Navaid Aziz – 40 Hadith On Wealth #02

Navaid Aziz
AI: Summary © The speakers discuss factors that affect the sale of contracts, including gold prices, laws, disrespecting Sharia laws, and liability for items sold without proper conditions. They also touch on the use of drop shipping and privacy protections, emphasizing the importance of verification and avoiding two conditions. The conversation includes discussions of scenarios and conditions related to debt and credit agreements, as well as the impact of the coronavirus on the economy and the potential for a rebound in the US housing market. The speakers emphasize the need for everyone to stay safe and stay healthy.
AI: Transcript ©
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Bismillah R Rahman r Rahim and then Hamdulillah he Muhammad want to stay in I want to start off

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with our bIllahi min Schoharie and fusina woman CEO Dr. Medina Maria de la for them will they learn or who want to delete who further hurt the Allah or shadow Allah Allah Allah Allah who had the hola shady color who are shadow under Mohammed Abdullah Rasulullah sallallahu alayhi wa the under he was talking to he was setting them at the Sleeman Kathira Amma God Allahu Allah al Medina, Elana Alam, tena f&m namah Yan foreigner one foreigner Bhima alum tener was in Maya Karim media brothers and sisters. Salam alaykum Warahmatullahi Wabarakatuh.

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So last week, we discussed three main reasons why contracts become haram, who can remember what are the three main reasons why contracts become haram?

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i type of general it's more broader than general occur. Excellent. And volume. Excellent. So those are the three main reasons why a contract becomes haram. So whatever is an increase, that is asynchronous, to what you actually given. So it can be based on a commodity, you can also be based on debt commodity we said and that we'll be discussing this hadith. Inshallah, if it's gold, it has to be amount for a mount hand in hand, with a mounting for a mount hand in hand. And in for debt, whatever you lend out is exactly what you take back. So that is they were with regards to her. This is a level of uncertainty where you do not have full knowledge of the item. So for example, you go

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to buy a house, but they don't let you inspect the house, you go to buy a car, they don't let you open up the hood of the car, nor do they let you test drive the car. This would be an extreme level of data or a very high level level of data that would make the sale null and void. But how about something that is a minor form of gutter. So for example, you go to the grocery store, and you want to buy a watermelon?

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Can you go to a grocery store and cut open the watermelon and look inside before you buy it? No, you can't. There is a level of uncertainty that is involved with you buying the watermelon, that there is a chance that this watermelon may not be as sweet as you think it is. It may not be as ripe as you think it is. So what happens in that situation? Why does the Shediac allow it? The Sharia allows it because it's not a great item where significant loss will take place. However, if there is an abnormality, meaning you get the watermelon that's actually rotten on the inside, it's not about not being sweet. It's not about you know, not being ripe, but it's actually rotten on the inside. You do

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have a guarantee though, you do have a guarantee from the seller that you will be allowed to either refund your money or exchange the item for something similar or exchange the item for something similar. And then the last thing we mentioned was zoom. And we gave the example of you're driving from Calgary to Edmonton. And the next closest gas station is 100 kilometers away, someone's car breaks down you happen to have a canister in your car with gasoline in it. Can you choose any price that you want for this gasoline to sell to the individual? And the answer is no. You can't say look, I know you're desperate. You need 10 You know 15 liters of gasoline to get to the gas station and

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I'll sell you each liter for $100 You can't do something like that this will be quick this will be considered oppressive and this was something that would not be allowed. Which brings us back to Hadith number 16 which is where we will continue from being Allahu Taala called mandala for him and Allahu wa iya Hadith number 16 wealth is three types.

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Non fungible, semi fungible and fungible. Muslim collects from about Agnes Ahmed, who said, Indeed I heard Allah's Messenger sallallahu alayhi wa sallam forbids the sale of gold for gold, silver for silver wheat for wheat, barley for barley dates for dates sold for salt, except in like for like asset for asset. So whoever increases or six increase has committed River in another wording, when these types are different than sell, sell as you all wish, if it is hand in hand. So if you're going to sell commodity for commodity, it has to be amount or amount hand in hand. If the commodities are different, then you can bargain and negotiate with one another as to where both parties are happy

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Bismillahi Tada. Now, why does the Sharia legislate that same commodities have to be amount for amount hand in hand, this is a greater concept why we want Why did the Sharia prohibit any fluctuation in terms of the amount or in delay or in delay. And what the Sharia is trying to do is to create an equal market place. So you can imagine someone goes out and says, I'm going to purchase all of the gold, I want all of the gold. And you know what, I'll do it on deferred payment. So for example, I hold all the gold for $100,000 A bar, and I'll give you all deferred payments thereafter. Now me I own all of the gold in the City of Calgary wedding season comes, you know, other

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celebration moments come where people want gold, they're all restricted to buy from me, they're all restricted to buy from me. So I can choose the price any way that I want, I can control the supply of gold any way that I want. And it gives me an immense amount of power that one individual should not be able to control the marketplace. So transactions particularly with regards to commodities need to be hand in hand amount for amount and no fluctuation is allowed. So similarly over here, just as no fluctuation is allowed in the current present, no fluctuation is allowed in the future as well, unless you have different commodities. So for example, you want to buy a car, there is no

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problem buying a car over a period of months, that's perfectly fine. However, if you're buying with if you're buying that with cash, if you're buying gold with God, it has to be a mountain amount hand in hand and there can't be any delay or fluctuation within the heat.

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So now we get to Hadith number 17. What is permitted in appearance yet leads to something forbidden is forbidden understand the title over here. What is permitted in appearance, yet leads to something forbidden is forbidden. A TEDMED he collects from Abdullah hammer that Allah's Messenger sallallahu alayhi wa sallam said, alone with a sale is not permitted, nor two conditions in the sale, nor gain from no liability, nor sale of what is not with you. So now alone with a sale, let me give you two examples over here. I have a bottle of water over here. Am I allowed lending this bottle out? Can I lend this bottle out if I choose to do so? Yes. If I choose to sell this bottle, can I sell this

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bottle? Excellent. Now, what is one of the ways that people think they can can get a neighbor and circumvent the Sharia, some brother x y and Zed comes and he says I need a loan for $100 You say no problem. I'll loan you $100 But on the condition you buy this bottle from me for $100.

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We will agree agreed that loaning the bottle is allowed we've agreed that selling the bottle is allowed. But what am I doing now that's making the contract haram I'm circumventing the Sharia to get more money on my loan, because we all know the value of this bottle is not $100 Right? It's $3 $4 Maximum $5 You go to a gas station buy a bottle of water you might end up paying $5 but not more than that right. So now for me to charge $100 is a way to circumvent the Sharia in order to accumulate river. So now you go back to the title. What is permitted in appearance loaning is permitted selling is permitted yet leads to something forbidden is forbidden. So it's a deceptive

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way of accumulating Riba. This would not be allowed. So that is what the first part of the Hadith means alone with a sale is not permitted. Right. So it when two contracts have a loan and a sale, or put together for the sake of circumventing the Shediac even though on the appearance, it may be halal, it becomes haram because it's another way of getting riba no two conditions

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In a sale nor two conditions in a sale, I'm actually going to drink some water right now, I apologize. I'm sick today. And if you see me sweating through my shirt, please forgive me for that. I don't mean any offense, but it's just been one of those days and I'm extremely dehydrated span lumps.

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know it's not a pawn shop. It's not a pawn shop, it can be any type of individual agreement between people.

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type. So number two, no two conditions in the sale.

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So now we're going to imagine

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the sale of this phone, okay, this phone roughly worth about $600 or so. Okay. So now

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you have the option to buy this phone.

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Either you can purchase this phone for $600 in cash. Or if you want to pay in installments, you can pay $750. This is my offer as the seller, you as the buyer have the responsibility of choosing one of the two options have the responsibility of choosing one of the two options. If you walk away, and you take the phone with you, and you say I will purchase the phone from you. This is when you say you have committed two conditions in a contract. So one condition is to pay in installments, the other condition is to pay upfront, you cannot have both conditions simultaneously. If you're going to purchase an item, the buyer and the seller both need to agree upon one of the conditions, they

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both need to agree upon one of the conditions. If the buyer walks away without the terms being agreed upon, the contract becomes null and void, the contract becomes null and void. So this is what the second part of the hadith is mentioning. Nor two conditions in the sale. Either you have to have a hand in hand transaction, or you have to have a payment plan transaction. You can't have both another understanding of this part of the Hadith. Let me ask you guys what you think. Imagine I have a car rental place where I rent out cars. You come and you say I want to rent a car from you. We agree that it will be $50 per day, we agree that you're responsible for the gasoline and, and

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usages. And you're liable if any accidents or something like that happen. We've agreed to all these terms. I put a condition in the contract that yes, you may rent the car from me, but you're not allowed to driving it. How do we feel about that? Doesn't make sense, right? So you're actually preventing the utility and the most predominant function of the thing that you're renting out. So you're putting a condition that is counterintuitive to the essence of the contract. So you rent the house, you can rent the house, but you can't live in it. Right? You can rent a car, but you can't drive it. And we see this in all realms of life that that take place SubhanAllah. And you will, I

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will give you a more practical example of something that happened not too long ago, husband and wife, they get married, the wife's family put a stipulation that they can't be intimate until she graduates from school. And she's just in her first year. So this would be a stipulation that's counterintuitive to the contract itself. Right? Once Allah subhanaw taala makes something halal, you can't make it haram thereafter, you can't make something haram thereafter. So in order to conditions in the sale, nor to conditions in the sale, nor gain from no liability. So remember, we're going back to the watermelon example, the seller of the watermelon, if it is rotten, has the

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responsibility that they have to take liability for it. If it is rotten, you have to refund it or provide an item that is equivalent to it that the purchaser will be content with you cannot sell an item without taking any responsibility for it without taking any responsibility for it. So sometimes you will see that item is sold as is right you guys have seen that right. Now, if there's no way to verify that there's something wrong with the item, then you're excused because there's no way to check it out. But in all other cases, you should verify if the item is actually good. In those cases where you can't verify then the seller has to accept responsibility. If there is an abnormality,

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then there has to be a refund or exchange for something that the purchaser will be happy with. Then

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The last point nor sale of what is not with you, nor sale of what is not with you. So Bilal he sees this bottle of water and he see he knows that there's a bottle of water inside the Masjid. He goes outside and outside he receives that there's people that are doing construction and they're very, very thirsty. They want to buy bottled water. Bilal saw this inside the water. Even though he doesn't own this Is he allowed going outside and selling this bottle of water considering that he could make money because they need the water. He can't because he doesn't own this bottle of water. Bilal has to own the bottle of water or have access to a bottle of water in order to make a sale in

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order to make a sale. If you do not have ownership or access, then that sale is prohibited that sale is prohibited. How many of you are familiar with drop shipping, who knows what drop shipping is raise your hand. If you know what drop shipping is? A few hands any sisters that know what drop shipping is? We have one hand two hands from the sister three hands from the sister side they what is the ruling on drop shipping. We have a clear Hadith here that the Prophet sallallahu alayhi wa sallam is saying that you are not allowed to sell that which you do not own and that which you do not possess.

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Is dropshipping halal or haram? It is haram

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if you don't own

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so if you're selling it straight from the supplier, so you have a supplier in China, and you're the seller and it goes straight from the supplier to the buyer, is that allowed or not? It's not allowed you have a difference of opinion

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from the supplier

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that seems like you're asking me a question as opposed to telling me yes. This is what you understand.

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I will not be shipping.

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Excellent. Okay, go ahead.

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The transaction purchasing

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you're investing with the supplier

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so that's step back. You're saying it is halal or it is haram?

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It is Hudson. Okay, excellent. The other brothers drop shipping halal or haram.

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It's a great zone. I love it. Why is it a gray zone?

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Because there are some aspects of

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And then some things that are

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I love that answer because that's like such a diplomatic answer. If you don't do things, the halal way becomes haram and that is 100% Correct. So now the issue is how do we deal with this hadith the Prophet sallallahu alayhi wa sallam he says, will be oh my Lisa InDeck and another version of the Hadith. Wha, wha mela Tom Nick and that which you do not own? How do you get across this hadith. So now what we want to explore over here is that one of the biggest mistakes when we study hadith is that we look at Hadith individually. We look at Hadith individually. The way Islam works is that it works holistically, you have to look at all of the Hadith combined. So we have something called bear

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Salam, we have something called by earnestness. Now, these are two different types of transactions, where the Prophet sallallahu alayhi wa sallam allowed the sale of something which you do not own currently at the time, and which will either be a product of harvest or a product of manufacturing. And it becomes permissible at that time to sell because you have access to the supplier. And this is a normative thing that will take place. And then two additional conditions are mentioned two additional conditions are mentioned. Number one, you as the seller have to take liability, you as the seller have to take liability. So if your supplier in China or anywhere else in the world ends

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up having a problem and they no longer produce the item or no longer selling the item, then it is your responsibility to find a replacement or to give a refund. It is your responsibility to do that. And then number two, the Prophet sallallahu alayhi wa sallam specifically mentioned that you can't have two unknowns and two

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variables in the transaction. So the current the the product being sold is being sold for the future. The payment part of it or all of it has to be paid Now, part of it or all of it has to be paid now. So going back to our concept of drop shipping, as long as the purchaser pays for the product in advance, and you take liability and responsibility

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for it, then this would allow for you to dropship the item, and it will not be a problem. But if you say make the sale, and the manufacturer says, You know what, we're no longer producing the item, or there's a prolonged period of delay. You can't offload the responsibility off of your shoulders and say it is the suppliers responsibility, or it is the suppliers burden right now, because you as the seller have to have liability, you as a seller have to have liability.

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I know that's a lot of content. Let's take questions on these two Hadith right now, before we move on Bismillah.

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If I have

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a child, I don't have the money. And they did. The one that I said a few.

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And that's exactly what I was mentioning. So as you're making the sale, you have to have access to the supplier. So it's not like, I'm gonna go find a supplier, you have to know who the supplier is, you have an arrangement with them in place already. And then you can go and sell products on their behalf, could you collect the money, and you can take part of it as a profit? Yes, it would be allowed, as long as number one, they pay part of the money or all of it. And number two, your domino that you have to accept liability for the item. Right? And this is based upon the US with the asylum and we are self unveiled this this now. Allahu taala. I know you're not happy with the answer, but

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think about it, and we'll get back to it Inshallah, go ahead

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have married a daughter. And then during the condition.

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For example, I have seen a lot of the use of active

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So number one, you shouldn't maybe in my personal opinion, you shouldn't be marrying your daughter off at that young of an age where she has no agency for herself. She has no idea what's going on in her life. And she doesn't have the power to make a decision. And I'm assuming their posts or their pre pubescent even at this time. So something like that should definitely be avoided. Number two, is that there's leniency for small periods of time for small periods of time, a husband and a wife. They're away because the husband is working, or she's studying. That's fine. Right? In the time? Well, I'm going to look a thought but at the Allahu taala. And who incidents like this happened on

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whatever the photogra doula who I know he gave the ruling that four months is the absolute maximum that a husband and wife can intentionally not to be intimate with one another. After that, did they become sinful for doing so there are so you can't have prolonged periods of our marital relationship without intimacy? Allahu taala.

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True, true, that is a very valid point. But we're not talking about what the President said I'm did versus what our waqia is right now. Right we can address how did he prophesy South America Aisha Radi Allahu taala. And that age, and why that took place and how it took place. But in terms of what are we allowed to do right now? It's a different reality. It's a different

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I understand what you're saying. But like I what I'm saying is the walkie of the Prophet salallahu Salam is very different than our reality. Right? So that's something that we can discuss at a later time being in LA. Hey, Todd.

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But so what is the point of getting married?

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But all of that is going to increase your desire for your spouse.

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Right? So like, I want to sell you some food, but you can't eat it.

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You can just look at it. Spend time with the food, but you can't eat it.

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But that's what's to be covered as a watch. You get to know your spouse before marriage, not after marriage. I mean, you get to know the intimate details but in terms of is this the person you're going to marry that you find out before marriage? Go ahead.

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Two quick questions. How does gift play in the scenario? You mentioned shipment being that

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example of a bottle we have to own the bottle, take ownership and then sell what if somebody changes your product as a gift?

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I don't

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want to sell how does that play?

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So as long as they've given it to you ownership is yours what you do with it

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point is your responsibility

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scenarios, the first example of the model.

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So beloved had gone outside, he saw construction workers, but he knows that this bottle belongs to me. So he hasn't even made a negotiation with me as to buying the bottle from me before he's already sold it, right? So had he made an arrangement with me that, hey, innovate, I'm gonna go and sell this bottle of water for $5 Half the profit for me half of the profit for you. We can agree to that. Or Bilal says, You know what? The wait, I'm gonna buy this bottle of you for for $3. And I'm going to take it right now. But I'll pay you later that that as well is allowed. But for him to go outside with no arrangement, or no sale with me is not allowed.

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Our agreement or some way of ownership or agreement has to be there. Yes.

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Go ahead. What happens if you

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don't know what else?

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So you have a debt, and you have no one else to pay it off for you. So in traditional Islam, the Beatle man is supposed to pay for you. So the Muslim Treasury is supposed to pay for you. In our day and age, we look for people that want to do good deeds, and they're supposed to pay that debt on your behalf. Nice question. So this heavy business, I'm trying to relate it to what we do today. So if I go to a furniture store,

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but they don't give me my couch

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is this

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There was no,

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it does. But it's fine. Because you've made a down payment, or you've paid the amount in full. So that's perfectly fine. But if you have to indefinite, they will deliver it to you in the future and you will pay in the future, then this will not be allowed. You should only do that transaction when it arrives. Or another scenario is you go to Leon's you're gonna buy furniture for them. But they haven't made 2020 fours furniture yet. They have a prototype, they have a catalog, you can purchase 2020, fours material, so they have a prototype for you. This is what it's going to look like this is how comfortable it is, you can try it out. But this is not the one that you can buy right now. So

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they have a prototype, they're going to manufacture it for you. As long as you make a down payment, or the full amount, then you're allowed to make that transaction.

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Now the question arises, what is the benefit of this sort of transaction? So you as someone that's buying furniture, why would you make that downpayment and seal that contract now, as opposed to just waiting for the 2020? For furniture to arrive?

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What do you think your possible wisdom is?

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You're going to secure it. That's one way and what's the second reason?

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Oh, you're the same thing as me, you're gonna secure it, but think about something else. Inflation the price is gonna go up. So right now you can seal it for a certain price. Who knows what the price of what is going to be next year? Who knows what the price of transport is going to be next year. So you pay for it right now in the hopes that the future sale contract will actually be more expensive.

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Before buying like that, yeah, that's completely invalid. completely invalid.

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Yeah, so whatever. That's completely haram. If you and I come to an agreement right now, and just because a year later prices have gone up, I can't impose a new contract on you. I know people do a lot of haram things and we're learning about these things to stay away from them. We're learning about these haram things to stay away from we'll do questions in the next session inshallah. So now we move on to Hadith number 18.

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Hadith number 18. All Muslims hold consensus that selling debt for debt is impermissible. I'll buy hockey colleagues from urban Amara, the Allahu anha. The Prophet sallallahu alayhi wa sallam forbade selling areas for areas. Right and then we have at the bottom this is the important part I want to highlight. This hadith is weak. It's defective being from Musa Bina Aveda from Mr. Muhammad, who said there is no sound Hadith on this, yet the consensus of the people is that it is impermissible to sell debt for debt in the motto even my Malik areas for areas is when a man sells a debt that he owes someone else for a debt that is owed to another person. Excellent. So now, what is areas areas

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is money that is owed that should have been paid earlier. So it is a defaulted loan. It is a defaulted loan. We have the collection mentioned this hadith is weak. Now the question will obviously come forward. Why are we mentioning a weak Hadith? Now what we want to understand is what are the

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what is the word that I'm looking for?

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The different types of

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authorities in Islamic ruling, right? So you have

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Have a text from the Quran, a text from the Hadith. And then after that you have Iijima. And then after that you have PS. So Quran we're all familiar with Hadith of the Prophet said, and we've discussed in quite a bit of detail. What we haven't spoken about is each Mar, and is each Ma is a scholarly consensus that takes place by all of the scholars in any one given time in any one given place, on any one given issue. Okay, so a simple example of HMR is that can someone come and say, I feel like doing more good deeds. So instead of praying, five obligatory prayers, I'm going to pray six obligatory prayers. Can someone do that? They can't, because there's a drummer on this, all the

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scholars, all of the Sahaba they've all agreed that there are five, four prayers right by George or Assad Maghrib and Isha, there can't be a six prayer introduced. So this is what is known as h mer. Then we get to the last one, which is Prius, Prius is analogical deduction. We know that alcohol is haram. And because alcohol is haram, other narcotic drugs become Haram as well. You're not going to find in either about marijuana or cocaine, you're not going to find a hadith about it. So how do we prove that these things are haram by using PRs analogical deduction. So now we have H ma being mentioned over here, Gemma and Muslim own Allah Monterey Bay, a Dane, but then that the Muslims have

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come to unanimous consensus that it is not allowed to sell debt for debt. So for example, you have Person A that has a debt, person B that has a debt to do different individuals, person A comes to person B and says, I have a debt for $500. You have a debt for $300. Why don't we swap debts? Why don't I sell my debt to you, and you sell your debt to me? Now, here's something to think about. Why would someone even consider this? Why would someone even consider selling a debt?

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Go ahead.

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Okay, excellent. So the likelihood of it being paid back, but then why would the other person purchased that debt? If they had no, that is not going to be recovered?

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Or their likelihood of it being recovered is less than the data that I already have? What is the fire in that?

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Yes, so if you look at, you know, the 2008 housing crisis, it was exactly just that we're debt credit swaps were taking place all the time, a bank takes the mortgage, they package this mortgage as an investment, and they sell it off to another bank. But now we're trying to look at why is that taking place, go ahead.

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The deadline thing, so you're

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might have a longer deadlines, and you could collect the money later.

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That would make perfect sense, other than the fact that the very definition of area is that the money is already owed, the money is already out. So now one of the things that

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you'll get better financing with let's go and run and I'll talk I'll spin it go ahead.

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Like if I have a $500 debt, I want to sell it to my friend over here. What what does that mean? If I owe the bank $500, I'm selling. So it's debt for debt. So your friend over here has a debt, and you have a debt. So your friend has a debt to me, you have a debt to build. Okay, so you guys get together. And you're like, you know what, let's swap debts. And it can be for the same amount. It can be for different amounts. But this hadith specifically is mentioning your student cell debt for debt. What we want to try to understand is in the first place, why would someone sell a debt in the first place? Like what is the benefit of buying that debt? And this is where I'll explain it to you.

00:34:32 --> 00:34:59

You and I have a wonderful relationship. You and beloved, have a very transactional relationship. You came to the masjid one day and said I need you know, $500 to borrow because like, here's $500 and then your friend over here, he and I don't have a good relationship either. We have a transactional relationship, but he has a good relationship with biller. So now what both of you decides to do is you say look, I'll take your debt with navaid. He says I'll take your debt with biller because both of our relations are good with one another

00:35:00 --> 00:35:34

When we come to each other, we're going to try to negotiate the debt. So your debts to him was $500. But because you know me, you know, you will be like looking the way we're best friends, you know, I have a wonderful smile. I do so many things to the community, can you reduce my debt to $200? I'm like a man, you know what, you're a great guy, call us take it. But had your friend come to me with that? I'm gonna call you I don't know you. Like, why would I want to reduce the amount that you owe me? Right? So that is what this hadith is referring to that sometimes based upon personal relationships, personal favors, other extenuating circumstances, you're not allowed selling debt for

00:35:34 --> 00:35:46

debt. So if you're going to me, it has to be like asset for asset asset for liability, but it shouldn't be to debts for debts. Yep. Follow up on this. What's the difference between like,

00:35:47 --> 00:36:25

negotiating the debt between me and people, for example, like saying, like, Oh, can you reduce that? Yeah, that couldn't be allowed. That's not a problem, inshallah. But if you will, to come up with a transaction, I'm going to sell you my debt, you're gonna sell me your debt. And we're both going to play the creditors. That's what's not allowed to be the same in both cases, the result possibly could be the same, possibly could be the same. But that would not be relevant, because there's no contract taking place between you guys. And this is what will come to see that when you look at Geneva in particular, if Emraan and I have a loan for $100, I lent him $100. He comes back to me and

00:36:25 --> 00:37:05

pays me $100. This is the way it's supposed to be. If I tell him Imran I'm lending you $100 You pay me $110. When you pay me back? This is really about this is how long this is the first type. The second type is Imran comes to me and says, look the bid. I don't have the $100. Right now it's due today. Can I have more time. So I tell after the fact to Imran that I will give you more time in exchange for more money. Pay me an extra $10 For when you pay me these two scenarios are haram. Let's bring the scenario number three over here. Where Imran he comes back with the money. He says the bed here's $100 Desert locker. Thank you so much for helping me out. And I wants to give you a

00:37:05 --> 00:37:12

$10 gift. So he's given me 100 and $110. Now, as opposed to $100. Why is this halal?

00:37:17 --> 00:37:45

initial contract, excellent. So the $10 is not a stipulation in the contract at any time before or after the fact. And it's something zyada from himself. Yeah. Okay. No one in this situation. It's really, I think this is something that I started seeing. All over here is a small business, you're a big business. Thank you a purchase order, like you gotta pay all month, but you say I'm living like six more months, right? Because that's when the balance or both, okay?

00:37:46 --> 00:37:53

And I'm like, hey, you know what, let me pay you like 90% of it. And then I can wait six months, and I can get the full 100%?

00:37:56 --> 00:38:16

I mean, the amounts haven't changed. So the amounts are still the same, right? Like, I would give him 90% Of what he's expecting from you. And then I wait six months, because I can tell you to get the extra 10%. Of course that's I know, labor that is exactly what the data is right? That is exactly what everybody so that would that would not be allowed. Yeah, that will not be allowed at all.

00:38:17 --> 00:38:37

So this is what this hadith is referring to. We spoke about Israel, we spoke about prs. And the reason why I mentioned the hadith is that sometimes you will not have an explicit eye of the Quran, or a specific Hadith, but we have each MA and that Iijima is sufficient as a proof sufficient as a proof, Hadith number 19.

00:38:38 --> 00:39:18

Deferred counter values and sales are not included in selling debt for debt. We're actually going to skip this hadith for today, because I actually want to present the whole entire Hadith to you next session, because it's actually a beautiful hadith of how the Prophet salallahu Alaihe Salam treated Jabara the Allahu Taala and who so in sha Allah next session will actually be starting with this hadith and we're not going to be covering it today. Which brings us to Hadith number 20 in efficiencies can ensure fair pricing and prevent exploitation, I want you to understand this title. In efficiencies, inefficiencies can ensure fair pricing and prevent exploitation right we live in a

00:39:18 --> 00:40:00

culture be as efficient as possible be as efficient as possible, is efficiency always better? Not if it leads to a liquidity trap, not if it leads to monopolies, not if it leads to a variety of things. Let us look at what this hadith says. Al Bukhari collects from Abu Seidel coterie and Ebola or the Allahu Taala and Houma Allah's Messenger sallallahu alayhi wa sallam assigned a man over labor, who then came to him with high quality dates. Allah's Messenger sallallahu alayhi wa sallam said, are all of the dates of hybird like this, he replied to no by Allah or Allah's Messenger, we get a PSA a measurement of weight of these four

00:40:00 --> 00:40:53

To SA and tussah for three. So imagine PSA is like a kilogram, right? Imagine it is a kilogram. So what he's saying here is that these good quality dates, one of them is equal to two lesser quality two kilograms of lesser quality dates. And if we want an extra then we have to give three kilograms of lesser quality dates. Allah's Messenger sallallahu alayhi wa sallam said, do not do this, sell the mix for their hands, then with the Durham's purchase high quality dates, and another narration from Abu Saeed in Al Bukhari. Off off. This is the epitome of riba don't do this. I say a PSA is a unit of measure equal to four mode equal to 2.6 liters, according to the majority, so handfuls of

00:40:53 --> 00:41:05

dates. Now, what's happening in this hadith, the Prophet sallallahu alayhi wa sallam sent a governor to Haber, Sierra quiz, who was that governor, who knows who the governor was?

00:41:08 --> 00:41:09

Anyone know?

00:41:11 --> 00:41:48

Beloved, or the Allahu taala, beloved of the Allahu taala. And who was the governor to labor. When Bilal comes back to the Prophet sallallahu alayhi wa sallam, he brings the highest quality dates that Claiborne has produced. So this isn't just from an average farm. He's basically gone to the best farms chosen the best dates that those farms have. And he says the rasool Allah, this is for you. The Prophet sallallahu alayhi wa sallam is very impressed. And he asks him are all of the deeds in Claiborne like this? Like, is it possible, you know, amakhala? Is it possible that all of the dates and labor are of this quality, and then below that are the Allahu taala, and who he says no

00:41:48 --> 00:42:37

messenger of Allah, but rather there have fluctuating qualities. And the way we get these dates is that we have to trade to PSA for one side. So imagine one or two kilograms of not so good dates, for one kilogram of good dates. If we want to kilograms of good dates, then we have to give three kilograms of not so good dates. So we've already discussed previously, that if you're transacting the same commodity, it has to be hand in hand, amount for amount. Now the Prophet sallallahu alayhi wa sallam is showing us something else over here. And we want to try to understand why he says over here that do not do this, but rather sell the dates that you have for their hands, get silver coins,

00:42:38 --> 00:43:07

and then with those silver coins, go and buy the higher quality dates, as opposed to exchanging dates for dates. Now, why would the Prophet sallallahu alayhi wa sallam tell him to do this? What is the benefit in going out of your way to find another seller to get their hands from and then go to the original seller and buy the good quality data from? Why not just sell the dates for dates? It will be more efficient, isn't the end result exactly the same?

00:43:10 --> 00:43:14

Right, so we understand what's happening, right? Go ahead, Hamza.

00:43:21 --> 00:43:29

products will one person or one party value, it has nothing to be worth more than

00:43:30 --> 00:44:09

100%. Because eventually, your end up going to end up going to, you're going to end up creating a liquidity trap or some sort of monopoly. So someone has good quality dates, those good quality dates, he's selling for lesser quality dates, two for one, or three for one or four for one, or whatever that amount is, eventually what's going to happen. There are going to be no more good quality dates left. People have purchased them all. And when people purchase dates Do they just keep them on display in their homes, no back that back at that time, that was the food that they ate, so it was naturally going to get consumed. So what's going to happen now is that these lesser quality

00:44:09 --> 00:44:45

dates are going to be actually higher quality compared to what is less than it because what is higher than it no longer exists, what is higher than it no longer exists. So the Prophet salallahu alayhi wa sallam to prevent that from happening prevent that liquidity trap and monopoly from taking place, go the longer route, sell the lesser quality dates, get the Durham's and purchase the dates from that so that one person will not have a monopoly of all of the dates in one given area. And everyone should have equal access and there should be a free market so your hand up very early on

00:44:49 --> 00:44:52

these Lexus exchange

00:44:58 --> 00:44:59

No, I was

00:45:00 --> 00:45:14

For the sake of convenience, we're going to stick to the commodities that the Prophet salallahu Alaihe Salam spoke about. So gold, silver dates barley, those sorts of things, they always have to be hand in hand, amount for amount. And this is hadith is specifically about dates.

00:45:18 --> 00:45:25

It could lead to that. And that's what we're trying to prevent. We don't want any one person or one group to have control of the entire market.

00:45:26 --> 00:45:29

So this scenario that you just described, I went to the market

00:45:30 --> 00:45:40

to buy silver. So they have a price standard for $50 an ounce, whatever. So I go one day, I go, how much is the price today for silver?

00:45:41 --> 00:46:04

dollars? But then you pay for the cultural? The word orphanage? Yes, they say this is for the silver. Yeah. And 9595 95. But then you pay for the workmanship? So that kind of vary? Yes. That was the golden Muslim guy. He tells me his 95 Silver is of higher quality. How could it be of higher quality? It's nine to five. That's what I said.

00:46:06 --> 00:46:16

So I say I didn't understand and then then all sudden the workmanship. So I said 95 to 95. Like, so that exact scenario you just described in our mind.

00:46:18 --> 00:46:39

And it would actually start with the Muslim rather than the one that was inflating the price. I mean, the the only difference here is you're not purchasing silver with silver, right? You're actually purchasing silver with cash. Shouldn't be if the price is $50 per ounce. 95. Yeah, you're right. He should not be inflating it he should not be inflating the price.

00:46:41 --> 00:47:16

Going against. Well, this hadith is is particularly when you're trading to have the same commodities, right? So dates were dates, right? That's what I'm saying. How do you mean silver silver? There's a huge problem with what's happening over there. Right. So this hadith is specifically about those commodities. So here going back to the title, inefficiencies can ensure fair pricing and prevent exploitation, right. So yes, it is inefficient to go have to go and buy a purchaser for your dates, and then go and make another contract to purchase the higher quality dates. It is inefficient time would be spent, but it would prevent exploitation. So when we look at

00:47:16 --> 00:47:28

efficiency from a Muslim perspective, efficiency is not always the key. The key is protecting the rights of the people and remaining Halal protecting the rights of the people and remaining Khaled

00:47:30 --> 00:48:13

Hadith number 21. The riba of pre Islamic ignorance is their statement. You either pay or you increase, and Hadith collects in his Musnad from Amara al Hamdani who said I heard Ali say, Radi Allahu Anhu Allah's Messenger sallallahu alayhi wa sallam said, every loan that accrues a benefit is Riba is labor. And we've explained this already, that when you look at a loan contract, if it is stipulated in advance that you have to give extra, it is haram. Every stipulated time of default, it is haram. If that extra is given out of a person's own wish or desire, it would be halal. However, let's look at another scenario.

00:48:14 --> 00:49:06

I lend beloved $100 Bill girl comes up to me says the way they need $100 I say fine, no problem. My normative mode of operation is I drive myself home and I come to the masjid by myself. No one drives me back and forth. But now that I've learnt below the money, I tell Biller, you know what? Below, can you drive me home and pick me up and bring me back to the masjid? Would this be considered a form of labor? And the answer to that is yes. Anything that can be considered a benefit, whether tangible or non tangible, that is imposed, directly or indirectly, will become a form of labor. Now one person can say that biller has the right to say no, Bill technically could say no. But the fact

00:49:06 --> 00:49:46

that he is in debt to me, psychologically and emotionally makes him feel indebted to me. So he feels as if he has to do more. So this would be a different form of labor. It doesn't have to be in the same commodity. Same thing. I lend him $100. And he has to pay me back $100. But he sees me staring at the watermelon that he just bought. And I just keep buying his watermelon. And he's like, no way do you want the watermelon? And he's only given me the watermelon because he feels guilty inside because he's borrowed the money from me. Me taking this watermelon now is an act of labor, because outside of that transaction, more than likely, beloved would have not given me that watermelon, nor

00:49:46 --> 00:49:53

would he fully feel compelled to do so. But he feels compelled to do so because of the fact that he is indebted. Go ahead.

00:49:55 --> 00:49:58

But let's say we go out for dinner. Yeah.

00:49:59 --> 00:49:59

I offered

00:50:00 --> 00:50:02

Okay, yes, you have to pay me back.

00:50:03 --> 00:50:10

For that if I got my credit card, or any of that stuff, that's an added benefit, because I paid for it. Excellent.

00:50:12 --> 00:50:17

That's a great question. And I want you to tell me why it wouldn't be? Why would it not be considered above?

00:50:20 --> 00:50:46

So the brothers question is, two brothers go out for dinner, one brother forgets their wallet, the one brother pays, and they come to an agreement that we're going to split the bill, and you can pay me your amount at a later time. However, this brother paid with his credit card, and he's getting either cashback or credit card rewards, or something like that. He's asking that cashback are those credit card rewards, would that be considered a deba? And I said, I want you to tell me why it wouldn't be considered to

00:50:48 --> 00:50:49

be I was asking him.

00:50:51 --> 00:51:15

This is meant to be a learning experience. That's exactly the point. Because it's not from below, right? You're getting that money back, or those rewards from the credit card company itself from the credit card company itself? Had it been from below, because like, you know what pay for me now. And I'll treat you to a better restaurant next time. Or I'll pay you back the amount that I owe you. And something extra, that wouldn't be allowed. That would be harder. But go ahead.

00:51:17 --> 00:51:22

Like a favor for favor? That'd be what does that mean?

00:51:24 --> 00:51:25


00:51:26 --> 00:51:27


00:51:30 --> 00:51:31

And then he asked me for

00:51:38 --> 00:51:59

Yeah, no, no, something like that is fine. That is that's fine. That's like reciprocation of generosity. So the brothers question is, I lend someone my tools. And in the future, he asks me for a favor? Is this considerable? And the answer to that is no, because it has to be a contract for a set commodity, that you're getting greater benefit on top of what you have lent out, go ahead.

00:52:08 --> 00:52:09

They offer to feedback.

00:52:11 --> 00:52:11


00:52:13 --> 00:52:14

for example,

00:52:16 --> 00:52:35

when he said apples, like you give someone $10, and then they pay back the $10, not $10, but with like some other things that maybe gave him an apples. So why is that happening? Is it because he can't afford to pay? Or because that's what it originally was agreed upon? Why is this happening?

00:52:40 --> 00:52:41

So what it's like,

00:52:42 --> 00:52:46

it really just couldn't afford to pay. So he offered to pay.

00:52:49 --> 00:53:15

So at that point, as long as there was a stipulated in advance, and they both come to an agreement at the payment date, whatever they decide upon is fine at that time. So for example, you borrow $100, time comes to pay off that debt, you don't have the $100. So you say here's my Nintendo Switch instead. For $100. That would be perfectly fine. That's not a problem, because it wasn't stipulated in advance. And both parties are in agreement at this point.

00:53:19 --> 00:53:29

Right, and our initial agreement is he gives me $100 back, can you modify it? Like if both parties are okay with it? So what does that mean? What does modify mean?

00:53:32 --> 00:53:38

He can I want it initially, I want it on one day. Exactly. $100

00:53:42 --> 00:53:50

or something? Yeah. So as long as the amount is the same, then that's perfectly fine. As soon as the amount of changes that's when it becomes problematic. I want to move on to the next Hadith.

00:53:52 --> 00:53:56

We have a lot of hands this let me just finish the next video and I'll answer everyone's questions inshallah. Okay.

00:54:01 --> 00:54:14

Actually, you know what I think we let's just conclude here, we'll do the questions and then we'll do the next Hadith. After the hadith of Jabara the Allahu Taala Anna Hollis Smilla. Go ahead, go back to that first scenario that you said.

00:54:16 --> 00:54:16


00:54:17 --> 00:54:23

And then you ask him for a ride. That is considered? Yes.

00:54:25 --> 00:54:26

You do need a ride.

00:54:28 --> 00:54:36

The 100 golfers, say of the storm outside, there's chaos outside of this crisis.

00:54:37 --> 00:55:00

So number one, the general ruling on necessities is that there's no ruling on necessities. So if there's a disaster, whatever the disaster is, there's no ruling on those disasters. Someone's alone in the desert. They're not finding anything to drink other than alcohol. They drink enough alcohol to survive that's allowed for them. So in this sort of case, if that's what's going to happen, before I even loaned him the money, I tell him Hey, Bill, can you give me a ride home today? That's the point.

00:55:00 --> 00:55:01

proper way of doing it.

00:55:03 --> 00:55:15

It's already done, then in that sort of situation if there's no other way home, then it's allowed. But if you can find another way, then that is better for you to avoid River, the brothers question and back Yeah, go ahead

00:55:25 --> 00:55:27

so, can you give me a more specific example?

00:55:36 --> 00:55:38

Correct. So, we discussed this in the very

00:55:41 --> 00:56:08

correct. So we discussed this in the first data, and this is known as diminishing Musharaka. So, diminishing Musharaka is you agree upon a property for shared ownership, you will have a portion of it, they will have a portion of it, whoever has the lesser portion of it has to buy percentage shares as well as pay rent to the one that has the greater So, in general essence, that contract would be allowed, unless there's something stipulated that would make it haram and Allah knows best sister said Go ahead.

00:56:14 --> 00:56:14


00:56:21 --> 00:56:22


00:56:23 --> 00:56:33

that is okay for me to accept because there was not a condition at the time of signing nor after the fact. And this is from his own desire. That's perfectly fine. Yeah, go ahead.

00:56:44 --> 00:57:30

So there's multiple scenarios. Scenario number one could be between me and Biller, I come to believe one day and I say, Bill, can you lend me $300 he lends me $300 sometime in the future goes by Bill comes up to me and says, Hey, navaid Can I borrow? $500? I say, Sure, here's $500 So now we both have debt to one another. Right? I owe him 300. He owes me 500 What is the easiest way to settle this? That bill? You know what? I owe you? 300? You owe me 500? Can you just pay me $200 Extra, and we'll square out our debt, something like this is fine. That's no problem. As soon as you get third parties involved and fourth parties involved, then that's when it becomes problematic. I can't have

00:57:30 --> 00:57:49

a you know, debt with most and Omar over here and take those debts combined and say Billa you know, what? Why don't you produce $500? Here's, you know, the these debts, you take these instead and pay them back on my behalf. Something like that would not be allowed. Right? Go ahead. So as an example,

00:57:50 --> 00:57:52

I as an example, I only do like,

00:57:54 --> 00:57:54


00:57:56 --> 00:57:57

and then the date

00:58:00 --> 00:58:02

the database back.

00:58:04 --> 00:58:07

And I don't have the money. So it's not.

00:58:10 --> 00:58:17

So if you haven't agreed to that in advance, then that term needs to be agreed upon, at this time, right?

00:58:19 --> 00:58:19


00:58:21 --> 00:58:55

So for when you when you and I come to this agreement that I'm gonna lend you $500, you and I can agree that I will pay you back in installments each month, I will pay you back $100 till $500 is paid off. That's fine. Now, if the day of payment comes and we don't have this agreement, you just say I'm going to pay you back $500 You need to have $500 On that day, if not, you're eligible to be taken to court, or the better thing to do is for me to give you leniency and come up with a plan for you to pay it off or even forgive it if I can.

00:58:57 --> 00:59:03

Yep. So if I'm teaching a brand, for example, and this is my first example.

00:59:05 --> 00:59:05


00:59:06 --> 00:59:07


00:59:09 --> 00:59:10

my voice.

00:59:11 --> 00:59:15

Am I allowed to get open out of fear of that it's a labor

00:59:20 --> 00:59:20

it's not

00:59:22 --> 00:59:23

give me something.

00:59:28 --> 00:59:45

So let's go back into labor in order for labor to take place, there has to be an exchange of an amount of something, and then you get an increment on that original amount of back. Right? So over here, this is no there's no transaction that's taking place.

00:59:48 --> 00:59:55

I understand what you're saying. But I'm saying I need you to understand what it is. Because if you think that this is a labor, I haven't done my job explaining it to you.

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


01:00:05 --> 01:00:07

Do you. So why would it not be allowed?

01:00:11 --> 01:00:26

So the default in business transactions is that they are allowed until there's a reason for them not to be allowed, there has to be a proof that they're not to be allowed. Someone giving you a gift, as long as the gift is hada that is not stolen. And all these other conditions are met, you can accept a gift at any time. That's not a problem at all.

01:00:31 --> 01:00:33

Okay, okay.

01:00:39 --> 01:00:40


01:00:42 --> 01:00:50

No, not at all. Not at all, it will not decrease a reward from Allah subhanaw taala. But that's outside the scope of our discussion, by the way. Yes, go ahead.

01:00:55 --> 01:00:55


01:00:57 --> 01:00:58

traded direct

01:01:01 --> 01:01:02

categories that were mentioned

01:01:03 --> 01:01:04


01:01:09 --> 01:01:18

It most definitely applies to those categories. And it can apply to other categories as well, if it creates liquidity traps and hardships for the community.

01:01:20 --> 01:01:23

The example that I have just because I work with children, so when for example,

01:01:26 --> 01:01:29

if you want to treat it with me, you have to give me Yes.

01:01:32 --> 01:01:48

No, no, that's fine. That's fine. Yeah, those sorts of things are fine. Because like, especially with kids, they're not like a marketplace, right? You can buy Pokemon cards online, you can buy it everywhere else. So this wouldn't create like a liquidity trap or a monopoly. So that's perfectly fine. Go ahead.

01:01:50 --> 01:01:52

kind of confused a little bit like

01:01:53 --> 01:02:01

when you saw violin, you elope and all sudden you start to cheat. Especially, because

01:02:03 --> 01:02:07

Is that wrong? extremely special, like, so.

01:02:08 --> 01:02:10

I don't need the machine.

01:02:12 --> 01:02:21

So it's the opposite biller? It's the opposite. It's not about me treating you differently. It's you demanding that I treat you differently. Right. If you demand that I choose to do it that's natural as a human like so.

01:02:22 --> 01:02:41

I'm optimistic. And like, this is my spot, even though it's not but but that shouldn't be right. These are the type of things we want to prevent in our community. You donate it to the masjid that's between you and Allah subhanaw taala for you to think that you can show up at any time of the day, even on the day of Juma walk through 10,000 people and come to the front. That's not allowed man.

01:02:42 --> 01:03:00

Right and saying this, and I'm bringing this point is because there is people that do really good and bad to me, there should be an obligation to the people that somebody helps to to treat them well, like so maybe I shouldn't feel that way. But we should kind of treat that's perfectly fine.

01:03:02 --> 01:03:04

Gentleman comes in here, young kids

01:03:05 --> 01:03:43

giving special treatment. But that's completely different. And that's what I'm saying. If you're demanding it, then it's wrong. If you're expecting it, then it's wrong. If it's given to you without demanding without expecting, it's fine. And you know where I'm getting this I remember the one there's a story within the Sahaba that had a handicap or something like that had a spot and then one guy went in his spot but but that has nothing to do with that. That's just about good. But I think about like being spot getting special treatment. So when you do something whether it's debt or give somebody something naturally. So if it's debt, then you want to stay away from it. You cannot expect

01:03:43 --> 01:03:49

or demand. Right but outside of that we should show Good luck to everyone without a shadow of a doubt. Go ahead

01:03:55 --> 01:03:57

maybe 100 US dollars,

01:03:58 --> 01:04:06

Canadian 100 USD and three months from now, they came back. Once they come back there now there's a difference

01:04:08 --> 01:04:44

is that they could benefit for our benefit. Will that be okay? Nope. So this happened during the time of the process along with Abdullah and I'm not a doula on Houma. He used to sell camels, and they would agree upon a price in gold. And then sometimes he would receive the payment in silver, or sometimes they would agree upon a price in silver, and he would be paid in gold. The Prophet sallallahu alayhi wa sallam said that the transaction has to take place on the price of that today with no debt remaining with no debt remaining. So if you're going to work in foreign exchange, it has to be hand in hand amount for amount completed by the end of the date.

01:04:47 --> 01:04:54

You have to do the transaction first and then you can lend you can do the opposite of lending and then do the transaction. Yeah, go ahead.

01:05:00 --> 01:05:09

USB thumb drive. So like at the time of buying things tend to be one thing at a time paid for the language

01:05:10 --> 01:05:19

exchange and continuous progression. So there's one way accounting do it that takes the exchange rate for lower.

01:05:22 --> 01:05:42

So I wouldn't suggest that what I would suggest is have USD handy already. So when you're committing to buying something, you already have the cash, you already know what you've paid for that, as opposed to trying to do two things at one time. Hola. Hola. Hola. So it is now time for the adults who will take the last two questions inshallah Go ahead.

01:05:44 --> 01:05:52

permissible to make money, the exchange of like you guys said, USD for Canada, let's say

01:05:53 --> 01:05:54

I have USD as

01:05:55 --> 01:05:58

well, let's say it's a one to one to Canadian doctor, it's not.

01:05:59 --> 01:06:12

And they say okay, instead, you have to pay me like an extra five cents for each US dollar that you buy. Is that permissible? Or is that considered like? So? Are you a business in foreign exchange? Or are you an individual?

01:06:13 --> 01:06:26

So you are a business in foreign exchange? As long as you've publicly advertised that there's a 4% service charge on your transaction? That would be fine. That's not a problem. But as an individual, that wouldn't be allowed. Yeah, go ahead.

01:06:31 --> 01:06:42

What's let's say I have I suppose not so good things, right. But yeah, and I tell you exactly what happened to mistakes. Let's say I sell them once.

01:06:43 --> 01:06:46

And then I get I get those ones that are mind blowing.

01:06:49 --> 01:06:53

Like, so as long as not dates for dates, you're fine. Just keep that in mind.

01:06:56 --> 01:07:32

That's fine, because the money is the negotiable part, right? When you're selling dates for dates, they have to be hand in hand amount for amount. However, when you're using money for a product, like I can say this phone is for sale for $600. But you can come up to me and say no, I want to offer you 500 And then no, you're like you know what, let's meet in the middle at 550. So we can negotiate with one another and that's perfectly fine. That's not a problem. Okay, let's conclude with that inshallah. Just as a reminder, there will be no class next week. Class will resume two weeks from today. So we'll miss one class and then we start up again on I'll give you the actual date.

01:07:33 --> 01:07:34

Inshallah Hotel.

01:07:39 --> 01:07:53

class will be on August fourth. August 4 is the next class within the heat Tana. Desikan Lakota and Subhanak alone will be Hamdi Kashia. Dona in the heartland. Astok Furukawa to the lake and we will have the event followed by the accommodation

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