FIQH 1/19

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Isam Rajab

Channel: Isam Rajab

Episode Notes

Episode Transcript

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Sir, I want to thank you for joining us in the class. This is the first session of fit for the second semester. And we're starting with the book of financial transactions, or what we call in Arabic kitabi Ma Ma, W.

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Now we have in order to understand exactly what's going on, first we have the a bad that the

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chapter of the rituals, including purification, including prayer, including fasting, zeca and Hajj. Now we're moving to the book of morality, which is financial transactions. And we start we're starting with financial because morality dealing with others.

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It could be financial, it could be other things. So we're starting with the financial transactions are what we call Boo. Boo is plural of base layer is trading or sale. That's why I wrote a book of trade because some interpreters wrote it this way book of trade, or book of sale. Now, I don't know which one is more accurate financial transactions, trade or sale, but all of them are very similar.

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synonymous to the word that we use in Arabic, we will get Abu,

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what is the plural of bear? What is there any financial transaction.

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That's the barrier. Now why, again, just to remind you, again, what why scholars have

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have this order.

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Because they don't put any book in this order haphazardly, they had reason they tell you once you start

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with yourself, you purify yourself, you worship Allah subhanaw taala. This is your relationship between you and the last pantalla then you move to the relationship between you and others. And trade, you need it every day.

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That's why they start with trade because mostly, mostly everyday people are dealing with, with trade with sale, you need to eat.

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And you will make food so you need to purchase food to make or you will purchase ready food. That's why they start with it. After that, they move to the book of marriage, because some people they are unable to get married, but they need to trade every day they deal with trade. Now, other scholars, they put the chapter of Nika in the middle, between a bad debt and marmelade. Why? Because it is a bad nikka and it is a contract at the same time. So it's really important to understand the mentality of the scholars who wrote this, this books are fixed in this order.

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So we're starting with the book of financial transactions, GitHub will be

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the topics that we will cover today in Sharla. First, the types of selling since we are we are talking about financial transactions, selling what are the types of selling

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what's permissible, and what's not permissible to sell.

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And we will discuss the first type of selling that is not permissible, which is interest Riba.

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That's how we will start inshallah, first of all, is it permissible to sell and buy?

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Hello?

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Can you sell?

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Why?

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Of course Why? What's the evidence? What's the evidence?

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Well, hello, Albania and Allah made lawful what

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albia. Now, logic what why, why it is permissible.

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I'm sorry.

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You need to

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some sort of income actually, when you are selling

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you may lose. So you may even even when you buy you are paying money. And do you like to pay money? Or do you like to get money?

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So logically, I mean, when you when you when you come and since I have this thing, and you like it.

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You asked me and I did not give it to you.

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There is no way to get it. What's the other way to get it? buying it. That's why it's really important. These things you may think they are simple, but actually, that's the greatness of Islam.

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It goes with the common sense, because you will find in some religions, some sorts of prohibition in this thing or in that thing in marriage and

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divorce and we will discuss this in Sharla some religions they banned divorce once you are married you're stuck with her or she stuck with you for forever which does not make sense. So when we say divorce is allowed in Islam you say Why? Why it is allowed? There is a reason the same thing with selling if I have something you like and I don't like to give it to you usually people don't like to give things easily there is the other way which is purchasing it that's why Islam allowed selling now one important thing about the I of course this

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is a principle What a hell Allah Allah made lawful a lot made selling lawful or financial transaction lawful and forbid interest What do you learn from this I although it's the same issue but it's very connected to our subject

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What do you learn from the side

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well halala yes

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you sell what you have well that's this could be I mean implied when we discussed the conditions but there is a direct thing and important thing in this is

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your trade should be fair and just why what do you learn this from the

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very interesting you're getting more than you should get? Okay, now we learn that interest is haram. So the unlawful why it's haram we will come to it but it is haram. So your your trade has to be fair. Okay, look what Allah said, well, Allah, Allah, Allah, Allah made lawful, what

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trade what type of trade? That's what I was looking for. Allah did not specify a type of trade that is halal. All types Adebayor all types l it's just like Allah made lawful, all types of beer, well, heroin mareeba. Now he specified a river. So you have everything halal and Riba haram Of course not everything everything, because we will come to know that there are other types are forbidden. But from this if you wanted to compare what is halal is more or less than what is haram?

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What is halal is more, it's not even close. This is a principle. In fact, in transactions if you want to discuss the permissibility or prohibition of a trade, you don't ask, is it halal or haram? You ask? Is it haram? Because in principle, any financial transaction should be halal. Where do we learn this from the ayah Allah made lawful trade or financial transactions or selling? So in order for you to tell me this is haram, you need an evidence. But in order for you to tell me this is halal, you don't need an evidence according to this ayah This is very important.

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So this is a principle that all the types of transactions of trade are halon unless stated otherwise, unless Allah subhanaw taala or his messengers, messengers or Sallam said it is haram.

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What's the definition of sale? Now? We are

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starting with the principles. Now we are saying we are discussing with you there what's the meaning of bail

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lexically or linguistically and islamically in the Islamic Divine Law, What's there?

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What is selling?

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linguistically they from Baa baa IBM obion.

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Usually when you sell, you give something, you hand something and you take something, how do you get it with your mouth or with your hand or with your foot

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with your hand back? Back is is the length of the the arm. So it's it's the type of measurement from that word. The linguistic meaning was derived there.

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Okay, so this is the buyer

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in language, and we don't want to focus on the linguistic meaning, but the definition and Islamic law, what constitutes where you could say this is trade and this is not trade.

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What's the definition of buyer

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because we have buy, we have gift. What's the difference between buyer and gift, selling and gifting? Yes.

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giving something in order to receive something else. Good. That's That's good. So let's try to change the words giving something

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let's say

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Let's say exchanging would that be good? Yes. Commodity Exchange of commodity.

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That's good.

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And we will come to know what is the commodity? Because sometimes if I exchange pork with alcohol islamically that's not bad. Why? Because you cannot sell these things.

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Okay. But it's, since we define the commodity that what is permissible. So we could say, exchange article of property with another article of

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property. That's the buyer.

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Again, in Arabic, they say mubadala to Malin Beeman. The exchange of money with money.

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What constitutes money? Again, another thing? What's the definition of money? You need to know this?

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These definitions are important. What's the definition of money? Fatima?

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Anything uses currency, your glasses? Is it money or not?

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What do you think? What's the definition of money?

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value?

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See, sometimes it's very difficult to define something non.

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In Arabic, money is anything has value could be exchanged.

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That's the money

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could mela hakima

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evaluation could be exchanged. So this remote control is what?

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Its money.

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They spend its money because you could sell it the cash is money. Do not think that money only is the cash. Cash is a form of money, just like gold and silver.

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But you exchange like labs, anything that could be exchanged has value. It is money. If it does not have value, even if it's very huge thing. Is it money.

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Like the water of the ocean? Is this money.

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It could be money it becomes money when when you take it and you sell it. But in general, it's not money, because it's not exchangeable things has value.

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It's a tricky sometimes when you tell people is water money or not? Well, it depends. You purchase water and you have free water also.

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So it depends. Okay, so again, the definition of sale or trade is what

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the exchange of Article of property, what do we mean by Article of property money with another article of property?

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That that's the definition of money of sale, other scholars in other in other methods, they have different meanings. Now when I tell you

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renting, okay, is renting

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a sale or not?

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Or what's the definition of renting?

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It's coming with us later on, but from now we have to start

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distinguishing between Yes.

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Yeah, go ahead. The Crimson you said what you said is correct.

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Yes, in inventing do we exchange two things

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exchanged money, Article of property with what with benefit with not article of property actually, you are not getting the house, but you are getting the use of the house, see, gifting what's the definition of gifting giving something without anticipating something in return, giving something for

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without waiting for the exchange. And it will come with us more accurate but again, now I believe it should be clear for you What's the definition of sale?

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So do not think that sale

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entails money exchange of money. If I give you this book, and I tell you, I give you this book and you give me this phone. Is this exchange is this sale or not? Yes, it is.

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was money involved here cash money. Cash Money, no but money. Yes, this is money because if I sell it I'll get money from. So

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I hope you understand now the definition and the meaning of sale.

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Earlier, they did not have cash money.

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They used gold and even gold sometimes they did not use gold. They used salt. You need salt, and I need this.

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This cloth. So I give you the salt and you give me the cloth that sale.

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Internet Business exchanging articles? Yes.

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Oh yeah, no, that's that's another story. Yeah, I know about the Canadian person who started with paperclip and he ended up with the house.

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Yeah, anyway, these are the types of selling.

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Now, we have many divisions according to the category that we are defining the sale or the financial transaction first

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selling a commodity that is present.

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I tell you, I want to sell this phone or I want to sell

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this book or this laptop or whatever

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this that means you see it? Is this permissible or not?

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Of course it is permissible. That's the first type selling a commodity that is present, this is permissible.

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The second type

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write it down selling a commodity that is described, but not present.

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Can you sell something?

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And the buyer did not see it?

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Yes.

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Can you sell something the buyer did not see it?

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What if I say no.

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It's foolish.

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What?

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like eBay? What about eBay?

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Yes, eBay is like number two, what I what I asked is a broad question. If you say yes, I could tell you, you're wrong. And if you say no, I could tell you it's wrong. It depends when I tell you selling something you did not see. You have to ask me. Was it described or not?

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Okay, if I tell you there is a car.

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The make is

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Porsche.

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The model is

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Carrera, whatever.

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And the color is this.

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And the mileage is that and the condition is so on. So can I sell this or not?

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Yes, I can. Why? Because you know what I'm describing, right? Do you know or you don't know, eBay when they tell you this is wireless

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navigator for PowerPoint?

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These are the features? Can you sell it or not? Yes, you can. Why? Because it is described? Precisely.

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So is this permissible or not?

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It is permissible. However, the fair type selling a commodity that is not present. It's just like the same one No, not present and not described or described differently. Now, let's tell you, I am selling you a Porsche, Carrera silver, the mileage is 50,000 months. And you say I accept I pay you cash $100,000. You go and you find out that this car is not Porsche is Volkswagen.

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And the mileage is 200,000 miles and the color is yellow instead of silver.

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You already paid the money and I told you I sold it. Is this valid? No. So even number two,

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you have to stipulate that according to the description, it was given. Nowadays when you describe something and it's known what it is then the selling is permissible. But number three, if I tell you I am selling something,

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you cannot say yes. What is it? What is this thing? A car, even a car when I tell you a car, don't you know that car you will drive and it is a car Yes, but you don't know which what type what make what model what color what features, so it is not permissible. So from this aspect, present and absent, how many types of selling do we have?

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How many types of selling three, selling a commodity that is present, this is permissible. selling a commodity that is not present, but describe it is permissible if it matched the description, selling a commodity that is not present and not describe it is what

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prohibited? Why why number three is prohibited. Why not? Do you have to know everything

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Even when you purchase this thing, do you know what's inside? Really?

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You don't know. But you know, the functions of this thing. When I tell you a car, yes, you don't know every wire in the car, every feature of the car, but you know exactly what it's going to do. But when you don't know, there is what are what we call as

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cheating, or to be more precise, it's deception. Any type of deception in sale is prohibited. When you sell something, and you deceive people, you cheat, then it is prohibited.

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Islam does not allow you to cheat people does not allow you to deceive them.

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Okay, so now we know according to the presence and absence of a commodity, how many types of selling do we have? Three, what's the ruling of them?

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If it's present, it is permissible. If it's absent, but it's described, and it matched the description that then it is permissible. If it's absent, and it's not described then it is what? prohibited?

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Okay, these are three types of

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selling.

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Now, the conditions of transactions, the financial transactions or the selling, when you sell something, what are the conditions?

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What are the conditions?

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We have five necessary

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conditions?

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Or actually

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pillars, five necessary pillars? corrected five necessary pillars in each transaction? We have five necessary pillars.

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The seller? Can you sell something without the seller?

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There has to be a seller, right? What if I got this and I don't know who it belongs to. That's not selling. It could be

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taking something robbing or whatever, but it's not selling. So this is the first pillar, the third pillar, the second pillar, the buyer there has to be a buyer. Otherwise, there is no transaction here.

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The price

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price, what about free? When I tell you this is free?

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It's a gift?

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Or about zero? Isn't this surprise?

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Or do you think?

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Well, it could be I mean, we don't want to go in a sophisticated argument. But it could be a price or it could be a gift so it's not so it has to have a price. What if I tell you I give you money and you take this

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we're coming to these complications?

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Number four, the article purchase now if there is nothing to exchange, is there any selling? No, there is nothing to exchange.

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And number five, the offer and the acceptance.

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I tell you, I sell you this and you tell me I accept. That's what we mean by offer and acceptance a jab and kaboodle in Arabic we say a jab and couple just like in marriage

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just like in marriage,

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I marry this daughter to you and you say I accept without a job and above all there is no marriage and in selling there is no selling without a job and cabul offer and acceptance. Okay, we will discuss each one of these pillars.

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Now, first of all, both seller and buyer have to have three conditions.

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Okay, three conditions, which means if one of them is not met, then

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the trade is valid or invalid.

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Invalid first reaching puberty

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reaching puberty, watch out. If someone is 10 years old, can he sell or buy?

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Can he sell or buy?

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No Why?

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Why don't we have millionaires in America and they are even 10 years older?

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Why?

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Yes,

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it depends. And chef a school of thought it doesn't depend it's prohibited. Why they tell you if you are minor. Minor means in in religion that you are not adult yet you did not reach the age of puberty. Your actions are incomplete. Your understanding is incomplete. So you may be deceived.

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Who's responsible for you.

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Your guardian beat parent Be it really

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Beat ruler. So in order for you to have a valid transaction, you have to have the approval of

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your parents. And they have actually to do it on your behalf. So again, one of the conditions in the Shafi school of thought reaching the age of puberty,

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other schools of thought and again, I don't want to discuss them, but just to give you an idea, like in math, mammoth Rahim, Allah, they say, this is not the condition like, if you're 10 years old, you don't need the permission to go and purchase gum to purchase a cup of coffee.

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Okay, but in the Shafi school of thought, they tell you, you don't waste your money.

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If you don't reach the age of puberty, your transaction is not valid.

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First reaching the age of puberty, number two sanity

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the insane cannot buy or sell.

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Number three, the consent.

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Can I tell you

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this laptop worth $500? I'll give you $200. And I'll take it and you say no. And I tell you no, no, the transaction is valid and I took the laptop is this called selling?

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Is this called selling?

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No, why did you agree?

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You don't agree.

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You have to agree.

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And this involves many things not only you reject, but maybe you deceived like you thought it is this and you said no I was not pleased with it.

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And there is a choice that's coming with us inshallah, you have a choice after two days or so, you have to agree on the selling both of you the buyer and the seller, their consent is necessary, otherwise the selling is not valid. Is this clear?

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These are three conditions pertain to whom

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the buyer and seller

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next conditions of the article that is sold the commodity the merchandise there are conditions.

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First, how many conditions do we have?

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Three,

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three, the same thing. We said the buyer and the seller they have to have how many conditions? Three, the same thing for the article, the commodity the merchandise, three conditions number one, it has to be ritually pure.

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ritually pure, what do we mean by that?

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Like what can you sell pork?

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No, you cannot. Can you sell alcohol?

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Nothing the Shafi school of thought.

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Why

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is impure

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can you sell?

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What

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what someone difficut?

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No, why it's not pure.

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Can you sell

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impure water?

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Can you sell impure water?

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Can you sell?

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Yeah. impure cloth.

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If it's purified, then you can but if it's by its substance, it is impure, then you cannot

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the Prophet size limits the evidence. Now to be honest with you, I'm not really convinced with this because although there is an authentic hadith the prophet SAW Selim he forbade selling the Mater What's the matter?

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That's not an accurate description definition. The animal that was not slaughtered islamically

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it could be slaughtered but on Islam treats is still Mater.

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So it is not. He forbade it.

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When the prophet SAW Allah mentioned the use, and he said May Allah kill them because they when Allah forbid, forbade the pigs, what did they do?

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They took

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the grease of the the pigs, they melt it and they

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they covered the ships with it. And they said that's not

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meat.

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That's only fat, the fat of the pig. So the fact of the pig is not meat, Allah subhanaw taala forbade the meat

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Or the skin of the pig but the prophet SAW Selim said everything is haram

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because jabber on the alarm on he asked the messenger sighs tell them the meat of the pig is haram but what about its fat?

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If we kindled The fact of the

00:30:21--> 00:30:33

issue is the fact of the big we will have light and it will last he said no it is haram. So scholars said that any impure thing is what? Haram.

00:30:34--> 00:30:41

Now, this is agreed upon by all scholars, but there are exceptions like in madhhab of Malmo Hanif Rahim Allah

00:30:42--> 00:30:44

they tell you that the

00:30:45--> 00:30:50

the Poopoo of the animals is Helen to sell it Why? Because it's beneficial for

00:30:52--> 00:30:56

agriculture and the other schools of thought they say no, why it is impure.

00:30:58--> 00:31:05

Okay, now again, as I told you, that's an issue, but according to the Shafi school of thought, anything ritually impure. Can you sell it?

00:31:06--> 00:31:07

Can you sell it? No.

00:31:09--> 00:31:10

It has to be yes.

00:31:18--> 00:31:21

Well, I'm asking you this question. Can you sell across?

00:31:25--> 00:31:32

Yes, according to these conditions, according to these conditions, you are selling across as a gold or as across.

00:31:34--> 00:31:36

If you're selling it as a gold and you know, you melt it.

00:31:38--> 00:31:53

It's gold. Okay, let's leave the questions. Again. Questions all the questions will be after that's why I give extra time. If you have a question, write it down. Number two, it has to be useful. Why? Why this is a condition it has to be useful.

00:31:54--> 00:31:56

Islam forbids wasting money.

00:31:58--> 00:31:58

Okay.

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

Like what?

00:32:04--> 00:32:05

Like what

00:32:06--> 00:32:09

can you give me an example for something that is useless?

00:32:17--> 00:32:18

Yes.

00:32:21--> 00:32:22

chewing tobacco

00:32:24--> 00:32:25

Why?

00:32:28--> 00:32:31

It's not it has no use. Yes.

00:32:35--> 00:32:36

Arts Like what?

00:32:42--> 00:32:49

things for decorating the house? It depends, actually. But I'll give you a clearer example. Like

00:32:50--> 00:32:51

eyelashes.

00:32:52--> 00:32:54

Okay, I sell you five eyelashes.

00:32:56--> 00:32:59

Why? That's it. They are small and there is no use.

00:33:01--> 00:33:02

Can you buy this?

00:33:04--> 00:33:04

Why?

00:33:08--> 00:33:10

I don't care what if they sell it or not?

00:33:12--> 00:33:16

I'll ask you one question. more clear. cockroaches.

00:33:19--> 00:33:20

Scott scorpions.

00:33:22--> 00:33:23

Yeah, why?

00:33:27--> 00:33:31

You can take the venom right? So it doesn't have any use.

00:33:34--> 00:33:36

Then, okay, bugs.

00:33:39--> 00:33:40

mugs, food.

00:33:41--> 00:33:47

Put chocolate on it. Okay, I'll give you crickets. I'll bring you some crickets.

00:33:51--> 00:33:57

Okay, hamdulillah now it's clear. If it's useful, then you can sell it if it's not useful.

00:33:58--> 00:33:59

You don't sell it.

00:34:00--> 00:34:06

Even if someone came and said, No, no, no, I want to buy it. It's useless. You don't sell it

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

or you cannot purchase it.

00:34:11--> 00:34:14

Number three, it has to be the property of the seller.

00:34:16--> 00:34:21

The purchase this laptop. It's very nice, but it's not mine. You know, can I sell it?

00:34:22--> 00:34:32

I cannot. The article has to be the property of the seller. Why? Hadith came in his an apostle and told him do not sell what you don't own.

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

Do not sell what you don't own.

00:34:36--> 00:34:59

Yes, the owner gives you permission. That's another issue like the Commission on online sites where there is a third party. You go and you think this is his but it's not really his. There is consent here there is permission so it's different. But in general, can I tell you how about this laptop? It's nice but it's not mine. And I sell sell it for you for $500

00:35:00--> 00:35:07

Can I do that? No, it's not mine. Can I tell you I sell you 10 sharks from the ocean?

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

How about that?

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

Can I tell you that?

00:35:15--> 00:35:26

I don't own them, I don't even have them. Now, this is again this is something added actually they sell they tell you there is a fourth condition you have to be able to deliver the commodity

00:35:27--> 00:35:28

can I sell you the moon?

00:35:29--> 00:35:32

I sell you the moon, can I hand you the moon or bring it three

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

stars?

00:35:37--> 00:35:40

I'm not talking about those thoughts about the moon itself.

00:35:41--> 00:35:47

Okay. So, is it clear now there are things that there are conditions in the commodity.

00:35:48--> 00:35:52

First, it has to be ritually pure, has to be useful.

00:35:54--> 00:36:01

So there is a reason why you are selling it, why you are purchasing it. And it has to be yours. Not someone else's.

00:36:02--> 00:36:14

You could deliver it now fish is it useful? Yes, it is. It's nice. You could eat it. But it's in the sea. You know what I sell you 1010 fish from the ocean.

00:36:19--> 00:36:20

Okay.

00:36:21--> 00:36:26

It's not permissible to sell an impure article or useless one, as we said if it's

00:36:27--> 00:36:32

or undeliverable, if I cannot deliver it to you, then

00:36:34--> 00:36:38

I cannot sell it. But what if I cannot deliver it? But you can take it?

00:36:42--> 00:36:50

Yes, scholars say you can in this case, because it's just like delivered, I cannot deliver it to you, but you could take it. So,

00:36:52--> 00:36:53

eventually you got it.

00:37:00--> 00:37:07

In the Shafi school of thought the transaction is not valid, unless there is a spoken agreement.

00:37:08--> 00:37:09

We both agree

00:37:13--> 00:37:15

what we call a job and kaboodle

00:37:22--> 00:37:26

there is a famous type of selling in Arabic calls by Martha

00:37:27--> 00:37:34

Martha from Yachty give the giving seven What do you mean by that? I give you the

00:37:35--> 00:37:42

the commodity the merchandise and you give me what the money now did we exchange approval?

00:37:46--> 00:37:55

Did we say I sell you this and you give me and you said I accept or I give you the money? No. According to the Shafi school of thought, is this permissible?

00:37:57--> 00:37:57

not permissible.

00:37:59--> 00:38:02

And according to this, all the selling online is what

00:38:04--> 00:38:06

there is no approval.

00:38:07--> 00:38:14

According to this, if you go to the store, and you find the price tag on any merchandise $10 you take it

00:38:15--> 00:38:17

and you give him $10

00:38:19--> 00:38:34

and you leave. According to the Shafi school of thought, is this permissible? No. That's what we call Bal Mata. All scholars agreed on it, but Imam Shafi Allah said no, why again, there is suspicion that there might be deception.

00:38:36--> 00:39:12

What if the seller thought you are taking something else? Now they tell you like when when there is a price tag, this is just like I'm telling you, I sell you this for $10. Once you give me the $10 you are telling me I accept and I agree and I give you $10 so there is no need for exchange and the shop is called fourth No, actually, if you remember now, Rama law, he said it is permissible. If you want to apply this strict rule, most of the types of transactions nowadays are prohibited. I just want you to know that in the Shafi school of thought by Al Motta, the giving selling or what we call the exchangeable selling without

00:39:13--> 00:39:19

verbal agreement. Is this permissible? No Shafi school of thought no.

00:39:20--> 00:39:30

But do you believe it's permissible or not? It should be permissible because this consent should does not have to be approved.

00:39:31--> 00:39:33

By verbal What if someone

00:39:34--> 00:39:35

does not speak?

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

Now he can why they tell for him.

00:39:43--> 00:39:46

What he gives is just like what he says or what he

00:39:47--> 00:39:49

points with his hand what he

00:39:51--> 00:39:58

when he has motion that means he agrees or whatever. Actually, they say the blind man cannot sell or buy

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

Why

00:40:02--> 00:40:05

there is suspicion that he may be deceived.

00:40:07--> 00:40:08

He doesn't see.

00:40:10--> 00:40:24

So, all of these things you have to take in context, at the time of the messengers, as soon as they told you now, we are starting with real fix means you have to apply the rules on the incidents at the time of the messenger asylum.

00:40:26--> 00:41:05

There were no like each specific incident that this is permissible and this is not permissible. Scholars try to derive the rulings from the main the guidelines, the principles, that's why this is where real when they tell you we need an evidence, the evidence does not mean only Ayah from the Quran or Hadith from the sooner it could be a yes, it could be an analogy, it could be many things. So, according to the Shafi school of thought they tell you we have a guideline, that deception is prohibited. So any type of selling involves deception kind of it is prohibited and in by Al Motta, we don't know there has to be

00:41:06--> 00:41:09

verbal approval, offer and

00:41:10--> 00:41:13

acceptance, just just like in marriage,

00:41:15--> 00:41:32

in marriage, they say the silence of the woman is just like her approval, especially if she did not marry before, but the the husband he has to offer and to say I want to marry you or I accept. So, they tell you the same thing.

00:41:36--> 00:41:44

So, again, this is my alma mater, giving the seller the price and taking the merchandise without speaking, this is in the shaft a school of thought

00:41:46--> 00:41:52

this is not permissible, clear example, like if you have a stack of papers,

00:41:53--> 00:41:55

and we know how much is the paper

00:41:56--> 00:42:05

dollar 50 or half dollar and you know, this is the coin, where you put the money and you take it according to the Shafi school of thought is this permissible?

00:42:08--> 00:42:08

No,

00:42:10--> 00:42:11

there has to be

00:42:12--> 00:42:22

verbal approval, offer and acceptance. So, again, if we apply this, I mean many transactions

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

are prohibited. Now, in principle again as I told you, in principle, this has to be applied in principle, but when we have alternative it should be also accepted.

00:42:36--> 00:42:48

Because many times I may not, but I did not mean yes. So, or I may not say anything, how do we agree? Remember the condition of the buyer and seller? their consent is

00:42:50--> 00:43:10

is a condition I did not get it. Maybe you were just ashamed, you did not like it islamically you should not do that. You should not take something I don't like to give, so we don't know. So there is a valid reason why they said it's prohibited but again, I believe what the majority of scholars said is correct. Now we only learning what the matter but

00:43:13--> 00:43:19

so now we are moving to an important issue which is the interest

00:43:21--> 00:43:21

or Riba?

00:43:23--> 00:43:25

What's the definition of interest?

00:43:28--> 00:43:31

linguistically? lexically. What's the interest?

00:43:33--> 00:43:37

Allah says woma Ottoman rebel near boffi. emmalee. Nice fella. airborn de la.

00:43:39--> 00:43:46

Omar it means a cat into redoing our lava lake mobifone this is in Surah Tarun what's the definition of interest

00:43:47--> 00:43:48

in language?

00:43:49--> 00:43:50

Yes.

00:43:55--> 00:43:58

No, no, no language linguistically. It doesn't involve any money.

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

What What was the process?

00:44:03--> 00:44:13

increment exactly? The interest Riba in language means increment. That's why in Arabic, we say Rebecca. Rebecca is like Hill,

00:44:14--> 00:44:31

like Hill why it's called rubber. It's higher. It's increased in inland. That's why it's called rubber. And again, the idea I quoted when I updated my ribbon and whatever you give of interest to grow layer was to increase family nest.

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

By the money of the people. It doesn't increase in the sight of Allah Fela, Juan de la. But whatever account you give, then those are the ones who double their money. So that's linguistic meaning.

00:44:45--> 00:44:47

increment. Riba means increment.

00:44:48--> 00:44:49

Okay.

00:44:50--> 00:44:52

That's the linguistic meaning of Riba.

00:44:53--> 00:44:56

What about in religion? What's the definition of Riba?

00:45:04--> 00:45:04

Yes,

00:45:11--> 00:45:15

that's, that's when I trade commodity for commodity. That's what that's selling.

00:45:17--> 00:45:19

Yeah, the same commodity.

00:45:21--> 00:45:23

I give you 100 grams of gold.

00:45:25--> 00:45:28

And you give me other 100 grams of gold. That's not

00:45:30--> 00:45:32

that's what you said same commodity.

00:45:33--> 00:45:34

Okay.

00:45:37--> 00:45:37

Yes.

00:45:41--> 00:45:51

Partial definition Go ahead. Exchange exchange of commodity commodity in which the price in which the price is not, is not

00:45:52--> 00:45:54

is not static is not static,

00:45:56--> 00:45:58

keep changing, it's keep changing.

00:46:01--> 00:46:09

That's good, good attempt but keep changing itself is not accurate because what if it's not increment? Its decrement? Is it interest?

00:46:14--> 00:46:15

Do you have a definition?

00:46:24--> 00:46:35

Well, when you exchange commodity and the price increases, what if I take a loan? I did not exchange any commodity but it's still River. When I take a loan and I pay it with increased increment.

00:46:37--> 00:46:44

I actually definition of Riba is very difficult, very difficult. And it actually it's different

00:46:45--> 00:46:56

from from a method to another method. And in the Shafi school of thought itself, they tried to include all the types and it came with a very difficult definition, look at the definition.

00:47:03--> 00:47:06

And agreement for a specific Recompense.

00:47:07--> 00:47:17

Who's the Queen equivalence to the merchandise is unknown. Okay, understand this before you write it, I'll give you time to write it understand this. When I give you

00:47:20--> 00:47:24

commodity, and in exchange, you take something

00:47:26--> 00:47:32

but the equivalence of what I gave is unknown is unknown what according to Islam?

00:47:34--> 00:47:54

Because when you say 30%, that's known, but not according to Islam, that's not considered according to Islam. Okay, you understand an agreement for a specific recompense, whose equivalence to the merchandise is unknown, according to Islam, according to the standards of the Islamic law at the time of the transaction,

00:47:55--> 00:47:58

okay, why we stipulate this because maybe later on

00:47:59--> 00:48:02

like in the installment selling it is permissible.

00:48:04--> 00:48:16

Okay, at the time of the transaction, or in which the exchange of the two properties transacted is delayed to include the loan or one of them is delayed to include

00:48:18--> 00:48:25

the surf or what we call the exchange itself when I when I change money, and I tell you, this is $10

00:48:26--> 00:48:29

one paper and you give me $8.

00:48:30--> 00:48:36

Paper, sometimes machines do that, you know, the machine when you put coins like

00:48:37--> 00:48:39

pennies, and it gives you pay per dollar.

00:48:41--> 00:48:45

For each 102 cents, it gives you $1 or whatever, that's Riba.

00:48:46--> 00:48:48

Why, because it's not the equivalent.

00:48:49--> 00:49:06

So that's the definition of Riba. I know it's difficult, but you need to memorize it. And we will talk about it now. for the whole week. Our issue is revamp, we will talk about it. So write it down now. Try to memorize it. And as I told you,

00:49:08--> 00:49:18

in Arabic, you could simplify it, you say mokaba to Malin. There was an Irish era, the exchange of money with an unlawful equivalence.

00:49:20--> 00:49:22

That's permissible. That's that's the definition of freedom.

00:49:25--> 00:49:26

If you can simplify it, go ahead.

00:49:31--> 00:49:42

Why it's difficult because we have more than one type of Riba and that's coming inshallah. Next, we have more type of Riba. So to include all of them in one definition, that's why it's really a little bit difficult.

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

Now

00:49:54--> 00:49:56

is rebar good is interest. Good.

00:50:01--> 00:50:03

prohibited. Why?

00:50:04--> 00:50:05

Why it's haram?

00:50:10--> 00:50:12

Islam forbids interest

00:50:15--> 00:50:15

Yes or no?

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

Why?

00:50:19--> 00:50:21

Or what's the evidence? Islam forbids interest?

00:50:25--> 00:50:27

Well, there are Yes.

00:50:33--> 00:50:35

She says it's not fair why it's not fair.

00:50:38--> 00:50:39

I'm just why

00:50:41--> 00:50:41

do you think?

00:50:47--> 00:50:48

What do you think?

00:50:52--> 00:50:52

Yes.

00:50:56--> 00:51:02

It makes the rich richer and the poor poorer. Yes. Many times that's the case. But

00:51:04--> 00:51:07

on the society as a whole, it's very, very destructive.

00:51:09--> 00:51:10

Now, let me ask you this.

00:51:13--> 00:51:24

You take from me $100. And I charge you interest how much 150 let's say or 120? Why? Why I charge you 20% extra?

00:51:29--> 00:51:32

Exactly. I anticipate that what you are going to do,

00:51:34--> 00:51:39

you are going to get money. Right? What if you did not get the money?

00:51:41--> 00:51:42

You still pay but what happened here?

00:51:44--> 00:51:46

You lost? What if you made more money?

00:51:50--> 00:51:51

In in,

00:51:52--> 00:52:08

in the society, why we have inflation, why we have poverty? Why it's all days majorly because of interest. interest, there are recent studies detailed about horrible consequences because of interest. Yes.

00:52:13--> 00:52:37

Yes, but that's not the case. Always you pay more for something that is less. Many times that that's the case, like the bank, many people they are happy or they give you they give me 5% fixed rate, I'm not doing anything I put the money. Well, Islam does not want you to do this. Islam does not want you to get money for nothing. Islam wants you to work, you are getting 5% but the bank what is doing the bank with your money.

00:52:39--> 00:52:45

The bank does not invest. That's the other thing the bank gives it in the lawn again to another person for a higher rate.

00:52:46--> 00:52:55

It may be you, you give this bank your money savings and they give you 3% you take a loan from another bank with 20% interest

00:52:57--> 00:53:01

or they give it another so they made 20% and how much they give you

00:53:03--> 00:53:04

3%

00:53:06--> 00:53:13

that's only one example. And again, there are many horrible things involved interest

00:53:14--> 00:53:20

and with this inshallah, we will stop here. And now I will give the floor if there is any question. You had a question procedure.

00:53:24--> 00:53:24

Or you forgot.

00:53:32--> 00:53:42

Of course. I mean, we're coming to this. We will apply the rules in our recent situation, like mortgage, we're coming to it. Yes.

00:53:49--> 00:53:51

Yeah, if someone is saying Can he buy food?

00:53:52--> 00:53:55

I mean, he is not living alone. He has to have someone.

00:53:57--> 00:54:00

Yeah, so he cannot I mean, he cannot in general, he cannot.

00:54:01--> 00:54:02

Yes.

00:54:09--> 00:54:16

What do you mean by ritual pro because if we say pure, linguistically pure is something clean.

00:54:17--> 00:54:31

It's good to have grace, but Greece is not ritually impure. So it could be solved. people consider it impure. But in Islam, alcohol, people like it, but it is impure and Islam. Can you sell it?

00:54:32--> 00:54:44

No, there are other evidences that alcohol is forbidden, but from this aspect, is it pure or impure as long as it's impure? islamically. It's prohibited. If you break one of these rules,

00:54:45--> 00:54:46

you cannot

00:54:48--> 00:54:49

Yeah, you're doing you see

00:54:51--> 00:54:53

the transaction is invalid.

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

You're not doing that sin if unless you're doing it on purpose, you know, it is haram. Yeah.

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

I'm not

00:55:08--> 00:55:33

That's the linguistic meaning from where? Because usually when you sell, what do you do, you extend your hand, that that's the bar when you extend your hand. That's the type of measurement the arm. So, because you, you extend your hand to give money or something and he extends his hand. So from that, meaning the word derived, they are online.

00:55:38--> 00:55:44

Repeat the point about useless articles. selling something that is useless is prohibited. That's it.

00:55:46--> 00:55:51

Don't let me make it homework. Give me examples of there are many examples.

00:55:56--> 00:56:01

You mentioned something about property not being the

00:56:03--> 00:56:06

property of the seller. The property of the seller? Yes.

00:56:08--> 00:56:12

Yeah, all schools of thought you cannot sell something you don't own.

00:56:14--> 00:56:15

seller has permission.

00:56:17--> 00:56:23

Yeah. Permission getting permission from the owner of the property to sell. This is coming.

00:56:24--> 00:56:26

Okay. Yes. Last question.

00:56:27--> 00:56:28

The transaction

00:56:29--> 00:56:31

broken agreement. Yeah.

00:56:37--> 00:56:49

What is the deception? Maybe it's not for that the price tag was not for this. You did not get my approval. Maybe I did not. I was busy. You gave the money and

00:56:50--> 00:56:55

I did not say anything. If I saw it, I would say no. So there is a possibility that there is no approval.

00:56:57--> 00:57:02

You have to have it. You have to be granted disapproval verbally. Okay, one more question.

00:57:06--> 00:57:09

How many minutes remaining? Two minutes. Hurry up.

00:57:11--> 00:57:13

I told you this is a long session, so

00:57:15--> 00:57:31

we bet more cabela to follow Malin Harlan and aventura or mocha Bella to Malin delay I wasn't sure I that's one of the definitions. It's incomplete but it's it should be sufficient for blue marlin Harlan and Robin Shara or maka Bella to Malin

00:57:34--> 00:57:35

Be ready I wasn't sure I

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

okay.

00:57:43--> 00:57:49

With this we will end our session inshallah and we will have the break Salaam Alaikum