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Maxims of Fiqh #02 – Affairs Will be Judged by their Intentions

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Navaid Aziz

Channel: Navaid Aziz

Episode Notes

Episode Transcript

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


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Not a heme in Al Hamdulillah Hina hemudu Ernestina one istockphoto when I was with him and sure Audrey and fusina woman sejati Ahmed Nina, Maria de la Hofer la modelo de humo de la vida de la or shadow Wanda either hula, hula hula shikata or shadow Ana Mohammed Abu Rasulullah sallallahu alayhi wa ala alihi wa sahbihi wa seldom at the Sleeman kathira and my bed, my dear brothers and sisters as salaam alaikum Rahmatullahi wa barakato.

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So we continue tonight with our class on our collided for Korea, and tonight's class is going to be on the first legal Maxim which is Omar will be Mikasa that affairs will be judged based upon their objectives. Now, as I mentioned last week, our approach to this with each halaqa we will be taking one legal Maxim we'll be discussing its proofs we'll be discussing its scope, and then we'll be discussing the principles that come underneath it the principles that come underneath it. And in order to understand the principles that come underneath it, it is very important to understand the actual principle itself. So the first thing we want to start off with discussing is what is the

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proof for this Maxim. As we discussed last week, most of these Maxim's are based upon a hadith and if so, we want to take a look at these Hadith and ayat that they're actually based upon. So the first thing we will be doing is looking at the concept of Nia in the Quran, looking at the concept of intention in the Quran. When Allah subhanho wa Taala talks about intention in the Quran, he will use three main words to talk about intention. The first of them is EClass. Right well not only ro li li Abdullah hamaca, Sinhala Dena Panda, that they are not commanded except to make this faith this religion sincerely for the sake of Allah subhanho wa Taala alone. So if last is the first of them,

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the second of them is your Raja, right? main Kuma URI to dunya huaming como de de la cara, that from you are those that want this dunya and from you are those that desire the actual and then the third of them, is it the law what Sheila is to desire the face of Allah subhana wa Tada. Now this is a form a metaphorical sentence, in the sense that it's not literally desire in the face of Allah subhanaw taala but in Arabic, it is understood that it is done sincerely with the sake of Allah subhanaw taala so at the end of certain ln elliptica our G Rob because Allah accept it for the sake of desiring the face of your Lord the Most High meaning the sincerely for the sake of Allah subhanho

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wa Tada. So when you see v always three words mentioned in the Quran, it's talking about intention. Number two, let us look at the Hadith of the Prophet sallallahu alayhi wa sallam. So the famous of them is the Hadith Ananda Mahabharata Allahu anhu, which is the foundation for this chapter, that indeed, actions are based upon intentions, and every man shall have that which he intends, every man shall have that which he intense. But besides this, you will find other Hadith as well. So for example, the hadith of Abdullah Abdullah Abdullah, I know when he says in them, you better national identity him there indeed, people will be raised upon their intentions. And the context of this

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hadith is that the Prophet sallallahu alayhi wa sallam was talking about good people who lived amongst bad people. So unless I know it's either sent his punishment down upon them, and everyone was killed and destroyed. So they said, Dr. rasulillah, you know, what about the good people amongst them? And then the Prophet sallallahu alayhi wa sallam responded with the statement in the MOBA as a natural Allah near to him, that indeed people will be raised upon their intentions. So even though they weren't partaking in that evil, what was their intention in being present amongst them? Were they trying to prevent them from it? Where they just staying silent and doing something else? What

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was their intention? You know, being there. And I believe this heading in particular is very, very relevant. You know, particularly when you live in a society where evil is rampant, and it's all around you. It's very important to have a good intention. Because you never know, you know, La Jolla, something happens and you end up dying, you know, you want to die upon a good state, you want to die upon the good intention. So renewing one's intention is very important, as is seen from this hadith. Likewise, you have the famous hadith of Abu Bakr radi Allahu anhu when Abu Bakar the Allahu anhu heard the Hadith of the Prophet salallahu alayhi wa sallam that you know that which is below

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the ankles is in the Hellfire, right? So abubaker the Allahu anhu he said yada so Allah, you know, I'm not going to be from those that this is applied to meaning that you know, is it a sign of pride and the process on responding by saying you're not from those that do it out of pride you're not from those that do it out of pride. So here the Prophet sallallahu alayhi wa sallam freed him from lowered looked like a

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Bad action, due to the intention that he had that it was not an intention. That was one of pride. So these are some of the proofs from the Sunnah of the Prophet sallallahu, alayhi wasallam, then the third level of proof is Hmm. And then there's a consensus amongst the scholars that it is impossible to have any action, except that there's intention behind it, right? It's not possible. And that is why there's so much emphasis in the Quran and the Sunnah. And there's consensus on this, that every action will have an intention behind it. Now, the fourth thing we want to look at is, how about a rational proof behind this?

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Are there states where a person can do an action, that there's no intention behind it? And the answer to that is yes, but they're very, very few. So for example, a person gets to such an extreme rage, that he no longer has control of what he is saying, or what he is doing. So there's no intention behind that, or something that gets done by accident. So someone's carrying a bottle, and that bottle ends up breaking, that breaking of that bottle, the damage opening of that property is not something that was intended, it was something that happened by accident. And in other cases where people don't have control of their actions, then those are actions which there is no intention

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behind them. Even taymiyah Rahim Allah, He says, if you were to look at every action, there's always some sort of knowledge that is proceeding that action, meaning that there's a reason why they're doing that action. So besides, when the person is not in control, even the accident that happens, there's some sort of knowledge behind it, meaning why is that person carrying that bottle in the first place? What is the intention behind what is the knowledge that is behind it, he said that knowledge that a person has would constitute towards the intention, and that is why if you look at any action, that is done with conscious, there must be an intention behind it. There cannot be a

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conscious action that is done, except that there's some sort of intention behind it. So even rationally speaking, this principle is valid, that there are the actions or the

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the matter will be judged based upon their objectives based upon their objectives. The second thing we want to look at is what is the stance of the intention mean? Where does the intention actually take place? There is consensus amongst the scholars that the station of the intention is in the heart and the deferred over Is this something that is constant? Are there exceptions to this rule, and they differed on a quite a few cases, but the most famous of them is hij. They said when the person says allama Baker bill Hagerty says Allah Baker, Bill Amara, is this an intention that he is making? And this is constitute his intention or not? So now when a person says Allah, Allah big will

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Hydra llama Baker? But, Amara? Is he actually professing his intention and stating his intention? Or is he doing something that the Prophet salallahu alayhi wasallam taught him to do? And the intention is actually still in the heart? And the answer is no last minute Allah knows best is that the intention will always be in the heart, that you can profess it on your tank, but the actual station of the intention is always in the heart. So that is why a person can say something, but intend to something else. And what is more valuable is what is in the heart, rather than what is professed on the tongue. What is more valuable is what is in the heart, rather than what is professed on the

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tongue. So there is consensus that the intention should always be in the heart. Now, what is the ruling on professing one's intentions, meaning before Salah should we profess our intention that I'm facing the Qibla? I'm about to pray for a cause of Senado Asia, you know, for the sake of Allah subhanho wa Taala. And the answer to that, is that when you actually study this principle, you'll actually come to see that there's no point on professing one's intentions. Why the reasoning behind that is, actually, we'll get to that when the time comes. But the intention should not be professed intentions should not be professed, because if there was any goodness in this, then the Prophet

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sallallahu alayhi wa sallam himself would have done that deposit seldom himself would have done it. So now, the first thing we want to look at, is

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the concept of purifying one's intention. The struggle in purifying one's intentions in Allah subhanho wa Taala. He tells us that we were not commanded except to make this faith purely for Allah subhanaw taala and he tells us say, indeed, my praying, my fasting, my living and my dying, are for the sake of Allah subhanho wa Taala. So this concept of struggling within with one's intention has to be there at all times. And this is perhaps one of the not only the most difficult aspects of Islam, but it's also the essence of Islam itself. Right?

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The essence of Islam is not the actions that are done. The essence of Islam is the intentions behind them. And the purer you make them for the sake of Allah subhanho wa Taala than the better and the more blessitt and the more rewarding the actions actually become. So if you look at, you know, the statements of the predecessors, they were very, you know, adamant on purifying their intentions, like their whole journey of life was about trying to figure out how to purify their intentions. So you have one of the great scholars of Islam aboard vedo possiamo Salaam, he says Lisa, about in the beast sallallahu alayhi wa sallam ojima Earth now axerophthol either mean Hadeeth in the Euro wahama

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and who in them and Armando beneath. So he says that there is nothing that has been married for narrated from the Prophet sallallahu alayhi wa sallam that is more comprehensive, more sufficing has more benefit in it. Then the Hadith of the Prophet sallallahu alayhi wa sallam, and one of the other predecessors use of hypnosis about he said the holistic Nia Minh facade, the shadow and the Amylin mental he had that purifying once intention from becoming corrupt, is more difficult upon the person that is acting rather than, you know, giving a lot of effort or a lot of hard work into something. So something that is really difficult, the hard work that you put into it, even harder than that is

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keeping your attention period all time keeping it constantly for the sake of Allah subhanho wa Taala. Now, what's important over here is in this statement, for the sake of Allah subhanaw taala means not only not making it for other than the sake of Allah, meaning that you beautify your Salah for other than the sake of Allah, that's not what we're talking about. But even in the Salah itself, making sure that your focus is there for the sake of Allah subhanho wa Taala. Like a person can pray Salah, and literally they're not focusing on anything. They're just doing the actions. They're just doing the movements. It's not as if they're praying for other than the sake of Allah, or they're

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doing something for other than the sake of Allah. But the consciousness that should be for their for the sake of Allah subhanho wa Taala is not there. So this is what that statement is referring to, and I'll share a last last one with you. matara bin Abdullah, he says, Allah who can be besana halaman wa salatu salam will be sola Ania that rectifying one's heart is by rectifying one's actions, and by rectifying one's actions that can only be done by rectifying one's intentions. What's interesting over here, he says, the purity or the rectification of the heart is only seen through the rectification of one's actions. Now, in our day and age, we have this, you know, concept

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of don't judge me, my heart is pure, right? So you can be doing an evil act, but they're like, my heart is pure Brother, you know, don't judge me. And I think there's a balance that needs to be adopted, where people shouldn't rush to judge others. But at the same time, we shouldn't fear judgment either. You'll notice that the only times we fear judgment is when we know we've done something wrong. If we know you've done something wrong, you're going to feel judgment. But if you know you haven't done anything wrong, you're not going to be afraid of being judged. So when you say, Don't judge me, and you're afraid of being judged, internally, you know, you're doing something

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wrong. So why not fix that, rather than telling someone don't judge me. And at the same time, we should understand that yes, we shouldn't be judging people. But I bring this point up over here, because our the understanding of our predecessors was, the purity of the heart can only be seen through pure actions, you can't have a pure heart if you don't have pure actions. And now the chain that is developed is that pure heart comes from pure actions. Pure actions come from pure intentions. And this is the chain that needs to be developed, that always focusing always focused on having pure intentions. Then once your intentions are pure, make sure your actions are pure. And

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when your actions are pure, that is when your heart actually becomes pure, that is when your heart actually becomes pure.

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Now, why was the intention actually legislated? Why did Allah subhanho wa Taala legislate intentions? I want you to think about this for a second. What is the tangible, tangible benefit of knowing your intention? Why do you need to know your intention? besides getting larger and reward? What is the tangible benefit of it? Yep. Hey, sub What does that mean? That, you know, one. So it may be something to be a witness, either for you or against you, in the sense that someone does a certain act and then

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assuming there wasn't a retention, or we'd have the husband catch up, you know, people like say, Oh, this man did did for such a reason or lost 1000. So you need to have such a reason, you know, and he says, No, I didn't write for such an intense

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I do but it's going back to the point that I was making besides reward and punishment. You know, what is the tangible benefit of one's intention? Meaning what is the significance behind it?

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friendship between different artists. Fantastic.

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Or is it the photo differentiated? Fantastic. So that is the first of them to differentiate between the acts, right? So you have one action. So you have multiple actions that have the same process behind them. How do you differentiate between those actions, it is through the intention is through the intentions. And then the second one behind them is to differentiate between that which is a ritual action, versus that which is an act of obedience to Allah subhanaw taala. So for example, a person can make hossen for multiple reasons, they can make ghosal from Genova, they can make hosel because of the Sunnah of the Prophet sallallahu alayhi wasallam, they give me hosel, just to purify

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themselves, mentally, I just feel like being extra clean, or they gave me a whistle. It's a hot day, you know what, let me cool down by making a whistle. So all of these actions are going to be exactly the same, that are putting themselves in water or covering themselves in water. What's going to differentiate the reward in all of them, is the intention behind them. So the ritual action becomes an act of worship, with the intention behind it. So the two main objectives are the two main objectives of legislation behind the intention is one is to differentiate between that which is an either from that which is in a bother me that we've just done ritually versus that which is done as

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an act of worship. And then number two, to differentiate between the acts of a by themselves to differentiate to the acts of Eva them selves. Now, this leads us to our very first sub principle our very first sub principle, and that very first sub principle is understanding which actions require an intention and which actions don't require an intention. So the first principle states, that which is a bada within of itself, or more haram within of itself, requires no intention. That which is a bother wouldn't have itself or Muharram within of itself meaning impermissible with no itself requires no intention. So for example,

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that which is in the Bible wouldn't have itself, the act of Salah, the act of Hajj, the act of Vicar, these are acts of a bada within of themselves, right, there's no misconstruing that it can be done for another reason other than for the sake of Allah subhanaw taala. So in these acts of Eva are done, they don't need intention behind them, it is presumed that you're doing it for the sake of Allah subhana wa tada already. And that is why if a person makes intention for Voodoo, and he goes and he starts praying right away, and he says, Allahu Akbar, and then he starts to think to myself, man, you know, I didn't make an intention for my Salah at this time, then the fact that he made will

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do with the intention of praying, and that time for that Salah has come in already, suffices him from his intention, suffices him from his intention. Now, something that isn't an act of in the bladder with itself. For example, giving money to someone is not an activity by the window itself. I can do it give you money as a personal favor, I can give you money as Zakat, I can give you money as a loan, all of these things will have different intentions behind them. So that in order to be rewarded, needs an intention needs an intention, then the second part of it is that which is mojarra, meaning that which is haram also requires no intention. What does that mean? So for

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example, can I sit here right now and make an intention, that I'm intentionally staying away from lying and backbiting and doing other things that are haram and expect a jet from Allah subhanho? wa Taala? And the answer to that is no, that is not something that you sit there and make an intent that I'm not doing those things, that intention that will only become president, if there's some sort of discrepancy, right. So for example, I'm saying something bad about someone, but for the sake of justice being achieved, or for the sake of a greater good. So even though linguistically, it may be backbiting but it's not going to constitute backbiting because there's a higher objective behind

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it. So the act which is Muharram requires no intention to stay away from either Is this something you do and you stay away from you don't have to have an intention to stay away, to stay away from it, you just stay away from it all together.

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The second principle that we will be taking, there's actually quite a few principles I was trying to find, you know, some of the more beneficial ones. The second principle is that when an intention is made, it has to be made either upon certainty or more than likelihood, either upon certainty or more than likelihood. So for example, when a person is about to bring

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They're fast, at what stage, can they break their fast, they can break their fast once they are certain that the time has passed, or there is more than reasonable doubt that it is time to break their fast, right, that is when that person can break their fast. So Islamic legislation is based upon those two key principles, understanding that which is certain, and understanding that which is beyond reasonable doubt, meaning more than likely, this is the case right now. And at that time, the actions can take place. Now, what are the levels of certainty, the levels of certainty among scholars can go anywhere from 16, two all the way down to four, and I'll share the four of them,

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that the scholars agree upon that these are the four minimum levels of certainty that every person will have. The first of them is a possibility, and this is what they call wisdom. So when a person has one, it means that there's a possibility of it happening, the number two is Chuck, a person has doubt of it happening, then the third of them is well, but avoid that without you know, with with reasonable, you know, beyond reasonable doubt, this is the case and then the third of them is yaqeen certainty, and this is when you have certain knowledge that you know this is this is the case, this is the case. So now when the intention is made, an intention should only be made, when there's well

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both have been beyond reasonable doubt or their certainty, the intention should not be made before that the intention should not be made. Before that.

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Let's get to a real interesting one, which is the one I was talking about after a Salah, which is where a person who Hastings in trying to achieve something without shadow he weighs without, you know, religious means will be prevented from attaining it. A person who tries to achieve something in haste without using the legislated ways will be prevented from achieving it. So the example I gave after Salah was a son is really poor and he wants his dad's inheritance money. And he's like, my dad is 105 years old, he's taking too long to die. Let me just go ahead and kill him to get his inheritance. Now the issue we were discussing here is not his, you know, this is killing become

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permissible. No killing is always going to be Haram in this case. But what we're looking at is will the Sharia allow him to have his inheritance or not? And the answer to that is no, the Sharia would not allow him to have his inheritance. Because his Nia here is completely corrupt. He's trying to bypass the way of Allah subhanaw taala. And this is exactly what Benes Raju did in the past that if you look in social Bukhara, when Allah subhanaw taala talks about them. Let's find what Allah prevented them from fishing on Saturday. So what did they do? They put out their nets on Friday, and they worked on gamma to their fish on Sunday. So did they technically do anything wrong? The action

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wasn't wrong, right? The action itself is not wrong. Allah told them not deficient Saturday, they didn't fish on Saturday. But what messed them up was the most malicious intention. Because they knew that what Allah subhanho wa Taala wanted from them, but their the their love and desire, got the best of them. So they'd looked for a shortcut in the Sharia of Allah subhana wa Tada. So in this case, when the person is looking for loopholes in the Sharia, and is looking for loopholes to go against the Sharia of Allah subhanho wa Taala to achieve something that he desires, then the Sharia would not allow them to have it. Let me give you another example related to this is a person that is

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dying, right?

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You know, we have this bottle, his name is Mohammed, Mohammed is dying. And he has a brother, whose name is Mikhail, okay, the microphone, Muhammad and Mikhail they don't get along whatsoever. So as Mohammed is dying, he says, You know what, I only have $1,000. And I have no one inheriting from me, except for McCain. So why don't I do this, that in my sickness of death, I'm going to give all of my money away in South Africa, so that Mikhail isn't inheriting anything from me, it's going to be extremely difficult to prove this in court. But if we can be proven that Mohammed gave away all of his money, so that McCain wouldn't inherit anything, then this would not be allowed, and Mikhail

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would be forced to inherit from his brother in that situation, he would be forced to inherit from his brother in that situation. Why? Because he's trying to look for loopholes within the city. And he's trying to bypass the natural process of Allah subhanho wa Taala. He's trying to bypass the natural process of Allah subhanho wa Taala. I'll give you another example of this in the city. So in this area, we have one a husband and wife are getting divorced. For the first time if they get divorced. They can come back within the period of the either and no marriage contract is required. If the

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The passage is over, they're still allowed to get married to one another, but a new marriage contract is required. A second time that happens, the same thing is allowed. Now the third time it happens, then this talaq is called follow up when buying that this talaq is separating the lock is a divorce, which is separating. And what needs to be done that that time is at that time, the woman will naturally needs to get remarried, and will naturally need to get divorced. And then if she gets divorced, then the original husband and wife can possibly get married at that time, if they choose to do so. Now, in this case, the husband and wife, they're constantly arguing and bickering. And the

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husband is constantly divorcing his wife. And always he realizes, you know what, I've done something wrong, I shouldn't do that. So the third time comes around, what does he do now, he tells one of his friends, look, I will pay you money, marry, my wife, divorced her. And so I can re marry her again, something like this in the Sharia would not be allowed again, because Allah subhanho wa Taala said, our set process and you're trying to surpass that said process with your evil intention over here with your evil intention over here. So, whoever tries to hastin and achieving something without the legislated ways will be prevented from achieving it will be prevented from achieving it. So in this

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case, the husband and wife, even if she did get divorced and married again, because this was their intention, they wanted to be allowed to achieve it, they wanted to be allowed to achieve it. That was principle which one number three or number four? Number three, so we have two more to take inshallah,

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Principle number four.

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That which comes secondary is more pardonable than that which is primary that which is secondary, is more forgiving, and pardonable than that which is primary.

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What does this actually mean? What is the ruling on eating dead meat? You find the dead meat what is a ruling on eating that meat? It is haram right? No one just agrees with that. Now, during the time of the Prophet sallallahu, alayhi wasallam. They were one day slaughtering a cow. When they slaughtered this cow. It was a female cow that was pregnant. And when they slaughter the cow and they opened they they opened up the cow they found this dead baby cow insight. The Prophet sallallahu alayhi wa sallam said, the cattle Janine the cattle on me that the slaughtering of the baby cow is in the slaughtering of the mother. So as long as the mother was slaughtered properly,

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then there's no need to slaughter the baby cow because the baby cow was already dead at that time. So while the general ruling is that you're not allowed to eat dead meat, in this situation, where the dead meat was not the intended goal, and the mother cow was the intended goal, then that which comes tagged on with it becomes permissible as well, that which is tied onto it becomes permissible as well, you guys understand that scenario. So now let's take something even, I guess more tied into this day and age, the regular ruling on insurance, any type of insurance is that it is not permissible. This is a default ruling on insurance. The reason that is, is because when buying and

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selling takes place in Islam, you have to have a tangible product that you're buying, or you're buying a service. So insurance, you're not buying a product or a service, you're buying a hypothetical scenario that if this was to happen, then this is what I will get in return. And this is what they call vanilla, meaning that there's no defined product on the dough define terms of sales that are present. So now, if you want to buy insurance straight up and wanted to be allowed, however, a person goes to a store, let's just go to Apple, okay, you're going to buy an Apple phone, an apple,

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iPad, you know, a MacBook, whatever you're buying. And these tell you, hey, for an extra $89, we will give you Apple care for, you know, a year or two years or whatever their terms are. And is this a separate contract? No, this is when you buy the Apple product itself. This is an add on to your product. So that add on to your product is something that the scholars have considered Princeton have considered permissible. So now there's no consensus on this, but a lot of scholars have considered it permissible. Why? Because the primary product that you're buying is a product which is permissible, then the added on product, even though it may not be permissible within of itself. As

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an add on, it does become permissible as an add on, it does become permissible. So in these sort of contracts, it's very important to look at what is primary and what is secondary and the way that is defined in

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Through one's intention. So going back to the Hadith of the cow, when they're slaughtering their primary intention is to slaughter the cow, the mother cow, they didn't know about the Janine insight. Now, when

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is added on? deposit, Selim said that the sacrificing or the slaughtering of the mother is sufficient in the slaughtering of the baby. Right. So this is how that principle is applied that this is how that principle is applied.

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I have one more for you, I just want to know which one I should give you

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will we'll call combine two of them together, we'll combine two of them together. So, this principle is going to state that the objective in words are based upon the one that is saying them, the objective of words, is based upon the one that is saying them, except in the case of the one who takes the oath, except in the case of the one who takes the oath, then it should be based upon the one who is requesting it, then it should be based upon the one that is requesting it. So, what does this actually mean? what this actually means is that when you are speaking, people are responsible for understanding what you are saying and what you're intending. If they miss understand, that is

00:31:25--> 00:32:09

their problem, and not your problem, except in one case, and that is when the person is required to take an oath. And when you're required to take an oath, then it should be upon the understanding and the intent of the person that is requiring this oath, or requesting this oath. So we see multiple examples of this from the story of Ibrahim alayhis salaam, Ibrahim alayhi salam, when his king was when they when the king was about to take away his wife. He told the king that this is my sister, meaning sister in faith. The King understood that it is not his wife, and it is a sister, so he let her go at that time. Likewise, in the spirit of the Prophet sallallahu alayhi wa sallam, when

00:32:09--> 00:32:48

they're making the hedger, the man kept on asking him, Where are you from? Where are you from? And the person responded by saying, and I mean, that I am from watcher, meaning that's what linguistically it means. But when the man understood Ma, he understood a place from Iraq, at that time, a place from Iraq, that he understood that that is where he was from. So did Ibrahim Ali said I'm in the process saddam say something, which is haraam did they lie? The actuality is no, because they are not responsible for how people understand them. And the exception of the case where you're required to take an oath. So I tried to think of an example on the car right here, but I couldn't

00:32:48--> 00:32:50

think of an example. So

00:32:58--> 00:33:05

okay, so helped me work through it helped me work through this in my mind, a person sees another person taking

00:33:06--> 00:33:14

their wallet, okay, a person sees another person taking their wallet, they bring this to the judge.

00:33:15--> 00:33:15

And

00:33:18--> 00:33:19

actually, this is going to get too complicated I

00:33:21--> 00:33:35

need help me out here. Man, you remember the example we took in class? What is an example when we were saying that the, the, the wording should be according to the meaning of the person who required the oath? I'm trying to think of the example that we took. Sorry, go ahead, give me a simple one.

00:33:38--> 00:33:44

If you take the cookie from the cookie jar, and you say, and they say, say, Well, why did

00:33:45--> 00:33:45

you say well, white

00:33:47--> 00:33:50

people is referred, because they will not like

00:33:51--> 00:33:55

that you did it. But the wording is just to see,

00:33:56--> 00:34:36

I find let's go on that. But I'll give you a better one. Okay. So a person takes another person's cookie, and they're brought to court and the person is like, do you have any proof and he says, I saw him take it. So now the person that is being accused, he will be, he will say he will be asked to say what law he said, Now this person says, what law he didn't take his cookie, because in actuality, he felt that he took his cracker and not his cookie. Right. So in his mind, he's thinking, I can get away with this because I feel it is a cracker, and not a cookie was the person that had something stolen from them. To them, it was actually a cookie. So over here, it doesn't

00:34:36--> 00:34:45

matter what word he's actually using. It has to be upon the intention of the person who is requesting the oath and has to be on the attention of the person that is requesting the oath.

00:34:46--> 00:34:51

Now related to this, as well, in terms of the intentions behind words,

00:34:53--> 00:34:59

a person over here if he's constantly saying things which can be misinterpreted in the wrong way.

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

Even though they may not be factually a lie, then he has no one to blame but himself at that time like this is one of the principles of Hadeeth. That if you're constantly using Tonia, Antonia is the act of deceiving people through your words, and you eventually be called a liar. You have no one to blame except yourself. And the general principle is that this form of toja should only be used in terms of necessity should only be used in terms of necessity, right? There are certain instances where you'll be forced to, like we see in the example, Ibrahim Ali Salaam, and the Prophet Muhammad Sallallahu Sallam use totally at that time, and it's perfectly fine. We'll take questions after

00:35:34--> 00:36:09

inshallah. And that's perfectly fine. But when it's not a general, it's not a necessity or a need, it's best to stay away from it, it's best to stay away from it. Now what I want to discuss with you and this is the last thing is the issue of lying within of itself. Right The Prophet sallallahu alayhi wa sallam, he allowed lying in certain instances, he allowed like, when you're trying to reconcile between people, so two people that are fighting amongst themselves, you go up to them, and he's like, Hey, you know, that person has been saying really good things about you. And they want to reconcile, even though they didn't see it. But you're doing this to in hopes that they'll come

00:36:09--> 00:36:49

together and amend with one another, and also between a husband and a wife. Right? Those are like very sensitive issues. Right? You know, a wife asked, you know, how is my cooking tonight? Or how do I look today, like, in those situations when she's ultra sensitive, or having a really bad day, in that situation, a small lie to prevent a greater fight and a greater catastrophe with something that would be permissible, and this can be towards the wife and towards the husband, as well. And then likewise, when people are in a state of war, than the apostle, Southern permitted line, because he said that war is deception. So for the sake of protecting protecting one's country and protecting

00:36:49--> 00:37:34

one's land and protecting one's people, the lying in that case, where one gets caught, is not a problem at all. So with like, and these exceptions that we see, how do we understand the principle which is a near to salejaw lotto Sneha laminal facet? How do you understand the principle that a righteous intention will not purify a bad action? Right? Because Isn't this what we're seeing with the Prophet sallallahu, alayhi wasallam, that deposits are missing that this is the general case rule that lying is haram, and it's a major sin in Islam, and needs to be still stayed away from, except in these cases, where it seems that there's an overall good and that the intention is good,

00:37:34--> 00:38:20

and therefore it would be allowed. So it's important to understand over here is that this is a general principle that good intentions, will not purify bad actions, except in those cases, where one of two things is happening. Number one, you have something which is one source, meaning something which is explicitly mentioned in the Sharia, like in these cases, of like, like in these cases of like, these are monsoon meaning that they're specifically mentioned, or number two, is that it is not something that is specifically mentioned, within the Sharia. But the type of good that is being attained is recognized by the city, and that there is no harm that is taking place at the same

00:38:20--> 00:38:54

time. And there's no harm that is taking place at the same time. And that second case scenario is that that which requires, you know, he had, and fuckery to actually look into this matter to make that decision. So for us to make this, you know, do understand this principle, that the general case rule is that if you have something bad, it's never going to become good, with a good intention, right? If something is hard on, it is hard on no matter how pure your intention, with exception of very few rules, with the exception of very few rules.

00:38:56--> 00:39:02

And that is all that I had for tonight. So if you guys have any questions on what we discussed, we can discuss that. But

00:39:03--> 00:39:13

that one should not be ambiguous in his each on the system necessity. I didn't say ambiguous. I said deceptive? Yeah. Yeah.

00:39:15--> 00:39:15

Okay.

00:39:16--> 00:39:17

With that,

00:39:18--> 00:39:20

with us, as

00:39:23--> 00:39:56

a creation of EU apply the thought that the general story about these three, right, does not count as a form of law. No, that doesn't count as a form of life. Because when he says, and I don't know if it was him, I'm shocked. But I know he's famous amongst the scholars of Hadith, that they said the Torah, the Injeel and xboard. You know, all of these three are created, you're referring to their fingers, they're not referring to the actual books themselves. And that was in times of necessity as well. Why? Because if they didn't make that statement, they would have been being imprisoned or they would have been, you know, physically harmed. So that's what I was saying is that

00:39:56--> 00:39:59

those sort of statements should only be used in the cases of where there is

00:40:00--> 00:40:35

reason to do so. Right? Certain people will develop a bad habit of just being deceptive for no reason. Right? And that's what I'm trying to say is that, even though according to the Sharia, you're not doing anything wrong by because you're not lying. But this being actually deceptive is something that should be stayed away from, because it deters trust in the desert deters the relationships from developing. That's the point I was trying to make. Yeah, go ahead. So if you have the intention of giving somebody money, yeah. Like not as sadhika. Yeah. You know, that they're like, after a while you realize they're not able to pay you back? Can you change your intention and

00:40:35--> 00:40:37

make it so the car?

00:40:38--> 00:40:41

Can you? Can you pardon the debt? Is that what you're trying to say?

00:40:42--> 00:41:06

Yeah, I think that's a lot easier to do than to change the intention. The general ruling is that intentions shouldn't be changed unless there's a reason to do so. Right. And that is the only time intention should be changed. But in this situation, can you pardon the debt? Yes, there's nothing wrong with pardoning the debt. And that is something that is actually encouraged to do. And if you're able to pardon the debt, then that is the best thing to do. And show. I gotta have another question. But the same question with different examples. Sure.

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

Yeah.

00:41:11--> 00:41:22

Before the thought, right, so you got to pay for a car. But then next thing, you know, people start lining up and you're in the middle of, you know, you just finished the second that I've got, can you kind of short and then just, you know, Ginger

00:41:23--> 00:41:25

sort of has like a gentle question.

00:41:27--> 00:42:03

instead of stopping the salah and then getting up and joining, or do you have to just keep going with that for and I understand what you're saying. So I can tell you a safer approach. The safer approach is that when the photo is being established, is that you break your Sunnah and you're in the waffle prayers, and you join the fourth pillar, that is the general case scenario of what is meant to happen. Certain scholars have taken another approach, they're like, if you're already praying for and you're in your first silica, and their joy, they're just about to start. So as soon as they start, you can actually just join in with them without actually breaking your Salah. This is

00:42:03--> 00:42:36

a minority opinion, and very like the the general thing you need to understand is that when it came to the Salah, the position was very explicit, pray as if you have seen me pray. So when it comes to Salah, we want to try to emulate the things that the person either showed us or taught us to do. So now one can make clear upon the teachings of Islam and come to such a conclusion. But the safer approach is still better than the process. He has taught us that when the economy is being given, there is no Salah except the for the seller, and at that time, the companions were taught to break their salah and join the fourth Salah. so in this situation, that's what I would suggest is the best

00:42:36--> 00:42:54

thing to do. Break your Salah, you will have your reward because of your intention already. And then you can make up the your Sooners after the fraud server, and that is the best thing to do. Right? So the general case scenario is that when it comes to Scylla try to pray as much as the processor limited us in that in that fashion man. Yep.

00:42:56--> 00:42:59

The insurance one is basing it on

00:43:01--> 00:43:08

the cancer journey. Jenny McCarthy with me. Yes. But in that case, you have the the Janine, it's like it's impossible to slaughtering.

00:43:09--> 00:43:11

You can solder it once it's dead.

00:43:13--> 00:43:14

I'm saying it still can be done.

00:43:16--> 00:43:20

I understand that. But I'm saying it's still can be done. But your point is moved over here.

00:43:24--> 00:43:26

You can still do it if you want to is what I'm saying.

00:43:27--> 00:43:30

I mean, there might not be a point behind it, but it can still be done.

00:43:33--> 00:43:34

What was your actual question, though?

00:43:37--> 00:43:39

case of the tower?

00:43:40--> 00:43:50

Peters. Yes. It's not possible. Like the point I'm trying to say is when most likely find the fetus dead? Mostly normally. Right? Correct. And the

00:43:51--> 00:43:56

point I'm making is comparing it with insurance thing is that

00:43:59--> 00:44:11

I think that maybe you're trying to see that the mother and the cow can't be separated, whereas the product and the insurance can be separated. That's one of them, but not the main one. So let me go to another one. Think about it. We'll come back Go ahead.

00:44:13--> 00:44:18

Insurance is not health, insurance and product is correct.

00:44:19--> 00:44:36

insurance on product itself is also not allowed. However, it comes at the same time as the product and your primary intention is not the insurance, then it would become permissible. combining those like automotive companies, they can do a lot of insurance like so for example, auto insurance, home insurance,

00:44:41--> 00:44:43

life insurance, I would

00:44:45--> 00:44:46

consider them

00:44:47--> 00:45:00

so I mean, each one of them will take a separate ruling like auto insurance. You can't own a car without auto insurance, right? It's illegal to do that. So they're for something which is a necessity for you because

00:45:00--> 00:45:34

permissible for you due to it becoming a necessity. And that's something we'll be discussing in a later class, that when you have a time of necessity, then even that which is impermissible becomes permissible for you. So that's the case with the auto insurance. With the case of the home insurance, the general case scenario is that it wouldn't be allowed at all, because there's no benefit to the home insurance. Other than this, you know, hypothetical case scenario, where one in 1000 chance or one even less than that something might happen to your house. So rather than you paying out of your own pocket, someone else is going to pay on your behalf, so that the house

00:45:34--> 00:46:09

insurance I feel even less comfortable with. So I feel even more comfortable in saying that it is haram and staying stayed away from one of the group of scholars called Anja the assembly of Muslim jurists in America, they said the only time house insurance would be allowed is if a person lives in such a climate where their house is constantly being damaged. So for example, you live in like the Florida Keys, we're literally in the summertime, there's a tornado like every month, and there's a huge chance that every month your house could be get damaged, and you can't keep repairing it. So in that case, due to the over whelming harm, and due to the likelihood of the incident taking place.

00:46:10--> 00:46:39

They said that the garage or the was how did we define the gutter, the unknown, it's not just an uncertainty, but the undefined ness of the contract, you know, is eliminated because it's happening so likely. As for the employment insurance, then to the best of my knowledge, this is something that is enforced upon people, if you have a full time position, you don't have an option to opt out of employment insurance. And it's something that's imposed upon you, and therefore something that is imposed upon you, as a ruling of that which is permissible, and Allah knows best. Go ahead.

00:46:41--> 00:46:42

The last issue like

00:46:43--> 00:46:51

insurance, which comes to downplay the choice, like 20% 30%, are the basic medical benefits you're talking about?

00:46:52--> 00:47:14

No, I'm talking about the Employment Insurance itself. So example, if you were to get laid off, then you will get money from the government, I think up to 70%, if I'm not mistaken, 75% 55% up to 55%, or whatever your salary was, they will continue to give you up to nine months. That's what employment insurances medical insurance, it comes.

00:47:15--> 00:47:57

By default, I get like, some certain amount, right. So anything that comes by default, and something that is imposed upon you is going to have the same ruling that if you have no option to opt out of it, it is something that is permissible for you. Funny, but yeah, since it's coming, like I got like three options like 25% 55, or 70. person, if I take a sort of 20, you could take 50 or 70%, do you have to contribute towards this. So in that sort of situation, the minimal requirement to fulfill is what what should be taken, unless there's another reason, unless there's a reason to say otherwise, unless there's a reason to say otherwise.

00:47:59--> 00:47:59

So

00:48:01--> 00:48:11

I'll give an example in the States, right, so employment insurance, or medical insurance in the States through your company, they'll have the same things you can choose, you know, the percentages, and

00:48:13--> 00:48:49

your your in the case scenario where you and your wife were just constantly having children back to back, right, as just one child after another and each child, if you're not using the insurance, it's like 10,000 $15,000. So if you took the 70% insurance, then 70% of that is covered, even though your premium that you're paying is a bit higher. So in this case, where you know that you know, Allah has blessed you with like a strong progeny and you're having one child after another, some scholars would allow you to take that 70% just to save that that damage, because you know, more than likely it's going to keep happening. Right? So that would be like one example of it. Well, Allahu Allah,

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

many back to you

00:48:52--> 00:48:52

when I'm

00:48:55--> 00:49:06

speaking and trust implicitly because of luck, Correct, correct. So now, this principle comes in the sub principal dimension, yes. So how do we figure out the issue but how do the scholars still

00:49:08--> 00:49:09

do the use of other issues who

00:49:11--> 00:49:45

knows who says haram Even then, then the issue of letter still being present is an issue but the issue of you know not every type of Haram is going to become huddle except in times of need or necessity, right? And they said over here is that how what is the likelihood that you need this, you know, insurance where your product is not at the level of need, and it's definitely not at the level of necessity, then even then, the Gara that is in it is too great to overcome the permissibility of this.

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

That the even like genders This is going to be sound very controversial, but insurance window itself being haraam is something that is agreed upon by all scholars, right. With the topic of money. You give up

00:50:00--> 00:50:24

fertilizers permissible to deal with insurance. So, when you understand this concept of a garden garden is something that is undefined and it will differentiate from place to place time to time and customs of the people. So, based upon that, they said that this water is undefined and the policy zone is showing us that something as big as eating Mater can be pardoned, then water is even less than that. So, when it comes down to the cat

00:50:25--> 00:50:37

comparing between the sins of taking the transaction to a security meter, you say you can meter is a bigger problem is a more clearer problem. Yes, yes.

00:50:39--> 00:50:51

last three questions. So, last three questions right. Here insurance, sorry, like the product and insurance Yeah, can you do it like this is that one year? Can you go back?

00:50:52--> 00:51:05

No. So, once that original agreement is over, it cannot be renewed separately. So whatever is agreed upon in the first insurance, that is what is has what is permissible for you renewing of it would not be permissible for you, Allah Allah was the second person

00:51:07--> 00:51:11

buying a house with indigenous reselling it after two years. Yeah.

00:51:13--> 00:51:15

For that three years period, right.

00:51:17--> 00:51:19

Is this does this have anything to do with intention?

00:51:21--> 00:51:53

Two years down the line for selling real estate in that house? So is that permissible? Okay. Right. So the first first your intention was to sell the house, and then your intention changed, you know, I'm not going to sell the house, I'm going to keep the house. So the cat is only do when it's a commodity, and it's suddenly to be sold. So during the timeframe where it was a commodity and you're suddenly you want to sell it, the cat is due at that time. But once your intention changes, then you don't have to give the cat on it anymore. I'll give you another example of this. The example of

00:51:55--> 00:51:56

No, I have Amara,

00:51:58--> 00:52:32

a person is going to Jeddah for a business meeting. Okay. And after the business meeting, they will have an opportunity to go for Amara not i'm not saying they made the intention, but they will have an opportunity to have two or three days left to go if they want to go for ombre. If they make the intention that they want to go for Amara, then that means they have to put their head on before the person cuts, right. However, if that intention is not made, until after the business meeting is over, then they put on there, how long from where they are, then they put their head on from where they are. And this is the same thing that would happen over here that while their intention is to

00:52:32--> 00:52:57

sell this cat this deal, but once the intention is changed, then this guy does no longer do and I think it's even more difficult. If it's the opposite. Where were your intention was let me buy this house and I'll keep it for two years. And then after two years, you made the intention. Okay, now I want to sell it. Do you have to pay the previous Zakat on it? And the answer is no. Because the intention to sell wasn't there as a cat only becomes do when it becomes a commodity when that is when the intention becomes present. mamajuana

00:53:00--> 00:53:03

is it permissible to change intentions?

00:53:06--> 00:53:08

Can you think of something in particular?

00:53:09--> 00:53:13

There's so many being in Canada and coming from a Muslim country.

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

That's too complicated. I'll do something simpler for you. So a person comes into the masjid in the Ramadan. And they're like, you know what? It's really hot outside. I'm really tired. Let me just sit in the masjid for a while. And while they're sitting in the masjid, the hearer a reminder about the virtues of etiquette, and how you can make etiquette for even when our suits intention when coming to the masjid was just to sit and to relax in the masjid. But then he changes his intention. You know what, let me change my intention to ethic if this is something that would be permissible, and there's no doubt in that whatsoever. As for what you're saying? There's a much bigger discussion

00:53:52--> 00:53:54

that needs to take place. Because

00:53:55--> 00:54:01

I'm asking this because the reason you came to Canada I didn't have intention to come to Canada.

00:54:03--> 00:54:03

Right.

00:54:05--> 00:54:19

Right. I think that is on the Asahi, how would they know itself? That is any assadi How would they know itself? 30 will conclude with that Allahu Allah Allah sallallahu Sallam erotica Nabina Muhammad wa ala alihi wa sahbihi wa sallam panna cotta humblebee Hamza shadow nylund