FIQH 5/19

Isam Rajab

Channel: Isam Rajab

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smartkarma hamdulillah salatu salam ala rasulillah Allah, Allah subhanaw taala said I want to call into law. Welcome to the class.

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inshallah, we'll start today with the

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book or with the silent transaction.

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This is one type of selling.

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And it is different because it is an exception. In principle, this type of transaction should be forbidden, however it was allowed. And it is called beta as selling or selling in advance.

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In simple terms, you could say buying in advance as described merchandise.

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That's a simple definition for best selling,

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buying in advance

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and describe merchandise.

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This means

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you put the money in advance

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for something that is not present yet.

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And later, you get the commodity or the thing that you paid your money for.

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Because usually, you pay for something and you get it

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or many times you get something and you pay the money in payments or directly or later. But here you are paying the money and the thing is coming later.

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So this is what we call buyer seller.

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In this type of transactions,

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we have seven conditions, seven necessary conditions in order for this transaction to be valid.

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Otherwise, if one of them is missing, then whether it is not sellable or it is not valid.

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The first one, the merchandise has to be described in a way that removes any delusion.

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What do we mean by that?

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Or let's go back a little bit why you pay something in advance? Or why you pay money in advance for something is not there yet.

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Yes.

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You want to reserve it because maybe when it when it comes it will go you will not be able to have it. What else?

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No, actually the internet selling is different. Because the internet. The commodity is there. Here.

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It is described it's not there yet.

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Yeah.

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Even the house

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like you started paying, or they are starting building it. But here it's not there yet. It could happen in the house. Yeah, it could happen. Like they told you in this place, there will be a house. So you already paid the money.

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Yeah, this is an example. Yeah, sometimes it is custom made.

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If you want it, you have to pay for it. Otherwise, I want to make it

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sometimes you pay in advance to save some money. Because once it's there, the price will go up

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or you have the money now. But when what you need will be there, you won't have the money you will spend it. So there are many reasons for that type of selling. Okay. There are many reasons.

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Now the first condition again, this merchandise has to be described in a way that removes any delusion. Let's say you hear about a nice car will be manufactured two years later. And they started taking names from now reservations.

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You wanted to buy this car

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is it enough to say

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2007 car

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why you specified it is a car and you specified the make it is

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2007 the year?

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Yes.

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The make

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and the model

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Yeah, all specifications. Why? Why it's not sufficient to say it's car

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What if it's two seats and you need four seats? What if it was more than what you paid for?

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Again, you need to remove any

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chance of disputes. Because that's the purpose of selling. You want to remove any dispute, any argument, any deception. So you describe the merchandise in a way that removes any delusion. That's the first condition. Again, why we say you describe? Because if it was there, if the merchandise was there, is it selling,

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it's not selling anymore. That's why they say sell them, you give them money. And you take later, something that was not there.

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Number two, the merchandise is absent at the time of the transaction.

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Again, if the merchandise is there, just like the example Fatima gave online, it's that selam that's not selling

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numbers, three, the merchandise, not be generally subject to unavailability.

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What do you mean by that?

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This is another condition. Now, let's say you agreed on something. That's what you want to purchase.

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And you described it.

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But there is no way that it will be available on the time you agreed on.

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Is this valid?

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Is this valid?

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Yeah, you paid. But I know I am the seller. And I know

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the time we agreed on two years, it's not enough.

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It's not valid. Why?

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Yeah.

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And we wrote two years. But I know within two years, it will not be ready.

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So it's, it's not valid. Okay, that's why we say generally, what if we agreed on two years, and in general, it's ready in 16 months.

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But what if within two years, it was not there?

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There was some sort of something wrong happened.

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It is still valid. Why? Because you did your best. And this thing, what happened is not general or not usual.

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In any type of selling, isn't there a chance that there is something goes wrong?

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That's why they have insurance. That's why they have all these things. So here, but if from the beginning, you know that it's not available, or it won't be available, then it's not valid. Why? Because it's deception. You are deceiving me you're taking my money you're promising me and you know, that it will not be there at that time. But if it's generally will be there yet, even if it was not there, that's fine. You tried and this could happen.

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Okay, so this is number three, is it clear?

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Number four,

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the price to be received.

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When the agreement is made?

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Can you

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tell me I will pay you after two months.

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And you will get me the thing after two months.

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Yeah, but you did not pay the price and you did not receive anything.

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At the

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time of delivery

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payment

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at the time of the sale.

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If the price changes

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that's not valid.

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This is called bail. Kelly will curl it up later. And I give you later that's not valid.

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No, it's not the same.

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I made a payment.

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We wrote the contract on what?

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I will pay you for what? For this thing. Okay. Why don't you pay me now? I'll pay you later. Then why don't you wait later.

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Pay me now. Pay me now.

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Again, here, there is also a chance of a lot of deception.

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So, we agree on something, you pay it.

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Or you wait until it is there, you pay the money and you take it directly, then it is not selling.

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But the price has to be received.

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Again, always, the Sharia looks to both parties. Now, maybe this is better for the seller, because he needs the money he wants to make what you agreed on, or he wants to use it?

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Or maybe it is better for you. Sometimes it's better for the buyer, how

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if the price went up,

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right, so it could be for both.

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Number five, the merchandise is within the ability of the seller to deliver.

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Now this is similar to which condition

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to number three. Usually, it's not subject to unavailability. But what's the difference?

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Now, let's say

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within two years, it will be there. But guess what, I have no way to deliver it to you, or you have no way to get it.

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Like I, I made something, but I know legally, this is forbidden to be done. And once the government knew they will take it, they will seize it.

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Is that valid? Or

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we agreed on something? And I told you go and take it from the ocean? Where I don't know it's in the ocean. Or it's in the moon. It's your problem.

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You have to be able to deliver it. Why? Because what's the purpose of selling?

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If I want to be able I paid money for what just for paying money or to get something in return?

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And if like a few cannot deliver it,

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then I paid my money for nothing.

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Okay, so this is number five, is it clear?

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Number six, the location of the delivery is mentioned. Now sometimes as a seller, I tell you, the price does not include delivery. I make it you come and take it. Is that okay?

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Is that permissible?

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Yeah, if it's but if it's not specified, why it's it makes the contract invalid.

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Because again, this is

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deception.

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Sometimes the delivery costs half the price of the merchandise itself.

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Sometimes it costs a lot, who will pay it? I will I will come and take it or you will deliver it. The location has to be specified.

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Of course in things that

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needs to be located transferable things.

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Last one, the merchandise both should be known by description.

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What's the difference between this one and number one

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to number seven and number one.

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Now number one says

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to be described in a way that removes any delusion number seven.

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The merchandise bought should be known by description.

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Yes.

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Uh huh.

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Yeah, what you're trying to say that's correct. First one is more specific, this is general.

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Number one, what you are describing removes any delusion, but what is it?

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What type of selling that can be valid as selling? The type of selling that could be specified by description?

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Like cars, you could think of many things that could be described by specified by description. If you can't distinguish it, then it is not valid. Again, the same reason why where did they come up with this condition? From the principle that you cannot sell something with delusion

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with any sort of deception

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so it should be known by description.

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These are the seven conditions. Where did we come up with these conditions? Some of them are stated clearly in the Hadith of the messenger Salah, the rest.

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They made the analogy that they are similar to, because again the Sharia is based on rulings on principles. And you make the analogy afterwards the chaos.

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This is the essence of the selling of selling the permissibility of selling of Sodom this hadith. This is in both Sahil Bukhari and Muslim narrated in our best for the alarm on Hama. The Prophet sallallahu alayhi wa sallam came to Medina,

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they were paying one and two years in advance for fruits.

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So he said, Those who paid in advance must do so for a specified measurement and wait for a specified time.

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Okay, let's take an example.

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I have 10 palm trees.

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Okay.

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And you have the money.

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You said I will pay you

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$5,000

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for the harvest of these 10 palm trees for two years.

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Is this valid or not?

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Have you

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know why?

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Maybe

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next year,

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maybe this year, I will get something next year.

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Good. This type of selling is forbidden. Because there is deception. Maybe

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it was too cold. And there was nothing.

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The palm trees did not carry anything, any dates. So you paid for what?

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For nothing. And I took your money for what? For nothing?

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Or maybe it carried

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10 times more than the average.

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So what's the solution here?

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specify the amount. Now if I want to specify the amount, then what's the advantage of paying in advance?

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Maybe cheaper rate? Maybe I as I'm three honor as a farmer.

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I need the money. Now. Once the dates are there, everybody will pay me.

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So mutual advantage for me and for you. You have the money now. You want to reserve

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the price is cheaper now. When you tell me I am paying 200 pounds

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of this. Is that valid?

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What makes it valid and what makes the previous one invalid? invalid.

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This happy man slf officiate for looseleaf fee kailyn Malou wasn't in maloom illa. Jelly maloom. That's why the point what that's what the prophet SAW Selim said. Now the last thing for a specified time sometimes I know

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it is a car. Two cars

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when they will be ready.

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It's not mentioned

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depends on the market. Maybe after three years, maybe after two months. Is this valid?

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Yes or no?

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Why?

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Time is not specified. So what but I could tell you maximum three years.

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Again, there is deception here.

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There is harm on me. I don't know. I paid my money for what I need to know. So it has to be specified time that's what the messenger science lm said.

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Okay. Is this type of selling clear?

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They are selling?

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Yes. You had a question?

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Yeah.

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No, no, no, that's different. Look, you bought a book. Did you pay the money?

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The merchandise was there

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it is.

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What takes it so long?

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The delivery

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that's not seldom when it becomes selam when you make an order for a book that will be printed,

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or that will be compiled and then printed and then delivered,

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that will be solemn.

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And let's say

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that's the case, okay, two, three weeks. They specify to you, they tell you if you want it to be shipped in one week, that's the price, two weeks, that's the price. So you pay and you know when it will be shipped.

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There's nothing wrong with it.

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Actually, even if they delete they pay you

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some money back.

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Can we leave the questions

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suspension of financial disposal

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I could not find a better translation.

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It means hajer in Arabic, one word, Hagit.

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Had you hedging means preventing someone from

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making any financial transaction with his own money?

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If you find any better translation, please tell me

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There are six types of people

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who cannot dispose of their property

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or their article of property? Money.

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six types of people

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okay.

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The first time the child

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what's the definition of child in Islam?

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Yeah, the one who did not reach the reach the age of puberty,

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can the child on something

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can he or Can

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he can?

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Can he sell something

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or buy something?

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know he can be deceived.

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Why then he can on what he cannot sell or buy.

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Through inheritance, not only inheritance, if I can I give a child I love him, I give him Yeah, I can. But who deals with the child's money, who takes care of it?

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The Guardian or the parent or they are responsible. So the child himself he cannot

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take any action or make any transaction with his own money.

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The second type

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of people, the insane, the crazy person. Again, why

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they could be deceived. So the first two types,

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they are prevented from dealing with their own money for their own sake or for the sake of other people.

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for their own sake, to defend them. Look, Islam tells you even if you want you cannot

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because you think you know but you may not know.

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So you don't do these are the first two types.

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The third type

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the spendthrift

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The one who wastes money.

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Was the spendthrift in Islam.

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Woman

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thank you for your honesty.

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Oh my god, no, I'm in trouble now.

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It's very subjective actually. Because sometimes some people may spend $50 and they are considered wasting their money and sometimes they may spend $500,000 and it's totally fine.

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That's why

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it goes back to the judge or the Muslim ruler

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who can determine if this person is wasting his money or not.

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That's the spendthrift but in general, the one who spends his money

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unreasonably.

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That's the spendthrift

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Number four,

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the bankrupt

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if someone was bankrupt,

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can he make transactions with his money?

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What?

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Doesn't he not have money? Well, the bankrupt is the one who does not have money. But he said he's bankrupt and we found there is lots of money with him.

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Can he makes any transaction

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why he is bankrupt at the first place? When he is bankrupt?

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Sometimes people have nothing and they are not bankrupt Why?

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bankruptcy occurs when people

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when you owe people money and you are not paying them,

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they need their money. So you're bankrupt.

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So, you still have money or you may not have anything, if you have money, can you

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make any transaction? No, the bankrupt

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he is unable.

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Why? Because there are rights for others

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have to

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Yes, and then he is not bankrupt anymore. So nobody cares.

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Number five, number five, the fifth person the sick on his deathbed.

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Or the one who has dangerous sickness that expected to die from this sickness.

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Even if he did not die.

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There are some people

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they have serious diseases but

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they are still alive.

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This type of people

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can they

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do any transaction with their money?

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Because of the illness?

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Yeah, if if you were told tomorrow you will die. What would you do?

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spend all the money.

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You maybe donate all the money. Isn't that good?

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Yes.

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Because you're only allowed to give one third of charity. So I am sick.

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Doctor said you may die within a month.

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Can I donate all my money? Can I donate one third?

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Number Five might be just like number two or number three? What do you mean?

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is sick?

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judgment is off. No, it's not off.

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If someone has cancer, is there any worse cancer but isn't he conscious?

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Yes, he is.

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Yes, actually Islam again here it is for the sake of other people not for the sake of this sick person himself. Because you may be told that tomorrow you will die and you spend all your money. Now you do not spend it actually you you donated all your money for charity.

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Isn't that good? charity? Islam tells you No. Not now.

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It's too late. Now, you can give one third because you cannot harm the IRS the people who will inherit from you.

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And again there are evidences side or the law when he was sick and he thought he will die. Rafa Salim came visiting him and he told him on messenger of Allah, I have only one doctor, shouldn't I give all my money in charity process and told him no, don't give it. Then he said half my money. Again. The Prophet said no. He said one third and one third is too much.

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So that's what's permissible only one third. So if you're sick,

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the judge will prevent you from doing anything with your money, but one third.

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Again, why for the sake of other people.

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Number six, the sixth type of people this leave

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If there is a slave

00:30:06--> 00:30:07

he's unable

00:30:08--> 00:30:11

to make transactions Why yes

00:30:14--> 00:30:15

he might take it for his own

00:30:19--> 00:30:21

What if he was honest he was very good slave

00:30:25--> 00:30:26

he still has to obey the master

00:30:28--> 00:30:29

if he did the transaction

00:30:30--> 00:30:38

the slave himself is owned by the master so he himself he doesn't have a full

00:30:39--> 00:30:40

entity

00:30:41--> 00:30:49

but when Can he deal or make transactions when he is given the permission by his master

00:30:50--> 00:30:56

or if his master told him These are 20 dinars and these are yours he gave him some kind of

00:30:57--> 00:31:03

property and freedom to do then with within this money he's able Other than that, he cannot

00:31:05--> 00:31:19

so this is the sixth type of people the slave why because again, he's on by his master if we tell him Yes, he may take the money of his master and he may waste it or or he may take it for his own advantage.

00:31:21--> 00:31:25

So these are six types of people. They are suspended

00:31:27--> 00:31:35

of financial disposal. Do you understand now what do we mean by suspension? Is there any better word it's one word in Arabic hedger.

00:31:43--> 00:31:48

Okay, now now it is okay. We'll stop here inshallah. Is there any question? Yes.

00:31:55--> 00:31:57

Yeah, the first and the seventh point

00:32:01--> 00:32:03

I said number seven.

00:32:05--> 00:32:06

What do you want to purchase

00:32:08--> 00:32:09

it has to be

00:32:11--> 00:32:14

from the types of merchandise that is described

00:32:16--> 00:32:17

but number one

00:32:19--> 00:32:21

the description removes the delusion

00:32:23--> 00:32:31

so let's say it is cars. Now we know this fits in number seven, because it is cars so the cars How can we identify cars

00:32:33--> 00:32:38

by description, these are cars, but what types of cars that goes to number one

00:32:40--> 00:32:46

the make the model and this and that. As I said number seven is general number one is more specific.

00:32:47--> 00:32:48

I hope it's clear now.

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

Go ahead.

00:32:56--> 00:33:07

Yeah, the child cannot use their money but some scholars said unless it is very trivial like buying GM or some scholars that said that

00:33:08--> 00:33:15

they are exempt these things can can they can purchase or sell not other than that.

00:33:17--> 00:33:18

What about the bankrupt?

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

Yeah.

00:33:34--> 00:33:39

Oh, yeah. necessities, for sure. They can actually we're coming to the bankrupt.

00:33:40--> 00:33:46

Yeah, unfortunately, we don't have much of time to discuss it, but there will be it will be discussed the bankrupt

00:33:48--> 00:33:54

because bankruptcy again even nowadays it happens. So we want to see how what's the difference between what's going on now and

00:33:55--> 00:33:56

in Islam

00:33:57--> 00:33:58

and other questions?