Channel: Karim Abuzaid
Series: Karim Abuzaid - Fiqh Of Business
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In 100, Allah Muhammad who want to stay in
one hour we'll let him fusina amen Surya Molina
Maria de la
COVID la la
Why don't you have little fella Deanna
why Chateau La ilaha illallah wa de veau luxury car
wash had one now Mohammed Abu masala
we continue today with Peter wood nor the flip
of business transactions
and we started this with our card with the pillars
for a business deal
anybody remember what are the pillars for a business deal?
We explain that.
What are the three pillars for a business contract?
eviction as yet the law
Okay, no, we should say
no, don't mix the conditions with the pillars.
There are three pillars for a business contract to be brought together.
I'm talking about remember we spent even some time explaining what is the difference between a pillar and a condition and all that stuff.
Obama abdelkarim for Ebola
failed what is McAfee for everybody?
Number one, Al Motta Aki Dini. The two participants,
the seller and the buyer.
pillar number two, the commodity and the price as seller. We're Theremin What are you selling? What the buyer is selling? is buying what the seller is selling what is the price
see that will act
lower Lee in the format of the contract
Jani what makes this a contract there took I'm selling to you like this These days click
you click like you go on online
and they show you something and you look at it and you check it out. The price is so and so.
Now see that a lot. Click
the the format of initiating the sale is Click
Save Attila Adam aka mega colada mahakam
by another questions.
What are the conditions
for a valid business transaction?
There are six conditions.
Raise your hand
It must be permissible that's number five. Mashallah. Still good. So that's one.
The eligibility of the participants they must be eligible to sell and buy that is true.
malware that goes with the eligibility
is not open. No test here. You're reading from somewhere I can tell.
Okay, let's go ahead. We'll take this one from you. Go ahead.
Yes, malkia You must own it. That is number four.
Now, a power of attorney. Yes. And number five
Yeah, yeah, we said that number five.
mentioned the must be Helen yes
excellent. Are you reading from somewhere?
No Mashallah you that's good It must be dispelled you must be able to deliver it
fiap this mark the seller we need to be careful with that lien if you go to a car dealer for example
and he doesn't have the car in the lot
he's not able to deliver it now but we know for a fact that he can deliver it. So the issue is fiac this mark the seller and he has an asylum that that person will deliver because that's his business. Okay, number six and the last
excellent that's good. Laura.
No Johanna accent abdulkareem
is there the absence of the high level of risk in the deal?
You cannot Okay, I have this pool of water I have fish inside how much
of course if the water is on you could see the fish that's fine and you could see that's fine but
the in the federal law and this is actually our subject of today. I will explain this inshallah.
Then after that,
you want to add another condition there were six of them.
Oh, you got five only
nausea Halla meaning
antiviral, Johanna? Yeah, risk high. It's called high high level of uncertainty
or speculations. That's another word, it cannot be a speculative kind of product it has to be identified.
Then we, we mentioned that we went into something called the forbidden business transactions.
The Forbidden business transaction and what was number one on the list and we chose it in particular
had a limit to the loan begin with it yet.
And we discussed the first of them which is a Riba.
We discussed the first type of forbidding business transactions in Islam, which is usually found in the head that we did this because Allah subhana wa tada Phil Pura Jana Jani, he made Riba in front of a buyer. What a hell of love will be
olho turati. We spoke about the consequences of dealing in river land. We'll have a modal chameleon willing to sorry, it's now we are Annie Belvoir, among me. It's a disaster scanner, thing that you cannot even
get rid of. When Nabi sallallahu alayhi wa sallam Dhaka time will come
if a person doesn't deal in usery, the dust of the fuse that he will get to him.
And we spoke about usury in three lectures almost.
Today, inshallah, we want to talk about another type of forbidden business transaction. And you will notice that we're really addressing the condition of the business contract and that is why we we reviewed this this morning. Anytime you lack one of these conditions, you end up with an invalid
business transaction. Now,
they the business transaction, which is unlawful for us to deal with, it's called belly roll horror.
They Bay Elvira ihlara. business transaction
fee. Let's see what else Amanda katavi Rahim Allah said regarding Alvaro
modified this McCallum had,
what else will hora de
la hora. Let's just deal with the word in Arabic.
Laura is something that you're not aware of something that you don't know of
wahaca Anka Belkin who was
and there are things about the commodity that you do not know.
What could you buy in and any business transaction of the tie?
Is not permissible in Islam.
Like selling the fish in the middle of a soccer field, man.
What are you Phil? How are your selling birds in the flying? Well Lulu filbur pearls in the sea
our Jamal and Sherry that your camel ran away you cannot find it.
Listen, I sell you my camel $400 will go on after it.
There is a lot
It is possible that he doesn't catch this scam.
While while I do feel about the overall behemoth while it will be human, your Will you have a cow or a camel that is pregnant now
and you say okay you buy
you buy it from me.
You don't know if it is the cup.
You don't know if it is a male unless you're gonna do some
do you call this free for the libido? silent shuffle. Naka go look inside the womb and see if it is male or female healthy or not. What can I hope for cooler?
All of this is lmm and now we are Rahim Allah says Linden Hadith novella Rafi Muslim.
Halima now is the one who explained so Halima Muslim, your pool what Amana you and Bay l Harare for Hua Aslan are the moon Minh also Li kita will boo Lima because under it comes a lot of types of business transactions that are unlawful.
Let me know we again says as for valuable for that the business transactions where there is a high level of risk or high level of uncertainty or speculations. It is a great tie in the book of business transaction because under it will come a lot of
yonny ideas a lot of business transactions
in howdy fi Bay Alvaro
Hadith Abu hurayrah Allah Viola one like I mentioned fish oil a Muslim, Naha Rasulullah he sallallahu alayhi wa sallam on bei La la la sala banned us from a lower business transaction fee the Eco rebel
will all these forbidden business transactions why we will be banned from doing it?
Why? What is the wisdom? like we mentioned before?
Once it comes to dealings in Islam or MLM you can ask why.
Why why rebels?
Why is haram you could do this actually.
There is a reason why. Why this type of business transaction is haram in Islam. I'm asking you
boom accent number one, the top of the line whoo whoo. Allah had a profile
We are an
AB Shashi for Reba.
And I will look
at shushing the most awful thing regarding usury is injustice.
Why Benny Adam sucks the blood of another person
utilizing he has he has disparate desperate need. Mahal Libya claimed a facially valid
why someone who uses it
utilizes the situation and he sucks the blood of another person that our boom let's use let's deal with an error or somebody. Imagine, okay, I'm having a box and this window inside that box there are clues.
Listen, I want to sell you that box with the clothes inside it for $200
it is dedicated to a
high level of risk. high level of uncertainty right here.
How much $200 Give me the $200 you take the box, then you take the box you find it What?
I'm sure they'll have some underwear do something.
reason number two, you want to say Reason number two.
state of perpetual debt. Right which is that goes under being injured. Under injustice. Yes.
will lie. This is the top of the life
brings in justice. I'm sorry, brings animosity.
Yes, our religion cares so much about us being together.
If somebody cheats you in a deal, you'll never forget him. You know it. Man, this guy when you meet him even in the house of Allah
shaitan doesn't make you forget this one at all.
shaitan will never make you forget this one.
V lab Strv.
He, he sold to me a car
MakerBot has done a
very, very cool man was Shanna falesia
Nabi sallallahu, alayhi salam, Sara Taylor had a look. And he was passing by the market. And he saw somebody selling I believe corn or corn grain and then the top looking good. So he put his hand underneath, and it was wet.
Fair, he said to him, why don't you put this on the top. And then he said man Hashanah filet mignon. If you cheat, you're not of us, for a shareholder, the important thing here that these types of unjust, unfair, or forbidden business transactions, it brings animosity and hate amongst the members of the Muslim community. And this is something that Islam avoids now.
Yeah, yeah. But it's still if you have a condition, they're in the business contract.
Like there is some shop jersey, which has permissible that if you bring it back, you're gonna have to pay so much money or
we're not talking about selling and buying some apples, he was talking about big stuff.
Sometimes the seller in order to guarantee that he is done with that merchandise, he places what we call
a condition that if you bring it back,
you're gonna pay so much money as soon as
restocking fees or something like that. So it's still gonna and why are you bringing it back? Even that will bring what animosity even that will bring animosity when you buy something from me. And this guy is, look, he bought it and then he brings it back. It's Yeah, but if will, and that is why I encourage the brothers when you deal with one another. Go buy the book, go buy the Sharia, and the Phil, Phil, Phil glad when I went back. Why didn't I was buying something from somebody. For I told them, please, let's see if there was some money owed. Then I said, Okay, let's try the contract and
you sign how much you owe. Then he said, Well, you don't trust me. He made it an issue.
You don't trust me? No, it's not about that.
We need to avoid problems in our communities with one another
We need to follow the law This is the law This is like the law imagine this is the Sharia This is the Islamic law to deal with one another A lot of us we get in trouble with one another because we do not implement not because we don't want to but some of us don't know it. Some of us feel like it's not important, but if you do it it avoids it helps you to avoid a lot of future
conflicts and animosity between the both of you and and this is important
now you see the in order for us to solve and here we're living in America and in the West and we want to establish Islam here we want to live Islam here.
We have to have our internal initiatives once it comes to Riba usury once it comes to insurances once it comes to all of this and for us to do this, it must be done collectively.
One person unless he received the sum billion or trillion dollars and But for us, we have to do it collectively we have to collaborate with one another to to offer the alternative in America for Muslims. And for us to do this. We must love one another.
You are agreeing or you want to say something. Okay, so
right. So we must end up loving one another. We must love one another we must trust one another.
You see, that's that's how we're gonna have to go about it. And the way that we can begin to love and trust one another and nourish this trust, if we apply the law Let's follow the law.
What law are we talking about here?
selling and buying this is what it takes. Let's do this.
Yes, that's correct. Okay. Let's go. Let's say something quickly.
Is it permissible sometimes to sell something? Will there is a risk. Yani hell you stepped in a barrel or we said that barrel horror is haram. Anything where there is a high level of risk high level of uncertainty is haram. Is it permissible? there is any exception to this. Your poodle Lima Michelle Kenny. fee Nigel, our ta Rahim Allah. You Steph Nam in Bay l Valerie Emraan.
There are two exceptions.
Example you're selling a house.
And with the house, you're telling the buyer, I'm selling the ceiling.
This is okay. The ceiling lower the self sub. And I'm talking about
shall carry with the banner.
The ceiling is made out of what?
Mishima Halina Guardian Mashallah
for another example, you're selling, I said that it is not permissible to sell the baby inside the womb of a cow.
What if you're selling the cow
and the cow is pregnant?
Can you do that? Yes, you can do that. In that you're not selling us.
You're selling what foraminal us?
Fela wirkkala Ala Moana waka Allah, Allah for a minute asked us.
If the uncertainty deals with a branch of the origin
what we're dealing with is a cow was selling a cow or a camel. What happened that this camel is pregnant? halus even so there is the price will go up a little bit because it's threatening for sure. It's not going to be the same. So I'm still buying
the baby inside the womb, but it is a branch of a philosophy therefore they say it is permissible.
Yes, as long as and this is a good point as long as you do not differentiate. You do not come and say well the cow is for $100 and then
BB is for 20 no all together is how much 120 as long as you do not differentiate the branch from Li l Farah mini loss
per unit take some example of of very quickly inshallah 10 minutes we finish you want to do that all right
you know i ideal example and Subhanallah I'll never forget this when I used to live in Switzerland
Subhan Allah I didn't know like I didn't know any of this but I used to I was traveling with a brother Mashallah yonny multi multi Zambian
he's happy I just thought about this today I was as I was like reading
he's happy is when we arrive at Zurich
you know a long time ago as an affiliate or not, but they have these machines where you place coins and then you use something like this and there is a hook and then the hook goes down and then it grabs something
and then sometimes it doesn't get nothing It goes down and you basically you get one a one time you do like this and if you get it had a way around this is worth writing
this is uncertainty risk. You know what I'm talking about right machines that it goes down like this and think that there are toys for I think a lot of children and he likes to buy them gifts like this. So he would go and then grab and sometimes it doesn't get anything sometimes it gets a very
small thing that is not even worth the what you paid for for whatever
another example we spoke about insurance
insurance you know the insurance is one
any insurance is for any insurance as well Why? Because you are paying I'm not saying it's haram or holiday okay, but I'm just dealing with a widower look at this now. You you give him money for uncertain
There are people who drive for a year or two without even one accident
Do they still pay the insurance or no?
They do pay the insurance that what did you get?
For fija? hella fija hella fill a fill fill bar fija hella there is uncertainty in what you're buying. You don't know what you're buying a home. And also let's look at the other side of it. Some guy pays the insurance the next month totals his car.
insurance company received what one What? One pay they end up giving him what
he has a full coverage at 56 is driving one of these.
he ends up with Lexus
from Hanalei life or life
in my village where I live
look at this now in my village where I live in Phil Phil Gladion
we have the village of Coptic Christians
over if you want your cow to get pregnant, what do you need to do?
You need to take it to a
female as a female
I would like
this route who who owns who owns the meal balls or school will who owns them in the village
you know who coptics You know why? Because it's haram for a Muslim
to take a price for that
so panelo MySQL, I'm a villager said that was good. But nobody ever explained this to me.
Because I it's haram for a Muslim to take a price and when you take the female to the male you know they get together and they get to know one another. Hmm You cannot see the fee from it is haram.
No, no. The fee is haram if you take a fee for this is haram.
In fact, we're talking about the factory
And people will want to get a mayor that course and they get 1000s of
for making that particular course with that feeling that it is here's the scenario that I'm talking about which is unlawful, just hang in there. Let me just finish that you go
and they get together and you take your cow and you leave and you paid him already the price
regardless, then at the end of the day, you found out that what
didn't get pregnant. Why this is haram, because there is a viral
but there are some mechanics once it comes to horses and the jury spoke about this to make it okay. Once it comes to horses, there are some mechanics. Here is the Hadith.
Nabi sallallahu alayhi wa sallam edited Norma Nana Vu sallallahu alayhi wa sallam and asked
for a bat forbade the stud fees school, the stud fees, that's the word.
Why, again, because there is a high level of
uncertainty that you take in your cow. And they ended up together and you take in the cow whom you already paid what the fee, but a month later or two months later you find out that what they did not get pregnant, then you ended up paying for something that is what uncertain.
over the soil.
With our telltale waka Paula,
that's fine. But in general, without this it is I said there are some mechanics to go about it. But just you take in and you coming back is haram. What I'm saying here is in in the village, whether the cow gets pregnant or not, the fee is what is paid is done.
I think it was 10 pounds. But this was a long time ago. But Allah what yeah, I enjoyed it. Because I always wondered, and I even asked myself this question. How can I know Muslims is having this because it's a very good business. Because imagine all the cows in the village they need to get pregnant. And they are going back and forth. But these guys are making money. And so I just how can no Muslim is doing that? now.
They're clearly probably Muslims taking it to that place
to get pregnant when they know
the same thing and you're paying the price for it when you know that it's a high level of speculation.
So who cares? You know, you have user you have two participants, right? versus like, for example, a lot of times people say, Well, I'm just going to sign a contract, and I'm going to pay them. I'm gonna use a credit card as an example. I'm gonna pay the credit card back at the end of the month, you're still witnessing that contract, which is a breach of contract.
Well, that's another issue. Muslim, who's going to take his female cow to get pregnant, he's still taking it, he's still paying the price. Right for that particular transaction, which you already said as high level speculation, even though he's paying it to the Christian but Coptic Christians
because he needs it. There is a way I'm talking about people who have zero education.
We only had three people went to the school in that village.
I'm one of them. Yes. So and also get about 3000 people yeah. So and a very primitive young and I think they inherited this from their ancestors. They because the evidence for this that nobody even explained it Why? I asked I keep going around why? Nobody even asked what I was able to explain it. That's it in our
without our fathers doing this, we're not gonna change.
Another tiny bit, who is called by your own moolah, NASA while moon Abba.
Dr. Neil Malema will
Rasulullah Hadith the Prophet sallallahu alayhi wa sallam na attiny al Mohler. masa, one more
Nevada, Harris Abu hurayrah in the Muslim
side also agreed upon nahi Rasulullah sallallahu alayhi salam and beya tiny lips a tiny alma nabasa
Yanina, Malema said,
you go and buy, you go to the somebody's selling clothes.
I tell you if you touch any garment, it's us.
You touch it it's us have assembled mula, mula masa. You touch you touch my glass right here
and you take
fee high level of what?
Why are you taking us through these issues? Okay, if you have your cell phones, okay, if your cell phones goes off while you're praying, you have to pay $100 Okay, are you happy?
I don't know. Okay, but let's go.
Yeah, I mean, whenever
you're wearing a garment, and I'm wearing a garment without you seeing it without me seeing yours. Exchange
I throw to you you throw to me exchange.
We had a semi a
habit will happen upon the calendar. That's why we started with the things that were familiar with. We spoke about insurance and, and so forth. But there is another type of business transaction that also there is a power in it is called Hubble Hubble.
Basically, you're selling the offspring of the offspring of a camera.
They used to do this by the way, yeah, helium.
Normal, okay, you want to sell something?
I have this I want to sell it. What is the price? Okay, I'm gonna give you the baby of the camera, not the one that the camera is pregnant,
not the one that will be delivered, let the baby have the one that will be delivered haben will happen.
You are in the offspring of the offspring of a unborn
which there is clear
in the price, that delivery.
There is a high level of uncertainty once it comes to the price to the payment young.
For you, there is another type of business transaction that contains also high level of uncertainty which is by your own hustle. Know how Rasulullah sallallahu alayhi wa sallam and a Lhasa one Bay Elvira Yaniv al Hassan, II take a pebble in your hand. Or you have 345 pebbles and you throw it
Imagine you have like cars in the lot. Okay, I have five tables, and by five cars, I'm gonna throw these tables, the cars are next to one another. Wherever these tables land is mine. I'm buying it.
And you do like this. Okay, or I'm selling you land, land. And I'm gonna throw the pebble. And wherever
the pebble reaches, that's what you're by. You already identified the price.
Nobody does this, but I just want to let you know that all of this contains what a high level of uncertainty.
Another type, which is very interesting is
Elmo hakala. Yeah, Neil mahapatra.
You own a piece of land.
I rented for you to
cultivate it, to grow it.
And then I tell you what,
you will get there in from that piece.
You have a piece of land.
You own it. And when they rent it from you to grow it. Now
what I'm going to give you is from that spot.
There is a high level of
uncertainty. Why because that's path code what
you're not going to give it any fertilizer. We're not going to give it any water.
But if you take
him, I will give you a third of
the bro that this is what this is for admissible again yeah and these types are not there are not in our nowadays dealings, but I think also it is something that is worthy of mentioning
with this inshallah I think we covered this but in general applying analogy, you can say, any business transaction where there is a high level of uncertainty a high level of risk once it comes to what you're selling, and once it comes to the price that is invalid in Islam
taller and wider. But what about somebody
I just thought about this, somebody who's selling watermelon
water, you know,
don't you go to Walmart and buy watermelon
isn't that there is a risk there
there is an there is an error, there is a high level of uncertainty
once it comes to watermelon, anybody can offer a solution for it and something that also my village they used to do.
Let's have a data table What if you open it and it's bad what he does First of all, you have all the watermelon little boxes
from the same Mark from the same field whatever
and you open one in front of a
of the people and you tell him this is from the same Palace in Verona Yani it became a little bit a feasibly and
they do it
they open it now, Mark, this is good, this is good because there is a high level of feedback or feedback. But if there is a high level of risk in selling and buying Waterman also with other things like low album granite for example. Sometimes also Yanni looks so reddish and so good, but you open it. So Pamela, especially these ones, which are fed by hormones with this inshallah we covered by Ohara. Any questions now?
Just find transactional
sales, commodity sales, commodities, commodities market. Now, people that
they say, Okay, today, my
shares worth for orange juice, for example, worth
$50,000 and I'm going to sell them tomorrow, and they might drop in price and they might go back and price much higher. And it's not the board actually own the commodity just they're selling papers that
the question here is the details of the business transaction are available.
lalala you see, you see a lot of feedback. Libba alojado is in the essence of what you're buying, is the specifications, the information about the committee available or not, if it is available, then this is your problem that he did not go and check. Maybe I need to ask, let's be creative here. Can you think of
forms of business transaction that falls under this concept of high level of uncertainty? Based on your experience babies the new profession numbed? further.
Hmm. Let us see the stuck to my knowledge and that's what I was telling the brother here is you see the stock you can find out what you're buying, isn't that correct?
no, you see that?
This is a market but I'm talking about Madonna. This is the point that I was explaining to you. That when you buy something when you buy stocks, the name of this stock who owns it, what's it about? Okay, how much was it bought? What is it history? This is what I'm talking about on here that the seller conceal this from you or it is concealed naturally. But the issue of of the stock went down and went up had a autolock this is market
there is no horror in this. This is a market
high risk, high risk, best best high risk green fin with the highest level of profit or loss as
a high risk in the asset in the in the subject matter. And then
supply and demand and that's fine, but
you can profit from it.
And there was another uncertainty. Healthcare.
Any insurances? Yeah,
Right. Yes. That's applied. Services. Yes. applies. We spoke about insurance. We said it's the reason why it's one because it's even so we're talking about services. Anybody can think of other elements that can among under this subject, yes.
That is based on speculation, they wouldn't say, this is going to go up. So the price is going to be this oil. So the price is even though the information of that convention is available everywhere. But the price that they base it off of is speculation, and that's the good, okay.
Well, I look at the work you're buying, because when you buy a stock you're buying, you're buying a material thing, right? There is something behind that stock?
Well, if there is one, then I say I would say yes, you see, we are going to have to use analogy here to apply elements. Now.
That's my understanding that you're buying actually something from a company or something further.
Now, mahaya de la, there are so many ways right now,
to find out what you're buying.
A woman can use
the information about the product, the specification of this product,
import and export falls under a certain type of business transaction called buy or sell them.
Which is permissible in Islam is seldom one of the pillars of buy or sell them that you're dealing with somebody who's well established in that field, you're not buying from somebody off the street, but somebody who has an established business, who is proven to be a deliverer of that commodity. The same thing applies to buying a car from a car dealer.
You may not go and find the car in the parking lot. But he shows you the specifications of that car. And because of the fact that he's a car dealer, he's able to deliver.
This way it is permissible. Don't forget to brace Luke Jacmel O'Hara Subhana Allah Mohammed shadow Allah, Allah heyland esta Furukawa to