Yaser Birjas – TaSeel Class 62
AI: Summary ©
The conversation covers various narratives and their implications for the legal system, emphasizing the importance of avoiding sickness and being honest with others. It also highlights the need to respect people and not be harmed, treating people with joy and respect, even when it comes to deeds. The importance of faith in the court, giving an oath to a defense, protecting the community, and proving the point of view of the caller is emphasized. The transcript also includes a summary of various court rulings and their importance in protecting the community, including the Prophet's salallahu alayhi wa and the position of the plaintiff and the defendant.
AI: Summary ©
As-salamu alaykum wa rahmatullahi wa barakatuhu Alhamdulillahi
rabbil alameen Sallallahu alayhi wa sallam wa barakatuhu
wa nabiyyin wa muhammadin wa ala alihi wa
sahbihi wa sallam tasliman kathira thumma ma ba'd
Imam Ibn Qudamah r.a in the book
Muqtasir Minhaj al Qasidin he is showering us
with these gems in regards to the etiquette
of dealing with one another and tonight inshallah
ta'ala we are going to begin with
talking about huquq al muslim wal rahim wal
jiwad means your kinship, your fellow muslims and
as I said in the translation the translation
says and kings but actually the Arabic word
is al-milk, not al-mulk so al
-milk which means what malakatul yameen which is
basically the ownership of servants so we use
the word servants for this inshallah ta'ala
so it's not kings, it's the servants now,
go ahead bismillah wa salatu wa salam wa
ala rasulillah the author rahimahullah says among the
rights of huquq of a muslim are to
greet him when you meet him respond to
his invitation when he sneezes and says alhamdulillah
you should say yarhamakallah you should attend his
funeral fulfill his oath advise him when he
seeks your advice safeguard his honor when he
is absent like for him what you like
for him what you like for yourself and
dislike for him what you dislike for yourself
all these rights are stated in a number
of hadith naam alhamdulillah rabbil alameen wa sallallahu
wa sallam mubaraka nabiyyuna muhammadin wa ala alihi
wa sahbihi wa sallam tasliman katihatan mamma ba'd
so the author rahimahullah he began by speaking
about the huquq the rights you owe to
each other as muslims and he began by
using hadith an-nabi sallallahu alaihi wa sallam
because we have multiple hadith from the prophet
sallallahu alaihi wa sallam in which he says
in which he is rasulullah sallallahu alaihi wa
sallam is saying haqqul muslime al muslime khams
he says the rights of the muslims over
his fellow muslims five and he counted five
of them but there are other hadith the
prophet sallallahu alaihi wa sallam adds more of
these rights that we owe one another so
that's what collectively speaking he says over here
among these huquq are the following antusallim alahi
idha laqeetahu like if you see them you
say salam to them does that salam have
to be with a handshake not necessarily but
with a handshake if they're close ok if
not then from distance you say salam alaikum
to them saying salam saying salam in itself
is mustahab replying to the salam is wajib
jama'a it becomes wajib so to say
the salam is recommended but replying to it
if you get a salam from somebody becomes
obligatory upon you to respond to them that's
the haqq of the believer qal wa tujeebahu
idha da'aak if they invite you for
an invitation food for example and you have
the time and you have the capacity and
you have flexible to attend then you should
respond meaning don't deny that invitation because because
you feel that you're better than that or
they're not befitting your gathering and so on
that's not what it is so qal wa
tujeebahu idha da'aak wa tushammitahu idha atas
when he sneezes or she sneezes and they
say alhamdulillah then you say yurhamukallah if they
don't say alhamdulillah if someone sneezes and they
don't say alhamdulillah do you owe them yurhamukallah
the answer is no you only owe them
yurhamukallah if they say alhamdulillah so it becomes
obligatory upon you to respond to them so
therefore on you to say alhamdulillah it's recommended
but if you hear somebody saying yurhamukallah then
or he says alhamdulillah then you say yurhamukallah
how often how many times the allergy season
is coming jama'a right and the cold
weather is coming so we're gonna be hearing
a lot of sneezes I hope not in
the masjid alright if anyone sneezes jama'a
go home but if you sneeze multiple times
how many times should you keep saying so
in the hadith of the prophet three times
so the first time you say yurhamukallah second
time yurhamukallah third time yurhamukallah after that you
say shafakallah may Allah give you healing which
means you must be sick basically and that's
it you don't have to respond after that
no matter how many times they say alhamdulillah
after this up to you I don't know
if you would like to respond more than
that he said you should attend his funeral
the English translation skipped one of those obligations
that mention the Arabic text which is qawluhu
wa ta'uduhu idha marid and you visit
him when he is sick it's not mentioned
here in the text actually so you can
add this to there inshallah wa ta'uduhu
idha marid and you visit them you owe
them to visit them when they are sick
now we talk about what kind of sickness
jama'a the sickness that it does not
necessarily cause another contagious of course illness otherwise
in this situation you should avoid that however
you ask about them you make sure that
they are doing well inshallah and if the
person laqadarallah ends up in the hospital for
instance and you have time you should make
an effort to visit one another if they
come back home you make an effort as
well too qawluhu wa ta'uduhu idha marid
and that's when it says you should attend
the funeral when a person dies is it
an obligation an individual obligation or a community
obligation ya jama'a kifaya so the obligation
is collective it's communal obligation not individual obligation
but if the entire community doesn't do it
then we're all sinful so therefore you be
one of those individuals who are fulfilling the
obligation for the community so you take the
reward for yourself and also fulfilling the obligation
of the entire community qal wa tabarra qasamahoon
and you also fulfill his oath like if
someone said wallahi you're gonna need to do
this with me if like say wallahi you're
gonna eat with me for example and if
you have time and alhamdulillah you can then
share with them at least a morsel of
food to help them with that or they
ask you by Allah to visit this person
with them or attend this this for example
with them if you are willing which means
you have the time and the energy and
it's okay then you should tabarra qasamahoon qal
wa tansah lahu idhas tansahak in the ayat
the Prophet sallallahu alayhi wa sallam advised him
with that and tansah lahu idhas tansahak which
means you give them the advice when they
seek advice from you and you give them
sincere advice what does that mean ajma'a
means you don't give them what they want
you give them what what what they need
what they need I usually tell people when
they come to me and ask me for
advice I said look listen to me you
came to me to be to be honest
with you not to be nice not to
be nice to you like I don't have
to be nice to you I need to
be just honest with you and sometimes being
honest is not going to be that nice
because this is not what you're expecting so
therefore yeah you need to be honest with
them when they ask you for this for
this advice regardless whether it's in business matter
and family issues and whatever don't let competition
or jealousy sway you from being honest with
your brother and sister when they ask for
advice like someone comes to ask you for
a business advice and you had in mind
an idea similar to that or you find
that their idea is just like wow that's
a brilliant idea you know what so you
give them the bad advice so you can
steal the idea from them now that's not
right wa qal also wa tahfadahu bi dhahir
alghaybi itha ghab when that person is away
and absent of course you honor them you
honor them from people backbiting them saying ill
things about them you protect them in their
absence wa tuhibbu lahu ma tuhibbu li nafsik
and you love for yourself for them what
you love for yourself and dislike for them
what you dislike for yourself which is hadith
an Nabi sallallahu alayhi wa sallam that you're
not a true believer until you fulfill that
wa qal wa jami'u hada manqulum fil
athar and all these rights have been stated
in numbers of ahadith like I said in
the translation they're missing the part about visiting
someone when they're ill now other rights are
to refrain from harming the Muslims with your
words or actions and be humble yourself to
them and avoid being arrogant and do not
listen to the gossips of people against each
other and do not share with others the
information you hear from others so he says
from these other rights that you have you
owe each other is that you don't harm
them or hurt them um through of course
words or actions words like what?
saying bad things to them insulting them cursing
at them whatever actions considered distasteful statements that
you say to somebody action whether it's for
example parking illegally in front of their house
throwing trash on the front yard or even
physically doing something to them you're not supposed
to be doing that honor their rights you
humble yourself for all the believers brothers and
sisters don't you ever be arrogant that's one
of the major sins arrogance is one of
the major sins and especially when it comes
to the haq like for example one brother
or sister they tell you something that is
defying your statement and you know they're right
don't let your ego or arrogance you know
defy you and say no even though you
know that they're right and especially it comes
sometimes harder it becomes harder when it comes
from whom from the closest ones to you
like who your spouse or your children imagine
your child is reminding you of something your
ego kicks in and they're like oh I
don't want to admit fault here or spouse
tell you something to do it and that's
right for you in the dunya and the
akhira but your ego and your arrogance you
know prevents you from doing that that is
now a violation of the haq of your
spouse at the same time and that's very
dangerous don't be a a a a a
a a a a a To
greet the other will be absorbed of the
sin for forsaking one's brother in faith So
here the Prophet sallallahu alayhi wa sallam is
teaching us one of those beautiful etiquettes You
know, sometimes we have issues with one another,
you know, you said something that was not
appropriate You did something wrong or just simply
an argument that went wrong.
No insults, but argument went wrong As a
result, we don't speak with each other.
How long are we allowed to stay, you
know away from each other?
Especially if we're close to another someone that
you know The Prophet sallallahu alayhi wa sallam
said you cannot boycott them more than three
days and three nights After three days and
three nights the Prophet sallallahu alayhi wa sallam
said you have to break that silence and
you have to fix it He said Then
they meet They turn their backs to each
other And the best of the two is
the one who start with Salaam first, which
means what?
Reconciles Did the Prophet sallallahu alayhi wa sallam
in this hadith talk about whose fault was
it?
Did it even matter?
It didn't matter What matters is what?
The solution The solution and that happens a
lot between a husband and wife.
Our ego always kicks in and it's not
my fault It's your fault.
So you owe me an apology or you
need to fix it It doesn't matter whose
fault it is If you truly care about
one another and care about your relationship Whether
it was your brother and sister with your
with your family with your spouse Then we
have to learn to overlook and forgive and
move on You have to overlook 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 Note that this
forsaking of a person mentioned above is concerning
worldly issues As for the rights of religion,
the forsaking of the people of innovation And
the people of vain desires And the people
disobedient 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
SWT 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 If they insist,
just stay away from them If you can
guide them, then stay with them But if
it'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 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 he should
not go into any Muslim's house Except after
getting permission from the owner of the house
to enter So what he says here is
that look Part of the rights we owe
each other 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 as you can,
if you can afford Then you should assist
and help Be there for the service of
others Because the Prophet says The most beloved
people to Allah He says those who are
beneficial to others Those who are beneficial to
others Now he didn't say those who do
tahajjud and fast all those Mondays and Thursdays
No, he says Those most beneficial to others
May Allah make them among the most beneficial
to others So you try to be beneficial
to them One of the etiquette as well
Is you don't enter someone's house without permission
This culture over here is weird The non
-Muslim culture Sometimes people just open the doors
And go through and no questions They come
into the backyard, mashallah All of a sudden
they're on the porch In front of you,
it's just so weird And they open the
door, start calling you And they open the
door, they get into the house No, for
a Muslim Even if this person 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 for example a sign at the door
Hey please move to the backyard 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 One time, second time, third time
And if there's no response, what do you
do?
Just leave Don't keep knocking And ringing the
bell And calling and texting Maybe they don't
want to let you in in that moment
Now people they think Three times per Way
or method So three rings, three knocks Three
calls No, no, no, three times If they're
not opening Then go Unless what did you
man?
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?
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'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 a person who talks With
an ignorant person About scholarship An ideal 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
When you speak to people, speak to their
Understanding Are you going to 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 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 are going to 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 Someone who is Not really serious
They start teaching fiqh and All the kind
of stuff and so on That's not their
thing Someone who is not An idiot basically
And when you speak to them You speak
to them with eloquence of speech And also
he says You are going to harm them
And they are going to harm you Because
If you are going to argue with the
ignorant What happens?
He will defeat you Because the ignorant doesn't
have rules You are bound by the rules
of ilm I cannot use these Evidences and
proofs in this context 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 between statements And they
have no respect for 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 is not at
the same level Or at least close to
that 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 said
to us And have mercy and compassion to
the younger ones He's not a true believer,
he's not one of us 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 And people overall,
you're always cheerful That's what it means He
says over here, you should be gentle with
all people But actually the Arabic text says
You're always cheerful, smiling And of course gentle
with the people Because that was the etiquette
of the Prophet He always smiles So he's
always cheerful Because we know that emotions are
contagious And if you If you smile in
other people's face What happens?
They smile, natural But if you show Kind
of like Grumpy in their face They will
reflect And of course reply with the same
feelings probably And the same attitude So it's
important that you spread Joy among the people
If you promise, fulfill your promise As much
as you can And 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 you and them Because that's the most
dangerous thing Don't bring to the people anything
Unless you like this to be Done to
you as well Don't
leave me alone 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 Narration from al-Hasan al-Basri And
it's not a hadith by the way It
seems to be from the Israiliyat The last
statement How you deal with the people You
treat them the way you love to be
treated The last two paragraphs 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 And
hide the faults of the Muslims So this
is something that is interesting He said And
the Prophet Taught us this When you deal
with people Make sure that you give them
the respect and the reverence That they deserve
You are not going to treat an elderly
like a youngster You are not going to
treat a scholar like an ignorant You are
not going to treat someone who is 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
someone who is special For example status You
give them the respect that they deserve And
he says And part of the rights 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 faults of the Muslims Unfortunately we live
in a society That does what Goes after
the Awrat of the Muslims 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 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 Punish people publicly So that
they're exposed And people know what happens But
a private sin Someone had something between them
and Allah We should not really expose anybody
for that Some people Just like flies They
only go and they fall on the wound
Like just Where it hurts And they only
follow the filth basically So some people are
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 the
subject that we're going to be discussing Insha
Allah We'll stop here insha Allah We'll continue
the discussion next week For this one Bismillah
Alhamdulillah 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 technical It's very technical
It is used as one of those codes
Of law You know when Just like in
any Of course in any Judiciary system There's
specific codes, that's considered 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 ahadith And it is exclusively Speaks about
What does that mean?
Here in translation they say The claimant and
the counter claimant In court system So what
do you call claimant and counter claimant?
Plaintiff and Defendant So the claimant is the
plaintiff over here And the counter claimant Is
actually the defendant So I'm going to be
using the words Defendant and plaintiff so at
least we understand Them properly here Because the
words that are mentioned here Claimant and counter
claimant Basically literal translation to the word The
claimant So this hadith speaks about Something technical
in regards 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 Insha'Allah
Just explaining what the hadith is going to
be about So the hadith number 33 Go
ahead Now
we wrote Actually
the Arabic Text is So here they say
But it's Translation The
hadith So the hadith The prophet s.a
.w. says If people are being given For
whatever they tell Like if someone comes and
claims something And you're going to immediately give
them what they claim Then people they're going
to abuse that system and they will abuse
each other.
He says 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 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.
Al bayyina over here means the proof and
evidence.
And the one who 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 azawajal we will understand what
does that what does that mean.
So the hadith here has specific points.
The first point is to understand that al
bayyina al mudda'i.
That usually of course in any case you
have two people or two groups or two
entities.
One is the plaintiff and those are al
mudda'i.
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.
Al bayyina.
What type of proof you need?
So the ulema they of course elaborate on
that in details.
But some of these proofs is shuhud which
means witnesses.
Some of the bayyina which means that the
evidence should be also al iqra' which means
the defendant admits.
If they admit khalas 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 al qara'in.
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 wal yameenu ala
man ankar.
The al yameen which means you ask the
defendant to swear to give an oath to
deny that claim.
When we need to 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 the 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
gave testimony so we have a proof.
So in this case the yameen of the
defendant is null.
Are we clear?
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 that 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 and protecting people in
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 be
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 actually and it's it's
it's like a joke but a proverb in
the culture when they tell the harami which
means a thief qaloo lil harami ihlif qal
furajat.
They tell the harami, the thief, they told
him you're gonna you're gonna swear an oath.
He goes ok alhamdulillah we're good then.
Like if it's a matter of just given
an oath we're good then.
But jamaat it's dangerous because hadith an-nabi
salallahu alayhi wa sallam man halafa ala yameen,
whoever swears an oath ala yameen, yastahakku biha
malan 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, qal wa
huwa fiha fajir laqee allaha yawma alqiyamat wa
huwa alayhi ghadban.
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-qadha, the judge,
the judge who's gonna be now demanding the
proof from the from the plaintiff and the
oath from the defendant, the judge is a
human being.
And he or he is gonna be ruling
based on what?
The proofs and evidence that you have.
So the Prophet sallallahu alayhi wa sallam which
was mentioned in Sahih al-Bukhari Muslim, qala
sallallahu alayhi wa sallam, innama ana bashar, I
am only a human being, wa innakum taqtasimuna
ilayhi, you come and you bring your claims
to me.
He said qal fala'alla ba'dakum yakuna alhana
bihujjatihi min ba'd.
Some of you might be more eloquent than
others when the way they speak.
So they can present their case in a
much better way than the other person.
Qal faaqdi lahu ala nahi ma asmaa.
I will rule based on what I hear.
And he said sallallahu alayhi wa sallam, qal
fa innama hiya, fa man qadaytu lahu bihaqqi
akhiya.
If I rule for you, the right that
you know is not yours.
Qal fa innama hiya qit'atun min al
-nar.
I'm giving you a piece of fire.
Fal ya'khudha, aw yatrukha.
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
inshaAllah.
I want to make this hadith clear to
us before we go into the details, because
again, like I said, it's very technical.
So inshaAllah, we'll see how it goes.
Bismillah.
We're going to go from what it says,
the wording which the Shaykh has chosen.
Who's the Shaykh he's talking about over here?
Imam al-Nawawi.
Imam al-Nawawi, that he chose on this
hadith now.
The wording which the Shaykh 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 some of the versions are walakin al
-bayyinatu ala al-mudda'i wal-yameenu ala
al-mudda'a al-yameenu ala al-mudda
'a, which means and the oath is a
responsibility of the counterclaimant.
But this narration he chose, he chose wal
-yameenu ala man ankar and the oath is
a responsibility of who denies.
So it's not who's the counterclaimant, 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 rahimahum allahu ta'ala,
or 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-ahadith al
-kulliyat?
Here they chose the translation universal hadith.
But ahadith al-kulliyat, if you remember we
talked about al-qawa'id al-kulliyat, 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 week.
If you remember the hadith al-jama'a,
what was our hadith last week?
Remember?
la dharara wa la dhirara, 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 rahimahum allahu ta'ala,
who 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 al-hadith al
-kulliyat.
So just to give an idea what does
it mean to say al-hadith al-kulliyat,
universal al-hadith, the specific al-hadith has
phrases that be considered law in itself, like
innama al-a'malu binniyat, that's one of the
rules as well too of al-hadith al
-kulliyat.
And Ismail narrated it in his sahih, the
narration of al-Walid ibn Muslim.
Ibn Jurayj narrated to us from Ibn Abi
Mulaika, from Ibn Abbas, the Prophet ﷺ 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 made.
So in the English translation it doesn't see
how different that from the original Arabic.
So I'm going to read the Arabic for
you, he says, law yu'tan nasu bi da
'wahum, which is similar to the first version
we have, ladda'a rijalun dima'a rijalun
wa amwalahum, so he said the same thing,
that people claim the blood and the property
of others, walakin al-bayyinatu ala al-taalib
wal-yameenu ala al-matloob, so here's taalib
and matloob, so that's different terminology which gives
the exact same meaning.
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 Uthman ibn Ayyub al-Andalusi and
he described him as being of high merit
from Mughazi ibn Qais, from Ibn Abi Mulaika,
from Ibn Abbas, from the Prophet sallallahu alayhi
wa sallam, and then he mentioned this hadith
and he said a corroborative testimony is required
of the claimant and an oath is the
right of the one who denies the claim.
He basically used a different terminology saying lakin
al-bayyinatu ala manidda'a, he didn't say
al-mudda'i, al-manidda'a, wal-yameenu
ala manankar, again different versions and each one
of them by the way has a very
very subtle difference in terms of technicality when
it comes to the law and how to
understand that.
That's why he had to bring all these
different narrations.
So let's go to the next what he
says, there are other hadiths with similar principles.
So we now learned that 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 being accused right now, he has to
give an oath to set himself free.
By the way, that's in the court of
law, not among the people.
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 will
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 and obligations that we have here
in the discussion of this hadith.
So he's gonna 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 that Al-Ash'aib Ibn Khaysh
said there was a dispute between me and
a man about a well and we took
the dispute to the Prophet, the Messenger of
Allah ﷺ.
So the Messenger of Allah ﷺ 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 ﷺ said, whoever
swears an oath by what he demands property
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 says
They have no share and no place in
the Akhirah.
Allah will not speak to them.
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 Surah Al-Imran.
So this is now again strengthening the meaning
of the oath and how dangerous it is
to give a false oath.
Let's move on to the next.
So we're going to see different narrations.
Each one of them will bring another example
that is similar to this principle.
The next page they have Hajjaj As-Sawwaf
and there's Al-Nasa'i, another story.
Until we come to where he speaks about
now Umar ibn Khattab.
Read from there.
It has been narrated of Umar that he
wrote to Abu Musa, corroborated testimony is required
in the claimant and the oath is the
right of the one who denies.
Zayd ibn Thabit passed judgment on that basis
against Umar and in favor of Ubaid 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
ibn Khattab sent to Abu Musa Al-Ash
'ari, it is one of the most prominent
classic letters that explains the judiciary system in
Islam.
When Umar ibn Khattab used to send his
judges and of course his government and governors
around the world, he would advise them on
how to rule.
So Umar ibn Khattab sent to Abu Musa
Al-Ash'ari when he sends him off,
he sends 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 it for you a
little bit.
He says proceeding.
He says judgment, which means when you become
a judge, making, giving rules.
It's an obligation that needs to be well
done.
It's an example of the Prophet ﷺ and
those before.
فَفْحَمْ إِذَا أُدْلِيَ إِلَيْكَ Make sure to have
good understanding when they present to you.
You need to understand very well, which means
don't give yourself excuses.
I was tired, distracted.
No.
You need to understand when they speak to
you.
فَإِنَّهُ لَا يَنْفَعُ تَكَلُّمُ بِحَقِّ اللَّهِ نَفَاذَ لَهُ
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, قَالَ وَآسِي بَيْنَ النَّاسِ فِي وَجْهِكَ
وَعَدْلِكَ وَمَجْلِسِكَ Make sure to be fair with
the people when you sit in front of
them with your face, with your justice, and
with your majlis, which means with a seating.
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, and the
other person, you look at them neutrally.
No, no, no.
If you're going to smile in someone's face,
smile in the other person's face.
But what's better for you to do what?
Stay neutral.
Don't smile in either one's face at this
moment because now they're not your friends.
They're now plaintive and defendant.
So he says, be fair.
Also, وَعَدْلِكَ, when you try to be just
to both of them.
قَالَ وَمَجْلِسِكَ, when you seat them in the
court system.
Don't bring someone next to you, hey, come
over here, and then the other one sits
somewhere else.
No, you need to make them all equal
in that moment.
قَالَ حَتَّى لَا يَطْمَعَ شَرِيفٌ فِي حَيْفِكَ So
that the honorable people do not feel that
they're favored by you.
قَالَ وَلَا يَيْأَسْ ضَعِيفٌ مِنْ عَدْلِكَ 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.
قَالَ الْبَيِّنَةُ عَلَى مَنِ الدَّعَى وَالْيَمِينُ عَلَى مَنْ
أَنْكَرُ He said, the proof is the responsibility
of the plaintiff and the claimant.
And the oath is the responsibility of the
one who denies it.
And he mentioned many other examples.
SubhanAllah, they're beautiful.
Look it up online.
The message of Umar ibn al-Khattab and
Abu Musa al-Ash'ari.
We're going to move forward inshaAllah to the
next page.
On the top.
The faqa'ah of our colleagues the Hanbalis
and Ash-Shafiri differ as to the explanation
of the terms of the claimant and the
one against whom the claim is made.
I'm going to 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 have
been presented over here.
It is alright.
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'i from
al-mudda'i alayh.
I mean it's simple when you think of
the plaintiff versus defendant.
Usually 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 claimant that
sometimes they can be what?
The defendant sometimes they can be of course
al-mudda'i.
And sometimes the defendant when they present their
case they defend themselves sometimes but when they
speak they become mudda'i and they have
a claim against the other person.
So the person could be mudda'i mudda
'i alayh at the same time.
A plaintiff and a defendant at the same
time based on the circumstance 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 ulema say.
Who is the plaintiff and who is the
defendant?
What does that mean?
If someone makes a claim and they go
quiet, right?
They have the proof.
Do you have even to ask them 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 the defendant based on
this very simple definition.
The second?
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 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 is calling against what is considered
the apparent state or what you call al
-asl?
Who is the one who is changing what
is considered the apparent thing?
The apparent thing is what?
The man who is holding that watch in
his hand is the owner of that watch.
Now me coming and saying this is mine,
I'm obviously contradicting what is obvious.
That's supposed to be his.
So if you come to contradict what is
obvious, you become the what?
The plaintiff and the claimant, and it's on
you to prove the evidence that the watch
is yours.
You become your response to provide that.
If you tell the person, for example, Give
me my watch.
And 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'i.
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 is now going to give the
oath right now?
The one who claimed it first that this
is mine.
Because that person becomes the defendant in this
case.
So again, it needs to be very critical
how to understand who is the plaintiff and
who is the defendant in these situations.
Let's move on to the next, inshallah.
Do we demand?
As for someone who 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, i.e. he received the goods
in a good state, and he only is
without need of corroborative testimony because the 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 them the money.
So now, if this person you trusted comes
to you and says, I'm so sorry, there
was actually a flood, whatever that is, and
the money 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 don't owe you an oath.
Why is that?
Because they already were trustworthy.
The only reason why we demand an oath
from them is because we don't trust their
statements.
But because this person was already trustworthy to
you, we don't demand an oath from them.
That's a standard rule, but the ulema, they
have other circumstances for that.
So some say that, Some say that the
claimant who 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 is 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 lodges a deposit is the
claimant since if he is silent, he is
left alone.
So basically, there are different definitions of who
is the claimant and who is the counter
-claimant in these circumstances.
Again, it's a bit technical, so we're going
to move on to the next page, where
it 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.
It says, look, based on the hadith, we
only ask the oath from the defendant.
We don't demand the oath 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 maybe three lines after
that, there's the word Al-Qasama.
And down in the middle, there's Sa'id
ibn Ubaid narrated.
Read the story.
Sa'id ibn Ubaid narrated, Bousheir ibn Yassar
al-Ansari narrated to us from Sahal ibn
Abi Hathma that he told him that a
party of them went to Khaibar where they
separated and then came to find that one
of them had been killed and he mentioned
the rest of the hadith.
So what's the rest of the hadith over
here?
It's mentioned down there, but I'm going to
explain it real quick, inshallah.
So a group of sahaba went to Khaibar.
Khaibar was the land of the Jews at
the time.
So they separated, they went to different businesses,
because Khaibar was known to be a good
business place for tamarind dates and stuff.
They separated, and then when they came back
together, one is missing, where is he?
Looking around, they found him being killed or
dead 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 find, not
like today obviously, but they tried and they
couldn't 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 was killed, no one has
any testimony or even wants to admit that
they killed him.
This is called lawaf in the system of
Judaism 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 SAW
told them, said to the Sahaba, bring an
evidence to prove that you know the one
who killed him.
He said, we don't have that.
We have no proof.
He said, okay, in this case, I'm going
to 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
murder of this man.
That's called al-qasama, an Islamic system that
works in 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 oath of the Jews.
We don't believe them.
We're not going to trust them with that
oath.
So the Prophet SAW didn't know what to
do in this situation.
He told them, okay, in this case, we
will pay for his diyah, the blood money
from bayt al-mal.
We're going to just cover his diyah, which
is the blood money for his family from
bayt al-mal, from the house, the finance,
of course, of the community, or at least
in this case, 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 slide now, the
following page, where it says single witness.
Actually, it's not single, not that.
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 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 his saying, Sallallahu alayhi wasallam, 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 Mansur from Abu Wa'il, and
all the other narrators 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, al-bayyinah, 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 in the place of
the second witness, he gives an oath.
And that's an issue of argument among the
fuqaha and the ulama, if that is acceptable
and admitted as a proof or evidence against
the defendant.
That's an issue of argument in the court
of law.
Move on to the next page, inshallah.
Where it says actually the second statement.
Go to the second statement.
The second statement on the issue 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, Fadi Abu Ya'la mentioned in
his irregular views that it is the method
of Ahmed.
On the basis of this, the issues we
mentioned of judging by qasama, oaths, and by
a single witness and an oath are accomplished
because when the side of the claimant in
the case of qasama is strengthened by weak
and 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?
Why do we demand the defendant to give
an oath?
Because the defendant has the weakest evidence and
proof.
But the plaintiff, when they make a claim,
obviously, their claim is weak because it's 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'a alay, the defendant, he
has the strength of what?
The hal.
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 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.
So basically the second opinion is look at
who has the stronger case.
And the one who has the stronger case
would be the one who will be demanded,
of course, to give that oath.
Now, let's move on to the next.
Allah 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 Hussain.
Corroborative testimony is required of the claimant.
First, that this is singled out from his
general rule by a proof.
Second, that Hussain's corroborative testimony is required of
the claimant is not a general ruling because
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 given according to
what they claim, men would claim people's property
and lives.
So basically here what he's saying, he's going
to give you four opinions.
Four opinions.
To how do we explain the Prophet's statement
in regards to 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.
So remember what we said.
The bayyinah 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, the defendant
admits, the fault of course.
But then what about those circumstantial or factual
evidences?
Some of these factual evidences in our time
is what?
Fingerprints for example.
It 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 regards 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.
Yes.
Next, what it says?
It has been narrated?
By the way, you know what, I'm going
to 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,
Shuraykh 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 when we bring Shuraykh, he's
like the judge, that's what it means.
Did you understand the story?
Two women, they were fighting for kittens.
They both said, these kittens are for my
cat.
And the other one said, no, these kittens
are for my cat.
They both have cats, and each one of
them claimed, these kittens are mine.
They want to keep the kittens for themselves,
obviously.
MashaAllah.
So the ummah has so much compassion for
these kittens.
So they were claiming the kittens to be
theirs.
So al-Qadhi Shuraykh, he used circumstantial factual
evidence.
He goes, you know what, bring these two
cats.
And let the kittens go there.
If the mother stretches herself, and allows them
to come and nurse, then that's from that
cat.
Otherwise, if she runs away from them, that's
not her babies.
So that's simple as that.
That was his judgment, basically.
Now the other story, where it says al
-Qafah, he says that Imam al-Shafi'i
allows that, which is, these are now forensic
evidences.
Like al-Qafah are those people who are,
what do you call them, people who travel
in the desert, and they can follow footprints
and so on.
Trackers.
Treasure trackers.
So basically these trackers, he says, if you
have an expert tracker, who can give a
testimony, as an expert in the court, to
say, well based on the evidence I see
in this, actually this has 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 if people, if a farmer claimed
his neighbor's sheep or herd destroyed his farm.
He goes, we look around.
If we can see traces of their hooves
on the ground, then we take his word
as a test, as a proof.
Otherwise, we deny it.
So the point of this masala, is circumstantial
proofs, factual evidences, can also be admitted as
bayyina, in this context.
Now, Hussain.
Hussain, the oath is the right of the
one against whom the claim is made.
It 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
faqaha.
Madak 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 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, from Malik rahimallah.
He goes, look.
We understand that you owe them oath if
you don't have a bayyina against them.
However, in some circumstances, we don't demand an
oath from the defendant if these defendants have
a reputation to be trustworthy, to be of
noble, for example, a kind of status in
the community that is not befitting them to
be in this position.
They would never do something like this.
There is no solid evidence and proof against
them to these claims.
So in this case, we don't demand that
they give oath.
That's Imam Malik rahimallah's opinion as he mentioned
it over here.
And finally, witness under oath, the next page,
where it says, Muhanna asked Imam Ahmed.
Muhanna asked Imam Ahmed about this issue and
Ahmed answered.
Ali did it.
He asked him, is this correct?
He answered, Ali did it.
The fadi confirmed this 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 corroborated witness.
Like he's saying here, do you demand from
the plaintiff to give an oath if you
didn't have a clear evidence or proof?
I mean, the hadith says, no, you don't.
But here it says Ali, he demanded that
from him.
Which again, brings us to the hadith of
the Prophet salallahu 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 in order to provide or
give the oath.
We're going to go to the end, inshallah.
The last page.
On page 548, the fuqaha differ as
to whether or not an oath is demanded
for all Adamic human rights as is the
position of a Shafi'i and is in
one narration from Ahmed or whether an 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 it is sound to give generously away
or is the more well-known position of
Ahmed or whether the oath is only required
for every claim which does not need two
witnesses as is said to be the position
of man.
So in one paragraph, he summarized so many
different rules in the court in regards to
the huqooq of adamiyyin.
Do you demand an oath to every circumstance,
every scenario and 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.
He said that if he is suspect, then
he is required to swear an oath.
It is similarly narrated of a Shafi'i
with respect to someone who marries someone whom
it is not permissible for him to marry
and then later claim ignorance that he must
be made to swear an oath in support
of his claim.
So basically the summary of what he is
saying here, in the huqooq 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.
But in certain circumstances, such as, for example,
dispute over marriage or zakah or other circumstances.
So just a summary of this.
Like I said, this is a very technical
hadith.
And if you would like, insha'Allah ta
'ala, go and read the discussion on your
own.
And I hope insha'Allah this explanation will
give you an idea on how to understand
when you read it on your own.
If you need any help with that, you
can come back to us.
Next week, insha'Allah, we are going to
be moving to the next hadith b.a
.w. Wallahu ta'ala ala.
Let's go to the questions, insha'Allah.
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, insha'Allah ta
'ala.
Any other questions, jama'ah?
Because I didn't see any questions except for
this one.
Since we're talking about these issues of plaintive
and 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 Qur'an, which
unfortunately came out to have violated, of course,
the trust of the people he's been dealing
with, and the trust and the amanah has
been given, unfortunately, with a very horrible accusation
of sexual misconduct and abuse involving a minor
according to the indictment.
So definitely as 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 Qur'an
teacher, or whatever that is, or taking advantage,
of course, of the people around you.
This, of course, it's a horrible thing.
May Allah help us.
And it should be mentioned that as a
community, we need to commit ourselves to justice,
making sure no one is above justice.
And here in this situation, if that accusation
has its proof and evidence, which according to
the indictment, there are actually proofs and evidences,
as we've been explaining here, subhanAllah.
So it really makes us feel disheartened by
this circumstances.
But definitely our commitment is always for justice
and protecting our brothers and sisters in our
community, and ourselves as well too.
Alhamdulillah rabbil alameen, the deen of Allah subhanahu
wa ta'ala doesn't depend on people.
And I hope that people can focus on
their iman in this crisis.
And even the most righteous society, at the
time of the Prophet salallahu alaihi wa sallam,
they had to go through some of these
accusations.
And some people, they failed really in these
tests.
So may Allah subhanahu wa ta'ala keep
us all firm in our iman, rabbil alameen.
Really, I believe that right now, we need
to focus on protecting the community, and protecting
the victims, and understanding that it's our duty
to one another to have an amr ma
'ruf wa na'an al munkar.
It's very important for us to have that,
inshallah wa azza wa jal.
And I really want you to understand and
know that if there's anybody out there that
you know is suffering from this, or being
unfortunately affected by these announcements, we're here to
help.
So we need to talk about these issues,
inshallah wa ta'ala, and make it very
clear.
And may Allah subhanahu wa ta'ala protect
us, all rabbil alameen, and bring 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.
Wallahu ta'ala alam.
Khair, inshallah wa ta'ala.
Subhanaka, Allahumma bihamdik.
Ashara lala ant, astaghfiruka wa atubu ilayka.
Assalamualaikum warahmatullahi wabarakatuhu.