:46:38--> 00:46:51

Those who hold the second position, they see that the proof that we have that the word vegan is not limited to witnesses is that in the Quran, we have examples of certain prophets of Allah.

00:46:53--> 00:47:06

And regarding their cases, Allah subhanho wa Taala guided them to certain Quran. So for example, the story of use of Ali's setup. If you've read the story of Yusuf Ali salaam, he lived in the palace of the as he submissive

00:47:07--> 00:47:14

and one day he was in the in the house alone with the wife of the disease. She started chasing him, he started running.

00:47:15--> 00:47:34

He came to the door, well, I'll send you the Hi little bob. They opened it right at the door. What happened? That disease was standing there, this person of influence and authority, this minister was standing right at the door, and he saw Yusuf Ali Salam, he saw his wife, and he knew something was off. Immediately. What did she say?

00:47:35--> 00:47:45

He was trying to seduce me. Yusuf Ali Salam said, I didn't do anything she was trying to seduce me. Now this is a classic example of what

00:47:46--> 00:48:30

a dispute what happens now? So Allah subhanho wa Taala says, What's the he the Shah, he didn't mean earlier. There was a person that was there who gave a suggestion? And what was his suggestion, his suggestion in Canada Commons to put them in doober. Sorry, in Canada Commons who put them in doober. If his shirt is ripped from the back for Canada, but was warming up, then she is lying. He didn't seduce her. And he is right. Because if his shirt is ripped from the back, what does that mean? He was being chased. And if he's being chased, I mean, she was behind him. He was in front. He wasn't running after her in Gaga Cummings, who put them in Google. However, if his shirt is ripped from the

00:48:30--> 00:49:01

front, that means that she wasn't behind them. She was in front of him, which is a sign that he was the one that was initiating Fela mera camisa, who put them in Dover, when they looked at the shirt, they found that it was from behind, and then they gave the verdict according to this. Now, this process right here, was it based on a witness who saw it or the two witnesses there? It was based on karate, so they deduce it from this example. Another example they did use it off of is another incident mentioned the Quran

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


00:49:04--> 00:49:12

a dispute that was presented to say you're gonna die with Ali Salaam. There were two women who were gone on a journey.

00:49:13--> 00:49:20

An animal came, a wolf came and ate the child of the older of the two ladies.

00:49:21--> 00:49:40

There was one child left there were two women. When they returned back home, the older lady whose child had died, she decided to make a claim that the child alive was hers. So she came back and told that Oh, that was Alison, that that child is younger lady has it's my child. And they're presented the case to him. That would at least run

00:49:42--> 00:49:45

gave the ruling in favor of the elderly lady.

00:49:46--> 00:49:59

So the original mother of the child, the younger lady was deprived of her child. She then said the younger lady said that I would like to take this case to cinema nanny Sinha, who was a son of that with Ali Salaam and he was also a prophet of Allah.

00:50:00--> 00:50:01

with Alice Ron

00:50:02--> 00:50:28

gave the permission case within retrial in the court of who sued Mr. Allison? Superman, Alice RAM. He has two women claiming to be the mother of a child. What does he do with the case? He says, Okay, there's one way to deal with this. Give me the kid. They gave him the kid. He pulled out a knife. They said, What are you doing? He said, I'm going to cut the kid in half so you guys can share the kid. So the younger lady, she immediately said, no, no, don't do that. Don't do that. Let her have the kid.

00:50:29--> 00:51:04

Sit about it. Some saw how the other lady didn't even she didn't even flinch. She didn't budge. She was just sitting there at arms and was just relaxed, relax, enjoying herself. And the younger lady, she she panicked. So what did he do from the Kadena of her panic from this, he took this her gesture of panicking as a sign that she was the mother of the child. And He then gave the ruling that this child will go to the younger lady and ALLAH SubhanA what that appraised him for this philosophy for this intellect that he showed and in dealing with with this.

00:51:05--> 00:51:19

There is a issue of who can and who cannot be a witness, Albion Atwater. Today, the plaintiff needs to provide proof and the proof can be a witness who can and who cannot be a witness.

00:51:21--> 00:51:22

So first we have to define

00:51:27--> 00:51:29

what what does it mean to give testimony?

00:51:33--> 00:51:35

What does it mean to give testimony?

00:51:37--> 00:51:39

The Hanafi scholars have said

00:51:41--> 00:51:57

Who OCONUS shahada, beloved, a shadow OSHA his testimony is for a person to come and testify using the words I am testifying or I have already testified eyeshadow, I am testifying. OSHA hit two I have already testified.

00:51:59--> 00:52:12

Other scholars they say Mattila is a bottle and silk and silicone beloved the shahada de Martini silica, it is to inform what's a statement of truthfulness.

00:52:13--> 00:52:28

In the presence of the coffee in the presence of the judge in the courtroom, meaning a person comes to the courtroom speaks a statement of truth in the presence of the coffee relating to a particular issue. This is what we call a testimony.

00:52:29--> 00:52:31

There's other languages to the language.

00:52:33--> 00:52:46

It matters because there are there there are smaller, finer issues that the language will impact. I won't go into those right now. So what are the conditions for shahada for for giving testimony? The first thing that scholars it says to Cliff,

00:52:48--> 00:53:02

a person must be McCullough, I've used this in the past, mocha love can be translated as someone who is accountable by Allah subhanahu wa Tada. So what we mean by this is, while you're already had a short illogical while blue,

00:53:04--> 00:53:13

that a person must be mentally stable. If a person is not mentally stable, they are not accountable by Allah. And if they aren't accountable by Allah, then they cannot be a witness in a case.

00:53:14--> 00:53:19

Similarly, blue blue means what? Anyone know.

00:53:20--> 00:54:01

They have to be mature. Okay, now mature here. In Islam, we have a definition of mature. Mature is someone who reaches the age of puberty. It's not a fixed age, like 16 years old, 17 years old, 19 years old, 18 years old. We didn't have that Muslim. For the most part, the focal Ha, they say maturity. It has its definition. And I won't go into it now. But there is a lesson there. When a person reaches the age of puberty, then they can give testimony in court. Otherwise, they can't. Some scholars have argued and said that children can give can give testimony in certain cases. There are certain scenarios where even children can give testimony. However, there is a condition they

00:54:01--> 00:54:31

must be the child must be from anatomies. What that means is they should be able to differentiate, they should be able to know like a two year old child is not from under tummies a two year old child cannot differentiate between right and wrong. A two year old kid, everything looks like it's one. On the other hand, you have like an eight year old kid, an eight year old kid can tell the difference. You know, they know what's right. They know what's wrong. They can they can comprehend the situation and testify.

00:54:32--> 00:54:33

The second thing

00:54:35--> 00:55:00

the person must be just they must have a dialogue. And the scholars of Hadith they take this to a whole different level. When it comes to narrating Hadith. What does that mean? What does it mean to be just an upright? So right off the bat. The scholars agree a liar cannot testify. In particular if that person was convicted of lying in a court before for person was convicted of lying in a court before

00:55:00--> 00:55:42

or that person cannot testify in any case anymore at all. Okay? Another group of scholars along with that they say fist, if a person is an open sinner, then why would this person uphold truthfulness when testify when they've proven to be not righteous? When they when they when they've proven to transgress openly in front of people? If a person doesn't care for Allah and disobey Allah opened the daylight in the middle of the night in the middle of the day, then why will they uphold the right of people? So they say that the person must have another. Similarly, they say some, there are multiple conditions, some have put Hurriya, some are Islam, some have put note that they must be

00:55:42--> 00:56:21

able to speak, alright, so that way, what they say is explicit and clear. So have a buzzer, that the person must be able to see so that way, they can testify openly and clearly. And there's no ambiguity in their testimony. Some scholars have put the condition the person must have proper verbs, personal schema, as they say that they must be able to retain things properly. Someone they saw something 40 years ago, and now they've reached the age of 80. And that person is struggling with their memory. Can they testify in a court case? Now? They can't, because we can't go by what they think they remember, we have to know. And the coffee actually should from the add up is

00:56:21--> 00:56:49

suddenly very subtly, softly test them to make sure that they have the ability to retain. That's what you'll find. In court cases, the judge will repeat the same facts again and again. He'll ask the same questions again and again, that tell me again, tell me again, tell me again, if he finds any discrepancy in your story, because he will write the case out that test that witness can't be used anymore, because he's not credible, to make sure that person has proper discipline, they can retain things properly. Some scholars have said

00:56:51--> 00:57:27

that in some cases, a person is integrity has good integrity, they have good memory and all this other good stuff. However, they won't allow that person to testify, even though they are mature, even though they have integrity, even though they have all the other faculties that are required to testify. But they won't rely a lot that person, like in fee was Phoenicia. And you mean about that there is something within that person even though he has all the criteria, that there's something in that person that may make this person inclined towards the person they're testifying for, or testifying against? I guess following. So for example,

00:57:28--> 00:57:30

fire shadow will be falafel, hockey.

00:57:32--> 00:57:56

What do you call suitable for, for example, some scholars have not allowed a student flew up to testify, what does that mean? Your furoate mean your children or your grandchildren, all the way down, great, great, great all the way down. And also means what your parents and grandparents they can't testify on your behalf, because they may be swayed by the relationship and testify for you. I mean, can every person really testify on behalf of their father and mother.

00:57:58--> 00:58:28

But every person can do that. It's a very difficult thing. In particular, if your testimony is going to send your child away to prison for 20 years, for 30 years, it's not easy. It's very difficult. So that's, by the way, this is not a lie. That is not a principle. Many scholars have said as long as the person giving the testimony is upright will accept it. We I mean, it doesn't matter. Their relationship really doesn't matter as long as that person is acceptable will take you but many scholars they have there's another group of scholars that have not allowed this. Similarly, we know we can prove from before the witness is an enemy of the defendant.

00:58:30--> 00:58:58

What do we know? The witness is an enemy of the defendants. So now there's a fear of bias again, because he hates this person, he'll testify in favor of the plaintiff and therefore cause harm to the defendant. So in that case is well, there's actually a famous incident regarding clothing today. He was a coffee under the rule of Salida de la Juan during the Wrath of Allah Allah when there was a famous coffee by the name of kadhi Sharif, people will take their cases to him. I'll leave that the Allah Who on one day came to the court of law, the shooter

00:58:59--> 00:59:11

as a plaintiff, and his case was against a Jewish person. And the claim was this armor the Jewish man has doesn't belong to him. It belongs to me. The armor he has belongs to me.

00:59:13--> 00:59:36

I live with you Allah one Juan stood in line with everyone else. That's the beauty of Islam. Everyone is equal, no one gets special preference. He stood in line waited, waited, waited. He was a Khalifa. Finally his turn came gladly surely call them forward. He said what's the issue? So he's already a law one said that this man has my armor. I'd like it back.

00:59:38--> 00:59:41

Now you would think that's enough for the case? Who's making the claim by the way?

00:59:43--> 00:59:46

It's the savvy, careless hobby ever lie?

00:59:47--> 00:59:59

Yes or no? I mean, someone like under Guardiola. When can you even imagine he would lie. It's beyond imagination. He could never lie. You know, for someone like me or someone many of us if earlier

01:00:00--> 01:00:02

Your loved one was standing here and he made a claim. What would we say?

01:00:03--> 01:00:08

It's done this. It's over done. You know, it's over. Coffee surely.

01:00:10--> 01:00:10

He says to him,

01:00:12--> 01:00:13

I'll beg you to bring the proof.

01:00:15--> 01:00:53

So I think that the Allah one came ready. He presented his son. He said, My son as a proof is my witness. So called the Srei said, a son cannot testify on behalf of his father. There'll be a bias testimony. Another person what, who's your other witness? So he presented one of his freed slaves. So he said, Your Imola, you're freed slave cannot testify on your behalf because he will be biased towards you. Any other proof? Earlier the Allah one was gobsmacked, shocked. He said, I don't have any other proof. He then turned to the Jewish man. He said, are you willing to take an oath? He said, whether I'm ready to take an oath, he took an oath called the should it give the verdict in

01:00:53--> 01:01:03

favor of the Jewish man and only the Allah one left the case, empty handed. Now when he was leaving, the Jewish man met him outside. And he said to him, how did it feel?

01:01:05--> 01:01:34

You know, making that claim and not getting what you want. And I knew the Allah who hadn't said that when the when our bodies give hokum we accept it. You know, in my heart, I know how I feel. But he's given the willingness to accept. At that point, the Jewish man said, I said to Allah, Allah, Allah, why should you and Muhammad Abdul Rasul? Allah, the Allah one was amazing, wasn't expecting that he was expecting his armor, actually, that person is gonna say, Oh, you take your armor. He said, What's this all about? He said, Well, you being the Khalifa.

01:01:35--> 01:02:03

I never thought that someone like you would have to even take your case to the court, you would probably just send your soldiers and take it and be God, it's only an armor. But look at you that you took the case to court. Then when we arrived there, we had to stand in line for hours. You weren't given preferential treatment. When we came the club, they refused your proof. Right? And not based on the person but the merit or the characteristic of the witnesses not being acceptable with him.

01:02:04--> 01:02:31

And then he said he gives verdict in my favor. And then you accepted it to this sort of sincerity and process can only be from one place and he said I said to Allah illallah wa Shalonda Muhammad then I'm gonna sort of Honor me with the honor of your religion. Right? Where he stuff McCray who a Maha Mudra is Lakota ha bandana Corbin Dinah was in front of Allah, the king and serve in r1. It doesn't matter who's the king and who's a servant in the sight of Allah subhana wa Tada.

01:02:35--> 01:02:39

From this as well, you know, just going off the idea of providing proof.

01:02:40--> 01:03:05

Always have good. You know what one of the things that will have you thrown mentioned under this hadith, they say establish proper contracts in your dealings. disputes, disputes most commonly occur in contracts. That's where they're criminals commonly, disputes occur most commonly in contracts. Always have your contracts clear. Allah subhanahu wa taala says that to die intimidated, Illa ajilon massaman

01:03:06--> 01:03:22

FAAC taboo, write your contracts down? And then what's the she Lucia, he didn't even really comment upon witnesses upon that contract as well. Sometimes you're going into business with your brother, or your father, your sister, your best friend, and what do you tell yourself?

01:03:24--> 01:03:41

Our friends anyway, they're not going to do anything wrong. They may not have ill intention. But there's a possibility that there will be a difference of opinion and perspective moving forward. And when that happens, there has to be a reference point. And if there is no reference point, each person is going to claim their subjective opinion is the correct one.

01:03:42--> 01:04:19

They won't be able to remain objective on the issue. And that's when these cases are brought to court. The biggest mistake you can make when you borrow money from someone, when you invest with someone, anything to do with money, any sort of transaction. The biggest mistake you can make is not to write it down. Even if that person is funny will answer Allama Dartium Suzuha noodle Buddha bothered to shuffle mush if you know all the titles, you know from machine to machine if that person owns all of those titles, and as an upright person, at least for the sake of the Sunnah, write it down. The Prophet sallallahu alayhi wa sallam told us to do so. Even if you do not doubt that person

01:04:19--> 01:04:35

at all still for the sake of the Sunnah. Just write it down somewhere. In some cases, you aren't writing it for yourself. You're writing it for your children. This is something to remember. Sometimes you'll give money to a person and you know they're good for it. But then you die.

01:04:36--> 01:04:37

What does that person think?

01:04:39--> 01:04:41

That person is dead so so is the

01:04:42--> 01:04:45

the Dead is dead too. It's gone. I don't have to pay them but I don't have to pay that person back anymore.

01:04:47--> 01:04:59

If the if that person were to down the children will know that you know what that person owed that money we can go and collect it. Or that or or they'll know if their dad owed someone money. You're helping other people know

01:05:00--> 01:05:03

of how to deal with your issues and your affairs.

01:05:06--> 01:05:40

I want to summarize and close off the class today by reflecting over some of the beautiful, actually there's one more thing while you're meanwhile I'm an anchor, the one who denies the defendant will need to take an oath. When you take an oath, the oath can only be taken by Allah. It cannot be taken by any other god, anyone else other than Allah. and I, we actually mentioned this at the beginning. In the middle of the class, the Prophet sallallahu alayhi wa sallam said to this hobby Elif Billa de la ilaha illa who take an oath where Allah other than who there is no one else that Some scholars argue that must those exact words be used?

01:05:42--> 01:06:05

Can those exact must those exact words views or can other words be used? how some of us said he was of the opinion and on the other foot haha, that it doesn't have to be Aliko Villa de la ilaha illa who you don't have to use that exact language, you can just say Wallahi I take an oath by Allah or in any language you want, as long as it is conveyed that you're taking an oath, the body will accept that the the philosophy or the lessons we learn from this hadith

01:06:07--> 01:06:08

the first thing

01:06:11--> 01:06:14

that Islam has a system of justice.

01:06:18--> 01:06:23

People can become vigilantes and seek justice for themselves. There is a process

01:06:27--> 01:06:28

the ruling

01:06:29--> 01:06:36

will remain in accordance to what's in place what's already happening. Unless someone brings proof

01:06:37--> 01:06:59

someone's wearing shoes they walk out, they will be allowed to wear their shoes until someone brings proof. Half a dozen 100 Plus colonial Abdullah Ali. He brings a very beautiful point actually on this. He says kataragama al hikma to Fidel Lika one of the wisdoms behind someone can say why doesn't? Why does Islam tell because providing witnesses that easy or hard?

01:07:00--> 01:07:04

It's very hard. Providing witnesses is it's hard.

01:07:05--> 01:07:34

taking an oath is it easy or hard? It's very easy. I can take an oath of office while I'm sleeping wake me up in the middle of the night I can take an oath. So why does this dumb plays such a big responsibility on the plaintiff in such little such a light responsibility on the defendant? You guys understand the question. So half a dozen 100 was Colonia de la jolla la while addressing this in his own body? He writes, thought a lot about a Hekmati. Danika he and the journey will learn the journey Battle Mode. They're either even

01:07:35--> 01:08:07

the one making the claim. If you were to weigh out what he's saying a claim is always weak. unless proven. Anyone can make any claim. I can say that Carl said his mind just because I say it. Does that hold any weight? Yes or No? Absolutely not. He says because the claimant itself is weak. It requires something strong to give weight to it. He says Leanna Gianni been there either even yahoo, yahoo, Calif Avaya for Khalifa and hudgell cobia.

01:08:08--> 01:08:53

Therefore, he was required to provide the proof, which is which holds great weight. And when that proof comes with his weak statement. It then holds some some grounding, it holds meaning. On the other hand, he says, Well, John, even Medallia, he's calling you, the Austro Faraj, the mighty, he says, As for the person who the claim is being made against the defendant, his position is strong, because he's wearing the shoes, because it's my house, because I live here, you know, whatever the case may be, he is in accordance to what's already in in already in place. His default position is very strong. And therefore he is required to give the lighter of the two proofs, which is to take an

01:08:53--> 01:08:55

oath by Allah subhanaw taala you know,

01:08:57--> 01:09:03

there are some other issues but we'll leave it let's just let's just wrap up today's class. So the first thing the scholar another thing that scholars they mentioned, is that

01:09:07--> 01:09:15

when a person takes an oath, they should always remember that your oath holds. Great wait. There are many a Hadith of the Prophet sallallahu alayhi wa sallam

01:09:16--> 01:09:22

clearly explicitly mentioning the punishment for someone who takes a false oath in the court. Right

01:09:23--> 01:10:00

golas zoo or Amina zoo, as mentioned in the Hadith, taking false testimony in court, the Prophet sallallahu alayhi wa sallam, he tells us against this in many places. Another thing that whatever they mentioned, as I mentioned earlier, at the end of the case, whatever the kadhi gives his ruling, he should always say that I have given the ruling in accordance to what was presented to me. The truth realized with Allah subhanahu wa Tada. So fear Allah and be conscious of him. The Prophet sallallahu alayhi wa sallam said similar words and when in one particular case, he said that sometimes one of you will come to me, and he will present his case

01:10:00--> 01:10:09

He's in a very convincing way and I will give a verdict in his favor. Know that if he has taken what wasn't his right then he has taken home a piece of the fire.

01:10:10--> 01:10:18

He has taken home a piece of punishment, he will be held accountable by Allah subhanaw taala. Okay, so we close off this gathering by reminding ourselves that

01:10:20--> 01:11:01

Islam goes too far away to uphold justice. This particular hadith is one of the many principles when it comes to judicial law. There are many, many, many rulings like this, there are books and books and books written on Audible kava, and common cover. It's a it's a whole department of study, and many fuqaha have written on this many of them have, okay? Today's class wasn't about learning the details of cover, it was to become acquainted with the idea and recreate and to create an appreciation for the process Islam has and for the depth of Islam, and that when a person makes a claim, they have the responsibility as taught to us by the prophets of Allah while he was set up to

01:11:01--> 01:11:21

provide proof for every claim you make. When a person makes a claim, this hadith is life, they need to provide proof why it's life, you can't just expect the person who the claim is being made against to provide proof now, I quoted the Hadith because I thought it was suitable. I thought it was appropriate. I thought it was acceptable. You claim it's not a simple word. Therefore, what do you need to do?

01:11:22--> 01:11:28

You need to provide evidence, right? It's your responsibility to provide evidence for any claim that you make.

01:11:29--> 01:11:32

So that leads us to knowing

01:11:33--> 01:12:00

be very that there is a there's a weight there's a responsibility that comes to making claims. Be very careful in your life when making claims. Any claim you make in your life. Be thoughtful, be careful, be thorough in making your claims. Because if you are asked for proof, you're the one that's responsible to prove that claim of yours or pray that Allah subhana and what that accepts, was that Allahu Allah sent him home with a Santa Monica rahmatullahi wa barakaatuh