Taleem al-Quran 2010 – Juz 03 – L038C
Channel: Taimiyyah Zubair
File Size: 8.78MB
Al-Baqarah 282-283 Word-Analysis and Tafsir 283
Bismillah Ar Rahman AR Rahim.
Lesson number 38 will begin from Isaiah 283.
What in kuntum is suffering. And if you are on a journey, when I'm dead, you do cat even, and you cannot find a scribe
in the previous ayah, the ayah. Today, we learned that whenever the payment of a transaction is deferred, whether that payment is a price for an object that is purchased, or that payment is rent, or that payment is a model that a person has to give, and if the payment is different than what should be done in that case, that contract should be written down. And it should be written down by a third person by a Khatib, a scribe. And at the same time, do witnesses should also be there to witness that contract. So that later on, there are no misunderstandings, and hence, relationships are not affected.
Now we learn that if a person is traveling, and he's borrowing some money from someone, or the payment of a purchase is different, what if you cannot find a third person to write down the contract for you, then what's going to happen? Are you not going to write it down?
Okay, yes, it's not mandatory, but it's highly recommended. And let's say the person who is lending you the money or the person, the creditor, he wants some guarantee that you will definitely return the money to him, then in this situation, what should be done for the handle mockable then a security deposit should be taken
should be taken by who by the creditor, the word of the hand is from the root letter, his or her name.
And remember, this is not the name of my hand. Okay. That's right hand this is the hand. The hand is from Ron O'Hanlon. And the word Ron is used for literally it means hips, what does it mean hips, which is to retain something or ohana is to remain or to last,
basically, around, or Rehan, both words are appropriate over here you see the word of the head. and elsewhere you will see the word run even you will find that I use the word run a lot. So run and Rehan both are the same thing. Basically, it is something that is given to the creditor, as a guarantee.
It is something that is given to the creditor that is deposited with the creditor temporarily, as a guarantee that the loan will be returned to him
as a guarantee that the loan will be returned to him. For example, you wish to borrow something from your sister.
She says, You give me your favorite bag. And then you can have this. As soon as you return this thing of mine, then what's going to happen? I will give you your bag back. Why does she want the bag
to make sure that she gets her thing back.
And sometimes a bad might also be of equal value. I've heard this a lot that over here in schools, what happens is that children when they borrow a lot from their teachers, pens and pencils, and when they don't return what do the teachers do? They take their shoe, I will keep your shoe, you take the pen, when you're done with the pen, you give me the pen back and you take your shoe back. So that shoe is what a guarantee that the teacher will get all her pens back. Otherwise, within a few days, all her pens are gone. So the hand
is a security or a guarantee that is pledged for the repayment of a loan that is pledged for the repayment of a loan.
And you may have heard of the word mortgage as well.
Rehan is also a mortgage, what is a mortgage, it's a method of using property as security for the payment of a debt, that I will deposit this much money to you and I will make sure that I will return your loan to you I will give back the loan to you if I don't this thing is yours. And if I do, then you return this thing back to me. So over here unless that's funny handle, then Rehan a pledge a security a guarantee a security deposit and this security deposit is going to who is going to the creditor because the debtor is taking a loan he is borrowing and he is saying okay, you keep my car. When I returned the $20,000 back to you. Then you give my car back to me. So this security
deposit is going to the creditor and this security deposit. Allah says
It is mockable de moda is from pub and what does it mean? To see something to grab something to hold on to something. So maka Buddha, meaning it will be fully with the creditor,
the debtor is going to completely hand it over to the creditor,
he cannot say, Okay, my car is parked in my house in my garage. If I don't return the money to you can take it from there. No, the car has to go from his garage to the creditors garage,
the creditor, he will fully habit it's Buddha with him, it is in his control in his possession. Now when it comes to travel, what does Allah say? If you don't find a scribe, then deposit a security deposit with the creditor. Now, why is travel only mentioned over here. Because if you think of it, generally, when people are traveling, then they don't know as to where they can find different facilities, different things. So obviously, when a person is traveling, it's possible that he cannot find describe.
And sometimes during travel, suppose you're traveling on a train, you desperately need money for something and you don't have it, the other person is a stranger, how is he going to know that you're going to return the money to him, you say okay, keep my jewelry, keep my luggage. And as soon as I return this money to you, then you give my jewelry back to me. It's a way of trusting each other. Because obviously when people are traveling, they're strangers to each other. They don't know each other. so in this situation, Allah says use the reason. Even our vessel design has said that even if the people they find a scribe, but they don't find ink, or pen or paper, and they cannot document
it, then even in the situation at hand can be given. So sometimes you will find a cut, but you don't have the means. So we see over here that this Rehan is not just applicable in the case of travel. But in the case where a cat it cannot be found.
Suppose you're at home, and you can't find a cat. If
you're not traveling, you're at home, you can't find a cat if you're just driving around in your own city. And all of a sudden you need something. You're at home when you want something from your sister. And there is no cat or there are no witnesses, or the creditor just wants some guarantee, like your sister. If you're dealing with her, you don't necessarily have to write down the transaction, hire Kathy and hire witnesses and do all the things just for an exchange of a bag. That's a bit too much. But your sister just wants to make sure that she's going to get her bag back. So what are you going to do? give her something to keep.
So the Rehan should be given.
We learned that it's mentioned in Bukhari and Muslim. And so there are who said that the Messenger of Allah sallallahu Sallam died, while his shield was pledged with a Jew. It was maamoun widow with a yahudi in return for 30 was sick of barley 30 was about 180 kg.
So the Prophet sallallahu Sallam died, while his shield was with him with a Jew. Why? Because the Prophet sallallahu Sallam had borrowed 180 kilograms of barley from him. And because he had deferred the payment, therefore, what had he done, deposited his shield with him as a guarantee.
So we learned that the Prophet sallallahu wasallam did this even at home, not just when traveling. So this can be done, not just when traveling, but also at home. Now, when it comes to the home, there are four things that are involved. When it comes to a rehab or a home there are four things that are involved. First of all, there is who is the right one, the one who gives the wrong meaning the debtor, the one who is taking the loan, the one who is borrowing something, the one who is deferring the payment for something. So, what is he going to do? He is going to give a run to the creditor. So the first thing is that
the second is more to him, Who is the most the creditor, the one who will keep the run?
The third is the run and what is
the thing which is deposited as a security and what's the fourth thing the more Hoon B, what is the more Hoon v the amount which is taken in exchange for the loan. So basically it is the loan or the payment that is deferred.
So what are the four things that are hidden the debtor, the motor him, the creditor, the run the object that is given a security deposit, and then more Hoon V, which is the payment that is being deferred or the loan that has been taken because of which you are giving the run.
Now when it comes to that, when it comes to the security deposit, so for example, you want your sister's bag and your sister says, You give me your bag, when you return my bag, I will return your bag too. Now you have borrowed your sister's bag.
Now, why your sister has your bank? Can she use it?
Can she use it?
No, she cannot.
She cannot. Similarly, if a person has borrowed $20,000 from someone, and he deposits his car as a security, the creditor, can he use that car sitting in his garage, it's an Amana.
We learn that when it comes to a person, the creditor, he cannot use it. Why? Because the actual owner of the home is still who
it is still the debtor,
he is still the actual owner, it is what the creditor only for the time being only until the loan is returned to him. So it actually belongs to the debtor. It doesn't belong to the creditor, the one who is holding on to it temporarily, he doesn't become the owner. And this is why he cannot use it.
And if the wrong is such that it requires some maintenance and care.
For example, it's an animal, for example, it's a cow, you have to feed the cow that look after the cow. So if you feed in the cow, you're looking after the cow and the cow can be milked every day. Now, if you milk the cow and you freeze the milk so that, you know when the person comes back, when the data comes back, are you going to give that milk to him? No. If you're maintaining that volume, you're looking after it your money and your time is going in looking after that particular thing that particular run, then you may benefit from it.
So for example, the creditor the motor home, he may milk the cow and benefit from the milk.
Similarly, if it's a horse, and he's looking after the horse, he's feeding the oars. And if a horse is just kept in the stable, what's going to happen? What's going to happen, it's not going to be able to run fast anymore. So it has to be taken for runs. So therefore if the person uses that horse, within reasonable means, obviously, then it is permissible.
And if the run is something that brings some benefit, if it's something that brings some profit, like for example, the cow gives birth to a calf, then that calf also belongs to the debtor, the original owner.
And if a person does not give it to him, or if a person takes benefit from that run, or he uses it, without there being a genuine reason for using it, for example, it's not the case of the car. It's a car that is parked in his garage, it's a very nice car, it's a new car, the latest model and he says let me just show off in front of my friends, I have a new car. So if he does that, then that benefit is Viva
that benefit. What is it? It is river, it is interest? Why? Because what is river could look around in Java Neff on any loan that brings with it enough a benefit that is referred
to if he uses it, if he benefits from it unrightfully then that benefit that use comes under Riba
so this is the instruction that we have with regards to the lawn.
So over here, law says that if you're traveling and you can't find a cat, or if you're not even traveling, you can't find a cat or the creditor just wants some guarantee that you are going to return the loan to him then in this situation something can be deposited as a security by the debtor with the creditor
and remember that there is a condition on this that when I will return your money to you then you return my home to me
this is understood for in Amina barbu combat
for him then if I mean he trusted, I mean it's from Amman and Amman means peace and I mean I get money is to trust someone it is to interest another with some duty or with something. So, I mean above some of you trust Baba other you trust one another meaning the creditor trusts the debtor that the debtor will return the loan to him and therefore he does not find it necessary to take a security deposit. He does not find it necessary to take a one whether he's traveling or not. Okay for
Example. you're traveling with your own brother, with your own mother with your very best friend. And if you need to borrow something, it's possible that they asked you for a run. And it's possible that they say no big deal. It's okay. I trust you, I know that you will return it to me. Then what does Allah say? For you add the lady to Mina Araneta, who then he should pay? Who should pay a lady domina? The one who was trusted, who is being trusted over here, the debtor, and the borrower, the one who is borrowing, he is being trusted, he has been trusted with what the loan that he has taken, the payment that has been deferred. And what should he pay a monitor who has trust, meaning the
debt, the debt that has been given to him, he should pay it to who do the creditor, the person who he has borrowed from? Notice the word value, the value add the the LAN means should it's a farmer, and you add the is from the roof address Hamza Dahlia, from the word other, what does that mean?
to pay to hand over to fulfill, to execute to perform some value add the he should pay, he should return what the deck that has been given to him.
So many times it happens that a person is traveling or person is at home. And when he is borrowing something from the other, there is no Catholic, or the people don't find the necessity to record that transaction. And it's possible that the creditor and debtor both trust each other, their best friends to trust one another. so in this situation, Allah says there is no necessity for
what should be done is the debtor, the person who is being trusted, he should pay back the lone wolf, tequila robber who, and he should fear a law who is a law robber who has lowered his Malik that if he tries to run away, if he decides that he's never going to show his face to the creditor, again, he should remember that Allah is his law. Allah is his Malik and Allah will call him to account.
Because it's possible. Sometimes you trust someone and they run away. They don't fulfill their promise. They don't return the loan. You were being very nice. You were being very generous, but they don't care about you. They don't show up again. so in this situation, what does Allah say? Well, yet the robber who, the debtor, he should fear Allah, Allah, Who is his Lord.
Now remember that this part of the ayah for him, I mean about looking back over this part of the year, some scholars have said that this ayah has abrogated the previous eye as well, what is the previous ayah? That the I attain that in every situation, whenever there is a transaction, which the payment is deferred, what should be done, the contract should be recorded and there should be witnesses present over there. But then Allah subhanaw taala says over here that if both of you trust each other, the creditor and debtor trusts each other, then there is no need to record. There is no need to call witnesses. But the one who is borrowing, he should fear of law and return the Amana
which is why we find that we borrow things from each other, but we don't write down everything all the time. We don't Why? Because it's a matter of trusting each other. But Allah says over here, value delivered to me no matter who what you have taken is an honor upon you. It is an Amana upon you, therefore you should fear Allah and return that trust to the person whom you've borrowed it from.
However, it is definitely was the hub, it is definitely preferable. What do you record such transactions? Why? Because it's possible that you borrow something and you forget it, isn't it? You borrow something and you forget it, it happens? We're human beings or for example, you borrow something and the other person misunderstands as to exactly what you borrowed, he thinks that you borrowed two things, whereas actually you borrowed one thing and these misunderstandings, what do they lead up to
conflicts and the effect of relationships.
So, yes, it is not mandatory, however, it is highly recommended.
So, therefore, when it comes to the exchange, when it comes to borrowing or deferring payment of important things, it is very important that a person should write them down.
Now, remember that the loan, the security deposit, it can be taken in four situations. What are those four situations? First of all, on a journey, in the absence of a scribe,
when a person is traveling, and he cannot find a scribe, which is exactly what is mentioned in this ayah
Secondly, it can also be taken. If someone is at home, he is in his hometown. And there is no scribe,
you can't find a scribe.
How is it different from the first situation?
The first one is you're traveling you can't find a scribe. The second situations you're at home, but you can't find describe.
The third is that when the scribe has written down the contract, you find a Catholic, he has written the contract. But still, the creditor wants some assurance, the creditor, the lender, he wants some guarantee that definitely his thing will be returned to him.
So the categories there, the witnesses are there, but still, the creditor wants to make sure that his thing is going to be returned to him. So he says, Give me a security deposit. Is this permissible? Of course it is.
Then fourthly, it can also be taken on a journey that both a contract can be made. And a deposit can also be made.
When the person is traveling, you find a Catholic, the Catholic writes a contract for you find the witnesses. And on top of that, you also want a security deposit. That's also permissible. How is it different from the first situation The first is you're traveling, but you can't find describe the situation. The fourth one is you're traveling you can find describe the contract is made, but still you want a security deposit. So you understand the four situations. So in all of these situations, taking the run on the part of the creditor is permissible.
And if that option is not taken, why because the creditor and debtor trust each other, the debtor is trustworthy, then the debtor should remember that somebody is trusting Him, and therefore, he should fulfill the trust, he should return the manner and he should fear of loss primadonna
when I talk to my Shahada, and do not hide the evidence, do not hide the testimony, testimonies from kept me from the word kitman Katana, which means to hide something to conceal something, so do not hide the testimony. So for example, do people are called to witness the contract? And what do they do later on? They hide the testimony. They don't come and testify when there is a need. What does Allah say, led up to my Shahada Do not hide the testimony, do not conceal the testimony that you have, if you've witnessed it, then go and testify correctly. And sometimes what happens that people Google in the court to testify, but what did they testify? Their justification is false. It is a
false testimony. So Allah says, lead up to my Shahada. When I come here, and whoever hides it, for inner who human can go, then indeed, he is a sinner, in his heart, as human, I think is one who commits sin, what is committing sin kobu his heart, His heart is sinful. Whoever is concealing the testimony, what is committing the sin, His heart is committing?
Well, law will be met our Medina ID and Allah is Knowing of everything that you do.
Over here, law says do not conceal testimony. Why? Because hiding a testimony is a major sin. It's a crime.
In our best lives in our in who said that false testimony is one of the worst of the major sins. false testimony is one of the worst of the major sins, and such as the case with hiding the true testimony as well. One is to give false testimony. The other is to hide the truth testimony. Both are acts of same, both are of the major since we learned the Quran, Allah says well and Dr Boucher that Allah in either laminal me, and we shall not hide the Shahada of Allah, because if we do so, then we will be amongst the sinful.
So we see that hiding, testimony, concealing it is a sin. Because Allah says when you act on her, for inaho, as human.
Now what is the mean by this? For No, I think that his heart is sinful, His heart is committing a sin. What does it mean by that? This means that this person is a sinner in his heart. It's not just his limbs that commit sins. It's not just his tongue, that commit sins, but it's also his heart that commits since
we see that a testimony that is hidden
testimony that is concealed. Where is it concealed? Where is it concealed in the heart? So the locus of the testimony, where is the testimony, it is in the heart, therefore, when a person is concealing it, or when a person is giving false testimony, where's the problem?
In the heart?
Because the testimonies actually were in the heart.
And also, this has been said for another reason. And what is that? That when the person commits a sin in his heart, then what happens? The sin doesn't just stop there, isn't it? It doesn't just stop there. There are other sinful consequences as well.
So for example, if a person knows that the truth is something else, and deliberately, he gives false testimony, then what's going to happen?
He is making a statement of falsehood on his tongue. It started from where his heart, it ended up were on his tongue. And it doesn't just stop there. It goes on and on. So when a person commits a sin at heart, then it leads to other sinful consequences as well. This is why a human called boo has been said, why, for two reasons, because first of all, the testimony is in the heart. If he's hiding it, it's a sin of the heart. Secondly, because whatever the heart does, it has consequences. Like we learned from a Hadith, that there is a mandala, there is a piece of flesh in the body, it has an effect when it's good, Salah had Jessa kulu the entire body is good, what it affected and when that
particular multiple when that piece of flesh gets corrupted, then the entire just the entire body of a person gets corrupted and what is that model the heart because the problem starts from the heart or the goodness starts from the heart. For inner who everyone
and we learned in the hold on so little israa is 36 Allah says in the summer, while bustle well for other cuando una akena. In Houma, Sula, indeed the hearing, the sight and the heart, the hearing what you hear, the sight, what you see, the heart, what you decide, what you think, what you do, what you feel, about, all those, one will be questioned.
A person will be questioned about his hearing, about his vision, and also about his heart.
So we see that on the whole, yes, they will be questioning but particularly these limbs will also be questioned. Then Allah says, at the end, will law who be Martha Medina Eileen and Allah is Knowing of everything that you do. Notice how this ayah also concludes with the attribute of Allah subhanaw taala off of knowledge and the previous I also end with
with Nicola, where you are Lima Kamala, and over here also, Allah mentions his why. Because if the person remembers that Allah knows what I am doing, what I am earning, what I am borrowing, what I'm returning, what I am saying, what I'm thinking what I am doing, if a person remembers that Allah has written of everything about me, only then can he fear Allah. Only then can he obey Allah.
Only then can he refrain from disobeying Allah.
Will law who be mad are Muna it Allah is Knowing of everything that you do. And the moment a person becomes negligent of Allah,
that Allah knows and a person doesn't think about that doesn't care about that, then what happens
then do whatever you will.
When you don't have higher left when you don't have shyness left when you don't have modesty, laughter who have a lot of allies watching me, then do whatever you want. Then a person doesn't care about the laws that God has given the instructions that Allah has given
the last two minutes
let Dr. Moshe Hi this is something so important. Why? Because sometimes we conceal Shahada. Because if we go and testify what's going to happen, it's going to affect our personal lives. For example, a person witnesses a crime scene. And he does not report to the police or he does not go and bear witness or testify what's going to happen. The testimony is being hidden and with that the truth is being hidden. The criminal is being supported, and the innocent one, this is like your oppressing you. So sometimes, the Shahada is not just needed when it comes to financial matters. But it's also needed were in such situations where you have witnessed something. Sometimes we hide testimony, why?
because it goes against our friends. It goes against our friends, our family, those people who we love those people whom we like, and if we say something against them, then they're not going to talk to us anymore. They're not going to like it anymore. What does Allah say?
lacto Shahada. Why? Because whoever hides the testimony, for inaho, as the one elbow, then there is the same in his heart, and that same is not just going to stop there. It's going to go somewhere from there. Or people say it's not my business. I don't have anything to do with it. But we have to make the truth known. Because then what happens? injustice prevails in the society, people get oppressed, people don't get their rights. It's not fair.
Or people said, Don't say what you saw, you know, why are you being the teacher's pet? or things like that, we discourage one another. Whereas we know clearly that led up to Shahada because whoever does so he is sitting at heart, there is another ayah in the Quran, from which we learned that a person should not hide testimony, even if it goes against himself. Allah says in the Quran, yeah, even Latina Manu, Kanaka wamena will display shuhada and in the wello. And for SQL, I will validate while carabin or you will believe stand out firmly for justice, stand for justice firmly as witnesses to Allah, even if it be against yourselves, or your parents, or your kin. Even if it is
against yourselves, your parents or your close relatives still, what should you do stand up for justice, as you heard that for?
And when you just silently approve everything, when you don't go and speak out against the falsehood, or you don't go and you know, bear witness to that testify against that, then what happened to actually approving of it, you're part of it.
Okay. There is another situation in which you're supposed to hide other people's faults. Now remember, that if you see somebody copying off another person's assignment, when is that you go talk to your friends about it? Who can do nothing about it? Isn't it? Can your friends do anything about it? Maybe they can discourage. But then what happens? Everybody starts talking about it and their aid has been exposed. But if you go speak to the concerned person who can actually do something about it,
then liable Lahu Jehovah sui minako illa Muslim, that allows a panther does not like evil words to be uttered, except in the case of the one who is being oppressed meaning except to seek out justice. And even in that situation, you should only speak to those who can actually do something about it. It doesn't mean you put a an advertisement in the newspaper or send out an email or something like that, just do whatever is necessary to fix the situation. Because you see, if your intention is to fix a problem, you want to improve the situation of the person who is doing something wrong. Then you will not go fighting against them. You will do something that is actually going to benefit
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