Taimiyyah Zubair – Taleem al Quran 2021 J02-024C Tafsir Al-Baqarah 178-179

Taimiyyah Zubair
AI: Summary © The legal retribution of murder cases in Islamic theater is the law of power and the law of war. Forgiveness and revenge are the options for the victim's family, and forgiveness is a possibility. The legal system for sharing blood money is no longer allowed, but individuals can still make a will in favor of their nonheirs. The importance of fixing mistakes in one's will and avoiding them is emphasized.
AI: Transcript ©
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Yeah, a U haul ladina ama no cookie Barili como que Saso Phil Kotla. All you who have believed the legal retribution has been decreed on you in regard to those who have been killed, meaning all Muslims, you have to observe the law of Vsauce when it comes to murder cases. Now, when it comes to, you know, the time of the Prophet salallahu, alayhi wasallam, we see that in pre Islamic ignorance, when someone was killed, by the way, murder was very common. But when someone was killed, people did whatever they had the power to do. So if someone was from a powerful tribe, they had influence, they had wealth, they had authority, they would use this time to oppress the weak even more, and they

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will take full advantage of that situation. And one form of this oppression was that a murderer would be defended by his tribe. Okay, so for example, if the cotton the murderer belonged to a powerful tribe, he would go free without being held accountable. Another form of this oppression was that if one person was killed, then in retaliation, they wouldn't just kill the murderer, they would kill his entire family, sometimes the entire tribe was attacked, and there would be many more people who would be killed. And the justification was that this victim of ours, his life is worth more than the worth of this entire tribe. Okay, so here the law of power sauce is given. And what is the law

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of the sauce, it is that the murderer will be punished that first of all, the murderer is not just going to walk free just because he is powerful just because he's wealthy, just because he's from a prestigious family. No, it doesn't matter who the person is. If they have committed murder, then the law will go after them. Okay, remember, casa por su to go after to follow, so they're not free. Okay? And how exactly will the law follow them that they will be punished with the same that they inflicted on their victim? Now, remember that human life is sacred, whether that life is of a man or a woman, a free person or a slave person, or it is of a white person or a black person or brown

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person or an Asian person, some lives are not more important than other lives, human life in and of itself is sacred. So, here we see that it is mentioned on hood Robin Hood, he will argue the bill OBDII will own several answer. But this is elaboration of a knifes been knifes meaning a person is killed for having killed another person. So I mentioned to you that, you know, sometimes what they would do is that in retaliation in pre Islamic ignorance, instead of killing one person in return, they would kill the entire family. Or if a woman was killed, they would say this woman of ours, her life was worth more than even two men of yours. So we're going to kill the murderer and another

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person in return. So this statement and her little bit hopefully will double up the will answer will answer this is establishing a quality of human life. Okay, you're not going to say that this free person, his life was worth more than the entire tribe of free people or this slave because he belongs to us, his life is more valuable than your entire family. This is not correct. Every human life is sacred and you cannot In retaliation, kill more people than the criminal himself. Okay. So, in summary, what the statement means is that the criminal the artist, the murderer will be killed, okay, not someone else in his place, and you cannot say that his life is worth more. So, therefore,

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someone else will be given. Another thing that will do is that instead of the cotton, any instead of punishing the murderer, the family of the murderer would say, kill me instead killed so and so instead, take 10 of our slaves instead, you know and kill them. This is not fair. What is fair is that sauce is carried out what is the sauce that the Adil is pursued, the murderer is pursued. He has to face justice. So remember now that we learned even our best will de la Horne who he mentioned that the children of Israel, the Bani Israel eel. For them the law of cause also was what that the only option they had was to kill the murder. That's it. They didn't have a say

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Can or third option, the only option was to kill the murderer. So here, Allah subhanaw taala created ease for this Oma. And what is that ease, it's mentioned it's elaborated in the rest of the ayah that from an roofie Allah whom in a fee che on 40 Bar on Bill Maher will feel adult won't lay here but your son, which tells us that the heirs of the victim have a couple of options.

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One option is that they can literally pardon the murder. So they realize that the murder was, you know, accidental, or they realize that the murderer the cocktail was not, you know, rightly guided he was in bad company, he was under the influence or something like that, or they just want to be more generous and they want to pardon the cocktail the murder, they can do that. That's one option. Another option is that they can demand for sauce. And that is the law that is mentioned over here that they demand that what was done to the victim is done to the murderer, that the murderer is killed. And the Prophet sallallahu alayhi wasallam said that no criminal commits a crime, but he

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brings the punishment for that upon himself. Okay, meaning the punishment will be given to the criminal no father can bring punishment upon his son by his crime, and no son can bring punishment upon his father by his crime. What does that mean that a father will not be punished for the crime of his son and the son will not be punished for the crime of his father. The person who committed the crime is the person who's going to be punished for it. So the heirs have a few options they can part in the murder or they can demand sauce. So it's mentioned from an roofie allogrooming A he he che on for T bar on Bill Maher roofie will adapt en la Hebei are sent. So if the air is choose to

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pardon, okay, this is talking about the air is choosing to pardon where they want to spare the life of the cocktail the murderer, and they settled on some blood money. Okay, so what does that mean that the murderer has to pay a certain amount to the victim's heirs? And this is something that the Prophet salallahu Alaihe Salam also preferred. So what's going to happen now, then the murderer has to you know, give the blood money right at their own Eli, he beat her son, he cannot just run away now that okay, the spared me, I'm not in jail. So I'm just going to run away and I'm not going to bother paying the money. No, for Tiburon Bill Maher roofie, will adapt en la hibbett arson, and what

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is mentioned over here, that from an roofie, Allah whom in a he he Shavon, that he is pardoned by his brother. This is so beautiful, that even in the case of murder, like the cocktail ism was slim. And the McDole the person who was murdered is also a Muslim, both are Muslim, the bond of brotherhood is still there. Murder is a major crime. It's a major sin, but it does not expel a person from the fold of Islam. Remember, this? Murder is a major sin, but it does not expel a person from the fold of Islam. We learned in the Quran that in the Melmac, Muna equa, the believers are only brothers, that brotherhood is still there. And, you know, this shows us that people commit

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serious mistakes, grave fences, but this doesn't mean that we cancel them completely. And that we don't view them as you know, worthy human beings anymore. They still have worth, you still have to acknowledge the goodness that is in them. Even good people can make huge mistakes. So from an Raphaela woman, he che on fortiva Rubin Marvel, then follow up as do in the recognized way meaning that the amount that is determined, the has to be given in a manner that is appropriate in the sense that you hand over the money in an appropriate way, not that there's threats and there's that the life of other people is in danger, it must be done in an appropriate way. You must follow the legal

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system you must appear at the court, you know before the collie when the case is being discussed, because sometimes people cause a lot of problems. You know, for example, the criminal just doesn't show up. Doesn't you know, help does not cooperate at all. So for Tiburon will Maroof any the family of the victim has been very kind over here. So now follow up the case in a suitable way. And then what other en la Hebei airson handover the payment in a perfect way, in an excellent way that he

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at the FIFA mirabito Miranda, this is an alleviation from your Lord and mercy meaning the option of pardon the option of giving blood money. This is an alleviation from Allah. It's a blessing and it's also a mercy Rama. Because when I mentioned to you earlier that the Bani Israel did not have that option. Okay. And this is Allah's mercy on this OMA because some people want to forgive if they want to forgive good for them. Some people want revenge, they absolutely want revenge. And if they want revenge, that is also perfectly fine, because sometimes we think that everyone should forgive or that the murderer should definitely be punished, and we become very strong in our opinions. Allah

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subhanaw taala has made room for both options because different people deal with grief in different ways. Some people in order to have closure, they need to practice forgiveness, other people in order to have closure, they need revenge. If you remember the case of that person who attacked the masjid in New Zealand and killed many Muslims, the Christchurch mosques shooting the families of the victims. If you remember, they responded in many different ways. Some people Masha Allah, you know, their speeches were worth listening to. So some of the family members of the victims they were so forgiving, so forgiving, some of them were full of anger and that is fine. Both options are there

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you have the option to forgive if that is how you get closure, and you have the option to seek revenge and wish for the worst for the criminal. Okay, then get the most out of them in form of compensation. Both options are there that he could the fee formula become? Familiar Tada BARDA Delica fella who are that when Aleem and whoever transgresses after that will have a painful punishment. There's painful punishment for the one who transgresses after that and I mentioned to you, transgression can be on the part of the murderer and it can also be on the part of the heirs, the family of the victim. So this is you know, in connection with the previous idea, well more

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foreigner br had him either or her do they fulfill their covenant whenever they make the covenant. So if they agree to pay the blood money, they will pay it. If they agree only to take the blood money and not kill the criminal, then that is what they will stick to. Now think about it. When there is murder, there are three offenses, one offenses against Allah, where you are taking a life that Allah subhanaw taala created that Allah subhanaw taala allowed to live, you're taking it without right right and Allah subhanaw taala has not allowed you to kill another person. So this is a sin against Allah. But then there is also an offense against the victim, any the victim did not

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deserve from the killer that they should kill him. And then there is also the crime against the victim's family. Right? So the Toba has to be at all three levels that a person the cartel has to repent and then the cartel has to compensate. Okay, the victim and the victim's family, how that there is this all snow? Right meaning that he will be punished for the crime that he committed. You know, when the criminal is killed when the murderer is killed? It does not bring the dead person back. Okay, it does not bring the victim back. But at least the family has some sense of justice, right where they were given the power to forgive or they were given the power to take revenge. So it

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brings some sense of justice some level of closure, which people deserve. Then in a set welcome Phil PSRC hayah tween yet Woodill el Bab de la la quinta de Cohn, and for you all, in the legal retribution is life, all possessors of the intellects meaning that all believers or you who truly possess sound minds, there is actually life, meaning preservation of life, when you carry out the law of cause loss, because a lot of people do not like the love cause loss because they say that, you know, you're killing another human being, you're causing more loss. But sometimes that is necessary in order to save the lives of other people. Because if a person has had the audacity to

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kill someone, they will have the courage to kill another person very soon and another person and another person that murder will

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not stop there, it could turn into many more murders. So by killing the murderer, what are you doing? You are preserving the lives of other people. And remember that our deen all the laws that we have been given they are for the purpose of achieving certain objectives. And all of those objectives is the preservation of life. And then it is said Lara la quinta Takuan, in order that you may safeguard yourselves, because when people know that the punishment of murder is that you get killed yourself, then they're going to be afraid of committing murder. So the punishment of sauce becomes a deterrent, you see that it becomes a deterrent. Right now, people know that even if they

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commit murder, what's the worst thing? Life term? Right? They will be in jail for the rest of their lives. Okay, fine. You know, there's still stuff that you can do, maybe I won't get caught, and things like that you need the consequences are not that serious. But when you know that the consequences are so serious, that will deter you from even thinking about such a serious offense. So welcome, Phil PSRC, hyah 10 year old girl and Bob Lauren, the conductor cone. And it's amazing. These days because of different social privileges that people have, even after committing murder, they walk free, you know, it's so obvious that an innocent person was killed. And sometimes the only

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reason why they were killed is because of the color of their skin or because of their faith, and the murders have no serious consequences, they walk free. So that puts the lives of so many other people in danger, but when there are serious consequences, then it deters people from committing murder, then another lies given cootie barleycorn either huddled up or had a common mode when it comes to death, then you know the question of what happens to the property of the dead person. So, this idea is about inheritance, okay, the law of inheritance. And this idea is one of the earlier verses that was revealed in regard to the law of inheritance. And in this idea, what is established is that a

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person who was dying must make a will in regard to their wealth, right and that will, should be in favor of their parents and their relatives, but of course, in a way that is, you know, acceptable, not that they bequeath all of their wealth to just one relative and they deprive everyone else, or they give a lot to one relative and hardly anything to another, it has to be in a way that is acceptable. So at the beginning, remember that it was the responsibility of each individual to make a will in regard to their wealth that how much of their wealth should go to which person Okay, however, later on Allah subhanaw taala took that freedom away from people in a certain way, how that

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in Surah Nisa, we see that the shares of each relative are fixed. The Prophet sallallahu alayhi wa sallam said that in the luck of artha, Qulity, happy hairpin Hakuho that Allah has given each deserver off a share his share his right. So, for example, in saluto, Nyssa, we learn about how much you know, the son should get how much the daughter should get, how much the wife should get, how much the husband should get, how much the parents should get, and things like that, and the shares are very specific, a third of fourth and eighth, a sixth, any, they're very, very particular, it's all laid out, okay. So, because of this reason, this if I have 180 is considered abrogated, remember

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when so, we learned about the concept of NUS abrogation, where at the beginning, a certain rule is given. And then after some time, it is changed, okay? Or it is cancelled with another law with another rule. So this is an example of pneus. Okay, so we don't have the liberty now to decide how much our parents should get. So for example, you can't say that when I die, all of my wealth should go to my son, you can't decide that. If you have a son, you have a daughter, you have a husband, you have a mother, then all of your wealth cannot go to your son. Some of it has to go to your mother, some of it has to go to your daughter, some of it has to go to your spouse, how much the shares have

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been fixed by Allah subhanaw taala and the details of that are in Surah Tunis, so we'd no longer have that liberty. Okay. However, the enema said that this

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idea is still applicable in a certain way, how one scenario is that in certain cases, there are certain relatives which do not have a legal share. So, for example, even when it comes to parents, for instance, when it comes to adoptive parents, okay, or in certain cases, an aunt or a grandparent will not get a share of your inheritance because of the presence of certain relatives, okay. So when you know that, for instance, certain relatives of yours do not have a legal share in your inheritance and you want to make sure that they get something, then what do you do, you make a will in their favor, okay, you make a will in their favor. Likewise, you know, among your relatives may

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be someone who is in need, but they're not very closely related to you, they're not your sibling, they're not your child, let's say, a certain aunt. Okay. And legally, she doesn't have a share, she has always been very good to you, she has been like a mother to you. So you want to make sure that they get something from your property. Likewise, there is another case where someone may not be related at all. Okay, they're not related to you, their close friend, or, you know, it's a cause, like, for example, a masjid that you have personally benefited from a great deal, right, you see that there is an institution that's doing a lot of good work. So legally, they don't have a share of

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your inheritance. So then what do you do you make a will Slavia a will in their favor. Now, now, there's two things. The first thing is inheritance shares. Okay, make sure you write this down inheritance shares, these are fixed for certain recipients, where do you get the detail in silico Nyssa. Okay, so we're talking about inheritance shares, these are fixed for certain recipients. Now, there is another thing, which is called a will see a will, okay? And this is for who this is for non heirs, you can only make a will in favor of who non heirs, people who don't have a legal share of inheritance in your wealth. Okay, this can be someone who is related to you, someone who's not

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related to you, it can be a person, it can be a cause, it can be an organization. Okay? However, this will see you, you can only make up to a maximum of a third of your property. And not more than that, so only a third of your property maximum. And even that the Prophet salallahu earnings said him said that it's a lot. So some of the companions, they would say that it's better to only give a quarter of your wealth and not more than that. So this is like a gift, and you are allowed to do that. And it should be in a way that is marked off in a way that is appropriate. The Prophet sallallahu alayhi wa sallam said that indeed Allah has given every deserver of share his share, so

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there is no was sia for an air. So illegal air does not get a share of the will. So yeah, okay, we'll see ice for who for a non air. Okay, so we see such a beautiful balance over here that when it comes to our property, to a certain degree, we don't have a choice. We don't get to choose our heirs, we don't get to choose okay, my son inherits my daughter does not inherit, okay, or my mother inherits my father does not inherit from me because I don't like my father. No, you don't have that choice. Okay. However, in another way, you do have a choice how that people who are not your legal heirs, you can still give them something, but that something cannot be all of your wealth, that

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something can only be up to maximum a third of your estate. And the Prophet sallallahu alayhi wa sallam described this will see you as a means of Xia data Leconfield Armonico. A means of increasing in your good deeds, because, yes, your legal heirs are receiving their shares. But then you also want to give some of your estate as charity. Right so that you can continue to get reward. You want to give it to a relative who is not a legal heir, but they're still related to you. So you get the reward of charity and you also get the reward of being good to a relative. So how can I learn with the pain this is a duty upon the righteous. So at the beginning, remember each person was

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sponsible to manage their property they were leaving on their own, decide who was going to be the heir. And then eventually the entire law was revealed that fixed the heirs and also their fixed shares. But then there is also an allowance to make a will in favor off non heirs. Then it is said from him but de la whoa BARDA Samira HuFa in Nama is more Allah Latina Yuba de Luna in de la Samir and Arlene. Now technically if someone makes a will, that will should not be changed. Okay, it should not be changed. It's an Amana and it has to be carried out properly. However, there are cases in which people do change the will of the deceased. And then what they do is, you know, they do

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something that is completely unfair. So, for example, if a person bequeath an eighth of their wealth to ascertain nice, okay, any it's very obvious in the Will you know that the person said that when I die, an eighth of my estate should go to my niece, okay. But what happens when the wife of this deceased person finds out? She says, No way, I want all of this. So she never discloses that will to the knees, nobody finds out about it, right? So she changes the will in the sense that she does not carry it out properly. So the sin is on who the sin is on the wife, right? Or the Latina Yuba de Luna. So in the LA Samia and our lien, indeed, Allah is Hearing and knowing Allah heard the dying

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person, the deceased, what will they made, and Allah knows what you have done after their death. Now, sometimes what happens is that people leave wills that are unfair, okay, so for example, a person makes a will that all of their estate should go to their son, they leave nothing for their daughters, their transfer everything in the name of their son, or that they say all of it should go into charity, that their children should not receive anything. So in this case, it is set from an half a moose and Jonathan, oh, Eastman, Whoever fears on the part of the bequeath there's some error or sin, they're making an error, how unknowingly that you know, a person is close to their death.

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And they're like, you know, they're feeling very afraid of Allah. So they say, all of my wealth, just give it to the poor. This is an error out of ignorance. Okay, so if they're still alive, you should advise them and say, No, this is not correct. We can give some of your wealth and charity, but not all of it. So you should fix it. Now, sometimes what happens is that people do this knowingly, deliberately, where they knowingly, deliberately leave out certain errors because they don't like them. They don't like a certain relative, they don't like you know, the fact that the son gets more than the doctor. So they deliberately do certain things in their life to deprive heirs of

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their shares. So in this case, people should be reasonable, right? The IRS should mend the error. Okay, they should fix that error. So if they fix the error and fixing the error means you have to change the will you're not going to do exactly what the deceased said, then fella is morally there is no sin on him. Okay, meaning there is no sin on the person who changes the will in order to correct it. Because you know, people make mistakes. So there is no harm in fixing that mistake in the love of photo Rahim. Indeed, Allah is Forgiving and Merciful. And we learned that once in the time of the Prophet sallallahu alayhi wa sallam, there was a man who at the time of his death had

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six slaves. Okay, so what did he do? He freed all of them just before his death. Okay, why in order to deprive certain relatives, so what happened? The Prophet salallahu earnings, Allah did not accept that because this was not the right thing to do. And the Prophet salallahu Alaihe Salam, basically, he corrected that matter, and ensured that each relative got the share that he deserved. So sometimes people make mistakes out of ignorance or out of sinfulness. Even our job is to not perpetuate the crime but to fix it. Okay. And sometimes, you know, the mistakes of other people or the sins of other people actually benefit us. So if we stay quiet, maybe we are the ones who will

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financially benefit, but that is not correct. We must fix that error and be clear before our Lord or zoologia Let's listen to the recitation of these verses.

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all low Do

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not worry. While I can

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He will

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continue on kita we will maybe

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be that we will move on

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mosey Jonathan

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also have a you know whom Furla it Murali in a lot of off he came.

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So there's some questions. One question is that living in a non Muslim country, we would have to make well according to the Command of Allah, absolutely. And this is something that you must take care of. So that after your death, there is no confusion, you can appoint a person to carry out the division of your estate according to the law of Allah. And within that, you can also make a will for up to a third of your wealth, but it has to be a legal document. So you must take care of that. Another question is if parents don't like a child, and they're not sharing their property, I'm guessing what this means is that they don't want any of their property to go to that particular

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child. Is this acceptable? No, it is not acceptable. You don't get to choose your heirs, Allah subhanaw taala is the one who has chosen who your heirs will be depending on their relationship to you. So if the parents have made a mistake like this, where they have deliberately left out a certain child, then the siblings, right, the other children, they should be just over here and they should change that will. Right, then the sin is not going to be on them. They're not doing anything wrong. In fact, they are mending the mistake, which is something that we should do in the case of murder. Remember that the murderer does NOT inherit from the one whom He has murdered, okay, the

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murderer does NOT inherit from the one whom he or she has murdered. Another question is that when a person has a great deal of wealth, then especially they should make a will. And yes, that is true that if a person is leaving behind a substantial amount of wealth, then they should think about non heirs as well. Like for example, if billionaire is dying, right, Mashallah. They have a lot of property, a lot of accumulated wealth, and they're leaving behind only two sons, for example, who are their legal heirs, and only the sons inherit? Well, technically, that is fair, that is right. They're not doing anything wrong. However, think about it, and maybe some of their distant

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relatives, they're expecting that we will get something. So they should be considered about the feelings of non heirs, especially among the relatives and give them something

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Okay, meeting leave a will for them and that will will be to a maximum of a third, not more than that. If someone has converted, then yes, again, we learned that a non Muslim does NOT inherit from a Muslim, meaning they're not a legal heir, however you can make a will sia in their favor. When it comes to adoptive children, adoptive parents, same thing. They're not legal heirs, but you can make a will sia for them, or you can make a will for them. In one's lifetime, a person must be fair with all of their children, in the sense that whatever a person gives to their male child, they should give the same to their female child. If they've given to one child they should give the same to the

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rest of their children as well. This is how a person should be in their lifetime. What this is talking about is the property that a person leaves behind when they die. So that has to be divided according to the law of inheritance. All right, that is not something that we have a choice over that you know, we can do as we will. All right, Inshallah, we will conclude over here, Giselle como lo Hayden's pentacle, the home will be handed a shadow Allah Illa illa Anta as the Hirokawa tuberculate was salam Wa alaykum Warahmatullahi Wabarakatuh

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