FIQH 4/19

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Isam Rajab

Channel: Isam Rajab

Episode Notes

Episode Transcript

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Salam Alaikum Salaam. Welcome to the class today inshallah we will discuss few issues. In addition to what we can do what we mentioned last week.

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First we will start with what we call here will be, the car means the option

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the option in selling.

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What do we mean by that, we mean that you are given the right of option

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to move on to seal the deal or to cancel it after the transaction is already done.

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The choice during the transaction.

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Now, we mentioned that there are a few transactions which are forbidden. However, the rest of them are halal. So, let's say you are doing a transaction, which is Helen,

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do you have the option to stop it to cancel it or not?

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That's what we will talk about today inshallah.

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The buyer and the seller, they have both the right to cancel a transaction within three days if they agreed on that.

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And this is what we call fear shut

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the conditional

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option of canceling the transaction,

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we are shut.

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Again, let's say

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you wanted to purchase something, a car, let's say a car.

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And you said to the seller, do you give me the choice first I need to try it.

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And if I liked it,

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I will take it. But if I did not like it, I will give it back to you.

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And he agreed.

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That's perfect. That's there is nothing wrong with it. You could take

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this car and try it for three days.

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Sometimes

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the sale happens right after you agree.

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I sell you this I purchased I accepted and that's it.

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We did not say I have the option. If there was no

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choice of option

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during the transaction, then you cannot come back to cancel this transaction. Unless the only exception when there is a deception when there is a defect. That's the only exception.

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Other than that, if the sale happened, then that's it. So again, we have something called clear

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here shut

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are short the conditional option of canceling the transaction.

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When does it happen? When you as a seller or as a buyer agree with the other party when the both buyer and seller agree on it. Now sometimes you agree you say you are a seller.

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And the buyer said I need three days.

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And you said okay you get three days you as a seller, you did not say I want three days also.

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That means you don't have the right he has the right on me to cancel

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the deal.

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But if you both agreed, then you could both have this choice. Now this happens.

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You as a buyer.

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You said I want three days because you looked around you found many products. So you need to find out which one is the best. So you tried this product. First day second day you did not like it you felt you felt that there is a cheaper product with better quality. And you already agreed.

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So there is no problem you come and you tell him this is your product. I don't want it and there is nothing wrong. Sometimes the seller himself, he wants to get back his merchandise.

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Let's say you purchase the house.

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The same thing you could have three days. You tell the seller. I need three days. You need to see the neighborhood. You need to see the weather need to see how the sun comes to which Rome. You have three days. On these three days.

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The market went up, it jumped 20 30%. Now the seller wants to get back his house to resell it again.

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If he also asked for the choice of canceling this transaction

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And then he can do that, because you agreed on it. So we have the buyer and we have the seller, you could both agree on it, or one of you agree on.

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If you agree on it, then you could cancel this transaction anytime,

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up to three days maximum. If you agreed on the choice for three days, then you have three days anytime within these three days. Other than that the transaction is valid. And that's it. It's over. What if you agreed on one day? That's also permissible? Or two days? That's permissible? What if it's four or five days?

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In the Shafi school of thought, No, it is prohibited.

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The AR is only for three days.

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Some scholars said

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you could have the fear, the choice, you could have the choice as long as it is agreed by the buyer and the seller.

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What's the essence or what's the proof that it is permissible to have the choice?

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We have the Hadith in Sahih al Bukhari from the nama on the Allahumma. There was a man his name had been a bit more active,

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or there

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had been a bit more because

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he was an old man.

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And he had an injury in his head.

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So he was not

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mentally 100%. Okay, he had some problems. And they used to cheat on him.

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Because he's all they used to give him that cheat, but he gets something more expensive. He doesn't get what what others get

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with the money that they are buying. So he complained to the messenger sell him that this is what's happening to me. So he told him once you purchase something, either buy out that for cola helaba no deception for three days. Give me the choice for three days. So you take what you purchase for three days. And you check it.

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So that's the evidence the Hadith of the messenger Salaam. Narrated by the nama. It's inside Hello Hari from Habana and monkeys. On the other hand.

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So once you suspect once you even if you don't suspect, but you want to be sure that this product is okay for you. You stipulate you say I want three days.

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Now, can you have the choice in food?

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you purchased cake, or rice cooked rice. And you say I want three days? You cannot fly?

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Yeah, this is this is something you eat.

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It doesn't last, unlike the car, unlike the house

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where it lasts, and you need

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at the time of the messengers are some and the companions.

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They used to do that a lot to have the choice, especially with the horses, just like the cars they want to try the horse does the jump is it fast? So they take it for one day, two days, three days and they give it back whether they liked it or they did not like it.

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Can you have the choice in marriage?

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We will marry for three days if we did not like each other? Because marriage is contract, right?

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Right.

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So there are some transactions that you cannot have the choice. Now some schools of thought.

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They said it depends on the product you are purchasing. So you could go beyond three days. That's the opinion of Mr. Malik Rahim Allah.

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And nowadays, maybe that's how you could say warranty is accepted. Now, if I tell you, if I tell you,

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I trust my product. I did it and I trust it. So I give you a warranty for five years.

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And the Shafi school of thought you don't do that.

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Why I want it, they tell you no. Sometimes even if you want no, because what will happen, everybody will come and say I don't want it.

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So there will be some kind of harm on you. Even if you accept it. So it is for both always the Sherry Alex for both the buyer and the seller. Three days is enough. You tried it, you tested it. And that's it. However, I believe even the Maliki opinion is really strong. They say it depends. Like for the house, it could go as far as one month or even more because maybe in winter, it is excellent but in summer,

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it is different. But again, imagine if you are the owner, and you sold this house, and this transaction is pending for six months.

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You can't do that. Right? So that's why they say three days maximum, because you took the money and now you need to do to deal with this money, you need to purchase something and they come. And they say, That's why the chef has qualified the maximum three days. Hambling school offer they say, it's unlimited. Whatever you agree on, that's fine.

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That's another issue the product is used. That's another issue.

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Because even the usage, even the car, do you know the new car that you get? It is used.

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They test it, they tested the plane, you know, the plane, it flies, I don't know how many 1000s of miles before it's ready to. So everything is like that. But the choice when you take it, there is for three days. So that's what I want you to know. I want you to know that in the Shafi school of thought there is a choice of sending.

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I saw something and I liked it. And I told you, I will purchase this from you, but you give me the option for two days.

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Then if I brought it after two days, and I tell her I don't want it you should not say why or no. You said you will take it since you agreed on the choice from the beginning. If you don't you say no, whether you purchase it or not. Because sometimes you cannot give this choice also. Sometimes there are many people, five, six people, and they all are looking for it and someone came and said

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I want it but maybe I will return it you tell you can tell him No. Because if you said you took it and the rest left, I don't have it anymore and then you return it back I may not be able to resell it.

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So, this is one of the issues that we have the choice of canceling the transaction

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he are shocked

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when you say I want

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I want this

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option. If you did not say it, then the transaction is over. You should not come again and say I want my money back.

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Why? Because the deal is closed, it's sealed.

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Unless he willingly gave it back to you that's fine.

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Because in essence, when you say I agree, I pay I accept that's it.

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The other choice that we have is the choice of defect we are live

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here live means if there is a defect in the product that you are not aware of

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it if the buyer finds a defect in the merchandise then he has the right to cancel the transaction

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you purchased a car

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and that car

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as you purchased it It should be 2006 you found out that it is 2003

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you purchased it as

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full four wheel drive you find out it is two wheel drive.

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Now actually this is not accurate. Now this example forget it this example is about the description is not like but when you find something

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as it was described to you. But there is a hidden defect in it.

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Like the car let's stick to the example of the car, the transmission

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everything looks fine, you use the car, but once you reach 60 miles the transmission does not work properly.

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The car stops

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or is shaky. Now this is a hidden defect because you were unaware of.

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So in this case, you could ask

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for

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the return or you could ask for money because of that defect. Now the car the value of the car is less because of that defect. So you have the option.

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The seller can't say no I already sold you the car. Because there is a defect. you purchased a car on that description. Now this does not match the description. It was described for you. So you cannot oblige me to stick to that car. But you as a buyer, you could take it you say I will take it but you have to pay me this money. I want to fix it.

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This choice we call it three our life choice of the defect.

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If you know about the defect, yet you don't say anything.

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Which means you're pleased with it. You cannot come later on and say I want compensation, or I want to cancel the deal.

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You were able to, and you did not do it. So that's it.

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you purchased a laptop. And the processor was Centrino,

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but you found out it is Celeron. And Celeron does not work as Centrino. And he said, okay, whatever, then after two days, you said, You know what, I don't want it. That's, that's not good. You cannot come and say I want compensation.

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The processor is different than what I was told. Because he knew, and you did not say anything.

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Why is this? Why don't you have the choice afterwards?

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Because again, that will harm

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the seller.

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At the beginning, yes, you were

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unaware of that defect.

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So Islam tells you you have the right when you know about it, but once you you know, and you don't say anything, you by yourself,

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you

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remove that right?

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You dropped that right. So you cannot ask for it again.

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Okay, Is this clear? Now, this is very disputable.

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Or you sold me something with a defect? No, there is no defect. Yes, there is. So we need to define what constitutes a defect.

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Because otherwise, now, especially this happens with us used products. Now the new products, you know, they are new, so everything's okay. And if there is something wrong, it's very clear. But with the used products, what constitutes defect? Because people will come and say,

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Oh, no, that's wrong. That's the definition of defect, any flaw that diminishes the article or its value to a degree, that hinders valid purpose.

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Provided that such an imperfection does not usually exist in similar merchandise.

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These are the two things

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it diminishes the value, and usually it is not in

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other similar merchandise.

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These are the two things.

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I'll give you an example. you purchased a book. What do you expect to see in the book?

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Text papers and text right. Now, what's the main purpose of book?

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Read? Right? So if the text is clear,

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and everything is fine, if you open the book, and after page 260, you found 280.

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How many pages missing? 20 pages is this defect or not?

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Yes, it is. So do you have the right to return it?

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Yes, yes. Now the other thing, you opened the book, everything's okay. On page 281.

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There is

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a black line here, small black line or the paper here is little bit extra. Is this a defect?

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No.

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No.

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So if you come and you say no, I want a refund. The seller has the option to tell you no, that's normal. Because it is normal. Yes. You may say some books do not have it but many books have. This happens when they cut the papers. And it doesn't affect the value of the book. The book is still the same.

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It does not diminish its value.

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Okay. So

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another example.

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You purchase the car Everything is fine, but there is a gas leaking.

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It makes.

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Usually

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it makes 50 miles per gallon.

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But because of the gas leaking, it makes 25 miles

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is this a defect or not?

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Network

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Why

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is this a defect or not? It is a defect.

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So you can return the merchandise or asked for

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money compensation

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because it affects the car. If you tell someone I will sell you the car, but it has gas leaking, would the price be the same?

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Of course not.

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You purchase the car

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now why do you purchase a car?

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The Cow Cow yes

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slaughter it mill cheese, right? But you purchase that cow and that cow did not have a toe?

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Or there is a there is a tooth broken?

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Is this defect?

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online? Are you following up? Because I did not hear anything from the students online? Are they answering with

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nothing?

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Is this defect or not?

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It couldn't be that we have I

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know, no, that's not a defect.

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You don't use it and it doesn't affect now,

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when you purchase a cow, do you count how many teeth it has?

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Yes.

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That's a general Prensky. Can you keep the questions? I thought there is interaction that's not the questions later on you ask later on

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okay. So, cow without a toe

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or a tooth?

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Do you count how many teeth in the cow every time you purchase? No. So, this is not a defect. I hope now this concept is clear. Okay. So, you have the choice if there is a defect

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to cancel the deal or to ask for money.

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Now, we are moving to another type of selling which is Helen selling off selling. We call it by a seller or buyer seller

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selling in advance but actually before that, actually I will give this later on inshallah

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I want to point out some types of selling that are still forbidden.

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The prophet SAW Selim forbade them because of deception. Because I may ask you, how many types of selling because of deception? Can you tell me?

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Can you list some types of selling that are forbidden because of deception? We mentioned

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that the stone selling

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not to sell a stone itself but when you throw a stone and as far as it goes, that's your property or that's what you will get. What else?

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types of selling are forbidden because of deception? The prophet SAW Selim forbade bandages

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they are not just the selling of Niger.

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What do we mean by ninja? ninja? Do you know?

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No, no, not just not just not just not nudges. It's the same word thing but she instead of seen nudge, nudge literally taken from Natasha pyre when you throw something and the bird What? Excited it leaves

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it scared. Now just happens when you increase the price of a product without the intention of purchasing it. That's the meaning of increasing the price of the product without the intention of purchasing. You go

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to auction.

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And that's exactly what it happens many times in the auction. You go to the auction.

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You want to purchase a car $2,000 someone says 2500 he agreed with with the seller. He is increasing the price he doesn't want to purchase it. But you will feel that or it's worth it. So you increase and he keeps increasing. That's

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this is forbidden. Why it is forbidden. It is deception. It is deception.

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latinised as a shoe that's what the messenger saw Selim said a lot has to do a lot about the wallet and a shoe. Do not increase the price

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to cheat but

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Can you increase the price? If you want the product? Of course, I want this product. Can you increase the price over the price that was given by your brother?

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I came to you, you are a seller.

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And I told you, I will pay $10 for this book. Can someone come and say, I will pay you $20 for this book?

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can

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then how the prophet SAW Selim said, Well, I have a ba, ba, ba, ba Ba, there's not one of you sell over each other.

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As long as the deal is not closed, then you can, but once you tell me, I solved it. The third one cannot come and say I will pay you 20. That's forbidden. The same thing with engagement with marriage.

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Someone proposed to a lady to her family. And someone else came. If this family gave an answer to the first one that they are considering his proposal.

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No one can come and say I want also to marry her.

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That's forbidden. But if they rejected Him, then yes.

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So this selling is prohibited selling off

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the if it's question later on,

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what's the comment?

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shield? shield? shield bidding.

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shill bidding.

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Yeah.

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Yeah, yeah, this is forbidden.

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Another type of selling, which is forbidden. The prophet SAW Selim forbade it because of deception.

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While I about how they don't leave that,

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or no, no, well, a Calico rock band tilaka Rock Band

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means meeting meeting the caravans outside the market

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and asking for their product.

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how this happened.

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The lucky rock band.

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You have a caravan or you have a car, a truck filled with fish. And you're going to the fish market.

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On the gate, two people came to you and they told you

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you know what? The market is down today. It is horrible. No one is there and lots of fish. But we will help you we will purchase it from you.

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And they said this because they want your fish

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to make profit out of it. And you say Oh, okay, I will sell it for you.

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Now, legally here and the secular law. That's that's a transaction. You agreed and they agree Islam tells you this is forbidden. It is haram because you deceived the seller. The seller thought that the market is really down. And there is lots of fish while you use them.

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That's what we mean by teleca Rock Band, you wait outside you see people coming with their products and you purchase it with a lesser price

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to make profit, because this will not happen without cheating on them. Because if they went straight, and they saw the market, then they won't give it to you they will sell it with with their price that they expect. So you don't come and say oh they agreed. Islam forbade that. Why? Because there is a deception.

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Deluxe iraq ban. The lucky means meeting receiving waiting for

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the commerce, outsiders who are coming.

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Also the prophet SAW Selim forbade one type of selling call the selling of the resident

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for

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the visitor.

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A visitor comes with merchandise. He doesn't know the market, but you know the market.

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He wants to sell and leave.

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in Arabia, they used to have this type of selling a lot. The Bedouins they don't reside in, in a specific place in in the city. They come they sell and they live they want to live quickly. So the prophet SAW Selim forbade the residents from coming

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to those and taking their merchandise and telling them we will sell it for you. So the resident becomes what?

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Commissioner

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he becomes a commissioner for the bed when

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the prophet SAW sent him for bed. That

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Also why, because it will increase the prices in the market. Now the bedwin he wants to sell his product

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for a price he wants it and he doesn't want to stay for a long time. So most likely he will sell it for cheaper price. Now when you as a resident, you know the market very well, you will cause the price to be increased. You tell him, give me your product and I will sell it for you. The prophet SAW Selim said no. Let people get the provision of Allah subhanaw taala from each other.

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Does that mean commission is haram? No, it's not Haram. But in that case, that's in that description. It is haram

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if people coming from outside, if he asked you, if he said could you serve this for me? Can you do it?

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Yes, you can. But if he did not ask

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you should not do it. You don't go and tell him give me your product and I will sell it for you.

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Now, we will stop at they are selling

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they are selling means buying in advance to describe merchandise.

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You have money, but the product is not there.

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And when the product is there, you will most likely not have the money.

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So in this case, Islam tells you there is a solution they are selling

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what do you do?

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You give the money? Just like you want to purchase a car of 2008

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what is the car they told you? That's the car what's the description? That's the description now you have the money, you give them the money and they tell you we will give you the car in 2008. Is this permissible? Yes. With conditions, what are these conditions? What's the nature of this selling? That's what we will start with inshallah after the break. So I will stop here. And now. As always, I know you have lots of questions about transactions. So you can go ahead and question

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now then we will have a break inshallah. Okay, we'll stop here. Santa Monica.