» Earn on-going rewards and help us do more! «

Transferring Debt – Part 2

share this pageShare Page
Ibrahim Nuhu

Channel: Ibrahim Nuhu

Episode Notes

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


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

In similar manner Hey.

00:00:03--> 00:00:06

No matter who understand the structure of

00:00:07--> 00:00:08

the unforeseen

00:00:11--> 00:00:22

phenomena the la comida de vida de la la la la la la la sharika or Sharona Mohammed Abu hora solo Latina Amara takala Hakata fatty

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

to zero now pseudocode cola Coca

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

Cola de una de

00:00:37--> 00:00:41

la Colin said EDA Surya Kumar Kumar

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

confianza fosun avina Amanda

00:00:48--> 00:00:57

la Santa Hamelin Sara la hora your Salaam Mashallah Modi, Masato akula Ma, da da da da da da da da da da da da.

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

Last week,

00:01:03--> 00:01:04

we still

00:01:05--> 00:01:09

have driver B and gente para la sala de la hora

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

loca fantasy hunting

00:01:14--> 00:01:15

this hadith is

00:01:17--> 00:01:19

collected by normanby happy

00:01:22--> 00:01:23

Rahim Allah.

00:01:24--> 00:01:28

Unfortunately the chain of the Hadees is weak

00:01:31--> 00:01:34

that is, so, are the legal analyst

00:01:37--> 00:01:38

hat is is weak,

00:01:40--> 00:01:43

but at the same time it can be used to support the opinion that says

00:01:44--> 00:01:47

kafala in hand is not permissible.

00:01:48--> 00:01:51

We know what kafala is right to guarantee

00:01:53--> 00:01:56

something so the country contract of guarantee

00:01:57--> 00:01:58

he doesn't

00:01:59--> 00:02:02

Sharia does not accept it if you are making it in

00:02:04--> 00:02:05

can make it something else but not

00:02:08--> 00:02:13

tolerable has been a lot lattices with Amara to be legit us land

00:02:15--> 00:02:16

love female in Walla

00:02:19--> 00:02:20

Walla shaman Alicia,

00:02:21--> 00:02:24

the scholars have divided divided kafala into

00:02:26--> 00:02:27

two categories

00:02:29--> 00:02:29

grafana

00:02:31--> 00:02:31

demand

00:02:33--> 00:02:35

and also cavada to

00:02:37--> 00:02:40

get its coverage and man our Dino COVID

00:02:42--> 00:02:46

can find out for the wealth. And other times is the kafala for

00:02:47--> 00:02:50

a person to either kafala in person or kafala in

00:02:54--> 00:02:58

German borrow money from Hamza, for example.

00:02:59--> 00:03:02

Hamza wanted somebody to guarantee this

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

loan.

00:03:05--> 00:03:09

I said, I will be responsible in case of German fails to be

00:03:11--> 00:03:18

that's one type. The second one is, is during the court cases, court hearings.

00:03:19--> 00:03:30

If somebody is supposed to be present in the Mac camera, at a certain moment of time, when I tell the judge

00:03:31--> 00:03:35

I will be responsible to bring him back. Like the bail that we have nowadays.

00:03:37--> 00:03:40

Even a husband says none of them is hella

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

they're both wrong.

00:03:44--> 00:03:54

oversee justification and that is a that is no justification to support the kafala in a person or the kafala in wealth.

00:03:55--> 00:04:04

So it doesn't exist at all. We're not talking about HUD we're not talking about MMA, we're not talking about anything kafala is wrong.

00:04:06--> 00:04:09

Canada no shaftless if you could have a law

00:04:10--> 00:04:17

because it is a condition that is not part of the work of Allah subhanho wa Taala and as such, it will be bouton

00:04:18--> 00:04:20

void rejected

00:04:24--> 00:04:26

coulometric novare

00:04:27--> 00:04:28

and yes, Allah

00:04:29--> 00:04:32

mancala bc hottie he

00:04:34--> 00:04:36

Armenta kafala did was she

00:04:38--> 00:04:40

Robin McFaul on who

00:04:44--> 00:04:46

does not want to be bombing he was him.

00:04:47--> 00:04:49

So he says

00:04:51--> 00:04:56

if we are to ask the one who got who says that Kabbalah is okay

00:04:58--> 00:04:59

we ask you said

00:05:00--> 00:05:02

You are the guarantee for this person.

00:05:03--> 00:05:06

But now the person is missing. You don't know where he went

00:05:09--> 00:05:09

to get it

00:05:11--> 00:05:17

from others does not want to be a woman. What would you do with the one who says,

00:05:18--> 00:05:19

I will be the guarantee?

00:05:21--> 00:05:27

The one whom he guaranteed is gone. That person that he says I will bring him back now Colossus missing?

00:05:28--> 00:05:31

So what are you going to do with the one who is the caffeine?

00:05:32--> 00:05:35

Or to the moon, Osama some of moon,

00:05:36--> 00:05:45

Allah Jews who are a clue minded about it. If you ask him and hold him accountable of the payment of that debt,

00:05:47--> 00:05:50

get a sense he says he is the caffeine if you hold him accountable that

00:05:52--> 00:05:59

hasn't seen as This is injustice, because he wasn't the one who borrowed the money. There will be nothing but injustice.

00:06:01--> 00:06:08

And who will and militarism pokok to because he did not agree to pay the debt. He said he will bring the person

00:06:09--> 00:06:12

he never said I will be the one who should pay.

00:06:14--> 00:06:20

So what are you going to do? I'm going to hold him accountable if it's uncertain, or Punahou or you will leave him let him go like that

00:06:23--> 00:06:23

color

00:06:27--> 00:06:28

if

00:06:29--> 00:06:43

you have no answer to that, and that means you also yourself you are destroying the Obama disregarding them I'm gonna be one of your wish is to have them on in person he himself.

00:06:46--> 00:06:55

So are you going to leave him if you leave you go that mean there is no plan at all? If you hold him accountable, This is injustice.

00:06:56--> 00:07:13

Or Dr. Luna who took a leaf una huhtala. Who for who attack level, how much are you going to hold him accountable of looking for that person? Yaki You said you will bring him a noun his missing jobs, he won't bring him at the end. The man doesn't know where he went.

00:07:14--> 00:07:15

It says this is

00:07:16--> 00:07:22

over a burden and a person more than what he can because what How does he know? The place

00:07:27--> 00:07:31

Karna wha Takata will be one island you can live from Allahu El

00:07:32--> 00:07:47

Gato. You're going to hold him accountable of doing something which alas mahershala does not hold him accountable of it. So these are statements mentioned by those who don't see kafala to be to be valid.

00:07:50--> 00:08:02

Why does that occur? If it was Mr Jamil Rama pasa lobiondo sallallahu alayhi wa sallam aka Rafi Toma, some of the scholars Silicon Valley village, he is held on to that second type of kafala they agree with that.

00:08:04--> 00:08:15

And they said because the Prophet sallallahu alayhi wa sallam, he accept that cavada he does the kafala in he approved the kafala in a tumor in a complaint.

00:08:17--> 00:08:26

The accusation was cast upon somebody and the Prophet salallahu alaihe salam approves the kafala of somebody who used to be the caffeine in that regard.

00:08:27--> 00:08:31

Carla hoburne bow to the Emirati Brahim and

00:08:34--> 00:09:01

he said this is a weak narration because it is collected by somebody who is known to be the life who is that person is the mec Brahim of fame in Iraq, he and his father they are both Brava via according to the scholars of Hadith. And voila to use the right and Homer it is impermissible for somebody to generate anything from them. So if there is something that nourishing will be will be weak.

00:09:02--> 00:09:05

Some other Carranza Nom, nom de la de

00:09:06--> 00:09:25

la vieja, evil or geography cannot be learning what a Sunni, love it and then he brought a collection of artifacts from the library, such as river bin Abdulaziz and many others that are supporting cavada bill YG. And then

00:09:26--> 00:09:36

he refuted them all. It says we take the evidence from the statement of Allah subhanaw taala His prophets not somebody else.

00:09:39--> 00:09:40

Get it? So this is

00:09:42--> 00:09:45

the statement of Abraham and those who reject the kafala

00:09:46--> 00:09:57

Well, lawanna majority of the scholars accept the kafala in both cases. And this is the closest opinion to the truth because there is nothing rejecting it. You get an idea, Phil

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

Phil huduma

00:10:01--> 00:10:13

This one we don't accept somebody to replace him because he wasn't the one who does the act. But in the cold case is somebody to say that I'm responsible to bring so and so person back to the course is when it's okay.

00:10:15--> 00:10:41

There is nothing from the Quran or from the Sunnah of the last element that clearly rejects that even this Hadees, which says NACA falletta he had done in his week had narration. So, we cannot rely upon it, because it is not that authentic. So, we go with the general principles, yet we go with the general principles. So, if somebody says, I am the caffeine for the loan,

00:10:43--> 00:11:22

and then Martin makura, who the one who he guaranteed died, who is responsible, he will be responsible, but whether we will go back to the to the ads of that person who is the data and get the money from his estate, or we are not allowed to go since the money is transferred completely to, to the caffeine, this is something else. controversial issue among the scholars. If you look at it, as this person handled the responsibility to pay the debt, that will hold him accountable of it, we will not take the payment from the estate of the deceased.

00:11:24--> 00:11:30

But the kafala in general is okay against and contrary to the opinion often, even though hasn't been

00:11:31--> 00:11:34

taken get idea. A likewise if,

00:11:35--> 00:11:43

let's say, a person is damaged, it was he says I will bring the person to the court.

00:11:44--> 00:11:53

But unfortunately, that person is dead. Who is responsible? Nobody's responsible, because this is not based on his negligence.

00:12:34--> 00:12:35

Okay, hands up.

00:12:41--> 00:12:59

So in case of death of McFarlane, who, in this regard, we don't hold the caffeine accountable of that cavada. Because this is beyond his responsibility, his job is to bring him to the court and get it his job is to bring him to the court.

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

If he can bring him back, then close the cases close. If he cannot bring him back, due to the disappearance of that person, in a way, let's say which is beyond his own control, we don't hold him accountable for that.

00:13:18--> 00:13:29

So I will say again, Kabbalah is legal, and that's the best opinion according to the opinion of the vast majority of the scholars, the Hadees used by the

00:13:30--> 00:13:44

highlife, it is not authentic Hadees will go with the general principles which says people in their personal dealings allows more to accept whatever they come up with as long as it doesn't go against the principle Shelia

00:13:45--> 00:13:50

get this principle inshallah. Okay, so that's the end of this topic of Harada.

00:13:52--> 00:14:11

Get it? We are done with hawala and dama Charla, so? I hope, no complication in case of the Hawaiian any last time the first class it was a battle, something that in since you guys called out that means everyone understood what is supposed to be understood in that.

00:14:12--> 00:14:16

Anyway, if you have any question, then you come up, come up with it in

00:14:18--> 00:14:32

the next chapter is chapter number number nine, which is about shedinja. partnership and wirkkala. An agency you get it you talk about shanika, partnership and agency.

00:14:33--> 00:14:35

So as usual, Yvonne

00:14:36--> 00:14:37

has

00:14:38--> 00:14:42

quoted Heidi's from the Prophet sallallahu alayhi wa sallam or to support the

00:14:43--> 00:14:44

topic

00:14:45--> 00:14:59

called Ana de hora de la Han who, kala Kala Rasulullah sallallahu alayhi wa sallam called along with Donna, and a third officially cany ma lemmya hoon, a Hulu Masahiro fader Han

00:15:00--> 00:15:02

coverage to mean bainham.

00:15:04--> 00:15:10

This head is also unfortunately is weak and get it. And unfortunately in this

00:15:11--> 00:15:15

chapter, almost all Harry's talking about shanika a week.

00:15:17--> 00:15:24

So we'll extract the benefit from them and the lesson, which are supported with the general principles, not the Heidi's themselves.

00:15:25--> 00:15:29

This one is very interesting, but unfortunately it is not authentic.

00:15:31--> 00:15:43

Carla Anna, fallacy Shetty, Kate, the Prophet salallahu alaihe salam, I said, a last 100 which Allah says, NFL Official UK and the third of the two contracting parties

00:15:44--> 00:15:48

to partners. Again, do you have two people

00:15:49--> 00:15:57

agreeing to establish a company again, it's so last March I says, I will be the third one.

00:15:59--> 00:16:07

Marlin Nicola Hydra who Masahiko as long as one of them did not, does not see the other one.

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

If one deceive the other one. Then our last our tele says couraged him and beat him up. I will just leave them with with a business

00:16:18--> 00:17:10

that will be a great loss. Alas, Martin is with you. But now he leaves that business. So he will leave you alone with no support, no health. So as I said this head is is weak, but the meaning is contained is excellent and good. And it is true. A loss of heart remains with the people as long as they don't cheat. The Prophet sallallahu alayhi wa sallam I said Albania Hannibal here Ramallah metaphorical, the two contraction parties are born. Yeah, PR means option. Pr means the choice to agree to continue or to decline that transaction. Again, he says insert a kobina barakallahu mithibai if they are to be truthful, and they explain the contract, and they explain that which is

00:17:10--> 00:17:58

contained in their products. Allah subhanho wa Taala is going to put baleka in in that transaction. So you see this is you know, in any business to be applied in any business or transaction, that transparency and honesty is supposed to be the cheating and fraud and deception are supposed to be rejected. If we really want Allah subhanaw taala to put Baraka in a transaction where the last monitor says and unselfishly Katie. Let's see, we see how this is authentic. This is Mary of a lost power to Allah with what we support and help and protection to get idea. And how do they get that? If they're honest, if they don't cheat, they don't deceive. Get it? If they don't do all of these

00:17:58--> 00:18:01

then Allah subhanaw taala Baraka in that transaction which which they do

00:18:02--> 00:18:29

at lasma hotel I grant is good and success in life. So whoever wants to establish a company, Amana should be the first intention. And that's why nowadays is not about the business is about whom to cooperate with you in a business, who can be honest with you do the business it's very necessary to get somebody who believes in Allah subhanaw taala and knows that Allah rejects light

00:18:30--> 00:18:43

law doesn't like cheating, deception in any dealings. Then Israelite Allah Baraka will replace if you are like that, he's like that, you will definitely succeed in that transaction, even light Allah

00:18:45--> 00:18:51

one side, Allah Kazumi and who can actually can be said Allah Allah. Allah tala.

00:18:52--> 00:18:57

Jaya malfatti for tala marhaba bfhi was shaky.

00:18:58--> 00:18:59

aside,

00:19:01--> 00:19:06

a cyber makueni can actually can be sallallahu alayhi wa sallam a tabula rasa

00:19:07--> 00:19:31

a cyber masumi he used to be the shriek of the Prophet sallallahu alayhi wa sallam before albenga Bertha Yani before the professor Allahu Allahu Silva is sent by Allah subhanho wa Taala before he became the Prophet, this man aside masumi can assure you can be so long Salah he used to be his sherek

00:19:32--> 00:19:36

get it a partner of the Prophet sallallahu alayhi wa sallam are in the business.

00:19:38--> 00:19:39

This aside,

00:19:40--> 00:19:42

David Hydra says

00:19:43--> 00:19:48

he's one of the Kullu one of them are left to kulambu

00:19:49--> 00:20:00

are the aliphatic Ooh, boom, right. So he used to be one of them all efforts. kulu boom. Those people that were trying to soften their hearts accept Islam. That it's the

00:20:00--> 00:20:14

very beginning he was like that is to be the partner of the Prophet sallallahu alayhi wa sallam, and then Islam comes in delayed in accepting Islam. So it used to be one of those who are left to kulu what kind of middle bomb marry again. So

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

he accepted Islam afterwards and has an Islam who works Academy alarm marine is one of those people that are lost more to granted very long life. You know, before the purpose of lots of our son he used to be a partner. You get it? How old was he at that moment? Allahu Allah, who actually lezama Lima Aria, he lived until the time of Maria della,

00:20:38--> 00:20:52

edit, live the time of the Buddha. The timeline in Medina, the time of Abu Bakar, the time of Irma was nine Ali. Again it's 30 years after the Prophet sallallahu alayhi wa sallam, and he lived until the time of Mario.

00:20:54--> 00:21:39

So that's why they said he is one of them are married. And he those people who live a very long agent are kind of shady cannot be said Allahu Allah. He said Murphy I will Islamic 50 Allah, and he used to be the partner of the Prophet sallallahu alayhi wa sallam, and also a first part of Islam. 50 Java in business. So when he says, I was the shriek of the Prophet sallallahu sallam, he's referring to that shilka when he cooperates with the Prophet sallallahu alayhi wa sallam are in a business. But Americana Yeoman fettke Kala marhaba he was sharing shakey canalys Mati. Wala you daddy. So after the first omaka he says

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

marhaba be shaky. After the first promarker he says to the Prophet sallallahu alayhi wa sallam during the fight for Mancha. Marhaba ambition he

00:21:50--> 00:22:20

is welcoming the Prophet sallallahu alayhi wa sallam as his partner. He got his partner in business, and then he praised the Prophet sallallahu alayhi wa sallam by saying, Can you marry ya daddy? The Prophet sallallahu alayhi wa sallam is a person who doesn't argue and debate in the wrong way in business. And while I agree and is the person who is not harsh, it's very soft, a person and gentle a person who tolerates

00:22:22--> 00:23:06

this a description of the process that aloha Nick was someone who was doing business very lenient and gentle, a person set out to lay whatsoever Hawaii. So what does that mean since this type of partnership continues, he and the Prophet sallallahu alayhi wa sallam we understand from that that partnership in Islam is is okay because if it wasn't okay the Prophet sallallahu alayhi wa sallam will explain to him or to the oma that this is wrong ways to do it before Islam but then Islam comes this business is wrong. They usually Allah subhanho wa Taala for protection the Prophet sallallahu alayhi wa sallam are to be engaged in evil attitude even before Islam. That's why there are certain

00:23:06--> 00:23:24

reconcilation and battles that the Prophet sallallahu alayhi wa sallam was involved during the gitea he says if similar thing could happen in Islam, I will participate also, because it was based on justice galleys in justice, a professor of law in Selma never participate in that before of this law.

00:23:26--> 00:24:13

Carlos de Fidel, you know Allah Mashallah. katakana fabryka Islamic from Kerala, Sharia Allah Makana Tommy, from this hadith we learned that shanika used to exist before Islam. And then the Prophet salallahu alayhi wasallam, or the Sharia confirms that establishment and existence against and approves it, after it comes. So it used to be there. And this is the this is the issue of almost all the businesses get it that we are doing. They used to exist before Islam. But then the prophets Allah Salam approve or disapprove some of them, they get it. So Sharia doesn't come with a list of businesses that you can do, do these students don't do this, about Sharia comes with a criteria,

00:24:14--> 00:24:33

principles guidelines. Again, it's Maxim's that they're supposed to be that are supposed to be used to govern any transaction that exists. So that's what companies and the banking system that are attributes of themselves

00:24:35--> 00:24:49

to Islam as opposed to understand that the issue is not about you introducing a new business. The issue is about you being honest, in that business, you introduce first key,

00:24:50--> 00:24:59

the name intact. If you are taking an Islamic name, then keep it intact. Do not modify and do not take an Islamic

00:25:00--> 00:25:13

title and have a different content underneath is where we find it. Find the title is correct and everyone will tell you yes it's hard but unfortunately when you see the contents the content is different.

00:25:15--> 00:25:16

So

00:25:17--> 00:25:28

what are they supposed to do go ahead and introduce whatever business you want to introduce but make sure that you don't go against the meezan barzini Sharia fee transaction very simple life

00:25:29--> 00:25:42

introduce whatever you want but make sure that you observe the Sharia legal principles that allows our to Allah design to govern any transaction that exists on Earth.

00:25:43--> 00:25:46

One of the line was already there lavonne who

00:25:47--> 00:25:54

is Dr. Anwar mountain was added FEMA to CBO mobilink

00:25:56--> 00:26:01

the light mushroom says there was an agreement between me and our Ma and sod

00:26:03--> 00:26:13

this agreement is based on whatever we generate of granny ma during the Battle of butter which among us

00:26:14--> 00:26:19

whenever I got you got I got them we put them all together we share

00:26:21--> 00:26:26

a jar Assad in the Sierra Nevada as an ambition

00:26:27--> 00:26:29

sad came with a cry

00:26:31--> 00:26:35

and I did not bring me and I do not bring any we did not bring anything

00:26:37--> 00:26:41

sad came with two slaves. But we couldn't do anything.

00:26:43--> 00:26:55

But the agreement is it doesn't matter whether you got something or you did not or whatever we got all of us we have to put it all together and then we share. So inside got something

00:26:56--> 00:27:03

and we didn't get me around anything. What does that mean? Sad has to share with the

00:27:05--> 00:27:09

to get it this is what we call shalaka to Alibaba.

00:27:10--> 00:27:13

You have different types of sciatica, sciatica,

00:27:14--> 00:27:15

sciatica In

00:27:16--> 00:27:20

any case, what you get is dedicated to

00:27:21--> 00:27:30

that. So every sciatica is a contentious matter. Some scholars accepted and some scholars rejected with the exception of silica to the inner

00:27:32--> 00:27:39

galaxy, all the rest of the shadow card some scholars accept and some scholars rejected

00:27:41--> 00:28:01

so according to this Heidi is Shelley curtain up Dennis Okay, how this shady curtain up then happens. I don't have money, you didn't have money, but we're going to use our skills. This is what you have with the physicians and medical doctors group of them. They open

00:28:02--> 00:28:03

a hospital

00:28:05--> 00:28:10

they run that hospital. So everyone is using what skills you get it

00:28:11--> 00:28:21

pharmacy things like that. So is is a is a is a partnership that is based on skills not based on capital but skills in the capital here.

00:28:22--> 00:28:34

That's why they call it shellcode abdon because nobody's paying anything. Technically the most important focus is is the skill each and every one of them has and

00:28:36--> 00:28:42

yet it so some of them about him like an F and others Begley with that

00:28:44--> 00:28:54

a mama Chevy and some other scholars, they do not agree we should get the job done because they said that is heard in it. Where's the gun? They said we don't know the man

00:28:56--> 00:29:02

we do not know who will succeed and who will not succeed. Sometimes one of them will generate something and the other will generate nothing

00:29:03--> 00:29:06

and they will end up fighting each other

00:29:08--> 00:29:19

so that's the reason why they rejected it. Tada without mobile has no carbon has the latitude to shut down efficient Aslan in wakad. He abakada to Latin

00:29:20--> 00:29:49

hasm and many others they said it is impermissible to have shut down. It is bolted up from the beginning because there is nothing to support it from the book of Allah subhanaw taala or from the Sunnah of the Prophet sallallahu alayhi wa sallam. As for the Hadees of of the lion was rude. It is weak narration. So that's the problem if this is authentic, and there will be no justification for somebody who rejects this type of shalaka.

00:29:50--> 00:29:59

But now, this Gara uncertainty that exists before the we have is now an example shedding

00:30:00--> 00:30:15

That we have nowadays, it doesn't exist. People have been doing that with no problem amongst themselves. Get it in every country you go, medical doctors, lawyers get it's a car, they don't have anything they just rent

00:30:16--> 00:30:46

a place and they will be in that place, dealing with the cases and get it there is no color. And as such, Allah Allah the best, the best opinion his opinion that says it is okay. There is no problem with that to have group of people who agree to cooperate among themselves and to share the profit equally or according to whatsoever they have agreed at the beginning.

00:30:47--> 00:30:52

Korean shala so that's the best opinion the one that says inshallah It is okay.

00:30:54--> 00:31:13

Get it. As for this Hadith, we don't use it because it is it is weak. First of all, some scholars said it is actually doubtful this hadith because how would they agree that they they are going to share what ever they got? This is vanilla.

00:31:15--> 00:31:21

They don't have it. It doesn't belong to them. It belongs to Allah. Allah is supposed to be distributed to everyone

00:31:22--> 00:31:27

get it? Unless if we're going to say that these brothers are talking about a setup.

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

You know what sort of means right? setup

00:31:32--> 00:31:52

is the cloth, the properties of an enemy who's killed at the battlefield. The Prophet sallallahu alayhi wasallam I said man, patella cotton Lavalle he a fella who said, Whoever kills a person, and he can prove that we can give him the seller

00:31:53--> 00:31:54

carry

00:31:55--> 00:32:08

more and more than enough for those two people who kill one of the enemies of Allah subhanaw taala. And they they were in a conflict, Who killed him?

00:32:09--> 00:32:25

Because the seller is supposed to go to all of them. So the Prophet sallallahu alayhi wa sallam told them bring your swords, they brought their sword. So the prophets Allah holism I look at both swords. And then he says killer Kumar Patel.

00:32:26--> 00:32:27

Both of you killed him.

00:32:29--> 00:32:40

But then he gave the setup to one of them. Because he saw that the nature of this safe, the sword goes deeper than the first one.

00:32:41--> 00:32:54

Yeah, the sign he sees in the first one is not that much. So he participated. But this one most likely does the job more. So that's the reason why the Prophet sallallahu Sallam I gave him the

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

ticket idea.

00:32:58--> 00:33:15

One of the companions of the Prophet Allah, so I killed an enemy, he put his cloth on him. When the companions comes, they thought this is a companion is dead. So they started mourning, saying that a whole lot in that environment.

00:33:16--> 00:33:36

Is that the problem is that a lot earlier, someone who saw him he said no, this is particular. This is the one who was killed by him, not he himself. Why does he do that? To keep us I am the one who does the job. Because whatsoever it is brought by that person, you have a right to take it

00:33:37--> 00:34:00

by this is a controversial issue. Some of the scholars don't agree with that. Don't agree with the setup to be given a set it has to be divided by the mean the leader for the combatants, we can favor some of them, just because they are the one who did the killing Baba charlatan. They said we cannot favor them.

00:34:01--> 00:34:22

So whatever opinion you take the Prophet salallahu alaihe salam I used to accept it. Some scholars said it is up to the email. That's the closest opinion. If the Imam says yes, yes, yes. That's why one of the battles some of that image did not agree with that. Because one of them got a very huge

00:34:23--> 00:34:58

gold very big, so if he takes it, he's taken all that anyone literally is going to be left the dinner gave him all they took it, they share with it gave him something reasonable and they take the rest and share with the rest of the fighters and the combat combatants. So whatever the case might be this hadith this week, so we didn't use it to support the shalaka I love down. That is a shakeout which is contraindicated arena whereby you participate in the capital and

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

your

00:35:00--> 00:35:11

Your your partner also participates in a capital not necessarily the capital should be the same again, it is not necessarily the capital should be the same,

00:35:13--> 00:35:17

this one also is okay according to the best opinion, then you agree to share the profit,

00:35:18--> 00:35:37

you and your partner. So, you pay some money contributed to the capital and your partner also pay some money to contribute to the capital. Again you share the profit according to your participation son also according to the best opinion is okay although some scholars having some doubt in it.

00:35:38--> 00:35:42

The second The next type is dedicated masala

00:35:43--> 00:36:11

masala, also a contentious issue whereby you participate in that amount, and your partner's who participate in the same amount. And you also share the management. That's why the scholars said in this kind of partnership, Islam is a condition. Okay, this is where Islam is necessary in this kind of partnership. Islam is a condition because you're going to be like him

00:36:13--> 00:36:37

completely, he has the management, you also have the capacity to manage. And he shared the same capital and he also shared the same thing. So he has to be Muslim, why Islam is necessary in this contract. Because if management could be undertaken by the non Muslim, he might introduce a non halal business.

00:36:38--> 00:36:49

And you can't say anything because he has the power to do that. He has the authority to manage the business in the way he he believes to be fit in that agreement between you and him.

00:36:50--> 00:37:19

Is that clear. So in this circle through masala, you must make sure that your partner is is a Muslim, contrary to the others, you can do it with anybody else because you can just agree with him to be the manager. You can you can just agree with him to be the manager. All you have to set up conditions that can avoid you being trapped by his deception in the future where he will introduce something which is not within the agreement of your Sharia.

00:37:21--> 00:37:24

So the that is the last Jedi can share with you.

00:37:25--> 00:37:32

Zulu is the contract of partnership whereby none of them has money. But they have

00:37:33--> 00:37:35

what is what face.

00:37:36--> 00:37:39

So in the rest of the partnership, they don't have face.

00:37:44--> 00:38:06

Let's face they're not talking about the physical face and talking about respect, creditworthiness. They're gentle people in the eyes of the traders. I don't have money. Hamza doesn't have money as usual. Okay, sorry, Hamza. Hamza doesn't have money. I don't have money. So we go to Oklahoma, no, he wants to go to say

00:38:07--> 00:38:46

there is a businessman. A drama is a businessman. Hamza goes to after a man to borrow things from him, he bought something from our grandma on credit. I also bought from us there and created then the agreement is we go and utilize this thing that we will invest in you get it in our own way to generate a profit to get idea whatever profit we generate, we share among us according to what we have agreed that it so these are the types of the partnership mentioned by the scholars. There is another type of partnership, which the scholars mentioned.

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

And this

00:38:49--> 00:39:13

partnership is is the Shackleton modaraba Shinkansen modaraba. Many scholars don't agree with it to be shalaka this is a kind of ijarah not shanika is a kind of ijarah not shanika a good idea. So you have many scholars who will say to you that it is

00:39:14--> 00:40:00

it is shalaka because what happened in modaraba inshallah it will come in the future, or what happened in Bulava is, I have money, but I don't have time to invest it. Or I have money but I don't know how to invest it. So then I agree with you. You don't have money but you know, you have the skills for the investment. So I'm the sahiwal map and you are the medallion, I give you the money. You go and invest it to generate income, whatever income you generate. You come and share with me according to what we have agreed. The best opinion is the one that says it is based on our agreements. 5050 4060 whatever we

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

have agreed, it is up to us to get an idea. But what we should remember here is in every partnership that Shelly agrees with the profit and the loss sharing has to be equal and has to affect everyone.

00:40:19--> 00:40:30

This is what the system nowadays is rejecting. And that's why any partnership that is not based on reality, this partnership is wrong.

00:40:31--> 00:40:35

Like the shares before buying sometimes

00:40:36--> 00:40:41

this purchase has to be a reality, if you are a partner in that company,

00:40:42--> 00:41:29

through the purchase of the shares, you must be a real partner, why buy issue related blanket black and white that you are the partner in this company, if there is a loss, you lost everything, if the company says you capital has to be returned to you, no matter what, this is not partnership, but alone contract between you and them. And as such, you are supposed to generate any profit from that company, you have to take exactly the same amount you came from, you can idea is is very important for us to understand, because some of them, they will tell you from the beginning, that we will guarantee you the return of your capital, the return of your money, you will never lose anything. So

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

this is a loan contract islamically This is a loan contract islamically it is not a partnership contract. This is a loan contract islamically it is not a partnership contract.

00:41:42--> 00:42:22

So that's the answer to many questions that are coming nowadays concerning this matter. First of all, we'll look at the investment It is based on what it is hello and the first condition is fulfilled, he can go on get involved in it. And secondly, we have to make sure that we are real partners in that we are real partners in that not partners by name, but in reality we are not they just borrow money for investment and they share some of the profit with us. This is not a partnership that Sharia accept the some of the same goes to Dharma in mudaraba when there is a loss who loss

00:42:24--> 00:42:26

modality or design Wilma both of them

00:42:27--> 00:42:33

get it according to the best opinion both of them are losing. So I have one man lost his mouth.

00:42:34--> 00:42:36

And the modality lost his effort

00:42:38--> 00:42:43

Kelis because this effort and his time that he spent if he is to use it in something else.

00:42:44--> 00:42:57

He might generate a lot much more greater than what he might he is supposed to be receiving from your business with you. So this is the end of the Heidi's talking about the shalaka

00:42:58--> 00:42:59

the next head is

00:43:00--> 00:43:04

an axe head is is the Hadees that talks about what color and it is also weak.

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

jabil Abdullah he rhodiola and Houma Kala erupting Hello Jayla hi Bala. For attention, Libya sallallahu alayhi wa sallam. He said I decided to go out to Haifa and I came to the Prophet sallallahu alayhi wa sallam faqad in Turkey the behavior of a human who comes into Russia with

00:43:27--> 00:44:11

the Prophet salallahu alaihe salam I said if you come he said I decided to go to high but the Prophet Allah someone he knew about that is it pleased when you reach high bar, you go to my work He is my agent they're in high bar and take from him come Sasha wiska come Sasha wiscon take from him 15 whiskey, whiskey is a measurement. Again, it is a measurement they used to measure the seed with it during the time of the Prophet sallallahu alayhi wa sallam and every single whisk is equivalent to 16 saw saw is a smaller measurement, every whisk is equivalent to 60 saw again it was so much of that and every

00:44:13--> 00:44:15

constitute for mud

00:44:16--> 00:44:20

is another smaller measurement right. So so if you go by kg,

00:44:21--> 00:44:23

if you go by kg is around

00:44:24--> 00:44:38

two point 40 kg is almost 2.5 kg, yet it's almost 2.5 kg. I'm just mentioning this for the sake of information, not for the sake of judgment because in Islam when a lot smarter than us

00:44:40--> 00:45:00

when Allah subhanaw taala use measurement we have to keep it like that we're not allowed to change especially when it comes to the car. Because if you're going to go for the weight, the the poor guys will be harmed. Get it because if you take some of the

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

baraat a few can constitute the amount of the cases we are looking for. If you are going to go with the size, then you have to increase a lot to get an idea. So we go with the measurement, where should they accept measurements? We go with the weights where Sharia goes with the weight, okay? It will not change until the day of judgment, no ha ha here, we have to keep it in the way it is. So he said when you go to my worksheet, and then take this from him on my behalf, this is from the sort of like, what am I move any Java minca I attend for that year? The Karla 240. And the completion of the halys is that if this person looks for a sign from you,

00:45:47--> 00:45:57

what would you do? It says if this person looks for a sign from you, and put your hand on this bone of prophecy.

00:45:58--> 00:46:01

So when you put the hand here, then

00:46:03--> 00:46:07

he will understand that you're from me. So this is circumstantial evidence right?

00:46:11--> 00:46:11

often had it led

00:46:12--> 00:46:32

to a collar, all ajumma. From this harness, we learn that agency contract is hella is accepted by Sharia. And the consensus of the scholars is on this although the Hadees is weak, but there is a consensus of the scholars on the matter because you have some other other muscles supporting it.

00:46:35--> 00:47:00

Which can be working with a local account below a key and that will keep everything that is on that the shoulder that is on the shoulder of the market. There's a principle is also supposed to be on the shoulder of the key whatsoever The wikid has of right, the more work it has have. Right? That will keep also has

00:47:02--> 00:47:03

Carlota Bauman Howdy.

00:47:04--> 00:47:18

Howdy, fi delino alimony Bill carinata female already, we learn from the completion of the Hadees that we can use Kareena when it comes to the wealth that belongs to others. You know, Carina writes circumstantial evidence,

00:47:20--> 00:47:55

we look at the circumstance to understand the truth from it. Those of you who studies law, you will know what I'm talking about is one of the most powerful disciplines to be learned in law, when it comes to the evidence especially nowadays, because not every time we will be able to have physical, tangible evidence. Sometimes we look at the circumstance it DNA, cameras, fingerprints, all of these things.

00:47:57--> 00:48:16

They are called circumstantial evidences, messages and all so they are not supposed to be used to establish a head but we will let them support the existence and what they're looking for to evidence, to evidences me to witnesses, you have only one

00:48:17--> 00:48:21

that you have the circumstantial evidence to support it.

00:48:22--> 00:48:32

Can you use it or not? So for the sake of knowledge and sha Allah, if Allah which we're going to talk about that in the wind, but the last part of global morale, he talks about

00:48:34--> 00:48:34

Kava and

00:48:35--> 00:48:45

shahadat velyka will be dealing with some of these issues. But for the sake of knowledge for somebody who wants to increase his knowledge, he should read

00:48:47--> 00:48:47

the Book of

00:48:48--> 00:48:49

Enoch,

00:48:50--> 00:48:53

edit, read the Book of Enoch, he

00:48:55--> 00:48:56

talks about that.

00:49:01--> 00:49:03

token alchemy, he talks about that.

00:49:04--> 00:49:34

He has a very strong view concerning this matter, where he says, evidence in Sharia is designed by the Sharia to detect the truth, and we call it by ILA, then how to be in shock, because it explains the truth and exposes the truth. And as such, whatsoever exposes the truth, we take it as by you know, not necessarily a specific thing mentioned by or specified by the Sharia. You can take something else also that the same, the same job

00:49:35--> 00:49:54

carnavon who said the Kobe rasuluh lucam denied and the messenger who was sent to collect that wealth, we can support him and testify and agree with what he says if that is cleaner, because the problem is a lot of Somerset touch this part of his body. He will understand you from me.

00:49:56--> 00:49:59

What cuz I have a letter still Karasu the feel of the GMR two minute will

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

My

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

fellow

00:50:03--> 00:50:17

CT scholars mentioned that this is what could be done. But some of the scholars said no, unless if we didn't have doubt in that person. If we have doubt in him then we didn't use Kareena to support his case.

00:50:19--> 00:50:23

When that happened head we are in the hula, hula anumana

00:50:24--> 00:50:27

Toby, Akira, and who in the

00:50:28--> 00:51:10

Casa de jazza? Definitely. So this is just like some of the first opinion where they don't agree. Another statement from them is a less if we have something to support his case. So Allah Allah, as I said, karate, they're part of the Sharia the Prophet sallallahu alayhi wa sallam indicated that using a Kareena in Islam is okay. And it has to be has been, had been used by the nation even before us. Look at the case of Solomon and the two sisters. It remember that right? When they lost their daughters or their children. And then

00:51:11--> 00:51:34

the eldest claim that the remaining one belongs to her. And that was wrong. And the youngest said it is mine. That was the truth. But that holds according to what appears to him. He decided the case for the case for the elders. So the man when he heard about the issue, he called him back. He said cow caller had to name his key.

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

He says, Bring a knife. So the youngest one said when they brought the knife, so the youngest one said, What are you going to do? He said, I just want to divide him into two I gave you have cheated, since you like he doesn't.

00:51:52--> 00:52:06

So I don't want one of you gets him and the other one doesn't get something unless you share. You get this video. If you catch it, what do you have death? So when he said that, and even if he doesn't die, and how can you see your son just half of him?

00:52:08--> 00:52:15

So when he said that the youngest one says, who will just leave him?

00:52:16--> 00:52:29

I don't want so when she said that Solomon said give him give the child back to her. What is the US Canada? is a Kareena because mother cannot take a child

00:52:30--> 00:52:33

cannot take a child and throw him away or kill him.

00:52:35--> 00:52:43

Nowadays, the vast majority of the children that we found on the road that children are what? Xena

00:52:44--> 00:52:45

see no.

00:52:47--> 00:53:03

Otherwise, if she got it legitimately, how can she throw him away? But these are the children of Xena. They don't want to carry the shame. Again, it's so a lot smarter has protected them from committing new sin.

00:53:04--> 00:53:12

So when the child comes because sometimes they combine two things, the sin of Xena and the sin of kin and thus

00:53:13--> 00:53:21

a committed sinner the child comes and somebody will give them the fatwa based on mocassin this mocassin melodies anything mocassin acid,

00:53:22--> 00:53:26

para la mesa mikaze again protection of Anna

00:53:28--> 00:53:33

holla fuqaha. Why didn't he give her fatwa to protect her honor before there's no issue?

00:53:35--> 00:53:43

until it happens and protection of honor is essential in Islam. And as such, they will legalize for them the abortion to go and kill the child

00:53:45--> 00:54:07

that's bottlenose. In Islam. The general principle says nobody is allowed to kill somebody for him to survive the law, nobody is allowed to kill another person for him to survive. That's information that you might see in some folk, that if there is a need to reduce the size of the population, we can go reduce the size of the population.

00:54:09--> 00:54:14

Take your idea as wrong absolutely wrong, it has nothing to support it.

00:54:15--> 00:54:18

If people are going to die, all of the they have to die all of them.

00:54:20--> 00:54:23

We don't sacrifice some on behalf of half of the rest.

00:54:25--> 00:54:34

The example they give is when they are in a subpoena and a subpoena is about to sink. We have to do what we have to reduce we need to reduce them.

00:54:35--> 00:54:40

Then we should reduce up so that the rest will be saved. Who should go first?

00:54:42--> 00:54:50

It's a young one said the old one told the young young Guess what? You guys should go. I said why? Say because

00:54:51--> 00:54:54

anyway, even if you die you don't have seen you go to Paradise.

00:54:57--> 00:54:59

So the youngest one was smarter than that except

00:55:00--> 00:55:05

You, you're too old, you're useless even if we let you stay, then after a few days you die.

00:55:06--> 00:55:08

Who isn't going to take care of that issue?

00:55:10--> 00:55:16

islamically there's not, you can use the Eunice alehissalaam story.

00:55:18--> 00:55:21

That was the ashlea if it was the Sharia,

00:55:22--> 00:55:26

get it in our Sharia katima, Neff synergis beheading in an hour.

00:55:28--> 00:55:37

The prophets Allah several mentioned three justification for the killing of a Muslim. Other than that, no way for somebody to be killed.

00:55:39--> 00:55:46

Good idea. So we have to understand this that abortion is strictly rejected islamically it has no place in Islam.

00:55:48--> 00:56:04

The only time we talk about that is when there is a strong need, there is a strong need and a strong fear confirmed by the trusted medical doctor and the child is still within the first stages of this form.

00:56:05--> 00:56:10

Get it the first stages of this fall, some scholars said

00:56:11--> 00:56:13

we are allowed to take him out.

00:56:14--> 00:56:21

And even at this stage also some scholar said no. This is interference and going against

00:56:23--> 00:56:29

the decision of Allah subhanaw taala and his act because Allah subhanaw taala says

00:56:31--> 00:56:39

for Jana who feel really lucky, john no lucky, Allah said we put him in the corner of

00:56:40--> 00:56:41

a very strong and firm

00:56:42--> 00:56:44

place of protection

00:56:45--> 00:56:49

for it to be protected in that place. So we cannot remove.

00:56:51--> 00:56:55

So holla imagine everyone believes in these laws and these principles.

00:56:56--> 00:57:06

Because some of them they will go and be negligent, get it and have the pregnancy because they know some photos are saying it's okay to take him out.

00:57:07--> 00:57:19

So this is what killin enough's after the soul is given, then there will be no way no controversy here. Although you might see some of the contemporary scholars might say,

00:57:20--> 00:57:22

we can do that, but this is absolutely wrong.

00:57:24--> 00:57:27

Some of them said we should save the mother

00:57:29--> 00:57:29

and kill the child

00:57:31--> 00:57:34

as the same thing, some of them

00:57:36--> 00:57:40

said this is a happy story that is not comfortable in here.

00:57:41--> 00:57:44

And the best is to look for some other alternatives.

00:57:47--> 00:57:49

As one of our scholars mentioned that, we do have

00:57:51--> 00:57:54

the technology nowadays even if the mother is dead.

00:57:55--> 00:57:58

And by the way, when she dies, who killed her

00:57:59--> 00:58:02

a lot, who to be blamed. Nobody.

00:58:04--> 00:58:07

Nobody? How do I know that if I take the baby out,

00:58:08--> 00:58:10

the mother will survive

00:58:11--> 00:58:17

and will lie that is written upon how even if you take the baby whatever you do, she will die.

00:58:19--> 00:58:24

Then we have sisters, after they take the baby, they remove the beam from

00:58:27--> 00:58:28

from her she died.

00:58:30--> 00:58:34

Good idea. So Allah take this whole, nobody to be blamed.

00:58:36--> 00:58:37

But if we kill the baby

00:58:39--> 00:58:41

who killed the baby who is responsible, we're responsible.

00:58:43--> 00:58:47

We're responsible, whoever gets involved has to repent to Allah subhanaw taala and do his thing.

00:58:50--> 00:58:59

And also the deal for that child if the form of creation is I mean human beings this in him has to be paid by whoever participated in that.

00:59:01--> 00:59:07

Last Mile, Rotella protect a guy the oma to the to the truth. And

00:59:11--> 00:59:12

so these are the car.

00:59:14--> 00:59:25

In Islam, as I said, the circumstantial evidence is okay to be used. It's also highlighted to be used by the court. But can we establish a capital punishment with it or not?

00:59:26--> 00:59:33

The best opinion is no guess because all the scholars agree that had is supposed to be

00:59:34--> 00:59:37

canceled in the existence of should.

00:59:38--> 00:59:44

It shouldn't exist. Any form of doubt that exists and had that had has to be conserved.

00:59:45--> 00:59:50

Why is that? Let's say the decision is to cut off his hand.

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

We cut off the head.

00:59:54--> 00:59:58

But then we realize that we are wrong in that decision. How can we fix this problem?

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

Not

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

the decision is to cut off the head or to stone till death. We did that. How can we rectify?

01:00:09--> 01:00:13

That decision is to beat him or her at times, will be?

01:00:14--> 01:00:18

How can we rectify that if we realize that we along with that decision.

01:00:19--> 01:00:21

That's why it's very dangerous.

01:00:22--> 01:00:25

To be a judge, it's really critical

01:00:26--> 01:00:30

moment for you, if a person understand that nowadays, we fight each other for that,

01:00:31--> 01:00:33

before these run away from it,

01:00:35--> 01:00:53

because they know how much they're going to be held accountable of any decision, they're making it you know, life of people is going to be any new and you just say yes, they won't kill. You say no, they take the right of somebody and give it to others very difficult

01:00:54--> 01:00:56

decision to accept to be a judge.

01:00:59--> 01:01:27

So in dude, wherever shouldn't exist, we have to cancel that hat. And as such, the best opinions on that says we don't establish had, because of Kareena because Carina still has some percentage of doubt in it, get it? DNA analysis, DNA test, all of these things, they have some doubt in the video cameras, they have dealt in them, especially in this time that we are living in.

01:01:28--> 01:01:33

They can bring something they they will say there this is you doing that.

01:01:35--> 01:01:36

And you don't even exist in the place.

01:01:38--> 01:01:44

Can I this is this life, the funniest one is they can arrange a lecture

01:01:45--> 01:01:46

by you.

01:01:48--> 01:01:51

And you will never say a single word in that lecture.

01:01:52--> 01:02:06

How they said if you have spoken, and you use all the letters that we just take collect here and put likeliness to create a statement by you. And whoever he is, you say yeah, this is valid.

01:02:08--> 01:02:58

Experts understand. But common people like us, we don't know as well. So this doubt is there. Things could be manipulated and fabricated. That's why we can hold the person accountable of percentage if the analysis says he is the father biologically, but we don't attribute the fact that child and we don't execute you and apply upon him that had the capital punishment. But we're holding responsibility of that child to take care of the child, his education, his tarbiyah throughout his life, there has to be somebody who will do that. And if we get him because the vast majority of the result we get from that is what is the analysis okay? Although it is up to 90% doesn't go to 100. So

01:02:58--> 01:02:59

that's,

01:03:00--> 01:03:06

I mean 1% that remains is doubt is enough to remove the head

01:03:07--> 01:03:08

or the personnel.

01:03:09--> 01:03:24

So Long Island is a very good and interesting discipline that person should understand properly. As I said, Sherry, I recognize it and accept it. So I will stop here in sha Allah. Are we the last edition is enlight Allah

01:03:25--> 01:03:28

Subhana Allah, Allah Allah, Allah Allah