Kamil Ahmad – 99 Concise and Comprehensive Hadiths – Hadiths 5457

Kamil Ahmad
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AI: Summary ©

The speaker discusses the potential risk of a person being liable for a wrong action due to their malpractice or other profession. They argue that if a person is not skilled in a certain field, it is likely they are liable. The speaker also discusses the importance of proving evidence and the need for a culture of excellence for anyone who is accused of a crime.

AI: Summary ©

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			I'd like to begin by saying that whoever
		
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			treats people as a
		
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			doctor, that he is not told to be
		
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			a doctor.
		
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			He is not taught to understand medicine.
		
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			He is not taught to offer
		
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			a service.
		
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			Because if he does so, he is misbehaving.
		
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			And he is lying.
		
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			And he is cheating the Muslims.
		
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			And so this is the case whether it's
		
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			medicine or any other trade or any other
		
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			profession.
		
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			That's number one.
		
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			Number two, what we learned from this study
		
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			is that such a person, if something goes
		
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			wrong, due to his malpractice, then he is
		
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			liable.
		
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			And he pays money.
		
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			So in the case of medicine, if he
		
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			treats someone and that person ends up dying
		
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			because of him not treating the wrong medicine
		
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			or whatever, then he has to pay for
		
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			that medicine.
		
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			But, in the same way, likewise with regards
		
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			to anything else.
		
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			If, for example, someone, you know, he's not
		
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			a builder, but he builds wells.
		
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			And now, you know, the house collapses or
		
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			whatever happens.
		
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			He is liable.
		
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			He is liable.
		
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			Likewise, with regards to any other profession, any
		
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			other trade, someone who, you know, puts himself
		
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			out there, often in certain cases, is not
		
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			skilled in that profession, then he is liable.
		
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			And this is the case whether he, you
		
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			know, produces certificates or jewels or whatever.
		
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			Either way, he is a liar.
		
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			And he's not skilled.
		
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			He's not skilled in whatever he can deal
		
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			with.
		
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			Then he is liable.
		
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			And the sheikh mentions here that what this
		
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			also proves, what this also means, is the
		
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			opposite.
		
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			The opposite is true.
		
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			That if someone is skilled in a particular
		
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			profession, and then something goes wrong, then he's
		
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			liable.
		
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			Then he is liable.
		
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			It wasn't that he was negative.
		
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			We're not talking about negativities.
		
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			We're talking about where a person, if he's
		
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			not noble, if he's not noble, then how?
		
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			The next argument is that he's a liar.
		
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			This is Tiffany.
		
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			And the argument is disputed.
		
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			The scholar is saying that even if the
		
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			sheikh is wrong about that, the meaning is
		
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			correct.
		
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			The meaning is correct.
		
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			And, you know, if one of the principles
		
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			can help sheikhs.
		
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			I shall read a verse that says, The
		
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			prophet, salallahu alayhi wa sallam, says, The
		
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			prophet, salallahu alayhi wa sallam, says, Avoid,
		
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			avert, the maloom, the misfire punishment from certain
		
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			crimes.
		
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			Avoid them, avert them from the misfires, as
		
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			much as you are able.
		
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			For if there is a way out for
		
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			this person who has been accused of a
		
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			crime, if there is a way out for
		
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			him, then let him go.
		
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			If there is a way out for him.
		
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			If there is a possibility that he's innocent,
		
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			then let him go.
		
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			And then he says, For the imam, the
		
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			leader, the judge, for him to be mistaken,
		
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			he forgives all, and let him go.
		
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			It is better that for him to be
		
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			mistaken in a crime, for the judge to
		
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			make a mistake, and pardon himself, meaning, the
		
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			person was actually wrong, can't be pardoned.
		
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			That is better than making a mistake in
		
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			a crime, meaning, if you apply the punishment
		
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			and you turn out to be innocent, in
		
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			that case.
		
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			Right?
		
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			So the principle that the scholars mention here
		
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			is that they have a famous statement, that
		
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			the functions of Allah for various
		
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			times were not to apply them in cases
		
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			where the evidence is doubtful.
		
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			Where evidence is doubtful, we're not allowed to
		
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			apply the magic.
		
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			We have to have the evidence to prove
		
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			the truth.
		
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			Not only the evidence, but also, it could
		
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			be that the evidence is 100% the
		
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			person didn't commit the crime.
		
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			However, it could be that there could be
		
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			a situation where he should be allowed.
		
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			Like, for example, 50 minutes a year.
		
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			Or, it could be at a time when,
		
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			you know, background, that a lot of people
		
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			didn't have time to do their learnings.
		
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			And, you know, the example of this is,
		
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			in fact, the only one who was allowed
		
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			to go online.
		
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			It was a time when there was a
		
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			drought.
		
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			And so, he did not apply it as
		
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			a rule.
		
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			The punishment was easy for that.
		
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			Because, you know,