Kamil Ahmad – 99 Concise and Comprehensive Hadiths – Hadiths 5457
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 ©
I'd like to begin by saying that whoever
treats people as a
doctor, that he is not told to be
a doctor.
He is not taught to understand medicine.
He is not taught to offer
a service.
Because if he does so, he is misbehaving.
And he is lying.
And he is cheating the Muslims.
And so this is the case whether it's
medicine or any other trade or any other
profession.
That's number one.
Number two, what we learned from this study
is that such a person, if something goes
wrong, due to his malpractice, then he is
liable.
And he pays money.
So in the case of medicine, if he
treats someone and that person ends up dying
because of him not treating the wrong medicine
or whatever, then he has to pay for
that medicine.
But, in the same way, likewise with regards
to anything else.
If, for example, someone, you know, he's not
a builder, but he builds wells.
And now, you know, the house collapses or
whatever happens.
He is liable.
He is liable.
Likewise, with regards to any other profession, any
other trade, someone who, you know, puts himself
out there, often in certain cases, is not
skilled in that profession, then he is liable.
And this is the case whether he, you
know, produces certificates or jewels or whatever.
Either way, he is a liar.
And he's not skilled.
He's not skilled in whatever he can deal
with.
Then he is liable.
And the sheikh mentions here that what this
also proves, what this also means, is the
opposite.
The opposite is true.
That if someone is skilled in a particular
profession, and then something goes wrong, then he's
liable.
Then he is liable.
It wasn't that he was negative.
We're not talking about negativities.
We're talking about where a person, if he's
not noble, if he's not noble, then how?
The next argument is that he's a liar.
This is Tiffany.
And the argument is disputed.
The scholar is saying that even if the
sheikh is wrong about that, the meaning is
correct.
The meaning is correct.
And, you know, if one of the principles
can help sheikhs.
I shall read a verse that says, The
prophet, salallahu alayhi wa sallam, says, The
prophet, salallahu alayhi wa sallam, says, Avoid,
avert, the maloom, the misfire punishment from certain
crimes.
Avoid them, avert them from the misfires, as
much as you are able.
For if there is a way out for
this person who has been accused of a
crime, if there is a way out for
him, then let him go.
If there is a way out for him.
If there is a possibility that he's innocent,
then let him go.
And then he says, For the imam, the
leader, the judge, for him to be mistaken,
he forgives all, and let him go.
It is better that for him to be
mistaken in a crime, for the judge to
make a mistake, and pardon himself, meaning, the
person was actually wrong, can't be pardoned.
That is better than making a mistake in
a crime, meaning, if you apply the punishment
and you turn out to be innocent, in
that case.
Right?
So the principle that the scholars mention here
is that they have a famous statement, that
the functions of Allah for various
times were not to apply them in cases
where the evidence is doubtful.
Where evidence is doubtful, we're not allowed to
apply the magic.
We have to have the evidence to prove
the truth.
Not only the evidence, but also, it could
be that the evidence is 100% the
person didn't commit the crime.
However, it could be that there could be
a situation where he should be allowed.
Like, for example, 50 minutes a year.
Or, it could be at a time when,
you know, background, that a lot of people
didn't have time to do their learnings.
And, you know, the example of this is,
in fact, the only one who was allowed
to go online.
It was a time when there was a
drought.
And so, he did not apply it as
a rule.
The punishment was easy for that.
Because, you know,