Yaser Birjas – Taseel Class 62
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The speakers stress the importance of avoiding bad behavior and protecting one's ego, as well as establishing justice for claims. They also discuss the need for proper legal proceedings and establishing justice for claims. The conversation touches on the use of honorary marks and the importance of honorary marks in court cases. The need for proper legal proceedings and affirming the oath is emphasized, along with the need for proper legal proceedings for a court case against famous thirteenth century thirteenth century thirteenth.
AI: Summary ©
Forgive and move on as much as we
can, of course.
Now, that's not an obligation.
It's a recommendation But that being it's not
about being right all the time sometimes sometimes
just about being kind and Being kind can
bring the hearts together inshallah.
Now Know that this forsaking of a person
mentioned above is concerning worldly issues as for
the rights of religion the forsaking of of
the people of innovation and The people of
brain desires Hawa and the people disobedient It
should it should be permanent if they do
not repent or return to the right path
If you remember we talked about this in
a previous section, right?
How should we treat the people of bid
'ah?
What kind of bid'ah we're talking about?
The innovation that can hurt the one's iman,
one's aqeedah, one's practice and belief in Allah
subhanahu wa'ta'ala So those people as long
as they're insistent on their aqeedah They're insistent
on their bid'ah and they're insistent on
even calling to it You should avoid them.
You should advise them first and if they
insist, just stay away from them If you
can guide them then stay with them But
if there's gonna hurt you, just stay away
from them He says those people if they
show raj'ah, if they show tawbah, if
they repent, if they're looking for reconciling Then
you reach out to them But if they
insist and they keep calling for this bid
'ah, then stay away from them That also
includes people who have ma'asi, that are
very prominent public ma'asi, that they're Public
with it and they invite others to it
and can be dangerous to the average person
Also, you give them basically that kind of
Separation, stay away from them.
Wallahu'alam.
Part of the rights of a Muslim are
that a Muslim should help and do any
good that he's able to do for other
Muslims And you should not go into any
Muslim's house except after getting permission from the
owner of the house to enter Now, so
what he says here is that look part
of the rights We owe each other is
be there for your brothers and sisters whenever
there is a need Someone comes to you
asking for help with their car, with their
child, with their spouse, with money Whatever that
is as long if you can, if you
can afford Then you should assist and help,
like be there for the service of other
because the Prophet sallallahu alaihi wa sallam says
قَالَ أَحَبُّ النَّاسِ إِلَى اللَّهِ أَنْفَعُهُمْ لِلنَّاسِ The
most beloved people to Allah, he says those
who are beneficial to others Those are beneficial
to others.
Now, he didn't say those who do tahajjud
and fast all those Mondays and Thursdays No,
he says, أَنْفَعُهُمْ لِلنَّاسِ, those most beneficial to
others.
May Allah make them among you, O Lord
of the worlds So you try to be
beneficial to them inshallah wa ta'ala.
One of the etiquette as well is you
don't enter someone's house without permission This culture
over here is weird, the jamaat And in
the non-muslim culture sometimes people just, you
know, open the doors and go through and
don't know, no questions They come into the
backyard, mashallah, all of a sudden they're on
the porch You know in front of you
or it's just so weird and they open
the doors are calling you and they open
the door They get into the house No,
for a Muslim, even if this person is
your, is your relative, even this person is
your friend You can't just open the door
and go through unless you have been given
Pre-permission for that.
Like what?
There's a, there's a, for example a sign
at the door Hey, please move to the
backyard, for example, enter freely to the backyard,
open the door and just please come on
in If they give you that permission, then
it's okay Now how many times should you
seek permission to enter the house?
Three times Haytham Nabi sallallahu alayhi wa sallam.
One time, second time, third time.
And if there is no response, what do
you do?
Just leave Don't keep knocking and ringing the
bells and calling and texting Yeah, hey, maybe
they don't want to chew in in that
moment.
Now people that they think three times per,
you know Yeah, in a way or method.
So three rings, three knocks, three calls No,
no, no, three times.
If they're not opening, then go Unless, unless
what, Jemaah?
There's an appointment So they're expecting you, right?
They expect you to come at five o
'clock, for example So now you came at
five o'clock.
You knock on the door first time, second
time, third time They're not actually responding.
In this case, can you call?
Yes Let them know, hey, I'm outside the
door.
What do I do?
It's because they expect you to be there
But are you allowed, if they're not responding,
are you allowed to start sneaking into the
windows and looking through the door and the
cracks?
Absolutely not.
Unless, of course, you have permission to do
that You're suspecting something foul or something else.
So in this case With the intention of
helping otherwise, keeping their privacy Other rights of
the Muslims are that a Muslim should behave
decently towards people and that is by dealing
with each other With each person in a
manner that befits them this is because the
person who talks with an ignorant person about
scholarship, an idle person about rulings, and a
foolish person with elucidation will harm you and
harm others So this is an interesting thing
over here.
I want to explain it because the translation
does not give it its haqq He says
you need to deal with people based on
their standards As it is said, address people
with what they understand.
Do you like to lie to Allah and
His Messenger?
When you speak to people, speak to their
understanding Are you gonna say a thing to
them that as a result they will probably
maybe deny Allah's commandments?
because sometimes we might say things in fiqh
and akhlaq and aqidah that people are not
familiar with and As a result, they deny
the Quran and the Sunnah probably.
So he gives an example So therefore he
says if you're gonna be dealing with someone
who is jahil Someone who is not known
to be a knowledgeable person.
Don't start kind of like flexing your ilm
on this person Don't talk to them about
ilm that they have no understanding of.
Also he says qal wallahi bil fiqh Someone
who is not really serious They start teaching
them fiqh and qawadi fiqh and all the
kind of stuff and so on.
That's not their thing qal walghabi bil bayan
someone who's not An idiot basically and when
you speak to them you speak to them
with mashallah and with eloquence of speech And
also he says qal fa inna hadha idha
fa'altahu adha wa ta'adha You're gonna
harm them and they're gonna harm you Because
if you're gonna argue with the ignorant what
happens?
He'll defeat you Because the ignorant doesn't have
rules.
You are bound by the rules of ilm
I mean I can't reuse these evidences, proofs
in this context for example because it's not.
The rule doesn't allow me to do that
But some people who have no Respect to
these rules, what do they do?
They bounce and jump you know between statements
and and they have no respect to these
rules.
So be careful when you talk to people
Don't try to flex your ilm and your
fiqh and your understanding with someone who's not
at the same level or at least close
to that More rights of a Muslim are
that he should respect the elderly and show
mercy to the youngsters He should display a
smiling countenance to everyone and he should be
gentle with all people He should fulfill his
promises, be just to people and treat them
and treat them as if He himself would
like to be treated So he says over
here and some of the etiquette is to
make sure that you respect the elders And
that's what the Prophet sallallahu alayhi wa sallam
said to us and have mercy and compassion
to the younger ones Kama qala nabi sallallahu
alayhi wa sallam laisa minna man lam yarham
sagheerana wa ya'arif sharafa kabeerina It's not
a true believer Someone who does not honor
our elders or show mercy and compassion to
the youngsters So that's part of the etiquette
of the believers Qal wan yakuna ma'al
khalqi talqa al-lisan, aw talqa al-wajhi,
a tariqa al-wajhi With the people overall
you're always cheerful.
That's what it means He says over here.
He should be gentle with all people, but
actually the Arabic text says Kana talqa al
-wajhi raqeeqa Cheerful, you're always cheerful smiling and
of course gentle with the people Because that
was the etiquette of the Prophet sallallahu alayhi
wa sallam Kana Rasoolallah sallallahu alayhi wa sallam
da'imat tabassum.
He always smiles sallallahu alayhi wa sallam So
he's always cheerful because we know that you
know emotions are contagious, right?
And if you are if you show if
you smile in other people's face, what happens?
They smile natural, but if you show Yeah,
you kind of like You grumpy in their
face They will reflect and of course reply
with the same feelings probably and the same
attitude So it's it's important that you you
spread joy among the people Qal wa yafilahum
bil wa'id If you promise, fulfill your
promise as much as you can and yunsifan
nasa min nafsihi Which means be fair with
the people Even if it was against yourself
Even if it was against you, you made
the mistake, admit it Admit it, don't let
your ego come between you and standing for
the truth Don't let your ego come between
on that because that's the most dangerous thing
Qal wala ya'ti ilayhim illa may yuhibban yu'ta
ilayh Don't bring to the people anything unless
you'd like this to be done to you
as well Al-Hassan said Allah revealed four
things to Adam And he said These things
are the basis of all things for you
and your children One of which is for
me.
Another one is for you One is between
me and you and the other is between
you and the people As for the thing
that is for me, it is that you
must worship me Worship me alone And and
not associate anything in worship with me The
thing that is for that is for you
Is that I will reward you for your
deeds When you are most in need of
the reward The thing that is between me
and you is that you should supplicate to
me and I will answer your supplications As
for the thing which is between you and
the people It is that you should treat
them As you would like them to treat
you.
So he brought this actually this uh narration
from al-hassan al-basri And it's not
a hadith by the way.
That's not a hadith.
It seems to be from the israeliyat Uh
the last statement that how you deal with
the people you treat them the way you
love to be treated the last two paragraphs
Yes More rights More rights are that there
should be additional Respect for people of status
and settle the disputes between people and bring
them into harmony So what now and hide
the faults of the muslims.
So this is something is interesting.
He said That Taught us this When you
deal with people make sure that you give
them the respect and the reverence that they
deserve You're not going to treat an elderly
like a youngster.
You're not going to treat a alim like
a jahal You're not going to treat someone
who's known to be noble with someone who
is an average so Treat the people Based
on their status, of course as long as
that is not considered showing Arrogance on their
part or even they expect that from you
in that fashion, but that's part of the
adab That's part of the adab So when
you see the elderly in the masjid you
treat them accordingly And the same thing when
you see somebody who's a special for example
status you give them the respect that they
deserve and he says and part of the
The right that you have for your brothers
and sisters is that you And when you
see people are Disputing or causing a rift
between them whether it's for their spouse or
family members It's your duty as much as
you can Of course, if you can to
bring them back together and in the process
also to conceal the aurat of the muslimin
Unfortunately, we live in a society that was
that does what?
Goes after the aurat of the muslimin like
you follow the faults of other people, unfortunately
That's what the internet is all about When
people make mistakes or faults and so on
it's just all over the place And the
asal fil ummah a setter that actually we
conceal that there's a big difference between someone
commits a crime And someone of course commits
a sin A crime is a crime and
part of the deen of allah subhanahu wa
ta'ala when he punished people publicly so
that they're exposed and People know what's what
happens But a private sin someone had, you
know something between them and allah subhanahu wa
ta'ala privately.
We should not really expose anybody for that
Sheikh al samitim rahim allah Some people just
like flies they only go and they fall
on on the wound Like just where it
hurts and they only follow the filth basically
So some people like that so part of
the believers are the opposite if there is
a way to conceal the fault of others
Then that's the standard and again, we're talking
about sins Faults errors that they've done against
their own selves Crimes, that's a different story
and that's with the subject that we're going
to be discussing inshallah In the next hadith.
We'll stop here.
Inshallah.
We'll continue the discussion next week for this
one So
in the book of imam ibn rajab we're
studying right now hadith number 33 I'm going
to give a disclaimer right now This hadith
might be one of the most complicated that
you're going to be studying here Why is
that because it's very very very technical It's
very technical.
It is used as one of those codes
of law Code of law, you know when
just like in any of course in any
any Judiciary system there are specific codes that's
concerned codes of law And these are the
phrases are used In order to establish law
and order And this hadith that we're having
over here is one of these hadith And
it is exclusively speaks about What does that
mean here translation they say that the claimant
and the counter claimant In court system, what
do you call claimant and counter claimant?
No, no plaintiff and defendant So the claimant
is the plaintiff over here and the counter
claimant is actually Is the defendant?
So i'm going to be using the words
defendant and plaintiff.
So at least we understand them properly here
Because the the words are mentioned here claimant
and counter claimant basically literal translation to the
word So this hadith speaks about something technical
in regard to the judiciary system And the
law and order which is why we're probably
going to be skipping a lot of these
paragraphs because it's actually very technical Inshallah, just
explaining what the hadith is going to be
about So the hadith number 33 Go ahead
Foreign Actually
the arabic text is So here they say
Translation Said if people were to be given
according to what they claim People's property and
lives what corroborative testimony is required of a
claimant and an oath is the right of
the one who denies the claim So the
hadith the professor says If people are be
given For whatever they tell like if someone
comes to claim something and you're going to
immediately give them what they claim Then people
they're going to abuse that system and they'll
abuse each other People decide going after each
other's Wealth and money and also even hurting
each other, you know claiming They owe you
in terms of blood money So that's where
the rule is the last two statements of
the hadith are where the The code of
law was mentioned Which means That the one
who is in this case claimant meaning the
plaintiff is obligated to do what?
To provide the evidence Over here it means
actually the proof and the evidence And the
one who is Is considered the defendant right
now if they deny that claim then how
can they get themselves free from this?
by swearing an oath So we're going to
explain that quickly inshallah for you so that
when we talk about the hadith inshallah We
will understand what does that what does that
mean?
So the hadith here has specific points.
The first point is to understand that That
usually of course in any in any case
you have two people or two groups or
two entities One is the claim is the
plaintiff and those are in this case.
These are the claimants And in order to
make a case against somebody what do you
need to do?
You can make a case right anyone can
make a case against anybody these days even
nowadays in america Mashallah, you go to a
restaurant.
You can sue them because the food was
too cold too hot any claim But in
order for these claims to be to be
valid.
What do we need to bring?
You bring the evidence and the proof What
type of proof we you need so the
ulama they of course elaborate on that in
details But some of these proofs is shahood,
which means witnesses Some of the bayna which
means that the evidence should be also al
-iqrar which means the defendant admits If they
admit that's a proof as well, too And
then the third one is what they call
them factual or circumstantial evidences in the arabic
language These are not solid evidences But these
are some sort of like circumstantial proofs or
evidences by which you can make a case
a solid case against How far or what
is exactly is acceptable in the court of
law islamically in regard to these matters So
that's something he's going to be speaking about
inshallah later and the second part is The
al-yameen which means you ask the defendant
to swear to give an oath to deny
that claim When we need require the yameen
from the defendant or the oath from the
defendant if there is no proof or evidence
from the claimants in this case So if
the plaintiff have the proof and the proof
is absolutely solid like a video for example
recording or something like that is considered Solid
and there's no manipulation of that and they're
proven to be of course forensic any Evidence
is proven to be authentic in this case.
We have a proof You have people who
saw you and they give testimony.
So we have a proof So in this
case the yameen of the defendant is null
Are we clear jamal?
So when do we need demand the yameen
or the oath from the defendant?
When there's no proof from the claimants here
So he could set himself.
He said I swear that's not true.
He said okay We're done dismissed So that's
the two major points in this hadith over
here.
And what's the purpose of that?
The purpose of that obviously is to establish
justice Establish justice so that people don't abuse
each other's hukook and rights and just claim
anything they want to claim And also, of
course, I mean protecting people people's rights Whether
it's dunya rights or even akhira rights as
well And of course this hadith subhanallah.
It helps us in many different ways Of
course nowadays the court system is much more
complicated not like it used to before Before
of course people they have righteousness and taqwa.
So when you tell somebody swear by allah,
they start shivering Today you say to somebody
swear by allah Said alhamdulillah And then we
have Yeah, and it's it's it's like a
joke but a proverb in in the culture
When they tell the harami which means the
thief They tell the harami the thief they
told him you're gonna you're gonna swear an
oath He goes like alhamdulillah.
We're good then Like if it's a matter
of just giving an oath, we're good then
But it's dangerous because hadith Whoever swears an
oath Because of that oath he receives or
he she receives money or property or wealth
that is not theirs That is not there
and they know it's not theirs But using
the name of allah subhan to confirm that
or to claim it Fajr This person will
see allah subhana day of judgment and allah
will will be will be angry with them
You can imagine the wrath of allah subhanahu
wa ta'ala on someone like that So
that's something that we need to make sure
that we understand the the severity of an
oath It's not like it's easy to claim
it.
No, it's a very dangerous thing And also
we need to make sure that we understand
When it comes to Al-qada the judge
the judge who's going to be now demanding
the proof from the from the plaintiff and
the oath from the uh, the defendant The
judge is a human being And he or
he is going to be ruling based on
what?
The proofs and evidence that you have so
the prophet which was mentioned in muslim Sallallahu
alaihi wa sallam I am only a human
being You come and you bring your claims
to me Some of you might be more
eloquent than others when the way they speak
So they can present their case much better
way than the other person I will rule
based on what I hear And he said
If I rule for you the right that
you know is not yours I'm giving you
a piece of fire You take it if
you want to Or leave it So as
a judge when we say al-bayyinah proof
versus oath Your job is only just to
moderate that to the best of your ability
at the end of the day Allah is
the ultimate judge subhanahu wa ta'ala.
So that's very important for us to understand
inshallah I want just to make this hadith
clear to us before we go into the
details Because again, like I said, it's very
technical.
So inshallah, we'll see how it goes.
Bismillah We're gonna go from what it says
the wording which is sheikh has has chosen
The wording which the sheikh has chosen is
that which who's the sheikh he's talking about
over here Imam al-nawi that he chose
on this hadith now The wording which the
sheikh has chosen is that which ibn al
-salah chose before him in the Universal hadith
and he said al-bayhaqi narrated it with
a good chain of transmission So what he
says here is that the same hadith that
we have already mentioned up there has multiple
versions So the some of the versions are
Which means and the oath is a responsibility
of the counter claimant But this narration he
chose he chose And the oath is a
responsibility who denies So it's not who's the
counter claimant.
No, he says who denies denies meaning the
claim that was mentioned earlier he says he
chose this why because these are That was
the choice of imam ibn al-salah I
don't know at least imam al-salah actually
he chose this hadith Or that version he
said because it's from the ahadith al-kulliyat.
What's the meaning of saying al-hadith al
-kulliyat?
Here they chose that translation universal hadith But
ahadith al-kulliyah if you remember we talked
about al-qawa'id al-kulliyah the maxims
governing islamic law.
These are comprehensive universal laws So he says
these hadith has universal rules Universal rules, which
means very comprehensive rules and very concise rules
So by themselves they can be a code
of law And we learned that from last
last week.
If you remember the hadith jamal, what was
our hadith last week?
Remember?
Which means you should actually not don't cause
harm and don't be the cause of harm
So these rules also considered Hadith al-kulliyat
and ibn al-salah rahimahu allahu ta'ala.
He was one of the mu'allama al
-hadith Who died in the year 643 hijri,
that's around 1245 In the christian era and
he was the first person who produced this
terminology or this phrase Saying ahadith al-kulliyah
So just to give an idea What does
it mean to say hadith al-kulliyat universal
ahadith?
The specific ahadith has fixed phrases that be
considered Law in itself like That's one of
the rules as well too The
prophet sallallahu alaihi wa sallam said if people
were to be given according to their claims
Men would claim the lives of men and
their properties but corroborative testimony is demanded Of
the one who seeks a claim and the
oath is the right of the one from
whom a claim is sought So in the
english translation doesn't see how different that from
the original arabic.
So i'm going to read the arabic for
you He says Which is similar to the
first Version we have So he said the
same thing that people claim the blood and
the property of others Talib So that's different
terminology which is that give the exact same
meanings he's going to then mention a few
more Versions of the hadith until we get
to the one that we have on the
next page muhammad ibn umar ibn lubaba Muhammad
ibn umar ibn lubaba the andalusian faqih narrated
from othman ibn ayyub al-andalusi And he
described him as being of high merit from
wadazi ibn khais from ibn abu mulayka from
ibn abbas from the prophet sallallahu alaihi wa
sallam And then he mentioned this hadith and
he said and he said but corroborative testimony
is required of the claimant And an oath
is the right of one of the one
who denies the claim He he basically used
a different terminology saying like He didn't say
Again different versions and each one of them
by the way has a very very subtle
Difference in terms of technicality what comes to
the law and how to extend how to
understand that that's why he had to bring
All these different narrations.
So let's go to the next he said
what he says there are other hadith with
similar principles So we now learned we learned
the principle from the hadith the principle from
the hadith if someone makes a claim We
tell them to do what?
Bring your proof Bring your proof If they
don't have any proof The one who's been
accused right now.
He has to he has to give an
oath to set himself free By the way,
that's in the court of law Not among
the people You Not among the people what
does that mean you're sitting together having tea
and coffee and then you claim something about
somebody And the other person denies You say
wallah He doesn't have to say wallah Because
that's not a court of law anymore.
It's in the court of law That would
be obliged to give that oath to set
themselves free So in this case again, if
it's not in the court of law people
are free from these Obligations that we have
here in the discussion of this hadith.
So he's going to bring you different Narrations
that have the exact same principle.
So let's at least see one example inshallah
in the two sahih In the same sense
there are many hadith in the two sahih
books there is there is that Ibn khayf
said there was a dispute between me and
a man about a well and we took
the dispute to the prophet of the messenger
of allah So the messenger of allah said
produce your two witnesses or he has the
right to his oath denying your claim I
said in that case he will swear and
he will not care that it is false
So the messenger of allah said Whoever swears
an oath by what she demands property as
his right as his right and in which
he is lying He will meet allah and
he will be angry with him.
So allah revealed the confirmation of that and
he recited this ayah Those who sell allah's
contract and their own oaths for a paltry
price Because the continuation of the ayah allah
subhanahu wa ta'ala says They have no
share and no place in the akhira Allah
will not speak to them And allah is
not going to look at them on the
day of judgment He will never honor them
or sanctify them And they deserve a painful
punishment that's in surat al imran So this
is now again strengthening the the meaning of
the oath and how how dangerous it is
to give a false oath now In the
narration of muslim there is after his saying
then let him swear that he said there
is nothing for you But that muslim also
narrated it in the same sense in a
hadith Let's move on to the next so
you're going to see different narrations each one
of them will bring another example that is
similar to this principle And the next page
they have hajjaj al sawwaf and there's an
Anasai actually write another story Until we come
to where he speaks about now umar b
khattab.
I'll read them from there.
It has been It has been narrated of
umar that he wrote to abu musa corroborative
testimony is required in the claimant and the
oath is the right of the one who
denies Zaid ibn thabit passed judgment on that
basis against umar and in favor of obaid
ibn ka'b and neither of them rejected
it So basically this is why I wanted
to mention to you because this letter that
umar b khattab He sent to abu musa
al ash'ari.
It is one of the most um prominent
classic Letters that explains the judiciary system in
islam When umar used to send his judges
and his of course his government and governors
around around the world He would advise them
and learn how to rule So umar sent
to abu musa al ash'ari when he
sends him off He sent him with a
letter in regards to judgment how to deal
with the people And I have part of
it with me actually over here.
I'm going to read for you a little
bit He says Proceeding He says judgment which
means when you become a judge Making given
rules It's an obligation that is considered needs
to be well done It's an example of
the prophet and those of before Make sure
to have good understanding When they present to
you like you need to understand very well
Which means don't give yourself excuse.
I was tired distract.
No, you need to understand when they speak
to you Because it wouldn't make any sense
if you're going to give an answer that
you cannot based on what you hear An
answer you're not going to be able to
fulfill or even execute So judgment requires Fulfillment
And if you cannot fulfill it, what's the
meaning of it?
He says Make sure to be fair among
the people with the people When you sit
in front of them with your face with
your justice and with your majlis, which means
we're receding What does that mean?
When two people come to you to the
court Don't smile in the face of one
of them because you know him another person
you look at them, you know neutrally No,
no, no, if you're gonna smile in someone's
face smile the other person's face But what's
better for you to do?
What stay neutral?
Don't smile on either one's face at this
moment because now they're not your friends They're
now plaintive and defended.
So he says be fair Also when you
try to be just to both of them
When you seat them in the in the
court system, don't bring someone next to you.
Hey come over here Another one sits sits
somewhere else.
No, you need to make them all equal
in that moment So that the honorable people
Do not Feel that they're favored by you
And the weak will feel desperate of being
Given fairness and justice and he mentioned many
of them.
But the next statement is the hadith over
here قال Make sure that the proof is
the responsibility of the plaintiff And the claimant
and the oath is the responsibility of the
one who denies it.
So and he mentioned many other Examples how
they're beautiful look it up online the the
message of We're going to move forward inshallah
to the next page On the top Of
all of our colleagues the humblies and al
-shakiri differ as the explanation of the terms
of As of the terms the claimant and
the one against whom the claim is made
I'm gonna make the disclaimer again.
It's a very technical hadith So most of
us or many of us might not really
understand the terminologies that been presented over here.
It is.
All right It's okay.
I just want you to try to understand
what they're saying.
So here what they're going to explain How
to define who's al-mudda from al-mudda
alayh I mean, it's simple when you think
of the plaintiff versus defendant Usually the the
the plaintiff is what is the one who
presents the case, right?
But a smart judge Would be able to
differentiate in the claim of the claimants That
sometimes they can be what the defendant sometimes
they can be of course al-mudda And
sometimes the defendant when they present their case
They defend themselves sometimes but when they speak
they become mudda and they have a claim
against the other person so The person could
be mudda alayh at the same time a
plaintiff a defendant at the same time based
on the circumstance of their of their claims
So basically you need to be smart how
to identify who's who so here they're going
to try to give different Interpretation to what
the ulama say who is the plaintiff and
who's the defendant now?
Some say that some say that the claimant
is the one of the two disputants who
is allowed to remain silent and the one
against Whom the claim is made is the
one is is the one of the two
who is not allowed to remain silent What
does that mean if someone makes a claim
and that's it and they go quiet?
Right.
They have the proof Do you have even
to ask them to to explain the proof
if the proof is very obvious?
No But if someone has a claim against
them They can't be quiet anymore.
You have to defend yourself against it So
you cannot be quiet.
So the one who cannot be quiet is
the one we call them the defendant based
on this very simple definition the second Some
say that the claimant is someone who demands
a matter which is concealed and contrary to
the original state of affairs or contrary to
What is openly apparent and the one against
whom the claim is made is the opposite
of that?
What what does that mean?
What does that mean?
For example, I come to you and I
say hey Give me my watch And the
watch is where?
On your arm on your hand So right
now the other person is like what are
you talking about?
That's mine.
No, it's mine So who's now who's calling
who's calling?
Against what is considered the apparent state or
what you called al-asr Who is one
who's changing what is considered the apparent thing
the apparent thing is what?
The man who's holding that watch in his
hand is what is who is the owner
of that watch?
Now me come and say this is mine
i'm obviously Yani, um contradicting what is obvious
That's supposed to be his So if you
come to contradict what is obvious you become
the what?
The the plaintiff and the claimant and it's
on you to prove the evidence that the
watch is yours You becomes your response to
provide that If the if you tell the
person for example, give me my watch And
that's that person says too late What does
that mean now They admit it Right They
admit it So now they're responsible to prove
so they become now the mudda Now they
become suddenly the plaintiff who claim That yeah,
it was theirs, but it's mine now.
So now they're responsible to do what?
To give the proof that I sold it
or I gifted it to you So who's
now who's going to give the oath right
now?
The one who claimed it first that this
is mine so because that person becomes a
defendant in this case So again need to
be very critical how to understand who's a
plaintiff and who's a the defendant in these
situations Let's move on to the next inshallah.
Do we demand?
As as for someone Has been entrusted as
for someone who has been entrusted with the
care of some goods and he claims that
they perished Such as someone who has been
entrusted with a deposit and he claimed the
destruction of the matter deposited with him Then
it is said that he is the claimant
since the original position is contrary to his
claim Ie he received the goods in a
good state and he and he only is
without need of corroborative testimony because the one
who deposited the good One who deposited the
goods trusted him and that trust necessarily requires
the acceptance of his word What does that
mean here?
If you're going to give somebody let's say
you're traveling you're going to give somebody a
thousand dollars to keep it with them So
could you keep this with you, please?
Why would you give it to them?
Because you trust them Right, if you don't
trust this person You won't give you the
money.
So now if this person you trusted Comes
to you said i'm so sorry.
There was actually a flood whatever that is
and the money was was lost Do they
have to give you an oath that this
would happen in order for you to believe
them?
So that's what the argument over here says
if you already trusted them in the first
place.
No, they're not they don't owe you An
oath.
Why is that?
Because they already were trustworthy.
The only reason why we demand an oath
from them because we don't trust their statements
But because this person was already a trustworthy
to you.
We don't demand a statement an oath from
them That's a standard rule, but the ulama
they have other circumstances for that.
So some say that Some say that the
claimant requires corroborative testimony is really the claimant
who does so in order that he should
be given his claim Which is people's property
or their lives as mentioned in the hadith
as for someone who is trusted He does
not claim something in order to be given
anything Some say that he is on the
contrary the one against whom the claim is
made because if he is silent He is
not left alone, but he must answer and
that the one who who locks the deposit
is the claimant Since if he is silent,
he is left alone So basically there's different
definitions of who the claimant and who's the
the counterclaimant in these circumstances again It's a
bit technical So we're going to move on
to the next page inshallah where he says
the people of fiqh differ The people of
fiqh differ in two ways in this section
First that corroborative testimony is always required of
the claimant and that the one against whom
the claim is made always has the right
To take an oath.
So this is basically a very simple message
says look based on the hadith We only
ask the oath from the defendant.
We don't we don't demand that the oath
from the uh from the plaintiff So that's
the first opinion the other opinion is a
bit different it's going to come in two
pages after this So he's going to try
to bring evidences that yes Only the defendants
are responsible to give an oath and he's
going to bring the example here of al
-qasama if you look at the Maybe three
lines after that.
There's a word al-qasama and down in
the middle.
There's saeed ibn Obaid narrated read the story
Said ibn obaid narrated So
what's the rest of the hadith over here
and it's mentioned down there, but i'm going
to explain real quick Inshallah, so a group
of sahaba went to khaibar.
Khaibar was the land of the jews at
the time So they separated went to different
businesses because the khaibar was known to be
a good business place for tamar and dates
and stuff They separated and then when they
came back together one is missing.
What is he looking around?
They found him being killed or dead in
one of those in that neighborhood.
So what they did they went to claim
The blood of course of this individual who
killed him Now there is no way to
to find not like today obviously, but they
tried and they couldn't you know, see anybody
No one has any witnesses.
No one is claiming No one is admitting
to it and the neighborhood which is supposed
to be the place where he where he
was killed no one, you know has any
um, yeah any Testimony or even wants to
admit that they killed him.
This is called lawas in the uh, In
the system of judah system in regard to
the blood like there is no Pure and
clear evidence to who killed this individual if
that is the case You cannot right now
Take somebody randomly and say we're going to
take one for one a man for a
man.
You can't do that So in this case
what the prophet sallallahu alaihi wasallam told him
said said to the sahaba Bring an evidence
to prove that you know the one who
killed him.
So we don't have that We have no
proof He said okay in this case i'm
gonna have to ask them to give 50
Yameen like 50 people from that neighborhood should
all swear by god that they don't know
And they have nothing to do with the
with the murder of this man That's called
al-qasama An islamic system that works in
in these these circumstances And if this is
the case the community becomes free from being
liable for the death of this individual So
when the prophet told the sahaba, okay, i'll
have 50 of them to swear by allah
They said ya rasulallah.
We're not going to take the the oath
of the of the jews We don't believe
them.
We're not going to take we're not going
to trust them with that oath So the
prophet sallallahu alaihi wasallam didn't know what to
do in this situation.
He told them okay in this case We
will pay for his diya the blood money
from bayt al-mal We we're going to
just cover the the Yani his diya, which
is the the blood money for your family
for his family from bayt al-mal from
the house Uh the the finance of course
of the of the community or at least
in this case The the islamic treasury basically,
so we'll take care of that for you.
So that's called al-qasama It's an evidence
and proof that he demanded from the defendants
to give the oath not from the plaintiff
Let's move to the next right now the
next the following page where it says single
witness actually it's not single not that Uh
as for the issue of a single witness
as for the issue of a single witness
along with an oath Those who deny judgment
on the basis of a single of a
single witness and an oath seek to prove
it by the hadith Produce your two witnesses
or he has the right to his oath
denying your claim And he's saying so allahu
alaihi wasallam.
You have the right you have the right
only to that qadi ismail al-maliki spoke
concerning this wording and he said The only
one who narrated this was mansour from abu
wa'il and all the other Narrators disagree
with him saying with disagree with him saying
he asked him.
Do you have corroborative testimony or not?
And corroborative testimony is not restricted to two
witnesses alone, but it comprises everything that makes
the truth clear So the point of the
corroborative witness over here Anything that brings the
truth out whether it's two witnesses Some other
circumstances or in this situation If the plaintiff
can bring one witness And for in the
place of the second witness he gives an
oath and that's an issue of argument among
the fuqa and the ulama if that is
acceptable and admitted as A proof or evidences
against the defendant.
That's an issue of argument in the court
in the court of law Move on to
the next page inshallah What it's what it
says actually the second statement go to the
second statement the second statement on the issue
is that Is that preference is given to
the stronger of the two contending parties and
the right to an oath assigned to him?
This is the method of malik and similarly
qadi abu ya'la mentioned in his irregular
views that that it is the method of
ahmed On the basis of this the issues
we mentioned of judging by qassama oaths and
by a single witness And an oath are
accomplished because when the side of the claimant
in the case of qassama is strengthened by
weak incomplete evidence Then the oath is put
on his side and judgment is passed in
his favor by it So basically the argument
is what say why do we demand the
defendant to give an oath?
Because the defendant has the weakest the weakest
evidence and proof but the Or in this
case, let me put it this way The
the plaintiff when they make when they make
a claim, obviously Their claim is weak Because
it really contrary to what's obvious.
Like I said when someone claims this is
my watch So their claim is weak unless
they provide what?
A proof for that.
So that's why we ask them to bring
a proof to it Now al mudda alay
the defendant He has the strength of what?
the hal The the the condition of having
this on his hand, so that's the standard
rule It's supposed to be his unless you
prove otherwise because you have a stronger evidence
or proof This is watch is on my
hand.
So we don't demand from them a strong
evidence We ask them for the weaker one
and the weaker one just say I swear
Then you're good That's so basically the second
opinion is looking who is who has a
stronger the stronger case And that one has
a stronger case would be the one will
be uh demanded of course to give that
oath now Let's move on to the next
inshallah says that the people of knowledge have
two ways They're at the bottom of the
page the last line five four three the
people of knowledge have two ways in response
to his saying Corroborative testimony is required of
the claimant first that this is singled out
from his general rule by a proof Second
that his saying corroborative testimony is required of
the claimant is not a general ruling because
what is meant is said What is meant
is the said claimant who is someone who
has no decisive proof?
Other than the claim as in his wording
if people were to be were to be
given according to what they claim Men would
claim people's property and lives As so basically
here what he's saying he's going to give
you four opinions four opinions So, how do
we explain the prophet's statement in regards to
uh, okay How do you explain that he
gives four different opinions over here again, these
are technical definitions So we're going to move
forward inshallah to the next page When it
says Evidence
which shows the truthful truthfulness of one of
the disputants So remember what said the bayan
is supposed to be what anything or any
proof or evidence?
That is solid enough to prove the case.
It could be witnesses It could be the
person admits that the defendant admits the fault,
of course But then what about those circumstantial
or factual evidences?
Some of these factual evidences needed in our
time is what fingerprints for example It wasn't
didn't exist back then forensic evidences for instance
dna All these things right now are used
in the court of law And there was
actually a huge debate in the muslim community
Of course in the muslim court in regard
to admitting these proofs as evidences in these
cases Especially the proof of paternity for example
and all these things and so on Because
some ulama would resist because their specific text
Would suggest not to use these factual or
circumstantial evidences But nowadays alhamdulillah the majority of
course the ulama agree that as long as
The circumstantial evidence is close to become factual
evidence It can be admitted in the court
of law.
Now we want next what it says It
has been narrated By the way You know
what i'm gonna have you read that story
before because it's an interesting story Where it
says the factual evidence which shows By the
way, just to give you perspective shuraih is
known to be one of the very well
-known Supreme judges of the past like he
was one of the best judges in the
history of islam So that's why we bring
shuraih.
He's like the judge.
That's what it means Gave the judgment with
respect to kittens that two women claimed each
of whom said they are my cat's kittens
Said cast this kitten towards her the female
cat one of the woman If she is
settled her milk is copious and she stretches
herself out Then it is hers if she
flees and bristles then it is not hers.
Did you understand the story?
Two women they were fighting for kittens They
both said these kittens for my cat And
the other one said no these kids are
my cat from my cat They have both
have cats and each one of them claimed
these kittens are mine They want to keep
the kittens for themselves, obviously Has so much
compassion for this kitten, so they were claiming
the kittens to be theirs so He used
circumstantial factual evidence.
He goes, you know what bring these two
cats And let the kids go there if
the kittens if the mother stretches itself and
you know Kind of like allow them to
come and and and a nurse then that's
from that cat Otherwise if she runs away
from them, that's not their babies.
So that's simple as that That was his
judgment basically now the other story where it
says al qafa He says that as imam
shafi he allows that um, which is these
are now forensic evidences like al qafa are
those people who are What do you call
them?
Um uh Stanley short for them people who
travel in the desert and they can um,
yeah, and he follow finger, uh footprints and
so on trackers Treasure trackers.
So basically these trackers basically he says If
you have an expert tracker who can like
give a testimony As an expert in the
court to say well based on the evidence
I see in this actually he's been stolen
from this person He goes that testimony will
be admitted to the court because that's an
expert right now So the expert testimony can
be used as a circumstantial evidence and the
other story as well, too He speaks about
you know of people If a farmer claimed
his neighbor's sheep or herd Uh destroyed his
uh his farm He goes we look at
we we look around if we can see
traces of their hooves on the ground Then
we take his word as a test as
as a proof.
Otherwise, we deny it.
So the point of this masala is circumstantial
proofs Factual evidences can also be admitted as
bayena in this in this uh context now
his saying He's saying the oath is the
right of the one against whom the claim
is made and shows that everyone against whom
a claim is made And who denies it
must then make an oath?
This is a statement of most of the
faqah Maddox said the oath is only obligatory
for someone who denies the claim against him
If there is some kind of social *
between the two claimants for fear that fools
might Might degrade leaders by seeking their oaths
by merely making a claim whether true or
false against them So he brings right now
an issue a very minor issue He goes
look we understand that you owe them oath
if you don't have a bayena against them
however in some circumstances, we don't demand an
oath from The the defendant if these defendants
have a reputation to be trustworthy To be
of noble for example, you know kind of
status in the community That is not befitting
them to be in this position.
They would never you know, do something like
this There's no solid evidence and proof against
them to these claims.
So in this case, we don't we don't
demand that they give oath That's imam malik
rahim allah's opinion as he mentioned it over
here and finally witness under oath the next
page When it says muhanna asked imam ahmad
Asked imam ahmed about this issue and ahmed
answered ali did it he asked him.
Is this correct?
Answered The qadi confirmed his narration from ahmed
But he interpreted it as referring to the
claim made against someone who was absent or
against a minor and this is not sound
because Ali only made a claim and swear
an oath was present with him along with
his crop along with his corroborated witness Like
he's saying here.
Do you demand from the from the plaintiff
to give an oath?
If you didn't have a clear clear evidence
or proof I mean the hadith says no
you don't but here it says ali radi
allah.
He demanded that from him Which again brings
us that the hadith of the prophet sallallahu
alayhi wa sallam Started this discussion over who
is the plaintiff and who is the defendant
and you need to know Very well to
understand from this so you can determine who's
who so you can tell who needs to
provide an evidence and not to provide Or
give the oath we're going to go to
the end to the end inshallah to the
last page on page What it says, uh,
um page five four four eight The fuqaha
differ the fuqaha differ As to whether or
not an oath is demanded for all Adam
adamic human rights as in as is the
position of a shafi'i And is in
one narration from ahmed or whether or whether
on Or whether on oath is only demanded
in those cases which judgment leads to an
exemplary punishment As is narrated in one version
from ahmed or whether an oath is only
demanded In respect of that which is which
it is sound to give generously away Or
is the more well-known position of ahmed
or whether the whether the oath is only
required for every claim Which does not need
two witnesses as is said to be the
position of so in one paragraph He summarized
so many different rules in in the court
in regards to um The Do you demand
an oath to every circumstance every scenario and
the dispute between humans or not?
So he gave different opinions over here and
the second one in regards to the rights
of allah subhanahu wa ta'ala He says
as for the rights of allah as for
the rights of allah Some of the people
of knowledge say an oath is not taken
for them in any circumstance Which is the
position of our colleagues and others and ahmed
stipulated that in the case of azzaqa Us
authority and hassan ibn salih and others said
that abu hanifa malik and they and ashafari
said that if he is suspect Then he
is required to swear an oath It is
similarly narrated of ashafari with respect to someone
who marries someone Whom it is not permissible
for him to marry and then later claiming
ignorance That he must be made to swear
an oath in support of his claim So
basically what some the summary of what he's
saying here in the haqq of allah subhanahu
wa ta'ala some they say no There
is no oath over here Because that's in
regards to allah subhanahu wa ta'ala between
you and allah azza wa jalla some ulama
they say well it depends In certain circumstances
such as for example dispute over marriage or
zakah or other, you know circumstances So just
a summary of this like I said, this
is a very technical actually hadith And if
you would like inshallah go and read the
discussion on your own And I hope inshallah
this explanation He will give you an idea
on how to understand when you read on
your own if you need any help with
that You can come back to us inshallah
next week inshallah We're going to be moving
to the next hadith Let's go to the
question inshallah It's
an interesting question so I had to go
to court and I made a mistake in
reporting my income So the court took away
my filing fee Should I donate that amount
of the fee back to the city it's
up to you I'll leave that for you
inshallah Any other questions because I didn't see
any questions except for this one Since we're
talking about these issues of Plenty of evidence
I need to bring to your attention what
has been of course circulating already on social
media also on whatsapp group in regard to
the case against one of the known famous
instructors of the of the quran which unfortunately
Came out to have violated of course the
trust of the the people they've been dealing
with And the trust and the amanah has
been given unfortunately with a very horrible accusation
of Of sexual misconduct and abuse that even
involve a minor as according to the indictment
So definitely as a as a religious leaders
in the community.
We're very distraught because of that Definitely we
condemn that with the strongest condemnation exploitation of
your position as a spiritual leader, whether it's
an imam or a quran teacher or whatever
that is Or taking advantage of course of
the people around you.
This of course, it's a horrible thing And
it should be Mentioned that it's as a
community We need to commit ourselves to justice
Making sure no matter no one above justice
and here in this situation If that of
course accusation has its proof and proof and
evidence which according to the indictment there are
actually Proofs and evidences as we've been explaining
here subhanallah.
So it really it makes us and feel
uh disheartened by this Uh circle these circumstances,
but definitely our commitment is always for justice
and protecting Our brothers and sisters in our
community and ourselves as well, too Doesn't depend
on people And I hope that people can
focus on their iman and in these in
these crisis and even the most righteous society
at the time of the prophet They had
to go through some of these accusations And
some people they failed really in these in
these tests So may allah keep us all
firm in our iman Really, I believe that
right now we need to focus on on
protecting the community And protecting the victims and
understanding that it's our duty to one another
to have It's very important for us to
have that inshallah and I really want you
to understand know that if there's anybody out
there that you know is uh Yeah, suffering
from this or being unfortunately affected by these
announcements.
We're here to help So we need to
talk about these issues inshallah ta'ala make
it very clear and may allah subhanahu wa'ta
'ala protect us all And bring the justice
to these victims and may allah subhanahu wa'ta
'ala Keep us firm in our iman and
always stand for that which is right