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FIQH 7/19

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Isam Rajab

Channel: Isam Rajab

Episode Notes

Episode Transcript

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


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smart man, I'm hungry now Santa Santa Monica, Santa Monica, Santa Monica. Santa Monica Boulevard. Catherine, welcome to the class. Today inshallah, we will continue with the transactions. And we mentioned few of them yesterday. Today we're continuing with another thing, which is related to the buyer and the seller as well, which is the deposits.

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What they're what we call an Arabic with the

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deposits, plural of deposit, what they are.

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What do you mean by a deposit?

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Or what's the

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what how it happens?

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An article of property is saved with someone

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is deposited

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with someone who was trustworthy.

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If you have something valuable,

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do you deposit this thing with someone who's not trustworthy? Why?

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Because you may not get it anymore, right.

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Nowadays, people deposit all their valuables where

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and the bank

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why

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the bank is supposed to be trustworthy, you cannot, bank cannot steal the money or deny that it was there.

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So, that's what we will talk about deposits.

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It is forbidden for someone and now you are with us or

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to accept a deposit if he cannot protect it.

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Now someone came to you, and he told you, I have $10,000 that I want to keep with you

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for six months.

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And you know, you cannot take this money with you. You are traveling or you are leaving. So you have to leave it and you don't know who will be there. And it is a great risk. Do you tell him? Yes, keep it

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Why? Why not?

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What's the evidence that for someone who's unable to keep this article of property this money? He cannot accept it?

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Why?

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Yes.

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I'm embarrassed not to say no.

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Why it is not it is forbidden.

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Because you know, you are causing this person to lose his money for nothing. Allah says Well, attacco manakamana Campbell batter.

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You're destroying your brother's property for nothing.

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So it is forbidden.

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You are causing him to lose his money.

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You cannot do that.

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What if

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someone entrusted you with $10,000

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he knows that you have a safe inside the house. And your house is also well protected. You have alarm system.

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So you saved his money in that safe.

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But one week later, someone broke in and they were able to break that safe to take the money.

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And the man came six months later asking for his $10,000.

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Who pays him?

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Who pays in Cali?

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Yes.

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You have to pay him. The one who saved the money.

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I gave you 10,000 now you're telling me I have nothing for you.

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I came with 10,000 I'm living with nothing.

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The insurance? We're not talking about insurance.

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He did not insure that money you gave it to him.

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Who's liable?

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Nobody saw the money is lost.

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Yes. Why?

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Because he did his best right what what did you What do you ask him? What do you expect from him more? He cannot do more than that. He has alarm system. He has a safe and he protected it as usual but it was lost.

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You know if we say that he is liable. No one will accept a deposit from anyone.

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And everyone will try to put his money with someone else. Because that's a guarantee that your money will be there. Even if it was lost, he has to get you another money. So again, what is justice?

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If he did his best then is not liable.

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What if

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he did not protect it?

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As it is supposed to be? You told him These are $10,000. So he opened the door of his house, and he put it next to the window. And he did not even lock the door.

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is like I did not steal it. He did not take it. Someone came in and took it there is a thief.

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Exactly. He was supposed to protect it. That's what I expect from him and he did not do it. In this case was liable.

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The one who was interested?

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How you will be able to know? Well, it depends. There is no fine line, but it depends on the situation. It depends on the time.

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When do we know they they give the example usually as if it was your own property. You keep your money next to the window.

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or in another case, someone came to you with iPod. He knows that you have lots of iPads you know how to store them. So he gave you his iPod very expensive. The last one because he was traveling for 20 days. And he wanted it back after 20 days. He came after 20 days. And you told him you know what? I had six iPads but no one is stolen except yours.

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Except yours, how it was taken on yours. Now this could be possible. But they say in that case, also he should be liable. Why only yours was taken not any of his.

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So that's that suspicion that

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he should be liable.

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What if someone

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gave you $5,000

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as a mana deposit, and when he came to

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to take it back, you said you gave me only $4,000

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whose word

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the one

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who deposited and the one who received? They disputed?

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It could happen right?

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You say I gave you 5000 and the man said that's what I gave me 4000

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was what is

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they went and they swore everybody said he said 5000 and that 4000

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person who gave

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you I gave you 10,000

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where are they give it to me?

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Give me 10,000

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I gave you 10,000

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Exactly.

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Exactly.

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Who's what is the word of the trusted person?

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Otherwise he's not trustworthy, right? Because he's trustworthy. But again if you have any evidence if you give him the money and you say please just sign sign me this paper that I gave you then you have an evidence that this is the money you give. If not then it says work.

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Otherwise, I will come please give me I gave you money.

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Give it to me back.

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Is this clear?

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Okay.

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What about the opposite now? The borrowed items. Now you did not deposit anything. You took something?

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You came and you saw Mashallah, that's really nice car you're driving? Can I borrow it for one day, please?

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I want to go and show off with this car.

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So he gave it to you.

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You're waiting for him at the evening. Then hours later,

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and he came

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but he told you the car had an accident.

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What do you do?

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Hello,

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what they do?

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You're gonna break his neck.

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So he never

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Well, again, you know him he, his wise man, he drives safely. He just like to drive your car. And it was not his fault. Someone jumped from the other side and he

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crashed your car?

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Yes.

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is responsible? He did not do anything wrong.

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That's the risk of driving.

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Well, he did not speed over limit.

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The one who took the car

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the borrower

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who says that Alia The one who gives the car?

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Well, that means please give me

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give me anything you have. I will wreck it and then I'll bring it back. And

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but he did not do anything wrong.

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It is in his possession? I don't care. I gave it to you sound perfect. You bring it the same way.

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You agree?

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Yes, that's the correct opinion. That's what happens.

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You came to me and you asked for my car

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which means that you are responsible for anything happens to it

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even if you did not do anything wrong,

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even if this car was left with me, and there may be something wrong will happen.

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I don't care you took the car.

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And by taking the car

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you are implying that you are responsible for anything happens to it, whether it was your fault or it was not your fault.

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Now, what items Can we borrow? Can I borrow food? Can I borrow from you a sandwich

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I cannot what items can can borrow the item then can be benefited from now can I benefit from the food or not? I can but

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it has to be to last it has to last after using it

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has to remain after using it after benefiting from it. Now the car I used it, does it vanish disappear or it's still the same it is their pen Can I borrow your pen I can I write and I give it back.

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So these are the items that could be borrowed there are two conditions.

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So if the borrower or the item was destroyed, then the borrower is liable. And he has to pay its value or give back the similar thing.

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After the accident, the value of the car became 4000. before the accident, it was 10,000 it has to give you 6000 or he has to fix the car for you.

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Even though he did nothing wrong, he was driving carefully. He was driving as he supposed to and it was the other man's fault. It is still his responsibility. The same car

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was destroyed or something wrong happened to it by just using it.

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Like what? Like you gave him the key.

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He turned on the car. And

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there was a noise and it did not turn on.

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The engine never came on.

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Or I told you I like this phone. I want to borrow it.

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So you gave it to me. I dialed the numbers.

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Once I dialed the numbers, the phone is not working. Now with you it was working.

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Is there a difference between this scenario and the previous one?

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The car accident?

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Yes. Totally. Why?

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Okay.

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You're not. You're not able to make use. No, I made use. Let's say I called.

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I called and I talked and it was okay and then I closed it. I gave it to you now you opened it

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you

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dial the numbers, it's not working anymore.

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You said What did you do? I said nothing. I did nothing I just called.

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Yes.

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So

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it's a natural not malfunction.

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But the same thing there it is from Allah subhanaw taala. I was driving.

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It doesn't fulfill the first condition. Yeah it fulfill, can I benefit from the phone or not? I can.

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Well, scholars say, if the item was destroyed by only the usage of it for what it was

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made for, like the phone, why it is meant

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to call right? By only calling, something won't happen, then you are not liable. Why? Because when I lend you this item, I am giving you the permission to use it for dialing.

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So by dialing it was destroyed, then you are not responsible. Because you already gave the permission. The same thing with the car. Let's say the car now it's not destroyed by an accident. You just turn it on. You put on the D and it's not working.

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You don't come in the evening and say it was not working. That's what happened. I took the car but it is not working. You don't say I don't care. I gave you the car working. Now. It's not working. It's not my fault. No, there is a difference in this case and the accident, because you use the borrowed item in what you are given permission to do.

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Now, the previous scenario, I did not tell you even if there is an accident, it's okay. uncovered. That's totally different.

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You see the difference?

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Okay. So this is in regards to the borrowed items.

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The next thing is

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user patient, or what we call hustle.

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What is awesome.

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What is awesome.

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Taking others properties or other articles of properties, unlawfully?

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unlawfully?

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Isn't that stealing?

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Isn't stealing taking other properties unlawfully?

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It is so what's the difference between awesome and stealing?

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Yes.

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You're talking about the hustle.

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That's usually

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by using the force.

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Yeah, openly, openly available. But when you still do tell the people I'm going to steal. Even if you do that in the morning, you can seal or you do something to hide yourself.

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But there are some happens when you take something openly

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use the power.

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Is this permissible?

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I like that fun. I'll take it

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you know I can because I can do it. You cannot stop me Why not?

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You see a weak person with lots of money child and you take the money?

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Because you can you are using your power. Allah gave you this power?

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Yes.

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Do you mean

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is this your money?

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Can you take your money unlawfully?

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Yeah, yeah, that's another issue. It's, yeah, it's not. It's not considered the gospel. Because again, it's you said it's your money, right? This is others.

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It's clear.

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It is a major sin actually. It is a major sin.

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To do that.

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Allah says Allah

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koulamallah cabana comm will battle. At least the thief is trying to conceal himself.

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He knows that he's doing something wrong. But this man he is doing it open, he doesn't care. Go, you go to the judge you go to wherever you are. If you are a man, you can do something you cannot. I took it. That is awesome.

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If you know that this item was taken forcefully from another person, and it doesn't belong to the seller, can you buy it from him?

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Why?

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I don't care. I'm not the one who stole it or I'm not one.

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So it is haram. Why? Why?

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Well, if you know it's not his, then you cannot purchase it because we said the buying means exchanging Yeah, exchanging others properties. It's not his it's someone else property.

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Can you sell something you don't own? Again, you cannot. So that's why you cannot purchase something that was not owned by the seller.

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Someone stole

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a car.

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He drove it

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for 10 months.

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And after 10 months, that car lost $3,000 of its value.

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Because it's 10 months, right?

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Then this man, he listened to one quote where he feared the loss or something changed. And he said I will. I will return this car. It's not mine. He wanted to repent. So he brought back the car. We tell him Thank you Zack Allah here.

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And he lives what about the depreciation?

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The $3,000.

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But even if it was with me, it will lose $3,000 of the value. Yes.

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Oh, that's good. I that's a good answer.

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Yeah, you could not enjoy this these 10 months.

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What if it was the opposite, you you took the property of someone else a house and the prices jumped decreased by 25% you took the house that is worth $80,000 and now it is almost $100,000

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fine. Now, we have two cases one case I did not do anything I just used the house and now

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it is $20,000 more. So, I repented I said you know what I have to return it Listen, I took the house but it was $80,000 now it is $20,000 I am pleased I will settle for 10,000 give me 10,000

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because if you solve this you are getting extra $10,000.

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And he did nothing but the price jumped higher if we can increase the price increase What do you think?

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So he would have 20 either ways.

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But I am still able to keep the house.

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But I want to give it back.

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What do you think?

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Yes.

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There might be some difference Why?

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You don't give the game because you took only the house. So you give you give back only what you took

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okay, but if there is loss, you give back the loss.

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Let me ask you this, someone stole 10 sheep.

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He fed them and he cared for them and he got out of them 15

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so now he has to

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15 sheep. And he said, he went back. He said, You know what? I'm afraid. Allah will punish me. So I took from you 10 take then I will take five.

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Why?

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The same thing here? It wasn't his again. Yes, father.

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Helene, what's the difference between that one and this one?

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What's the difference?

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What do you think, ladies?

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Maybe not. He doesn't know. He doesn't know how to care for them. I am I am expert.

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Yeah.

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What do you say?

00:25:55--> 00:26:14

He pays the loss and the face again, what a quick change. That's the correct opinion. The prophet SAW Selim says lay seller development how you don't take anything. If you lost, you pay the loss. If you gain you return the gain, you don't take anything. Because you are in the first place, you are transgressor. You transgress the limits.

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So you don't take anything whether it was gain or loss. Otherwise, you know, what would people do? They would take the money, they would make some of it and they will send the money. I'm sorry, I

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you don't take anything.

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You're liable for the loss, and you give back any profit that was made.

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So this is awesome.

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Now, we're moving to another thing, which is rent.

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lease.

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What's the definition of friend?

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Or first remind me? What's the definition of sale?

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sale, trade, selling?

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Just value?

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Where did you get this in appropriate addition to the definition?

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Just value.

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I want 10 times more than its market value.

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Is this just or unjust?

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So while you mentioned then this,

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but at least you mentioned something I'm pretty sure people forgot now. What's the definition of

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selling? Yes.

00:28:04--> 00:28:14

Yeah, but what is it? What's the definition? Again, the exchange article of poverty with another article of property. So what's the rent then?

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If that's said what's the rent? Yes.

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Borrowing

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with payment involved? No. Yes.

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Because when you borrow something you have to pay.

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But he said you borrow and you pay. Sometimes you don't borrow anything? Yes.

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The exchange of the use of a commodity with value

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or with money.

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What if I did not exchange the use?

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I did not use it anything.

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Yes.

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For time, well,

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the exchange of services or benefits of an article with money

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Obeidallah to men and women, however what dreams are said this could be also accepted. The US

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it is accepted.

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Can you rent something?

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Why renting is allowed.

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Very good.

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If we say renting is is not allowed, we all we cannot cannot really see how Islam is so hon Allah. That's the religion of Allah subhanaw taala because again, you want something and people

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

Won't give it for free. So you purchase it. You cannot purchase it. You don't have enough money. You rent it.

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What that what items? Can you rent? Can you rent a cup of coffee?

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Why?

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Can you rent the sandwich?

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What do you rent? Again, the same thing urine things that can be benefited from and blast after the usage?

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Yeah, you can drink the cup but not the coffee.

00:30:52--> 00:30:53

Now,

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if I agree with you,

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on six months,

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that's the term of the rent.

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But

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I died four months. And there are two more months. Can you come and take back the property?

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The payment was made in advance for six months. You come and you say, here are the two month's payment, and I want my property back.

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Depends on the relatives. They don't want to give it back. They are using it.

00:31:39--> 00:31:40

No, why?

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Yes. So this app is obligatory, we say it is obligatory once you agree.

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Unless you both agree on this term.

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The same thing with buying and selling. Now if I bought something from you and I gave you the money

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can you come later on and say I changed my mind. I want my product back and this is your money? Can you do that?

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If I don't agree, can you do it? No. I have to agree the same thing with the rent.

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

Now you rent me something. I asked for this laptop. I like it. So I asked. I asked you to rent it to me for $200 for one week. And you agreed I paid you $200 I took the laptop.

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Now when I took the laptop, what was the agreement?

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I am using it. It is the benefits that I'm looking for it.

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Someone came and saw that laptop and said can you rent it? Can I rent it from you for $300?

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Can I rent it to him?

00:32:57--> 00:32:59

No. Why?

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It's not my property.

00:33:06--> 00:33:07

Yeah.

00:33:08--> 00:33:09

Yeah.

00:33:10--> 00:33:11

Yeah.

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But that's right. Yeah.

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So I cannot unless I tell the owner

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What if he gave it only to you not to others?

00:33:39--> 00:33:42

Well, I'm sorry to tell you you're wrong.

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You give it to me. I now can use it the way I want. That's the meaning of the rent.

00:33:55--> 00:34:02

You gave it to me because I am a trustworthy you mentioned this. You say you don't rent it to anyone else. Now there is a condition.

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If there is no condition like that, I'm free.

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I can rent it.

00:34:14--> 00:34:19

When do we do I pay the rent? in advance or after I use the property?

00:34:23--> 00:34:24

in advance I pay for what?

00:34:27--> 00:34:30

I did not use it yet. What you are charging me for the

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future. Why future one once I use it I paid the money

00:34:38--> 00:34:39

when they pay the rent

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so it is up to the owner.

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The owner went to the judge

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The the tenant also went there and they disputed

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the owner said, we agreed on the rent at the beginning of the month.

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And the tenant said no we agreed at the end of the month. What does the judge do?

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The default when do you pay the rent?

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

At the beginning you did not use it here.

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

Well in by default it is at the beginning.

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At the beginning,

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unless you both agree on another term.

00:35:45--> 00:35:46

Okay, gifts.

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The head of the Habu

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When was the last time you give your wife a gift?

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Mashallah, that's good. That's why she's keeping you angry. So she gets gifts.

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What's the definition of gift?

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

Don't look

00:36:15--> 00:36:16

given.

00:36:24--> 00:36:26

That's the definition of gift.

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giving an article of property without

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anything in return. You don't expect money for that.

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

For that thing you give

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or in Arabic, it's more accurate because they say to me qu

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

I in in Bella.

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Because here I did not find a better word now. Don't you really expect something in return?

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from Allah but from your wife while you give her a gift?

00:37:07--> 00:37:10

You want her to listen to you?

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What's the difference between the gift and the bride?

00:37:23--> 00:37:25

Do you really not expect anything back?

00:37:28--> 00:37:29

How why you give a gift then?

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

That's not anything.

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

Yeah, that's my point. It's not a commodity. It's not like money.

00:37:43--> 00:37:46

So it should be mentioned, but I did not find a good way to mention it.

00:37:48--> 00:37:55

I'm trying to find a better definition. But even in Arabic, they said we will amicable but the more accurate will I want

00:37:56--> 00:38:08

without value in return? Because of course you give your life gift. And you keep reminding her for an entire week. Come on. Didn't you remember what I gave you? Because you're expecting something? It's not gift anymore.

00:38:10--> 00:38:11

So that's the gift

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we'll stop hearing