Yaser Birjas – TaSeel Class 62

Yaser Birjas
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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 ©

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			As-salamu alaykum wa rahmatullahi wa barakatuhu Alhamdulillahi
		
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			rabbil alameen Sallallahu alayhi wa sallam wa barakatuhu
		
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			wa nabiyyin wa muhammadin wa ala alihi wa
		
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			sahbihi wa sallam tasliman kathira thumma ma ba'd
		
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			Imam Ibn Qudamah r.a in the book
		
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			Muqtasir Minhaj al Qasidin he is showering us
		
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			with these gems in regards to the etiquette
		
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			of dealing with one another and tonight inshallah
		
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			ta'ala we are going to begin with
		
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			talking about huquq al muslim wal rahim wal
		
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			jiwad means your kinship, your fellow muslims and
		
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			as I said in the translation the translation
		
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			says and kings but actually the Arabic word
		
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			is al-milk, not al-mulk so al
		
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			-milk which means what malakatul yameen which is
		
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			basically the ownership of servants so we use
		
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			the word servants for this inshallah ta'ala
		
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			so it's not kings, it's the servants now,
		
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			go ahead bismillah wa salatu wa salam wa
		
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			ala rasulillah the author rahimahullah says among the
		
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			rights of huquq of a muslim are to
		
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			greet him when you meet him respond to
		
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			his invitation when he sneezes and says alhamdulillah
		
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			you should say yarhamakallah you should attend his
		
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			funeral fulfill his oath advise him when he
		
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			seeks your advice safeguard his honor when he
		
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			is absent like for him what you like
		
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			for him what you like for yourself and
		
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			dislike for him what you dislike for yourself
		
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			all these rights are stated in a number
		
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			of hadith naam alhamdulillah rabbil alameen wa sallallahu
		
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			wa sallam mubaraka nabiyyuna muhammadin wa ala alihi
		
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			wa sahbihi wa sallam tasliman katihatan mamma ba'd
		
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			so the author rahimahullah he began by speaking
		
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			about the huquq the rights you owe to
		
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			each other as muslims and he began by
		
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			using hadith an-nabi sallallahu alaihi wa sallam
		
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			because we have multiple hadith from the prophet
		
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			sallallahu alaihi wa sallam in which he says
		
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			in which he is rasulullah sallallahu alaihi wa
		
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			sallam is saying haqqul muslime al muslime khams
		
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			he says the rights of the muslims over
		
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			his fellow muslims five and he counted five
		
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			of them but there are other hadith the
		
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			prophet sallallahu alaihi wa sallam adds more of
		
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			these rights that we owe one another so
		
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			that's what collectively speaking he says over here
		
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			among these huquq are the following antusallim alahi
		
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			idha laqeetahu like if you see them you
		
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			say salam to them does that salam have
		
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			to be with a handshake not necessarily but
		
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			with a handshake if they're close ok if
		
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			not then from distance you say salam alaikum
		
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			to them saying salam saying salam in itself
		
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			is mustahab replying to the salam is wajib
		
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			jama'a it becomes wajib so to say
		
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			the salam is recommended but replying to it
		
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			if you get a salam from somebody becomes
		
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			obligatory upon you to respond to them that's
		
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			the haqq of the believer qal wa tujeebahu
		
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			idha da'aak if they invite you for
		
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			an invitation food for example and you have
		
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			the time and you have the capacity and
		
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			you have flexible to attend then you should
		
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			respond meaning don't deny that invitation because because
		
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			you feel that you're better than that or
		
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			they're not befitting your gathering and so on
		
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			that's not what it is so qal wa
		
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			tujeebahu idha da'aak wa tushammitahu idha atas
		
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			when he sneezes or she sneezes and they
		
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			say alhamdulillah then you say yurhamukallah if they
		
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			don't say alhamdulillah if someone sneezes and they
		
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			don't say alhamdulillah do you owe them yurhamukallah
		
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			the answer is no you only owe them
		
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			yurhamukallah if they say alhamdulillah so it becomes
		
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			obligatory upon you to respond to them so
		
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			therefore on you to say alhamdulillah it's recommended
		
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			but if you hear somebody saying yurhamukallah then
		
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			or he says alhamdulillah then you say yurhamukallah
		
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			how often how many times the allergy season
		
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			is coming jama'a right and the cold
		
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			weather is coming so we're gonna be hearing
		
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			a lot of sneezes I hope not in
		
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			the masjid alright if anyone sneezes jama'a
		
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			go home but if you sneeze multiple times
		
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			how many times should you keep saying so
		
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			in the hadith of the prophet three times
		
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			so the first time you say yurhamukallah second
		
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			time yurhamukallah third time yurhamukallah after that you
		
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			say shafakallah may Allah give you healing which
		
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			means you must be sick basically and that's
		
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			it you don't have to respond after that
		
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			no matter how many times they say alhamdulillah
		
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			after this up to you I don't know
		
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			if you would like to respond more than
		
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			that he said you should attend his funeral
		
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			the English translation skipped one of those obligations
		
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			that mention the Arabic text which is qawluhu
		
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			wa ta'uduhu idha marid and you visit
		
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			him when he is sick it's not mentioned
		
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			here in the text actually so you can
		
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			add this to there inshallah wa ta'uduhu
		
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			idha marid and you visit them you owe
		
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			them to visit them when they are sick
		
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			now we talk about what kind of sickness
		
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			jama'a the sickness that it does not
		
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			necessarily cause another contagious of course illness otherwise
		
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			in this situation you should avoid that however
		
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			you ask about them you make sure that
		
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			they are doing well inshallah and if the
		
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			person laqadarallah ends up in the hospital for
		
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			instance and you have time you should make
		
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			an effort to visit one another if they
		
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			come back home you make an effort as
		
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			well too qawluhu wa ta'uduhu idha marid
		
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			and that's when it says you should attend
		
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			the funeral when a person dies is it
		
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			an obligation an individual obligation or a community
		
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			obligation ya jama'a kifaya so the obligation
		
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			is collective it's communal obligation not individual obligation
		
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			but if the entire community doesn't do it
		
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			then we're all sinful so therefore you be
		
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			one of those individuals who are fulfilling the
		
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			obligation for the community so you take the
		
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			reward for yourself and also fulfilling the obligation
		
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			of the entire community qal wa tabarra qasamahoon
		
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			and you also fulfill his oath like if
		
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			someone said wallahi you're gonna need to do
		
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			this with me if like say wallahi you're
		
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			gonna eat with me for example and if
		
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			you have time and alhamdulillah you can then
		
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			share with them at least a morsel of
		
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			food to help them with that or they
		
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			ask you by Allah to visit this person
		
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			with them or attend this this for example
		
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			with them if you are willing which means
		
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			you have the time and the energy and
		
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			it's okay then you should tabarra qasamahoon qal
		
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			wa tansah lahu idhas tansahak in the ayat
		
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			the Prophet sallallahu alayhi wa sallam advised him
		
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			with that and tansah lahu idhas tansahak which
		
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			means you give them the advice when they
		
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			seek advice from you and you give them
		
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			sincere advice what does that mean ajma'a
		
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			means you don't give them what they want
		
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			you give them what what what they need
		
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			what they need I usually tell people when
		
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			they come to me and ask me for
		
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			advice I said look listen to me you
		
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			came to me to be to be honest
		
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			with you not to be nice not to
		
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			be nice to you like I don't have
		
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			to be nice to you I need to
		
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			be just honest with you and sometimes being
		
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			honest is not going to be that nice
		
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			because this is not what you're expecting so
		
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			therefore yeah you need to be honest with
		
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			them when they ask you for this for
		
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			this advice regardless whether it's in business matter
		
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			and family issues and whatever don't let competition
		
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			or jealousy sway you from being honest with
		
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			your brother and sister when they ask for
		
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			advice like someone comes to ask you for
		
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			a business advice and you had in mind
		
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			an idea similar to that or you find
		
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			that their idea is just like wow that's
		
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			a brilliant idea you know what so you
		
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			give them the bad advice so you can
		
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			steal the idea from them now that's not
		
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			right wa qal also wa tahfadahu bi dhahir
		
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			alghaybi itha ghab when that person is away
		
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			and absent of course you honor them you
		
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			honor them from people backbiting them saying ill
		
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			things about them you protect them in their
		
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			absence wa tuhibbu lahu ma tuhibbu li nafsik
		
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			and you love for yourself for them what
		
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			you love for yourself and dislike for them
		
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			what you dislike for yourself which is hadith
		
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			an Nabi sallallahu alayhi wa sallam that you're
		
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			not a true believer until you fulfill that
		
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			wa qal wa jami'u hada manqulum fil
		
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			athar and all these rights have been stated
		
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			in numbers of ahadith like I said in
		
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			the translation they're missing the part about visiting
		
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			someone when they're ill now other rights are
		
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			to refrain from harming the Muslims with your
		
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			words or actions and be humble yourself to
		
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			them and avoid being arrogant and do not
		
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			listen to the gossips of people against each
		
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			other and do not share with others the
		
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			information you hear from others so he says
		
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			from these other rights that you have you
		
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			owe each other is that you don't harm
		
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			them or hurt them um through of course
		
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			words or actions words like what?
		
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			saying bad things to them insulting them cursing
		
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			at them whatever actions considered distasteful statements that
		
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			you say to somebody action whether it's for
		
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			example parking illegally in front of their house
		
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			throwing trash on the front yard or even
		
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			physically doing something to them you're not supposed
		
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			to be doing that honor their rights you
		
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			humble yourself for all the believers brothers and
		
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			sisters don't you ever be arrogant that's one
		
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			of the major sins arrogance is one of
		
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			the major sins and especially when it comes
		
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			to the haq like for example one brother
		
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			or sister they tell you something that is
		
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			defying your statement and you know they're right
		
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			don't let your ego or arrogance you know
		
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			defy you and say no even though you
		
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			know that they're right and especially it comes
		
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			sometimes harder it becomes harder when it comes
		
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			from whom from the closest ones to you
		
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			like who your spouse or your children imagine
		
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			your child is reminding you of something your
		
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			ego kicks in and they're like oh I
		
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			don't want to admit fault here or spouse
		
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			tell you something to do it and that's
		
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			right for you in the dunya and the
		
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			akhira but your ego and your arrogance you
		
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			know prevents you from doing that that is
		
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			now a violation of the haq of your
		
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			spouse at the same time and that's very
		
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			dangerous don't be a a a a a
		
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			a a a a a To
		
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			greet the other will be absorbed of the
		
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			sin for forsaking one's brother in faith So
		
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			here the Prophet sallallahu alayhi wa sallam is
		
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			teaching us one of those beautiful etiquettes You
		
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			know, sometimes we have issues with one another,
		
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			you know, you said something that was not
		
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			appropriate You did something wrong or just simply
		
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			an argument that went wrong.
		
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			No insults, but argument went wrong As a
		
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			result, we don't speak with each other.
		
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			How long are we allowed to stay, you
		
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			know away from each other?
		
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			Especially if we're close to another someone that
		
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			you know The Prophet sallallahu alayhi wa sallam
		
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			said you cannot boycott them more than three
		
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			days and three nights After three days and
		
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			three nights the Prophet sallallahu alayhi wa sallam
		
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			said you have to break that silence and
		
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			you have to fix it He said Then
		
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			they meet They turn their backs to each
		
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			other And the best of the two is
		
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			the one who start with Salaam first, which
		
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			means what?
		
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			Reconciles Did the Prophet sallallahu alayhi wa sallam
		
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			in this hadith talk about whose fault was
		
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			it?
		
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			Did it even matter?
		
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			It didn't matter What matters is what?
		
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			The solution The solution and that happens a
		
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			lot between a husband and wife.
		
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			Our ego always kicks in and it's not
		
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			my fault It's your fault.
		
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			So you owe me an apology or you
		
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			need to fix it It doesn't matter whose
		
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			fault it is If you truly care about
		
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			one another and care about your relationship Whether
		
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			it was your brother and sister with your
		
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			with your family with your spouse Then we
		
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			have to learn to overlook and forgive and
		
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			move on You have to overlook forgive and
		
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			move on as much as we can of
		
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			course now, that's not an obligation.
		
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			It's a recommendation But that being it's not
		
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			about being right all the time sometimes sometimes
		
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			just about being kind and Being kind can
		
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			bring the hearts together inshallah Note that this
		
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			forsaking of a person mentioned above is concerning
		
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			worldly issues As for the rights of religion,
		
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			the forsaking of the people of innovation And
		
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			the people of vain desires And the people
		
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			disobedient It should be permanent if they do
		
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			not repent or return to the right path
		
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			If you remember we talked about this in
		
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			a previous section, right?
		
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			How should we treat the people of bid
		
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			'ah?
		
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			What kind of bid'ah we're talking about?
		
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			The innovation that can hurt the one's iman,
		
00:14:02 --> 00:14:04
			one's aqeedah, one's practice and belief in Allah
		
00:14:04 --> 00:14:07
			SWT So those people as long as they're
		
00:14:07 --> 00:14:09
			insistent on their aqeedah They're insistent on their
		
00:14:09 --> 00:14:11
			bid'ah and they're insistent on even calling
		
00:14:11 --> 00:14:13
			to it You should avoid them.
		
00:14:13 --> 00:14:16
			You should advise them first If they insist,
		
00:14:16 --> 00:14:18
			just stay away from them If you can
		
00:14:18 --> 00:14:20
			guide them, then stay with them But if
		
00:14:20 --> 00:14:22
			it's gonna hurt you, just stay away from
		
00:14:22 --> 00:14:25
			them He says those people if they show
		
00:14:25 --> 00:14:27
			raj'ah If they show tawbah, if they
		
00:14:27 --> 00:14:29
			repent, if they're looking for reconciling Then you
		
00:14:29 --> 00:14:31
			reach out to them But if they insist
		
00:14:31 --> 00:14:32
			and they keep calling for this bid'ah
		
00:14:32 --> 00:14:35
			Then stay away from them That also includes
		
00:14:35 --> 00:14:37
			people who have ma'asi That are very
		
00:14:37 --> 00:14:40
			prominent public ma'asi That they're public with
		
00:14:40 --> 00:14:42
			it And they invite others to it And
		
00:14:42 --> 00:14:45
			can be dangerous to the average person Also
		
00:14:45 --> 00:14:48
			you give them basically that kind of separation
		
00:14:48 --> 00:14:52
			Stay away from them Part of the rights
		
00:14:52 --> 00:14:54
			of a Muslim are That a Muslim should
		
00:14:54 --> 00:14:56
			help and do any good that he's able
		
00:14:56 --> 00:14:58
			to do for other Muslims And he should
		
00:14:58 --> 00:15:01
			not go into any Muslim's house Except after
		
00:15:01 --> 00:15:03
			getting permission from the owner of the house
		
00:15:03 --> 00:15:06
			to enter So what he says here is
		
00:15:06 --> 00:15:07
			that look Part of the rights we owe
		
00:15:07 --> 00:15:10
			each other Be there for your brothers and
		
00:15:10 --> 00:15:13
			sisters whenever there is a need Someone comes
		
00:15:13 --> 00:15:15
			to you asking for help With their car,
		
00:15:15 --> 00:15:18
			with their child, with their spouse, with money
		
00:15:18 --> 00:15:21
			Whatever that is As long as you can,
		
00:15:21 --> 00:15:24
			if you can afford Then you should assist
		
00:15:24 --> 00:15:26
			and help Be there for the service of
		
00:15:26 --> 00:15:31
			others Because the Prophet says The most beloved
		
00:15:31 --> 00:15:33
			people to Allah He says those who are
		
00:15:33 --> 00:15:36
			beneficial to others Those who are beneficial to
		
00:15:36 --> 00:15:37
			others Now he didn't say those who do
		
00:15:37 --> 00:15:39
			tahajjud and fast all those Mondays and Thursdays
		
00:15:39 --> 00:15:43
			No, he says Those most beneficial to others
		
00:15:43 --> 00:15:44
			May Allah make them among the most beneficial
		
00:15:44 --> 00:15:46
			to others So you try to be beneficial
		
00:15:46 --> 00:15:48
			to them One of the etiquette as well
		
00:15:48 --> 00:15:51
			Is you don't enter someone's house without permission
		
00:15:52 --> 00:15:55
			This culture over here is weird The non
		
00:15:55 --> 00:15:57
			-Muslim culture Sometimes people just open the doors
		
00:15:57 --> 00:15:59
			And go through and no questions They come
		
00:15:59 --> 00:16:01
			into the backyard, mashallah All of a sudden
		
00:16:01 --> 00:16:03
			they're on the porch In front of you,
		
00:16:03 --> 00:16:05
			it's just so weird And they open the
		
00:16:05 --> 00:16:06
			door, start calling you And they open the
		
00:16:06 --> 00:16:09
			door, they get into the house No, for
		
00:16:09 --> 00:16:11
			a Muslim Even if this person is your
		
00:16:11 --> 00:16:15
			relative Even this person is your friend You
		
00:16:15 --> 00:16:17
			can't just open the door And go through
		
00:16:18 --> 00:16:21
			Unless you have been given Pre-permission for
		
00:16:21 --> 00:16:22
			that Like what?
		
00:16:22 --> 00:16:26
			There's for example a sign at the door
		
00:16:27 --> 00:16:29
			Hey please move to the backyard Enter freely
		
00:16:29 --> 00:16:31
			to the backyard Open the door and just
		
00:16:31 --> 00:16:32
			please come on in If they give you
		
00:16:32 --> 00:16:35
			that permission then it's okay Now how many
		
00:16:35 --> 00:16:37
			times should you Seek permission to enter the
		
00:16:37 --> 00:16:37
			house?
		
00:16:37 --> 00:16:41
			Three times One time, second time, third time
		
00:16:42 --> 00:16:43
			And if there's no response, what do you
		
00:16:43 --> 00:16:44
			do?
		
00:16:45 --> 00:16:49
			Just leave Don't keep knocking And ringing the
		
00:16:49 --> 00:16:52
			bell And calling and texting Maybe they don't
		
00:16:52 --> 00:16:53
			want to let you in in that moment
		
00:16:53 --> 00:16:58
			Now people they think Three times per Way
		
00:16:58 --> 00:17:02
			or method So three rings, three knocks Three
		
00:17:02 --> 00:17:05
			calls No, no, no, three times If they're
		
00:17:05 --> 00:17:10
			not opening Then go Unless what did you
		
00:17:10 --> 00:17:10
			man?
		
00:17:12 --> 00:17:16
			There's an appointment So they're expecting you Right?
		
00:17:17 --> 00:17:18
			They expect you to come at five o
		
00:17:18 --> 00:17:21
			'clock for example So now you came at
		
00:17:21 --> 00:17:23
			five o'clock You knock on the door
		
00:17:23 --> 00:17:25
			First time, second time, third time They're not
		
00:17:25 --> 00:17:27
			actually responding In this case, can you call?
		
00:17:28 --> 00:17:31
			Yes Let them know, hey I'm outside the
		
00:17:31 --> 00:17:32
			door What do I do?
		
00:17:33 --> 00:17:35
			Because they expect you to be there But
		
00:17:35 --> 00:17:37
			are you allowed if they're not responding Are
		
00:17:37 --> 00:17:39
			you allowed to start sneaking into the windows
		
00:17:39 --> 00:17:40
			And looking through the door and the cracks
		
00:17:41 --> 00:17:45
			Absolutely not Unless of course you're suspecting something
		
00:17:46 --> 00:17:48
			Foul Or something else So in this case
		
00:17:49 --> 00:17:52
			With the intention of helping otherwise Keeping their
		
00:17:52 --> 00:17:58
			privacy Other rights of the Muslims are That
		
00:17:58 --> 00:18:01
			a Muslim should behave decently Towards people And
		
00:18:01 --> 00:18:03
			that is by dealing with each other With
		
00:18:03 --> 00:18:05
			each person in a manner that befits them
		
00:18:05 --> 00:18:07
			This is because a person who talks With
		
00:18:07 --> 00:18:11
			an ignorant person About scholarship An ideal person
		
00:18:11 --> 00:18:15
			about rulings And a foolish person with elucidation
		
00:18:15 --> 00:18:18
			Will harm you and harm others So this
		
00:18:18 --> 00:18:19
			is an interesting thing over here I want
		
00:18:19 --> 00:18:21
			to explain it because the translation does not
		
00:18:21 --> 00:18:23
			give it its haqq He says you need
		
00:18:23 --> 00:18:26
			to Deal with people based on Their standards
		
00:18:30 --> 00:18:33
			When you speak to people, speak to their
		
00:18:33 --> 00:18:36
			Understanding Are you going to say a thing
		
00:18:36 --> 00:18:38
			to them that As a result they will
		
00:18:38 --> 00:18:41
			probably maybe deny Allah's Commandments Because sometimes we
		
00:18:41 --> 00:18:43
			might say things in fiqh and akhlaq That
		
00:18:43 --> 00:18:45
			people are not familiar with And as a
		
00:18:45 --> 00:18:47
			result they deny the Quran and the sunnah
		
00:18:47 --> 00:18:50
			probably So he gives an example So therefore
		
00:18:50 --> 00:18:51
			he says If you are going to be
		
00:18:51 --> 00:18:54
			dealing with someone who is jahil Someone who
		
00:18:54 --> 00:18:55
			is not known to be a knowledgeable person
		
00:18:55 --> 00:18:59
			Don't start Kind of like Flexing your ilm
		
00:18:59 --> 00:19:02
			on this person Don't talk to them about
		
00:19:02 --> 00:19:06
			ilm That they have no Understanding of Also
		
00:19:06 --> 00:19:12
			he says Someone who is Not really serious
		
00:19:12 --> 00:19:15
			They start teaching fiqh and All the kind
		
00:19:15 --> 00:19:16
			of stuff and so on That's not their
		
00:19:16 --> 00:19:24
			thing Someone who is not An idiot basically
		
00:19:24 --> 00:19:26
			And when you speak to them You speak
		
00:19:26 --> 00:19:29
			to them with eloquence of speech And also
		
00:19:29 --> 00:19:35
			he says You are going to harm them
		
00:19:35 --> 00:19:38
			And they are going to harm you Because
		
00:19:38 --> 00:19:43
			If you are going to argue with the
		
00:19:43 --> 00:19:44
			ignorant What happens?
		
00:19:45 --> 00:19:48
			He will defeat you Because the ignorant doesn't
		
00:19:48 --> 00:19:50
			have rules You are bound by the rules
		
00:19:50 --> 00:19:54
			of ilm I cannot use these Evidences and
		
00:19:54 --> 00:19:56
			proofs in this context Because it's not The
		
00:19:56 --> 00:19:58
			rule doesn't allow me to do that But
		
00:19:58 --> 00:20:01
			some people who have no respect to these
		
00:20:01 --> 00:20:01
			rules What do they do?
		
00:20:02 --> 00:20:06
			They bounce and jump between statements And they
		
00:20:06 --> 00:20:07
			have no respect for these rules So be
		
00:20:07 --> 00:20:09
			careful when you talk to people Don't try
		
00:20:09 --> 00:20:11
			to flex your ilm And your fiqh and
		
00:20:11 --> 00:20:13
			your understanding With someone who is not at
		
00:20:13 --> 00:20:14
			the same level Or at least close to
		
00:20:14 --> 00:20:36
			that So
		
00:20:36 --> 00:20:38
			he says over here And some of the
		
00:20:38 --> 00:20:40
			etiquette is to make sure That you respect
		
00:20:40 --> 00:20:41
			the elders And that's what the Prophet said
		
00:20:41 --> 00:20:44
			to us And have mercy and compassion to
		
00:20:44 --> 00:20:51
			the younger ones He's not a true believer,
		
00:20:51 --> 00:20:53
			he's not one of us Someone who does
		
00:20:53 --> 00:20:56
			not honor our elders Or show mercy and
		
00:20:56 --> 00:20:58
			compassion to the youngsters So that's part of
		
00:20:58 --> 00:21:05
			the etiquette of the believers And people overall,
		
00:21:05 --> 00:21:07
			you're always cheerful That's what it means He
		
00:21:07 --> 00:21:10
			says over here, you should be gentle with
		
00:21:10 --> 00:21:13
			all people But actually the Arabic text says
		
00:21:16 --> 00:21:19
			You're always cheerful, smiling And of course gentle
		
00:21:19 --> 00:21:21
			with the people Because that was the etiquette
		
00:21:21 --> 00:21:29
			of the Prophet He always smiles So he's
		
00:21:29 --> 00:21:32
			always cheerful Because we know that emotions are
		
00:21:32 --> 00:21:37
			contagious And if you If you smile in
		
00:21:37 --> 00:21:38
			other people's face What happens?
		
00:21:39 --> 00:21:43
			They smile, natural But if you show Kind
		
00:21:43 --> 00:21:47
			of like Grumpy in their face They will
		
00:21:47 --> 00:21:50
			reflect And of course reply with the same
		
00:21:50 --> 00:21:53
			feelings probably And the same attitude So it's
		
00:21:53 --> 00:21:56
			important that you spread Joy among the people
		
00:21:56 --> 00:22:01
			If you promise, fulfill your promise As much
		
00:22:01 --> 00:22:05
			as you can And Which means be fair
		
00:22:05 --> 00:22:07
			with the people Even if it was against
		
00:22:07 --> 00:22:10
			yourself Even if it was against you You
		
00:22:10 --> 00:22:14
			made the mistake, admit it Admit it, don't
		
00:22:14 --> 00:22:17
			let your Ego come between you And standing
		
00:22:17 --> 00:22:19
			for the truth Don't let your ego come
		
00:22:19 --> 00:22:21
			between you and them Because that's the most
		
00:22:21 --> 00:22:27
			dangerous thing Don't bring to the people anything
		
00:22:27 --> 00:22:30
			Unless you like this to be Done to
		
00:22:30 --> 00:22:57
			you as well Don't
		
00:22:57 --> 00:23:00
			leave me alone And not associate anything in
		
00:23:00 --> 00:23:02
			worship with me The thing that is for
		
00:23:02 --> 00:23:05
			That is for you Is that I will
		
00:23:05 --> 00:23:08
			reward you for your deeds When you are
		
00:23:08 --> 00:23:11
			most In need of the reward The thing
		
00:23:11 --> 00:23:13
			that is between me and you Is that
		
00:23:13 --> 00:23:15
			you should supplicate to me And I will
		
00:23:15 --> 00:23:19
			answer your supplications As for the thing Which
		
00:23:19 --> 00:23:21
			is between you and the people It is
		
00:23:21 --> 00:23:23
			that you should treat them As you would
		
00:23:23 --> 00:23:25
			like them to treat you So he brought
		
00:23:25 --> 00:23:28
			this Narration from al-Hasan al-Basri And
		
00:23:28 --> 00:23:30
			it's not a hadith by the way It
		
00:23:30 --> 00:23:33
			seems to be from the Israiliyat The last
		
00:23:33 --> 00:23:35
			statement How you deal with the people You
		
00:23:35 --> 00:23:36
			treat them the way you love to be
		
00:23:36 --> 00:23:45
			treated The last two paragraphs More rights More
		
00:23:45 --> 00:23:48
			rights are that There should be additional respect
		
00:23:48 --> 00:23:51
			For people of status And settle the disputes
		
00:23:51 --> 00:23:55
			between people And bring them into harmony And
		
00:23:55 --> 00:23:57
			hide the faults of the Muslims So this
		
00:23:57 --> 00:24:02
			is something that is interesting He said And
		
00:24:02 --> 00:24:08
			the Prophet Taught us this When you deal
		
00:24:08 --> 00:24:10
			with people Make sure that you give them
		
00:24:10 --> 00:24:11
			the respect and the reverence That they deserve
		
00:24:12 --> 00:24:14
			You are not going to treat an elderly
		
00:24:14 --> 00:24:15
			like a youngster You are not going to
		
00:24:15 --> 00:24:18
			treat a scholar like an ignorant You are
		
00:24:18 --> 00:24:19
			not going to treat someone who is known
		
00:24:19 --> 00:24:21
			to be noble With someone who is an
		
00:24:21 --> 00:24:26
			average So Treat the people based on their
		
00:24:26 --> 00:24:28
			status Of course As long as that is
		
00:24:28 --> 00:24:32
			not considered Showing arrogance on their part Or
		
00:24:32 --> 00:24:34
			even they expect that from you in that
		
00:24:34 --> 00:24:36
			fashion But that's part of the adab That's
		
00:24:36 --> 00:24:38
			part of the adab So when you see
		
00:24:38 --> 00:24:39
			the elderly in the masjid You treat them
		
00:24:39 --> 00:24:41
			accordingly And the same thing when you see
		
00:24:41 --> 00:24:44
			someone who is special For example status You
		
00:24:44 --> 00:24:46
			give them the respect that they deserve And
		
00:24:46 --> 00:24:48
			he says And part of the rights that
		
00:24:48 --> 00:24:51
			you have for your brothers and sisters Is
		
00:24:51 --> 00:24:55
			that you And when you see people Are
		
00:24:56 --> 00:24:59
			Disputing or causing A rift between them Whether
		
00:24:59 --> 00:25:02
			it's for their spouse or family members It's
		
00:25:02 --> 00:25:03
			your duty as much as you can of
		
00:25:03 --> 00:25:05
			course If you can to bring them back
		
00:25:05 --> 00:25:08
			together And in the process Also to conceal
		
00:25:08 --> 00:25:11
			the faults of the Muslims Unfortunately we live
		
00:25:11 --> 00:25:15
			in a society That does what Goes after
		
00:25:15 --> 00:25:18
			the Awrat of the Muslims Like you follow
		
00:25:18 --> 00:25:21
			the faults of other people Unfortunately That's what
		
00:25:21 --> 00:25:23
			the internet is all about When people make
		
00:25:23 --> 00:25:25
			mistakes or faults and so on It's just
		
00:25:25 --> 00:25:29
			all over the place And the Actually we
		
00:25:29 --> 00:25:31
			conceal that There's a big difference between someone
		
00:25:31 --> 00:25:34
			commits a crime And someone of course commits
		
00:25:34 --> 00:25:37
			a sin A crime is a crime And
		
00:25:37 --> 00:25:41
			part of the Punish people publicly So that
		
00:25:41 --> 00:25:44
			they're exposed And people know what happens But
		
00:25:44 --> 00:25:47
			a private sin Someone had something between them
		
00:25:47 --> 00:25:50
			and Allah We should not really expose anybody
		
00:25:50 --> 00:25:58
			for that Some people Just like flies They
		
00:25:58 --> 00:26:00
			only go and they fall on the wound
		
00:26:01 --> 00:26:04
			Like just Where it hurts And they only
		
00:26:04 --> 00:26:06
			follow the filth basically So some people are
		
00:26:06 --> 00:26:08
			like that So part of the believers are
		
00:26:08 --> 00:26:10
			the opposite If there is a way to
		
00:26:10 --> 00:26:13
			conceal The fault of others Then that's the
		
00:26:13 --> 00:26:17
			standard And again we're talking about sins Faults,
		
00:26:17 --> 00:26:20
			errors That they've done against their own selves
		
00:26:20 --> 00:26:23
			Crimes, that's a different story And that's the
		
00:26:23 --> 00:26:24
			subject that we're going to be discussing Insha
		
00:26:24 --> 00:26:28
			Allah We'll stop here insha Allah We'll continue
		
00:26:28 --> 00:27:09
			the discussion next week For this one Bismillah
		
00:27:09 --> 00:27:12
			Alhamdulillah So in the book of Imam Ibn
		
00:27:12 --> 00:27:16
			Rajab We're studying right now Hadith number 33
		
00:27:17 --> 00:27:19
			I'm going to give a disclaimer right now
		
00:27:19 --> 00:27:21
			This hadith might be one of the most
		
00:27:21 --> 00:27:22
			complicated That you're going to be studying here
		
00:27:22 --> 00:27:23
			Why is that?
		
00:27:23 --> 00:27:26
			Because it's very very technical It's very technical
		
00:27:27 --> 00:27:29
			It is used as one of those codes
		
00:27:29 --> 00:27:33
			Of law You know when Just like in
		
00:27:33 --> 00:27:37
			any Of course in any Judiciary system There's
		
00:27:37 --> 00:27:40
			specific codes, that's considered codes of law And
		
00:27:40 --> 00:27:43
			these are the phrases Are used in order
		
00:27:43 --> 00:27:46
			to establish Law and order And this hadith
		
00:27:46 --> 00:27:48
			that we're having over here Is one of
		
00:27:48 --> 00:27:52
			these ahadith And it is exclusively Speaks about
		
00:27:54 --> 00:27:55
			What does that mean?
		
00:27:55 --> 00:27:58
			Here in translation they say The claimant and
		
00:27:58 --> 00:28:01
			the counter claimant In court system So what
		
00:28:01 --> 00:28:03
			do you call claimant and counter claimant?
		
00:28:08 --> 00:28:12
			Plaintiff and Defendant So the claimant is the
		
00:28:12 --> 00:28:15
			plaintiff over here And the counter claimant Is
		
00:28:15 --> 00:28:18
			actually the defendant So I'm going to be
		
00:28:18 --> 00:28:20
			using the words Defendant and plaintiff so at
		
00:28:20 --> 00:28:23
			least we understand Them properly here Because the
		
00:28:23 --> 00:28:25
			words that are mentioned here Claimant and counter
		
00:28:25 --> 00:28:28
			claimant Basically literal translation to the word The
		
00:28:28 --> 00:28:33
			claimant So this hadith speaks about Something technical
		
00:28:33 --> 00:28:36
			in regards to the judiciary System And the
		
00:28:36 --> 00:28:39
			law and order Which is why we're probably
		
00:28:39 --> 00:28:40
			going to be skipping A lot of these
		
00:28:40 --> 00:28:42
			paragraphs because it's actually very technical Insha'Allah
		
00:28:42 --> 00:28:44
			Just explaining what the hadith is going to
		
00:28:44 --> 00:28:48
			be about So the hadith number 33 Go
		
00:28:48 --> 00:29:01
			ahead Now
		
00:29:01 --> 00:29:15
			we wrote Actually
		
00:29:15 --> 00:29:22
			the Arabic Text is So here they say
		
00:29:22 --> 00:29:44
			But it's Translation The
		
00:29:44 --> 00:29:46
			hadith So the hadith The prophet s.a
		
00:29:46 --> 00:29:51
			.w. says If people are being given For
		
00:29:51 --> 00:29:53
			whatever they tell Like if someone comes and
		
00:29:53 --> 00:29:55
			claims something And you're going to immediately give
		
00:29:55 --> 00:29:57
			them what they claim Then people they're going
		
00:29:57 --> 00:29:59
			to abuse that system and they will abuse
		
00:29:59 --> 00:30:00
			each other.
		
00:30:00 --> 00:30:04
			He says people decide going after each other's
		
00:30:04 --> 00:30:07
			wealth and money and also even hurting each
		
00:30:07 --> 00:30:10
			other you know claiming they owe you in
		
00:30:10 --> 00:30:11
			terms of blood money.
		
00:30:12 --> 00:30:14
			So that's where the rule is.
		
00:30:14 --> 00:30:16
			The last two statements of the hadith are
		
00:30:16 --> 00:30:24
			where the code of law was mentioned which
		
00:30:24 --> 00:30:29
			means that the one who is in this
		
00:30:29 --> 00:30:32
			case claimant meaning the plaintiff is obligated to
		
00:30:32 --> 00:30:33
			do what?
		
00:30:34 --> 00:30:35
			To provide the evidence.
		
00:30:36 --> 00:30:39
			Al bayyina over here means the proof and
		
00:30:39 --> 00:30:39
			evidence.
		
00:30:41 --> 00:30:45
			And the one who is considered the defendant
		
00:30:45 --> 00:30:48
			right now if they deny that claim then
		
00:30:48 --> 00:30:50
			how can they get themselves free from this?
		
00:30:51 --> 00:30:52
			By swearing an oath.
		
00:30:53 --> 00:30:55
			So we're going to explain that quickly inshallah
		
00:30:55 --> 00:30:57
			for you so that when we talk about
		
00:30:57 --> 00:31:00
			the hadith inshallah azawajal we will understand what
		
00:31:00 --> 00:31:01
			does that what does that mean.
		
00:31:01 --> 00:31:03
			So the hadith here has specific points.
		
00:31:03 --> 00:31:06
			The first point is to understand that al
		
00:31:06 --> 00:31:08
			bayyina al mudda'i.
		
00:31:08 --> 00:31:11
			That usually of course in any case you
		
00:31:11 --> 00:31:12
			have two people or two groups or two
		
00:31:12 --> 00:31:13
			entities.
		
00:31:14 --> 00:31:16
			One is the plaintiff and those are al
		
00:31:16 --> 00:31:16
			mudda'i.
		
00:31:17 --> 00:31:18
			In this case these are the claimants.
		
00:31:19 --> 00:31:21
			And in order to make a case against
		
00:31:21 --> 00:31:23
			somebody what do you need to do?
		
00:31:23 --> 00:31:25
			You can make a case right?
		
00:31:25 --> 00:31:28
			Anyone can make a case against anybody these
		
00:31:28 --> 00:31:28
			days.
		
00:31:28 --> 00:31:31
			Even nowadays in America mashallah you go to
		
00:31:31 --> 00:31:33
			a restaurant you can sue them because the
		
00:31:33 --> 00:31:34
			food was too cold too hot.
		
00:31:35 --> 00:31:35
			Any claim.
		
00:31:36 --> 00:31:38
			But in order for these claims to be
		
00:31:38 --> 00:31:40
			to be valid what do we need to
		
00:31:40 --> 00:31:41
			bring?
		
00:31:42 --> 00:31:43
			You bring the evidence and the proof.
		
00:31:43 --> 00:31:44
			Al bayyina.
		
00:31:44 --> 00:31:46
			What type of proof you need?
		
00:31:47 --> 00:31:49
			So the ulema they of course elaborate on
		
00:31:49 --> 00:31:49
			that in details.
		
00:31:50 --> 00:31:52
			But some of these proofs is shuhud which
		
00:31:52 --> 00:31:53
			means witnesses.
		
00:31:54 --> 00:31:56
			Some of the bayyina which means that the
		
00:31:56 --> 00:31:59
			evidence should be also al iqra' which means
		
00:31:59 --> 00:32:01
			the defendant admits.
		
00:32:01 --> 00:32:03
			If they admit khalas that's a proof as
		
00:32:03 --> 00:32:03
			well too.
		
00:32:04 --> 00:32:05
			And then the third one is what they
		
00:32:05 --> 00:32:08
			call them factual or circumstantial evidences.
		
00:32:09 --> 00:32:10
			In the Arabic language al qara'in.
		
00:32:11 --> 00:32:15
			These are not solid evidences but these are
		
00:32:15 --> 00:32:18
			some sort of like circumstantial proofs or evidences
		
00:32:18 --> 00:32:20
			by which you can make a case a
		
00:32:20 --> 00:32:20
			solid case against.
		
00:32:21 --> 00:32:23
			How far or what is exactly is acceptable
		
00:32:23 --> 00:32:25
			in the court of law Islamically in regard
		
00:32:25 --> 00:32:26
			to these matters.
		
00:32:26 --> 00:32:27
			So that's something he's going to be speaking
		
00:32:27 --> 00:32:28
			about inshallah later.
		
00:32:29 --> 00:32:31
			And the second part is wal yameenu ala
		
00:32:31 --> 00:32:31
			man ankar.
		
00:32:32 --> 00:32:35
			The al yameen which means you ask the
		
00:32:35 --> 00:32:37
			defendant to swear to give an oath to
		
00:32:37 --> 00:32:38
			deny that claim.
		
00:32:39 --> 00:32:41
			When we need to require the yameen from
		
00:32:41 --> 00:32:43
			the defendant or the oath from the defendant
		
00:32:43 --> 00:32:47
			if there is no proof or evidence from
		
00:32:47 --> 00:32:48
			the claimants in this case.
		
00:32:49 --> 00:32:51
			So if the plaintiff have the proof and
		
00:32:51 --> 00:32:54
			the proof is absolutely solid like a video
		
00:32:54 --> 00:32:56
			for example recording or something like that is
		
00:32:56 --> 00:32:59
			considered solid and there's no manipulation of that
		
00:32:59 --> 00:33:00
			and the proven to be of course forensic
		
00:33:00 --> 00:33:03
			any evidence is proven to be authentic.
		
00:33:03 --> 00:33:04
			In this case we have a proof.
		
00:33:05 --> 00:33:06
			You have people who saw you and they
		
00:33:06 --> 00:33:08
			gave testimony so we have a proof.
		
00:33:08 --> 00:33:11
			So in this case the yameen of the
		
00:33:11 --> 00:33:12
			defendant is null.
		
00:33:13 --> 00:33:14
			Are we clear?
		
00:33:15 --> 00:33:17
			So when do we need demand the yameen
		
00:33:17 --> 00:33:20
			or the oath from the defendant when there's
		
00:33:20 --> 00:33:22
			no proof from the claimants here.
		
00:33:22 --> 00:33:24
			So he could set himself he said I
		
00:33:24 --> 00:33:25
			swear that's not true.
		
00:33:25 --> 00:33:27
			He said okay we're done dismissed.
		
00:33:28 --> 00:33:30
			So that's that the two major points in
		
00:33:30 --> 00:33:31
			this hadith over here.
		
00:33:31 --> 00:33:33
			And what's the purpose of that?
		
00:33:33 --> 00:33:35
			The purpose of that obviously is to establish
		
00:33:35 --> 00:33:36
			justice.
		
00:33:36 --> 00:33:39
			Establish justice so that people don't abuse each
		
00:33:39 --> 00:33:41
			other's hukook and rights and just claim anything
		
00:33:41 --> 00:33:42
			they want to claim.
		
00:33:43 --> 00:33:46
			And also of course and protecting people in
		
00:33:46 --> 00:33:49
			people's rights whether it's dunya rights or even
		
00:33:49 --> 00:33:51
			akhira rights as well.
		
00:33:52 --> 00:33:54
			And of course this hadith subhanallah it helps
		
00:33:54 --> 00:33:55
			us in many different ways.
		
00:33:55 --> 00:33:58
			Of course nowadays the court system is much
		
00:33:58 --> 00:33:59
			more complicated not like it used to be
		
00:33:59 --> 00:33:59
			before.
		
00:34:00 --> 00:34:02
			Before of course people they have righteousness and
		
00:34:02 --> 00:34:03
			taqwa.
		
00:34:03 --> 00:34:05
			So when you tell somebody swear by Allah
		
00:34:05 --> 00:34:06
			they start shivering.
		
00:34:07 --> 00:34:09
			Today you say to somebody swear by Allah
		
00:34:10 --> 00:34:11
			said alhamdulillah.
		
00:34:12 --> 00:34:16
			And then we have actually and it's it's
		
00:34:16 --> 00:34:18
			it's like a joke but a proverb in
		
00:34:18 --> 00:34:21
			the culture when they tell the harami which
		
00:34:21 --> 00:34:24
			means a thief qaloo lil harami ihlif qal
		
00:34:24 --> 00:34:24
			furajat.
		
00:34:26 --> 00:34:27
			They tell the harami, the thief, they told
		
00:34:27 --> 00:34:29
			him you're gonna you're gonna swear an oath.
		
00:34:30 --> 00:34:32
			He goes ok alhamdulillah we're good then.
		
00:34:33 --> 00:34:34
			Like if it's a matter of just given
		
00:34:34 --> 00:34:35
			an oath we're good then.
		
00:34:36 --> 00:34:38
			But jamaat it's dangerous because hadith an-nabi
		
00:34:38 --> 00:34:41
			salallahu alayhi wa sallam man halafa ala yameen,
		
00:34:42 --> 00:34:46
			whoever swears an oath ala yameen, yastahakku biha
		
00:34:46 --> 00:34:49
			malan because of that oath he receives or
		
00:34:49 --> 00:34:52
			he she receives money or property or wealth
		
00:34:52 --> 00:34:53
			that is not theirs.
		
00:34:54 --> 00:34:55
			That is not there and they know it's
		
00:34:55 --> 00:34:55
			not theirs.
		
00:34:56 --> 00:34:57
			But using the name of Allah subhan to
		
00:34:57 --> 00:35:00
			confirm that or to claim it, qal wa
		
00:35:00 --> 00:35:03
			huwa fiha fajir laqee allaha yawma alqiyamat wa
		
00:35:03 --> 00:35:04
			huwa alayhi ghadban.
		
00:35:04 --> 00:35:06
			This person will see Allah subhana day of
		
00:35:06 --> 00:35:09
			judgment and Allah will will be will be
		
00:35:09 --> 00:35:09
			angry with them.
		
00:35:10 --> 00:35:12
			You can imagine the wrath of Allah subhanahu
		
00:35:12 --> 00:35:13
			wa ta'ala on someone like that.
		
00:35:13 --> 00:35:15
			So that's something that we need to make
		
00:35:15 --> 00:35:18
			sure that we understand the the severity of
		
00:35:18 --> 00:35:18
			an oath.
		
00:35:18 --> 00:35:20
			It's not like it's easy to claim it.
		
00:35:20 --> 00:35:21
			No it's a very dangerous thing.
		
00:35:22 --> 00:35:24
			And also we need to make sure that
		
00:35:24 --> 00:35:24
			we understand.
		
00:35:25 --> 00:35:28
			When it comes to al-qadha, the judge,
		
00:35:28 --> 00:35:30
			the judge who's gonna be now demanding the
		
00:35:30 --> 00:35:33
			proof from the from the plaintiff and the
		
00:35:33 --> 00:35:37
			oath from the defendant, the judge is a
		
00:35:37 --> 00:35:37
			human being.
		
00:35:38 --> 00:35:40
			And he or he is gonna be ruling
		
00:35:40 --> 00:35:41
			based on what?
		
00:35:42 --> 00:35:43
			The proofs and evidence that you have.
		
00:35:44 --> 00:35:46
			So the Prophet sallallahu alayhi wa sallam which
		
00:35:46 --> 00:35:48
			was mentioned in Sahih al-Bukhari Muslim, qala
		
00:35:48 --> 00:35:50
			sallallahu alayhi wa sallam, innama ana bashar, I
		
00:35:50 --> 00:35:52
			am only a human being, wa innakum taqtasimuna
		
00:35:52 --> 00:35:54
			ilayhi, you come and you bring your claims
		
00:35:54 --> 00:35:54
			to me.
		
00:35:55 --> 00:35:58
			He said qal fala'alla ba'dakum yakuna alhana
		
00:35:58 --> 00:35:59
			bihujjatihi min ba'd.
		
00:35:59 --> 00:36:01
			Some of you might be more eloquent than
		
00:36:01 --> 00:36:03
			others when the way they speak.
		
00:36:04 --> 00:36:06
			So they can present their case in a
		
00:36:06 --> 00:36:08
			much better way than the other person.
		
00:36:09 --> 00:36:11
			Qal faaqdi lahu ala nahi ma asmaa.
		
00:36:11 --> 00:36:13
			I will rule based on what I hear.
		
00:36:14 --> 00:36:15
			And he said sallallahu alayhi wa sallam, qal
		
00:36:15 --> 00:36:17
			fa innama hiya, fa man qadaytu lahu bihaqqi
		
00:36:17 --> 00:36:17
			akhiya.
		
00:36:18 --> 00:36:20
			If I rule for you, the right that
		
00:36:20 --> 00:36:22
			you know is not yours.
		
00:36:22 --> 00:36:24
			Qal fa innama hiya qit'atun min al
		
00:36:24 --> 00:36:24
			-nar.
		
00:36:24 --> 00:36:26
			I'm giving you a piece of fire.
		
00:36:27 --> 00:36:29
			Fal ya'khudha, aw yatrukha.
		
00:36:30 --> 00:36:32
			You take it if you want to, or
		
00:36:32 --> 00:36:32
			leave it.
		
00:36:33 --> 00:36:35
			So as a judge, when we say al
		
00:36:35 --> 00:36:39
			-bayyinah, proof versus oath, your job is only
		
00:36:39 --> 00:36:42
			just to moderate that to the best of
		
00:36:42 --> 00:36:42
			your ability.
		
00:36:42 --> 00:36:45
			At the end of the day, Allah is
		
00:36:45 --> 00:36:47
			the ultimate judge, subhanahu wa ta'ala.
		
00:36:47 --> 00:36:49
			So that's very important for us to understand
		
00:36:49 --> 00:36:50
			inshaAllah.
		
00:36:50 --> 00:36:52
			I want to make this hadith clear to
		
00:36:52 --> 00:36:55
			us before we go into the details, because
		
00:36:55 --> 00:36:57
			again, like I said, it's very technical.
		
00:36:57 --> 00:36:58
			So inshaAllah, we'll see how it goes.
		
00:36:58 --> 00:36:59
			Bismillah.
		
00:37:00 --> 00:37:01
			We're going to go from what it says,
		
00:37:01 --> 00:37:03
			the wording which the Shaykh has chosen.
		
00:37:07 --> 00:37:09
			Who's the Shaykh he's talking about over here?
		
00:37:10 --> 00:37:10
			Imam al-Nawawi.
		
00:37:11 --> 00:37:12
			Imam al-Nawawi, that he chose on this
		
00:37:12 --> 00:37:13
			hadith now.
		
00:37:14 --> 00:37:17
			The wording which the Shaykh has chosen is
		
00:37:17 --> 00:37:20
			that which Ibn al-Salah chose before him
		
00:37:20 --> 00:37:24
			in the universal hadith, and he said al
		
00:37:24 --> 00:37:26
			-Bayhaqi narrated it with a good chain of
		
00:37:26 --> 00:37:27
			transmission.
		
00:37:27 --> 00:37:28
			So what he says here is that the
		
00:37:28 --> 00:37:30
			same hadith that we have already mentioned up
		
00:37:30 --> 00:37:32
			there has multiple versions.
		
00:37:33 --> 00:37:35
			So some of the versions are walakin al
		
00:37:35 --> 00:37:37
			-bayyinatu ala al-mudda'i wal-yameenu ala
		
00:37:37 --> 00:37:40
			al-mudda'a al-yameenu ala al-mudda
		
00:37:40 --> 00:37:42
			'a, which means and the oath is a
		
00:37:42 --> 00:37:44
			responsibility of the counterclaimant.
		
00:37:45 --> 00:37:48
			But this narration he chose, he chose wal
		
00:37:48 --> 00:37:51
			-yameenu ala man ankar and the oath is
		
00:37:51 --> 00:37:53
			a responsibility of who denies.
		
00:37:54 --> 00:37:57
			So it's not who's the counterclaimant, no, he
		
00:37:57 --> 00:37:57
			says who denies.
		
00:37:57 --> 00:38:00
			Denies meaning the claim that was mentioned earlier.
		
00:38:00 --> 00:38:02
			He says he chose this, why?
		
00:38:02 --> 00:38:04
			Because these are, that was the choice of
		
00:38:04 --> 00:38:07
			Imam Ibn al-Salah rahimahum allahu ta'ala,
		
00:38:07 --> 00:38:08
			or at least Imam al-Salah actually he
		
00:38:08 --> 00:38:12
			chose this hadith or that version, he said
		
00:38:12 --> 00:38:14
			because it's from the ahadith al-kulliyat.
		
00:38:14 --> 00:38:16
			What's the meaning of saying al-ahadith al
		
00:38:16 --> 00:38:17
			-kulliyat?
		
00:38:18 --> 00:38:20
			Here they chose the translation universal hadith.
		
00:38:21 --> 00:38:23
			But ahadith al-kulliyat, if you remember we
		
00:38:23 --> 00:38:25
			talked about al-qawa'id al-kulliyat, the
		
00:38:25 --> 00:38:28
			maxims governing Islamic law, these are comprehensive universal
		
00:38:28 --> 00:38:29
			laws.
		
00:38:29 --> 00:38:32
			So he says these hadith has universal rules,
		
00:38:33 --> 00:38:36
			universal rules, which means very comprehensive rules and
		
00:38:36 --> 00:38:39
			very concise rules, so by themselves they can
		
00:38:39 --> 00:38:40
			be a code of law.
		
00:38:41 --> 00:38:43
			And we learned that from last week.
		
00:38:43 --> 00:38:44
			If you remember the hadith al-jama'a,
		
00:38:44 --> 00:38:45
			what was our hadith last week?
		
00:38:46 --> 00:38:46
			Remember?
		
00:38:46 --> 00:38:50
			la dharara wa la dhirara, which means you
		
00:38:50 --> 00:38:52
			should actually not, don't cause harm and don't
		
00:38:52 --> 00:38:53
			be the cause of harm.
		
00:38:53 --> 00:38:57
			So these rules also considered hadith al-kulliyat.
		
00:38:57 --> 00:38:59
			And Ibn al-Salah rahimahum allahu ta'ala,
		
00:38:59 --> 00:39:00
			who was one of the mu'allama al
		
00:39:00 --> 00:39:06
			-hadith, who died in the year 643 Hijri,
		
00:39:06 --> 00:39:10
			that's around 1245 in the Christian era, and
		
00:39:10 --> 00:39:13
			he was the first person who produced this
		
00:39:13 --> 00:39:17
			terminology or this phrase, saying al-hadith al
		
00:39:17 --> 00:39:17
			-kulliyat.
		
00:39:18 --> 00:39:20
			So just to give an idea what does
		
00:39:20 --> 00:39:21
			it mean to say al-hadith al-kulliyat,
		
00:39:21 --> 00:39:23
			universal al-hadith, the specific al-hadith has
		
00:39:23 --> 00:39:27
			phrases that be considered law in itself, like
		
00:39:27 --> 00:39:29
			innama al-a'malu binniyat, that's one of the
		
00:39:29 --> 00:39:31
			rules as well too of al-hadith al
		
00:39:31 --> 00:39:31
			-kulliyat.
		
00:39:34 --> 00:39:38
			And Ismail narrated it in his sahih, the
		
00:39:38 --> 00:39:39
			narration of al-Walid ibn Muslim.
		
00:39:40 --> 00:39:42
			Ibn Jurayj narrated to us from Ibn Abi
		
00:39:42 --> 00:39:46
			Mulaika, from Ibn Abbas, the Prophet ﷺ said,
		
00:39:46 --> 00:39:50
			if people were to be given according to
		
00:39:50 --> 00:39:53
			their claims, men would claim the lives of
		
00:39:53 --> 00:39:55
			men and their properties, but corroborative testimony is
		
00:39:55 --> 00:39:58
			demanded of the one who seeks a claim
		
00:39:58 --> 00:39:59
			and the oath is the right of the
		
00:39:59 --> 00:40:01
			one from whom a claim is made.
		
00:40:01 --> 00:40:03
			So in the English translation it doesn't see
		
00:40:03 --> 00:40:05
			how different that from the original Arabic.
		
00:40:05 --> 00:40:06
			So I'm going to read the Arabic for
		
00:40:06 --> 00:40:08
			you, he says, law yu'tan nasu bi da
		
00:40:08 --> 00:40:11
			'wahum, which is similar to the first version
		
00:40:11 --> 00:40:14
			we have, ladda'a rijalun dima'a rijalun
		
00:40:14 --> 00:40:16
			wa amwalahum, so he said the same thing,
		
00:40:16 --> 00:40:18
			that people claim the blood and the property
		
00:40:18 --> 00:40:22
			of others, walakin al-bayyinatu ala al-taalib
		
00:40:22 --> 00:40:25
			wal-yameenu ala al-matloob, so here's taalib
		
00:40:25 --> 00:40:28
			and matloob, so that's different terminology which gives
		
00:40:28 --> 00:40:29
			the exact same meaning.
		
00:40:29 --> 00:40:32
			He's going to then mention a few more
		
00:40:32 --> 00:40:36
			versions of the hadith until we get to
		
00:40:36 --> 00:40:38
			the one that we have on the next
		
00:40:38 --> 00:40:41
			page, Muhammad ibn Umar ibn Lubaba.
		
00:40:44 --> 00:40:47
			Muhammad ibn Umar ibn Lubaba, the Andalusian faqih,
		
00:40:47 --> 00:40:50
			narrated from Uthman ibn Ayyub al-Andalusi and
		
00:40:50 --> 00:40:53
			he described him as being of high merit
		
00:40:53 --> 00:40:56
			from Mughazi ibn Qais, from Ibn Abi Mulaika,
		
00:40:56 --> 00:40:58
			from Ibn Abbas, from the Prophet sallallahu alayhi
		
00:40:58 --> 00:41:01
			wa sallam, and then he mentioned this hadith
		
00:41:01 --> 00:41:04
			and he said a corroborative testimony is required
		
00:41:04 --> 00:41:06
			of the claimant and an oath is the
		
00:41:06 --> 00:41:08
			right of the one who denies the claim.
		
00:41:09 --> 00:41:12
			He basically used a different terminology saying lakin
		
00:41:12 --> 00:41:15
			al-bayyinatu ala manidda'a, he didn't say
		
00:41:15 --> 00:41:18
			al-mudda'i, al-manidda'a, wal-yameenu
		
00:41:18 --> 00:41:21
			ala manankar, again different versions and each one
		
00:41:21 --> 00:41:23
			of them by the way has a very
		
00:41:23 --> 00:41:26
			very subtle difference in terms of technicality when
		
00:41:26 --> 00:41:27
			it comes to the law and how to
		
00:41:28 --> 00:41:29
			understand that.
		
00:41:29 --> 00:41:30
			That's why he had to bring all these
		
00:41:30 --> 00:41:32
			different narrations.
		
00:41:32 --> 00:41:34
			So let's go to the next what he
		
00:41:34 --> 00:41:37
			says, there are other hadiths with similar principles.
		
00:41:37 --> 00:41:38
			So we now learned that we learned the
		
00:41:38 --> 00:41:39
			principle from the hadith.
		
00:41:40 --> 00:41:41
			The principle from the hadith, if someone makes
		
00:41:41 --> 00:41:43
			a claim we tell them to do what?
		
00:41:45 --> 00:41:47
			Bring your proof, bring your proof.
		
00:41:48 --> 00:41:50
			If they don't have any proof, the one
		
00:41:50 --> 00:41:53
			who's being accused right now, he has to
		
00:41:53 --> 00:41:55
			give an oath to set himself free.
		
00:41:56 --> 00:41:58
			By the way, that's in the court of
		
00:41:58 --> 00:42:00
			law, not among the people.
		
00:42:02 --> 00:42:04
			Not among the people, what does that mean?
		
00:42:04 --> 00:42:06
			You're sitting together having tea and coffee and
		
00:42:06 --> 00:42:08
			then you claim something about somebody and the
		
00:42:08 --> 00:42:09
			other person denies.
		
00:42:09 --> 00:42:13
			You say wallah, he doesn't have to say
		
00:42:13 --> 00:42:15
			wallah because that's not a court of law
		
00:42:15 --> 00:42:15
			anymore.
		
00:42:16 --> 00:42:18
			It's in the court of law that will
		
00:42:18 --> 00:42:19
			be obliged to give that oath to set
		
00:42:19 --> 00:42:20
			themselves free.
		
00:42:21 --> 00:42:22
			So in this case again, if it's not
		
00:42:22 --> 00:42:24
			in the court of law, people are free
		
00:42:24 --> 00:42:26
			from these and obligations that we have here
		
00:42:26 --> 00:42:27
			in the discussion of this hadith.
		
00:42:28 --> 00:42:32
			So he's gonna bring you different narrations that
		
00:42:32 --> 00:42:33
			have the exact same principle.
		
00:42:33 --> 00:42:35
			So let's at least see one example inshallah
		
00:42:35 --> 00:42:36
			in the two sahih.
		
00:42:39 --> 00:42:41
			In the same sense, there are many hadith
		
00:42:41 --> 00:42:42
			in the two sahih books.
		
00:42:43 --> 00:42:46
			There is that Al-Ash'aib Ibn Khaysh
		
00:42:46 --> 00:42:48
			said there was a dispute between me and
		
00:42:48 --> 00:42:50
			a man about a well and we took
		
00:42:50 --> 00:42:52
			the dispute to the Prophet, the Messenger of
		
00:42:52 --> 00:42:52
			Allah ﷺ.
		
00:42:53 --> 00:42:56
			So the Messenger of Allah ﷺ said, produce
		
00:42:56 --> 00:42:58
			your two witnesses or he has the right
		
00:42:58 --> 00:43:00
			to his oath denying your claim.
		
00:43:00 --> 00:43:02
			I said in that case he will swear
		
00:43:02 --> 00:43:04
			and he will not care that it is
		
00:43:04 --> 00:43:04
			false.
		
00:43:04 --> 00:43:07
			So the Messenger of Allah ﷺ said, whoever
		
00:43:07 --> 00:43:09
			swears an oath by what he demands property
		
00:43:09 --> 00:43:12
			as his right and in which he is
		
00:43:12 --> 00:43:14
			lying, he will meet Allah and he will
		
00:43:14 --> 00:43:14
			be angry with him.
		
00:43:15 --> 00:43:17
			So Allah revealed the confirmation of that and
		
00:43:17 --> 00:43:24
			he recited this ayah, Those who sell Allah's
		
00:43:24 --> 00:43:26
			contract and their own oaths for a paltry
		
00:43:26 --> 00:43:27
			price.
		
00:43:27 --> 00:43:29
			Because the continuation of the ayah, Allah says
		
00:43:31 --> 00:43:34
			They have no share and no place in
		
00:43:34 --> 00:43:35
			the Akhirah.
		
00:43:36 --> 00:43:38
			Allah will not speak to them.
		
00:43:40 --> 00:43:41
			Allah is not going to look at them
		
00:43:41 --> 00:43:42
			on the Day of Judgment.
		
00:43:43 --> 00:43:46
			He will never honor them or sanctify them.
		
00:43:47 --> 00:43:49
			And they deserve a painful punishment.
		
00:43:49 --> 00:43:50
			That's in Surah Al-Imran.
		
00:43:50 --> 00:43:54
			So this is now again strengthening the meaning
		
00:43:54 --> 00:43:57
			of the oath and how dangerous it is
		
00:43:57 --> 00:43:58
			to give a false oath.
		
00:44:12 --> 00:44:13
			Let's move on to the next.
		
00:44:14 --> 00:44:15
			So we're going to see different narrations.
		
00:44:15 --> 00:44:17
			Each one of them will bring another example
		
00:44:17 --> 00:44:18
			that is similar to this principle.
		
00:44:18 --> 00:44:22
			The next page they have Hajjaj As-Sawwaf
		
00:44:22 --> 00:44:25
			and there's Al-Nasa'i, another story.
		
00:44:25 --> 00:44:27
			Until we come to where he speaks about
		
00:44:27 --> 00:44:28
			now Umar ibn Khattab.
		
00:44:29 --> 00:44:30
			Read from there.
		
00:44:31 --> 00:44:33
			It has been narrated of Umar that he
		
00:44:33 --> 00:44:36
			wrote to Abu Musa, corroborated testimony is required
		
00:44:36 --> 00:44:37
			in the claimant and the oath is the
		
00:44:37 --> 00:44:38
			right of the one who denies.
		
00:44:39 --> 00:44:41
			Zayd ibn Thabit passed judgment on that basis
		
00:44:41 --> 00:44:43
			against Umar and in favor of Ubaid ibn
		
00:44:43 --> 00:44:45
			Ka'b and neither of them rejected it.
		
00:44:45 --> 00:44:48
			So basically this is why I wanted to
		
00:44:48 --> 00:44:50
			mention to you because this letter that Umar
		
00:44:50 --> 00:44:52
			ibn Khattab sent to Abu Musa Al-Ash
		
00:44:52 --> 00:44:55
			'ari, it is one of the most prominent
		
00:44:55 --> 00:44:59
			classic letters that explains the judiciary system in
		
00:44:59 --> 00:45:00
			Islam.
		
00:45:00 --> 00:45:02
			When Umar ibn Khattab used to send his
		
00:45:02 --> 00:45:05
			judges and of course his government and governors
		
00:45:05 --> 00:45:08
			around the world, he would advise them on
		
00:45:08 --> 00:45:09
			how to rule.
		
00:45:10 --> 00:45:12
			So Umar ibn Khattab sent to Abu Musa
		
00:45:12 --> 00:45:13
			Al-Ash'ari when he sends him off,
		
00:45:14 --> 00:45:16
			he sends him with a letter in regards
		
00:45:16 --> 00:45:18
			to judgment, how to deal with the people.
		
00:45:18 --> 00:45:20
			And I have part of it with me
		
00:45:20 --> 00:45:21
			actually over here.
		
00:45:21 --> 00:45:22
			I'm going to read it for you a
		
00:45:22 --> 00:45:22
			little bit.
		
00:45:24 --> 00:45:26
			He says proceeding.
		
00:45:30 --> 00:45:32
			He says judgment, which means when you become
		
00:45:32 --> 00:45:36
			a judge, making, giving rules.
		
00:45:38 --> 00:45:42
			It's an obligation that needs to be well
		
00:45:42 --> 00:45:42
			done.
		
00:45:44 --> 00:45:46
			It's an example of the Prophet ﷺ and
		
00:45:46 --> 00:45:46
			those before.
		
00:45:47 --> 00:45:50
			فَفْحَمْ إِذَا أُدْلِيَ إِلَيْكَ Make sure to have
		
00:45:50 --> 00:45:53
			good understanding when they present to you.
		
00:45:54 --> 00:45:56
			You need to understand very well, which means
		
00:45:56 --> 00:45:58
			don't give yourself excuses.
		
00:45:58 --> 00:45:59
			I was tired, distracted.
		
00:45:59 --> 00:45:59
			No.
		
00:46:00 --> 00:46:01
			You need to understand when they speak to
		
00:46:01 --> 00:46:01
			you.
		
00:46:02 --> 00:46:05
			فَإِنَّهُ لَا يَنْفَعُ تَكَلُّمُ بِحَقِّ اللَّهِ نَفَاذَ لَهُ
		
00:46:06 --> 00:46:09
			Because it wouldn't make any sense if you're
		
00:46:09 --> 00:46:11
			going to give an answer that you cannot,
		
00:46:11 --> 00:46:13
			based on what you hear, an answer you're
		
00:46:13 --> 00:46:14
			not going to be able to fulfill or
		
00:46:14 --> 00:46:14
			even execute.
		
00:46:15 --> 00:46:17
			So judgment requires fulfillment.
		
00:46:19 --> 00:46:21
			And if you cannot fulfill it, what's the
		
00:46:21 --> 00:46:21
			meaning of it?
		
00:46:22 --> 00:46:25
			He says, قَالَ وَآسِي بَيْنَ النَّاسِ فِي وَجْهِكَ
		
00:46:25 --> 00:46:29
			وَعَدْلِكَ وَمَجْلِسِكَ Make sure to be fair with
		
00:46:29 --> 00:46:32
			the people when you sit in front of
		
00:46:32 --> 00:46:34
			them with your face, with your justice, and
		
00:46:34 --> 00:46:36
			with your majlis, which means with a seating.
		
00:46:36 --> 00:46:36
			What does that mean?
		
00:46:37 --> 00:46:39
			When two people come to you, to the
		
00:46:39 --> 00:46:41
			court, don't smile in the face of one
		
00:46:41 --> 00:46:42
			of them because you know him, and the
		
00:46:42 --> 00:46:44
			other person, you look at them neutrally.
		
00:46:45 --> 00:46:46
			No, no, no.
		
00:46:46 --> 00:46:47
			If you're going to smile in someone's face,
		
00:46:47 --> 00:46:48
			smile in the other person's face.
		
00:46:49 --> 00:46:50
			But what's better for you to do what?
		
00:46:51 --> 00:46:51
			Stay neutral.
		
00:46:52 --> 00:46:54
			Don't smile in either one's face at this
		
00:46:54 --> 00:46:56
			moment because now they're not your friends.
		
00:46:57 --> 00:46:58
			They're now plaintive and defendant.
		
00:46:58 --> 00:46:59
			So he says, be fair.
		
00:47:00 --> 00:47:02
			Also, وَعَدْلِكَ, when you try to be just
		
00:47:02 --> 00:47:03
			to both of them.
		
00:47:03 --> 00:47:06
			قَالَ وَمَجْلِسِكَ, when you seat them in the
		
00:47:06 --> 00:47:06
			court system.
		
00:47:07 --> 00:47:08
			Don't bring someone next to you, hey, come
		
00:47:08 --> 00:47:09
			over here, and then the other one sits
		
00:47:09 --> 00:47:11
			somewhere else.
		
00:47:11 --> 00:47:13
			No, you need to make them all equal
		
00:47:13 --> 00:47:13
			in that moment.
		
00:47:14 --> 00:47:17
			قَالَ حَتَّى لَا يَطْمَعَ شَرِيفٌ فِي حَيْفِكَ So
		
00:47:17 --> 00:47:22
			that the honorable people do not feel that
		
00:47:22 --> 00:47:23
			they're favored by you.
		
00:47:24 --> 00:47:27
			قَالَ وَلَا يَيْأَسْ ضَعِيفٌ مِنْ عَدْلِكَ And the
		
00:47:27 --> 00:47:31
			weak will feel desperate of being given fairness
		
00:47:31 --> 00:47:32
			and justice.
		
00:47:32 --> 00:47:34
			And he mentioned many of them.
		
00:47:34 --> 00:47:36
			But the next statement is the hadith over
		
00:47:36 --> 00:47:36
			here.
		
00:47:37 --> 00:47:40
			قَالَ الْبَيِّنَةُ عَلَى مَنِ الدَّعَى وَالْيَمِينُ عَلَى مَنْ
		
00:47:40 --> 00:47:44
			أَنْكَرُ He said, the proof is the responsibility
		
00:47:44 --> 00:47:48
			of the plaintiff and the claimant.
		
00:47:48 --> 00:47:50
			And the oath is the responsibility of the
		
00:47:50 --> 00:47:51
			one who denies it.
		
00:47:51 --> 00:47:53
			And he mentioned many other examples.
		
00:47:53 --> 00:47:54
			SubhanAllah, they're beautiful.
		
00:47:54 --> 00:47:55
			Look it up online.
		
00:47:55 --> 00:47:58
			The message of Umar ibn al-Khattab and
		
00:47:58 --> 00:47:59
			Abu Musa al-Ash'ari.
		
00:48:01 --> 00:48:02
			We're going to move forward inshaAllah to the
		
00:48:02 --> 00:48:03
			next page.
		
00:48:04 --> 00:48:05
			On the top.
		
00:48:07 --> 00:48:09
			The faqa'ah of our colleagues the Hanbalis
		
00:48:09 --> 00:48:11
			and Ash-Shafiri differ as to the explanation
		
00:48:11 --> 00:48:14
			of the terms of the claimant and the
		
00:48:14 --> 00:48:16
			one against whom the claim is made.
		
00:48:16 --> 00:48:18
			I'm going to make the disclaimer again.
		
00:48:18 --> 00:48:20
			It's a very technical hadith.
		
00:48:20 --> 00:48:21
			So most of us or many of us
		
00:48:21 --> 00:48:25
			might not really understand the terminologies that have
		
00:48:25 --> 00:48:26
			been presented over here.
		
00:48:26 --> 00:48:27
			It is alright.
		
00:48:28 --> 00:48:28
			It's okay.
		
00:48:29 --> 00:48:30
			I just want you to try to understand
		
00:48:30 --> 00:48:31
			what they're saying.
		
00:48:31 --> 00:48:32
			So here what they're going to explain.
		
00:48:33 --> 00:48:35
			How to define who's al-mudda'i from
		
00:48:35 --> 00:48:36
			al-mudda'i alayh.
		
00:48:37 --> 00:48:38
			I mean it's simple when you think of
		
00:48:38 --> 00:48:39
			the plaintiff versus defendant.
		
00:48:40 --> 00:48:42
			Usually the plaintiff is what?
		
00:48:42 --> 00:48:44
			Is the one who presents the case, right?
		
00:48:44 --> 00:48:47
			But a smart judge would be able to
		
00:48:47 --> 00:48:52
			differentiate in the claim of the claimant that
		
00:48:52 --> 00:48:54
			sometimes they can be what?
		
00:48:54 --> 00:48:56
			The defendant sometimes they can be of course
		
00:48:56 --> 00:48:57
			al-mudda'i.
		
00:48:57 --> 00:49:00
			And sometimes the defendant when they present their
		
00:49:00 --> 00:49:04
			case they defend themselves sometimes but when they
		
00:49:04 --> 00:49:06
			speak they become mudda'i and they have
		
00:49:06 --> 00:49:07
			a claim against the other person.
		
00:49:07 --> 00:49:10
			So the person could be mudda'i mudda
		
00:49:10 --> 00:49:11
			'i alayh at the same time.
		
00:49:11 --> 00:49:13
			A plaintiff and a defendant at the same
		
00:49:13 --> 00:49:15
			time based on the circumstance of their claims.
		
00:49:16 --> 00:49:18
			So basically you need to be smart how
		
00:49:18 --> 00:49:19
			to identify who's who.
		
00:49:20 --> 00:49:21
			So here they're going to try to give
		
00:49:21 --> 00:49:23
			different interpretation to what the ulema say.
		
00:49:23 --> 00:49:25
			Who is the plaintiff and who is the
		
00:49:25 --> 00:49:25
			defendant?
		
00:49:37 --> 00:49:38
			What does that mean?
		
00:49:38 --> 00:49:41
			If someone makes a claim and they go
		
00:49:41 --> 00:49:42
			quiet, right?
		
00:49:43 --> 00:49:43
			They have the proof.
		
00:49:44 --> 00:49:46
			Do you have even to ask them to
		
00:49:46 --> 00:49:48
			explain the proof if the proof is very
		
00:49:48 --> 00:49:49
			obvious?
		
00:49:49 --> 00:49:49
			No.
		
00:49:50 --> 00:49:53
			But if someone has a claim against them
		
00:49:53 --> 00:49:55
			they can't be quiet anymore.
		
00:49:55 --> 00:49:57
			You have to defend yourself against it.
		
00:49:57 --> 00:49:58
			So you cannot be quiet.
		
00:49:58 --> 00:50:00
			So the one who cannot be quiet is
		
00:50:00 --> 00:50:02
			the one we call the defendant based on
		
00:50:02 --> 00:50:03
			this very simple definition.
		
00:50:04 --> 00:50:04
			The second?
		
00:50:09 --> 00:50:11
			Contrary to the original state of affairs or
		
00:50:11 --> 00:50:14
			contrary to what is openly apparent.
		
00:50:14 --> 00:50:16
			And the one against whom the claim is
		
00:50:16 --> 00:50:17
			made is the opposite of that.
		
00:50:18 --> 00:50:19
			What does that mean?
		
00:50:19 --> 00:50:20
			What does that mean?
		
00:50:20 --> 00:50:21
			For example, I come to you and I
		
00:50:21 --> 00:50:24
			say, Hey, give me my watch.
		
00:50:25 --> 00:50:25
			And the watch is where?
		
00:50:26 --> 00:50:27
			On your arm.
		
00:50:27 --> 00:50:27
			On your hand.
		
00:50:28 --> 00:50:30
			So right now the other person is like,
		
00:50:31 --> 00:50:31
			What are you talking about?
		
00:50:31 --> 00:50:32
			That's mine.
		
00:50:32 --> 00:50:33
			No, it's mine.
		
00:50:34 --> 00:50:39
			So who is calling against what is considered
		
00:50:39 --> 00:50:41
			the apparent state or what you call al
		
00:50:41 --> 00:50:41
			-asl?
		
00:50:42 --> 00:50:43
			Who is the one who is changing what
		
00:50:43 --> 00:50:44
			is considered the apparent thing?
		
00:50:44 --> 00:50:45
			The apparent thing is what?
		
00:50:45 --> 00:50:47
			The man who is holding that watch in
		
00:50:47 --> 00:50:49
			his hand is the owner of that watch.
		
00:50:50 --> 00:50:52
			Now me coming and saying this is mine,
		
00:50:53 --> 00:50:57
			I'm obviously contradicting what is obvious.
		
00:50:57 --> 00:50:59
			That's supposed to be his.
		
00:50:59 --> 00:51:01
			So if you come to contradict what is
		
00:51:01 --> 00:51:03
			obvious, you become the what?
		
00:51:04 --> 00:51:07
			The plaintiff and the claimant, and it's on
		
00:51:07 --> 00:51:09
			you to prove the evidence that the watch
		
00:51:09 --> 00:51:10
			is yours.
		
00:51:11 --> 00:51:13
			You become your response to provide that.
		
00:51:14 --> 00:51:16
			If you tell the person, for example, Give
		
00:51:16 --> 00:51:17
			me my watch.
		
00:51:18 --> 00:51:20
			And that person says, Too late.
		
00:51:22 --> 00:51:24
			What does that mean now?
		
00:51:25 --> 00:51:26
			They admit it.
		
00:51:27 --> 00:51:27
			Right?
		
00:51:28 --> 00:51:29
			They admit it.
		
00:51:29 --> 00:51:32
			So now they're responsible to prove.
		
00:51:33 --> 00:51:34
			So they become now the mudda'i.
		
00:51:35 --> 00:51:38
			Now they become suddenly the plaintiff who claim
		
00:51:38 --> 00:51:40
			that, Yeah, it was theirs, but it's mine
		
00:51:40 --> 00:51:41
			now.
		
00:51:41 --> 00:51:43
			So now they're responsible to do what?
		
00:51:44 --> 00:51:46
			To give the proof that I sold it
		
00:51:46 --> 00:51:47
			or I gifted it to you.
		
00:51:48 --> 00:51:49
			So who is now going to give the
		
00:51:49 --> 00:51:50
			oath right now?
		
00:51:50 --> 00:51:52
			The one who claimed it first that this
		
00:51:52 --> 00:51:52
			is mine.
		
00:51:52 --> 00:51:54
			Because that person becomes the defendant in this
		
00:51:54 --> 00:51:54
			case.
		
00:51:55 --> 00:51:57
			So again, it needs to be very critical
		
00:51:57 --> 00:51:58
			how to understand who is the plaintiff and
		
00:51:58 --> 00:52:00
			who is the defendant in these situations.
		
00:52:01 --> 00:52:02
			Let's move on to the next, inshallah.
		
00:52:02 --> 00:52:03
			Do we demand?
		
00:52:05 --> 00:52:08
			As for someone who has been entrusted.
		
00:52:08 --> 00:52:10
			As for someone who has been entrusted with
		
00:52:10 --> 00:52:12
			the care of some goods, and he claims
		
00:52:12 --> 00:52:14
			that they perished, such as someone who has
		
00:52:14 --> 00:52:16
			been entrusted with a deposit, and he claimed
		
00:52:16 --> 00:52:18
			the destruction of the matter deposited with him,
		
00:52:19 --> 00:52:20
			then it is said that he is the
		
00:52:20 --> 00:52:22
			claimant since the original position is contrary to
		
00:52:22 --> 00:52:25
			his claim, i.e. he received the goods
		
00:52:25 --> 00:52:27
			in a good state, and he only is
		
00:52:27 --> 00:52:30
			without need of corroborative testimony because the one
		
00:52:30 --> 00:52:34
			who deposited the goods trusted him, and that
		
00:52:34 --> 00:52:37
			trust necessarily requires the acceptance of his word.
		
00:52:37 --> 00:52:38
			What does that mean here?
		
00:52:39 --> 00:52:40
			If you're going to give somebody, let's say
		
00:52:40 --> 00:52:42
			you're traveling, you're going to give somebody a
		
00:52:42 --> 00:52:43
			thousand dollars to keep it with them.
		
00:52:44 --> 00:52:45
			So could you keep this with you please?
		
00:52:45 --> 00:52:46
			Why would you give it to them?
		
00:52:47 --> 00:52:49
			Because you trust them, right?
		
00:52:50 --> 00:52:52
			If you don't trust this person, you won't
		
00:52:52 --> 00:52:53
			give them the money.
		
00:52:54 --> 00:52:57
			So now, if this person you trusted comes
		
00:52:57 --> 00:52:58
			to you and says, I'm so sorry, there
		
00:52:58 --> 00:53:00
			was actually a flood, whatever that is, and
		
00:53:00 --> 00:53:02
			the money was lost.
		
00:53:03 --> 00:53:05
			Do they have to give you an oath
		
00:53:05 --> 00:53:07
			that this would happen in order for you
		
00:53:07 --> 00:53:07
			to believe them?
		
00:53:08 --> 00:53:10
			So that's what the argument over here says.
		
00:53:10 --> 00:53:11
			If you already trusted them in the first
		
00:53:11 --> 00:53:14
			place, no, they don't owe you an oath.
		
00:53:15 --> 00:53:15
			Why is that?
		
00:53:16 --> 00:53:18
			Because they already were trustworthy.
		
00:53:18 --> 00:53:20
			The only reason why we demand an oath
		
00:53:20 --> 00:53:21
			from them is because we don't trust their
		
00:53:21 --> 00:53:22
			statements.
		
00:53:23 --> 00:53:25
			But because this person was already trustworthy to
		
00:53:25 --> 00:53:28
			you, we don't demand an oath from them.
		
00:53:28 --> 00:53:30
			That's a standard rule, but the ulema, they
		
00:53:30 --> 00:53:32
			have other circumstances for that.
		
00:53:32 --> 00:53:35
			So some say that, Some say that the
		
00:53:35 --> 00:53:38
			claimant who requires corroborative testimony is really the
		
00:53:38 --> 00:53:40
			claimant who does so in order that he
		
00:53:40 --> 00:53:42
			should be given his claim, which is people's
		
00:53:42 --> 00:53:45
			property or their lives, as is mentioned in
		
00:53:45 --> 00:53:45
			the hadith.
		
00:53:45 --> 00:53:47
			As for someone who is trusted, he does
		
00:53:47 --> 00:53:49
			not claim something in order to be given
		
00:53:49 --> 00:53:49
			anything.
		
00:53:49 --> 00:53:51
			Some say that he is, on the contrary,
		
00:53:52 --> 00:53:53
			the one against whom the claim is made
		
00:53:53 --> 00:53:55
			because if he is silent, he is not
		
00:53:55 --> 00:53:58
			left alone but he must answer and that
		
00:53:58 --> 00:54:00
			the one who lodges a deposit is the
		
00:54:00 --> 00:54:02
			claimant since if he is silent, he is
		
00:54:02 --> 00:54:03
			left alone.
		
00:54:03 --> 00:54:05
			So basically, there are different definitions of who
		
00:54:05 --> 00:54:07
			is the claimant and who is the counter
		
00:54:07 --> 00:54:09
			-claimant in these circumstances.
		
00:54:09 --> 00:54:11
			Again, it's a bit technical, so we're going
		
00:54:11 --> 00:54:13
			to move on to the next page, where
		
00:54:13 --> 00:54:15
			it says the people of fiqh differ.
		
00:54:15 --> 00:54:17
			The people of fiqh differ in two ways
		
00:54:17 --> 00:54:18
			in this section.
		
00:54:18 --> 00:54:21
			First, that corroborative testimony is always required of
		
00:54:21 --> 00:54:23
			the claimant and that the one against whom
		
00:54:23 --> 00:54:25
			the claim is made always has the right
		
00:54:25 --> 00:54:26
			to take an oath.
		
00:54:26 --> 00:54:28
			So this is basically a very simple message.
		
00:54:28 --> 00:54:30
			It says, look, based on the hadith, we
		
00:54:30 --> 00:54:32
			only ask the oath from the defendant.
		
00:54:33 --> 00:54:36
			We don't demand the oath from the plaintiff.
		
00:54:36 --> 00:54:37
			So that's the first opinion.
		
00:54:38 --> 00:54:40
			The other opinion is a bit different.
		
00:54:40 --> 00:54:41
			It's going to come in two pages after
		
00:54:41 --> 00:54:42
			this.
		
00:54:42 --> 00:54:44
			So he's going to try to bring evidences
		
00:54:44 --> 00:54:48
			that, yes, only the defendants are responsible to
		
00:54:48 --> 00:54:49
			give an oath.
		
00:54:49 --> 00:54:50
			And he's going to bring the example here
		
00:54:50 --> 00:54:52
			of Al-Qasama.
		
00:54:52 --> 00:54:55
			If you look at maybe three lines after
		
00:54:55 --> 00:54:56
			that, there's the word Al-Qasama.
		
00:54:57 --> 00:54:59
			And down in the middle, there's Sa'id
		
00:54:59 --> 00:55:01
			ibn Ubaid narrated.
		
00:55:01 --> 00:55:02
			Read the story.
		
00:55:03 --> 00:55:06
			Sa'id ibn Ubaid narrated, Bousheir ibn Yassar
		
00:55:06 --> 00:55:10
			al-Ansari narrated to us from Sahal ibn
		
00:55:10 --> 00:55:12
			Abi Hathma that he told him that a
		
00:55:12 --> 00:55:13
			party of them went to Khaibar where they
		
00:55:13 --> 00:55:16
			separated and then came to find that one
		
00:55:16 --> 00:55:18
			of them had been killed and he mentioned
		
00:55:18 --> 00:55:19
			the rest of the hadith.
		
00:55:19 --> 00:55:20
			So what's the rest of the hadith over
		
00:55:20 --> 00:55:21
			here?
		
00:55:21 --> 00:55:22
			It's mentioned down there, but I'm going to
		
00:55:22 --> 00:55:23
			explain it real quick, inshallah.
		
00:55:23 --> 00:55:25
			So a group of sahaba went to Khaibar.
		
00:55:25 --> 00:55:28
			Khaibar was the land of the Jews at
		
00:55:28 --> 00:55:29
			the time.
		
00:55:29 --> 00:55:32
			So they separated, they went to different businesses,
		
00:55:32 --> 00:55:34
			because Khaibar was known to be a good
		
00:55:34 --> 00:55:36
			business place for tamarind dates and stuff.
		
00:55:36 --> 00:55:39
			They separated, and then when they came back
		
00:55:39 --> 00:55:40
			together, one is missing, where is he?
		
00:55:40 --> 00:55:43
			Looking around, they found him being killed or
		
00:55:43 --> 00:55:45
			dead in that neighborhood.
		
00:55:45 --> 00:55:47
			So what they did, they went to claim
		
00:55:47 --> 00:55:50
			the blood, of course, of this individual who
		
00:55:50 --> 00:55:50
			killed him.
		
00:55:51 --> 00:55:54
			Now there is no way to find, not
		
00:55:54 --> 00:55:56
			like today obviously, but they tried and they
		
00:55:56 --> 00:55:58
			couldn't see anybody.
		
00:55:58 --> 00:56:01
			No one has any witnesses, no one is
		
00:56:01 --> 00:56:03
			claiming, no one is admitting to it, and
		
00:56:03 --> 00:56:06
			the neighborhood, which is supposed to be the
		
00:56:06 --> 00:56:09
			place where he was killed, no one has
		
00:56:09 --> 00:56:13
			any testimony or even wants to admit that
		
00:56:13 --> 00:56:14
			they killed him.
		
00:56:14 --> 00:56:18
			This is called lawaf in the system of
		
00:56:18 --> 00:56:20
			Judaism in regard to the blood.
		
00:56:20 --> 00:56:23
			Like there is no pure and clear evidence
		
00:56:23 --> 00:56:24
			to who killed this individual.
		
00:56:24 --> 00:56:26
			If that is the case, you cannot right
		
00:56:26 --> 00:56:29
			now take somebody randomly and say, we're going
		
00:56:29 --> 00:56:30
			to take one for one, a man for
		
00:56:30 --> 00:56:30
			a man.
		
00:56:30 --> 00:56:31
			You can't do that.
		
00:56:32 --> 00:56:34
			So in this case, what the Prophet SAW
		
00:56:34 --> 00:56:37
			told them, said to the Sahaba, bring an
		
00:56:37 --> 00:56:39
			evidence to prove that you know the one
		
00:56:39 --> 00:56:40
			who killed him.
		
00:56:40 --> 00:56:41
			He said, we don't have that.
		
00:56:41 --> 00:56:42
			We have no proof.
		
00:56:43 --> 00:56:44
			He said, okay, in this case, I'm going
		
00:56:44 --> 00:56:46
			to have to ask them to give 50
		
00:56:46 --> 00:56:49
			yameen, like 50 people from that neighborhood should
		
00:56:49 --> 00:56:52
			all swear by God that they don't know
		
00:56:52 --> 00:56:53
			and they have nothing to do with the
		
00:56:53 --> 00:56:55
			murder of this man.
		
00:56:56 --> 00:56:59
			That's called al-qasama, an Islamic system that
		
00:56:59 --> 00:57:01
			works in these circumstances.
		
00:57:02 --> 00:57:04
			And if this is the case, the community
		
00:57:04 --> 00:57:06
			becomes free from being liable for the death
		
00:57:06 --> 00:57:07
			of this individual.
		
00:57:08 --> 00:57:10
			So when the Prophet told the Sahaba, okay,
		
00:57:10 --> 00:57:12
			I'll have 50 of them to swear by
		
00:57:12 --> 00:57:13
			Allah, they said, Ya Rasulallah, we're not going
		
00:57:13 --> 00:57:15
			to take the oath of the Jews.
		
00:57:16 --> 00:57:16
			We don't believe them.
		
00:57:17 --> 00:57:19
			We're not going to trust them with that
		
00:57:19 --> 00:57:19
			oath.
		
00:57:19 --> 00:57:21
			So the Prophet SAW didn't know what to
		
00:57:21 --> 00:57:21
			do in this situation.
		
00:57:21 --> 00:57:23
			He told them, okay, in this case, we
		
00:57:23 --> 00:57:25
			will pay for his diyah, the blood money
		
00:57:25 --> 00:57:26
			from bayt al-mal.
		
00:57:27 --> 00:57:31
			We're going to just cover his diyah, which
		
00:57:31 --> 00:57:34
			is the blood money for his family from
		
00:57:34 --> 00:57:37
			bayt al-mal, from the house, the finance,
		
00:57:37 --> 00:57:38
			of course, of the community, or at least
		
00:57:38 --> 00:57:42
			in this case, the Islamic treasury, basically.
		
00:57:42 --> 00:57:43
			So we'll take care of that for you.
		
00:57:43 --> 00:57:44
			So that's called al-qasama.
		
00:57:44 --> 00:57:47
			It's an evidence and proof that he demanded
		
00:57:47 --> 00:57:49
			from the defendants to give the oath, not
		
00:57:49 --> 00:57:50
			from the plaintiff.
		
00:57:50 --> 00:57:52
			Let's move to the next slide now, the
		
00:57:52 --> 00:57:55
			following page, where it says single witness.
		
00:57:55 --> 00:57:56
			Actually, it's not single, not that.
		
00:57:57 --> 00:57:59
			As for the issue of a single witness.
		
00:57:59 --> 00:58:01
			As for the issue of a single witness,
		
00:58:01 --> 00:58:03
			along with an oath, those who deny judgment
		
00:58:03 --> 00:58:06
			on the basis of a single witness and
		
00:58:06 --> 00:58:08
			an oath seek to prove it by the
		
00:58:08 --> 00:58:10
			hadith, produce your two witnesses, or he has
		
00:58:10 --> 00:58:12
			the right to his oath, denying your claim,
		
00:58:13 --> 00:58:15
			and his saying, Sallallahu alayhi wasallam, you have
		
00:58:15 --> 00:58:17
			the right only to that.
		
00:58:17 --> 00:58:21
			Qadi Ismail al-Maliki spoke concerning this wording,
		
00:58:21 --> 00:58:23
			and he said, the only one who narrated
		
00:58:23 --> 00:58:25
			this was Mansur from Abu Wa'il, and
		
00:58:25 --> 00:58:29
			all the other narrators disagree with him saying,
		
00:58:30 --> 00:58:32
			he asked him, do you have corroborative testimony
		
00:58:32 --> 00:58:33
			or not?
		
00:58:33 --> 00:58:36
			And corroborative testimony is not restricted to two
		
00:58:36 --> 00:58:39
			witnesses alone, but it comprises everything that makes
		
00:58:39 --> 00:58:40
			the truth clear.
		
00:58:40 --> 00:58:42
			So the point of the corroborative witness over
		
00:58:42 --> 00:58:45
			here, al-bayyinah, anything that brings the truth
		
00:58:45 --> 00:58:49
			out, whether it's two witnesses, some other circumstances,
		
00:58:49 --> 00:58:52
			or in this situation, if the plaintiff can
		
00:58:52 --> 00:58:55
			bring one witness, and in the place of
		
00:58:55 --> 00:58:56
			the second witness, he gives an oath.
		
00:58:57 --> 00:58:58
			And that's an issue of argument among the
		
00:58:58 --> 00:59:00
			fuqaha and the ulama, if that is acceptable
		
00:59:00 --> 00:59:03
			and admitted as a proof or evidence against
		
00:59:03 --> 00:59:04
			the defendant.
		
00:59:04 --> 00:59:06
			That's an issue of argument in the court
		
00:59:06 --> 00:59:07
			of law.
		
00:59:08 --> 00:59:09
			Move on to the next page, inshallah.
		
00:59:11 --> 00:59:13
			Where it says actually the second statement.
		
00:59:13 --> 00:59:14
			Go to the second statement.
		
00:59:14 --> 00:59:16
			The second statement on the issue is that
		
00:59:16 --> 00:59:18
			preference is given to the stronger of the
		
00:59:18 --> 00:59:20
			two contending parties and the right to an
		
00:59:20 --> 00:59:21
			oath assigned to him.
		
00:59:22 --> 00:59:23
			This is the method of Malik.
		
00:59:23 --> 00:59:26
			And similarly, Fadi Abu Ya'la mentioned in
		
00:59:26 --> 00:59:28
			his irregular views that it is the method
		
00:59:28 --> 00:59:29
			of Ahmed.
		
00:59:29 --> 00:59:31
			On the basis of this, the issues we
		
00:59:31 --> 00:59:34
			mentioned of judging by qasama, oaths, and by
		
00:59:34 --> 00:59:38
			a single witness and an oath are accomplished
		
00:59:38 --> 00:59:40
			because when the side of the claimant in
		
00:59:40 --> 00:59:43
			the case of qasama is strengthened by weak
		
00:59:43 --> 00:59:45
			and incomplete evidence, then the oath is put
		
00:59:45 --> 00:59:47
			on his side and judgment is passed in
		
00:59:47 --> 00:59:48
			his favor by it.
		
00:59:48 --> 00:59:50
			So basically the argument is what?
		
00:59:51 --> 00:59:54
			Why do we demand the defendant to give
		
00:59:54 --> 00:59:55
			an oath?
		
00:59:55 --> 01:00:00
			Because the defendant has the weakest evidence and
		
01:00:00 --> 01:00:00
			proof.
		
01:00:01 --> 01:00:08
			But the plaintiff, when they make a claim,
		
01:00:08 --> 01:00:13
			obviously, their claim is weak because it's contrary
		
01:00:13 --> 01:00:14
			to what's obvious.
		
01:00:14 --> 01:00:15
			Like I said, when someone claims, this is
		
01:00:15 --> 01:00:16
			my watch.
		
01:00:17 --> 01:00:19
			So their claim is weak unless they provide
		
01:00:19 --> 01:00:20
			what?
		
01:00:20 --> 01:00:21
			A proof for that.
		
01:00:21 --> 01:00:22
			So that's why we ask them to bring
		
01:00:22 --> 01:00:23
			a proof to it.
		
01:00:24 --> 01:00:28
			Now, al-mudda'a alay, the defendant, he
		
01:00:28 --> 01:00:29
			has the strength of what?
		
01:00:30 --> 01:00:31
			The hal.
		
01:00:32 --> 01:00:34
			The condition of having this on his hand.
		
01:00:34 --> 01:00:36
			So that's the standard rule.
		
01:00:36 --> 01:00:37
			It's supposed to be his unless you prove
		
01:00:37 --> 01:00:37
			otherwise.
		
01:00:38 --> 01:00:40
			Because you have a stronger evidence or proof,
		
01:00:41 --> 01:00:43
			this watch is on my hand, so we
		
01:00:43 --> 01:00:45
			don't demand from them a strong evidence.
		
01:00:45 --> 01:00:46
			We ask them for the weaker one.
		
01:00:46 --> 01:00:48
			And the weaker one just say, I swear,
		
01:00:49 --> 01:00:50
			then you're good.
		
01:00:51 --> 01:00:53
			So basically the second opinion is look at
		
01:00:53 --> 01:00:57
			who has the stronger case.
		
01:00:58 --> 01:00:59
			And the one who has the stronger case
		
01:00:59 --> 01:01:02
			would be the one who will be demanded,
		
01:01:02 --> 01:01:03
			of course, to give that oath.
		
01:01:03 --> 01:01:05
			Now, let's move on to the next.
		
01:01:05 --> 01:01:07
			Allah says that the people of knowledge have
		
01:01:07 --> 01:01:07
			two ways.
		
01:01:09 --> 01:01:10
			They're at the bottom of the page.
		
01:01:11 --> 01:01:12
			The last line.
		
01:01:13 --> 01:01:13
			Five, four, three.
		
01:01:13 --> 01:01:15
			The people of knowledge have two ways in
		
01:01:15 --> 01:01:16
			response to Hussain.
		
01:01:20 --> 01:01:23
			Corroborative testimony is required of the claimant.
		
01:01:23 --> 01:01:25
			First, that this is singled out from his
		
01:01:25 --> 01:01:27
			general rule by a proof.
		
01:01:27 --> 01:01:30
			Second, that Hussain's corroborative testimony is required of
		
01:01:30 --> 01:01:33
			the claimant is not a general ruling because
		
01:01:33 --> 01:01:36
			what is meant is the said claimant who
		
01:01:36 --> 01:01:38
			is someone who has no decisive proof other
		
01:01:38 --> 01:01:40
			than the claim as in his wording.
		
01:01:40 --> 01:01:43
			If people were to be given according to
		
01:01:43 --> 01:01:45
			what they claim, men would claim people's property
		
01:01:45 --> 01:01:46
			and lives.
		
01:01:47 --> 01:01:49
			So basically here what he's saying, he's going
		
01:01:49 --> 01:01:50
			to give you four opinions.
		
01:01:50 --> 01:01:51
			Four opinions.
		
01:01:51 --> 01:01:54
			To how do we explain the Prophet's statement
		
01:01:54 --> 01:01:59
			in regards to Okay, How do you explain
		
01:01:59 --> 01:01:59
			that?
		
01:02:00 --> 01:02:01
			He gives four different opinions over here.
		
01:02:01 --> 01:02:03
			Again, these are technical definitions.
		
01:02:04 --> 01:02:05
			So we're going to move forward inshallah to
		
01:02:05 --> 01:02:06
			the next page.
		
01:02:26 --> 01:02:27
			So remember what we said.
		
01:02:27 --> 01:02:28
			The bayyinah is supposed to be what?
		
01:02:29 --> 01:02:32
			Anything or any proof or evidence that is
		
01:02:32 --> 01:02:33
			solid enough to prove the case.
		
01:02:34 --> 01:02:34
			It could be witnesses.
		
01:02:35 --> 01:02:37
			It could be the person admits, the defendant
		
01:02:37 --> 01:02:39
			admits, the fault of course.
		
01:02:39 --> 01:02:42
			But then what about those circumstantial or factual
		
01:02:42 --> 01:02:42
			evidences?
		
01:02:43 --> 01:02:45
			Some of these factual evidences in our time
		
01:02:45 --> 01:02:45
			is what?
		
01:02:45 --> 01:02:46
			Fingerprints for example.
		
01:02:47 --> 01:02:49
			It didn't exist back then.
		
01:02:49 --> 01:02:50
			Forensic evidences for instance.
		
01:02:51 --> 01:02:51
			DNA.
		
01:02:52 --> 01:02:53
			All these things right now are used in
		
01:02:53 --> 01:02:54
			the court of law.
		
01:02:54 --> 01:02:56
			And there was actually a huge debate in
		
01:02:56 --> 01:02:58
			the Muslim community, of course in the Muslim
		
01:02:58 --> 01:03:01
			court, in regards to admitting these proofs as
		
01:03:01 --> 01:03:02
			evidences in these cases.
		
01:03:02 --> 01:03:05
			Especially the proof of paternity for example, and
		
01:03:05 --> 01:03:06
			all these things and so on.
		
01:03:06 --> 01:03:09
			Because some ulama would resist because their specific
		
01:03:09 --> 01:03:12
			text would suggest not to use these factual
		
01:03:12 --> 01:03:13
			or circumstantial evidences.
		
01:03:14 --> 01:03:16
			But nowadays, alhamdulillah, the majority of course, the
		
01:03:16 --> 01:03:20
			ulama agree that as long as the circumstantial
		
01:03:20 --> 01:03:23
			evidence is close to become factual evidence, it
		
01:03:23 --> 01:03:26
			can be admitted in the court of law.
		
01:03:26 --> 01:03:26
			Yes.
		
01:03:27 --> 01:03:28
			Next, what it says?
		
01:03:29 --> 01:03:31
			It has been narrated?
		
01:03:38 --> 01:03:40
			By the way, you know what, I'm going
		
01:03:40 --> 01:03:41
			to have you read that story before, because
		
01:03:41 --> 01:03:42
			it's an interesting story.
		
01:03:43 --> 01:03:45
			Where it says the factual evidence, which shows?
		
01:03:49 --> 01:03:51
			By the way, just to give you perspective,
		
01:03:52 --> 01:03:53
			Shuraykh is known to be one of the
		
01:03:53 --> 01:03:56
			very well-known supreme judges of the past.
		
01:03:57 --> 01:03:58
			Like he was one of the best judges
		
01:03:58 --> 01:03:59
			in the history of Islam.
		
01:03:59 --> 01:04:01
			So that's why when we bring Shuraykh, he's
		
01:04:01 --> 01:04:02
			like the judge, that's what it means.
		
01:04:22 --> 01:04:23
			Did you understand the story?
		
01:04:24 --> 01:04:26
			Two women, they were fighting for kittens.
		
01:04:27 --> 01:04:29
			They both said, these kittens are for my
		
01:04:29 --> 01:04:29
			cat.
		
01:04:30 --> 01:04:31
			And the other one said, no, these kittens
		
01:04:31 --> 01:04:32
			are for my cat.
		
01:04:32 --> 01:04:34
			They both have cats, and each one of
		
01:04:34 --> 01:04:36
			them claimed, these kittens are mine.
		
01:04:36 --> 01:04:37
			They want to keep the kittens for themselves,
		
01:04:37 --> 01:04:37
			obviously.
		
01:04:38 --> 01:04:38
			MashaAllah.
		
01:04:39 --> 01:04:42
			So the ummah has so much compassion for
		
01:04:42 --> 01:04:42
			these kittens.
		
01:04:42 --> 01:04:44
			So they were claiming the kittens to be
		
01:04:44 --> 01:04:44
			theirs.
		
01:04:44 --> 01:04:48
			So al-Qadhi Shuraykh, he used circumstantial factual
		
01:04:48 --> 01:04:48
			evidence.
		
01:04:48 --> 01:04:50
			He goes, you know what, bring these two
		
01:04:50 --> 01:04:50
			cats.
		
01:04:51 --> 01:04:52
			And let the kittens go there.
		
01:04:52 --> 01:04:56
			If the mother stretches herself, and allows them
		
01:04:56 --> 01:05:00
			to come and nurse, then that's from that
		
01:05:00 --> 01:05:00
			cat.
		
01:05:00 --> 01:05:02
			Otherwise, if she runs away from them, that's
		
01:05:02 --> 01:05:03
			not her babies.
		
01:05:03 --> 01:05:04
			So that's simple as that.
		
01:05:04 --> 01:05:05
			That was his judgment, basically.
		
01:05:06 --> 01:05:07
			Now the other story, where it says al
		
01:05:07 --> 01:05:10
			-Qafah, he says that Imam al-Shafi'i
		
01:05:10 --> 01:05:12
			allows that, which is, these are now forensic
		
01:05:12 --> 01:05:13
			evidences.
		
01:05:14 --> 01:05:15
			Like al-Qafah are those people who are,
		
01:05:16 --> 01:05:22
			what do you call them, people who travel
		
01:05:22 --> 01:05:26
			in the desert, and they can follow footprints
		
01:05:26 --> 01:05:27
			and so on.
		
01:05:28 --> 01:05:29
			Trackers.
		
01:05:30 --> 01:05:31
			Treasure trackers.
		
01:05:31 --> 01:05:34
			So basically these trackers, he says, if you
		
01:05:34 --> 01:05:36
			have an expert tracker, who can give a
		
01:05:36 --> 01:05:39
			testimony, as an expert in the court, to
		
01:05:39 --> 01:05:42
			say, well based on the evidence I see
		
01:05:42 --> 01:05:43
			in this, actually this has been stolen from
		
01:05:43 --> 01:05:44
			this person.
		
01:05:44 --> 01:05:47
			He goes, that testimony will be admitted to
		
01:05:47 --> 01:05:49
			the court, because that's an expert right now.
		
01:05:49 --> 01:05:52
			So the expert testimony can be used as
		
01:05:52 --> 01:05:53
			a circumstantial evidence.
		
01:05:54 --> 01:05:56
			And the other story as well too, he
		
01:05:56 --> 01:05:59
			speaks about if people, if a farmer claimed
		
01:05:59 --> 01:06:04
			his neighbor's sheep or herd destroyed his farm.
		
01:06:05 --> 01:06:07
			He goes, we look around.
		
01:06:07 --> 01:06:09
			If we can see traces of their hooves
		
01:06:09 --> 01:06:10
			on the ground, then we take his word
		
01:06:10 --> 01:06:12
			as a test, as a proof.
		
01:06:12 --> 01:06:14
			Otherwise, we deny it.
		
01:06:14 --> 01:06:18
			So the point of this masala, is circumstantial
		
01:06:18 --> 01:06:22
			proofs, factual evidences, can also be admitted as
		
01:06:22 --> 01:06:24
			bayyina, in this context.
		
01:06:24 --> 01:06:26
			Now, Hussain.
		
01:06:27 --> 01:06:29
			Hussain, the oath is the right of the
		
01:06:29 --> 01:06:30
			one against whom the claim is made.
		
01:06:30 --> 01:06:32
			It shows that everyone against whom a claim
		
01:06:32 --> 01:06:34
			is made and who denies it, must then
		
01:06:34 --> 01:06:35
			make an oath.
		
01:06:35 --> 01:06:36
			This is a statement of most of the
		
01:06:36 --> 01:06:37
			faqaha.
		
01:06:37 --> 01:06:40
			Madak said, the oath is only obligatory for
		
01:06:40 --> 01:06:42
			someone who denies the claim against him.
		
01:06:42 --> 01:06:44
			If there is some kind of social *
		
01:06:44 --> 01:06:46
			between the two claimants, for fear that fools
		
01:06:46 --> 01:06:50
			might degrade leaders by seeking their oaths, by
		
01:06:50 --> 01:06:52
			merely making a claim, whether true or false,
		
01:06:52 --> 01:06:52
			against them.
		
01:06:52 --> 01:06:54
			So he brings right now an issue, a
		
01:06:54 --> 01:06:56
			very minor issue, from Malik rahimallah.
		
01:06:56 --> 01:06:56
			He goes, look.
		
01:06:56 --> 01:06:59
			We understand that you owe them oath if
		
01:06:59 --> 01:07:01
			you don't have a bayyina against them.
		
01:07:01 --> 01:07:06
			However, in some circumstances, we don't demand an
		
01:07:06 --> 01:07:10
			oath from the defendant if these defendants have
		
01:07:10 --> 01:07:13
			a reputation to be trustworthy, to be of
		
01:07:13 --> 01:07:15
			noble, for example, a kind of status in
		
01:07:15 --> 01:07:17
			the community that is not befitting them to
		
01:07:17 --> 01:07:18
			be in this position.
		
01:07:18 --> 01:07:19
			They would never do something like this.
		
01:07:19 --> 01:07:22
			There is no solid evidence and proof against
		
01:07:22 --> 01:07:23
			them to these claims.
		
01:07:23 --> 01:07:24
			So in this case, we don't demand that
		
01:07:24 --> 01:07:25
			they give oath.
		
01:07:25 --> 01:07:28
			That's Imam Malik rahimallah's opinion as he mentioned
		
01:07:28 --> 01:07:29
			it over here.
		
01:07:30 --> 01:07:33
			And finally, witness under oath, the next page,
		
01:07:37 --> 01:07:39
			where it says, Muhanna asked Imam Ahmed.
		
01:07:39 --> 01:07:41
			Muhanna asked Imam Ahmed about this issue and
		
01:07:41 --> 01:07:42
			Ahmed answered.
		
01:07:42 --> 01:07:43
			Ali did it.
		
01:07:43 --> 01:07:44
			He asked him, is this correct?
		
01:07:44 --> 01:07:46
			He answered, Ali did it.
		
01:07:47 --> 01:07:49
			The fadi confirmed this narration from Ahmed, but
		
01:07:49 --> 01:07:51
			he interpreted it as referring to the claim
		
01:07:51 --> 01:07:54
			made against someone who was absent or against
		
01:07:54 --> 01:07:54
			a minor.
		
01:07:54 --> 01:07:56
			And this is not sound because Ali only
		
01:07:56 --> 01:07:57
			made a claim and swear.
		
01:07:58 --> 01:08:01
			An oath was present with him along with
		
01:08:01 --> 01:08:03
			his corroborated witness.
		
01:08:04 --> 01:08:06
			Like he's saying here, do you demand from
		
01:08:06 --> 01:08:09
			the plaintiff to give an oath if you
		
01:08:09 --> 01:08:11
			didn't have a clear evidence or proof?
		
01:08:12 --> 01:08:14
			I mean, the hadith says, no, you don't.
		
01:08:15 --> 01:08:16
			But here it says Ali, he demanded that
		
01:08:16 --> 01:08:17
			from him.
		
01:08:17 --> 01:08:19
			Which again, brings us to the hadith of
		
01:08:19 --> 01:08:22
			the Prophet salallahu alayhi wa sallam, started this
		
01:08:22 --> 01:08:24
			discussion over who is the plaintiff and who
		
01:08:24 --> 01:08:26
			is the defendant.
		
01:08:26 --> 01:08:27
			And you need to know very well to
		
01:08:27 --> 01:08:29
			understand from this so you can determine who's
		
01:08:29 --> 01:08:31
			who, so you can tell who needs to
		
01:08:31 --> 01:08:35
			provide an evidence in order to provide or
		
01:08:35 --> 01:08:36
			give the oath.
		
01:08:36 --> 01:08:37
			We're going to go to the end, inshallah.
		
01:08:37 --> 01:08:38
			The last page.
		
01:08:39 --> 01:08:49
			On page 548, the fuqaha differ as
		
01:08:49 --> 01:08:51
			to whether or not an oath is demanded
		
01:08:51 --> 01:08:57
			for all Adamic human rights as is the
		
01:08:57 --> 01:09:00
			position of a Shafi'i and is in
		
01:09:00 --> 01:09:04
			one narration from Ahmed or whether an oath
		
01:09:04 --> 01:09:07
			is only demanded in those cases which judgment
		
01:09:07 --> 01:09:10
			leads to an exemplary punishment as is narrated
		
01:09:10 --> 01:09:12
			in one version from Ahmed or whether an
		
01:09:12 --> 01:09:15
			oath is only demanded in respect of that
		
01:09:15 --> 01:09:18
			which it is sound to give generously away
		
01:09:18 --> 01:09:20
			or is the more well-known position of
		
01:09:20 --> 01:09:23
			Ahmed or whether the oath is only required
		
01:09:23 --> 01:09:25
			for every claim which does not need two
		
01:09:25 --> 01:09:27
			witnesses as is said to be the position
		
01:09:27 --> 01:09:28
			of man.
		
01:09:28 --> 01:09:30
			So in one paragraph, he summarized so many
		
01:09:30 --> 01:09:33
			different rules in the court in regards to
		
01:09:33 --> 01:09:35
			the huqooq of adamiyyin.
		
01:09:35 --> 01:09:38
			Do you demand an oath to every circumstance,
		
01:09:38 --> 01:09:41
			every scenario and dispute between humans or not?
		
01:09:41 --> 01:09:43
			So he gave different opinions over here.
		
01:09:43 --> 01:09:45
			And the second one in regards to the
		
01:09:45 --> 01:09:46
			rights of Allah subhanahu wa ta'ala, he
		
01:09:46 --> 01:09:47
			says, as for the rights of Allah.
		
01:10:05 --> 01:10:07
			He said that if he is suspect, then
		
01:10:07 --> 01:10:09
			he is required to swear an oath.
		
01:10:09 --> 01:10:11
			It is similarly narrated of a Shafi'i
		
01:10:11 --> 01:10:14
			with respect to someone who marries someone whom
		
01:10:14 --> 01:10:15
			it is not permissible for him to marry
		
01:10:15 --> 01:10:18
			and then later claim ignorance that he must
		
01:10:18 --> 01:10:19
			be made to swear an oath in support
		
01:10:19 --> 01:10:20
			of his claim.
		
01:10:20 --> 01:10:22
			So basically the summary of what he is
		
01:10:22 --> 01:10:24
			saying here, in the huqooq of Allah subhanahu
		
01:10:24 --> 01:10:26
			wa ta'ala, some they say, no, there
		
01:10:26 --> 01:10:27
			is no oath over here.
		
01:10:28 --> 01:10:30
			Because that's in regards to Allah subhanahu wa
		
01:10:30 --> 01:10:31
			ta'ala between you and Allah azza wa
		
01:10:31 --> 01:10:31
			jalla.
		
01:10:32 --> 01:10:33
			Some ulama they say, well, it depends.
		
01:10:33 --> 01:10:36
			But in certain circumstances, such as, for example,
		
01:10:36 --> 01:10:40
			dispute over marriage or zakah or other circumstances.
		
01:10:40 --> 01:10:41
			So just a summary of this.
		
01:10:42 --> 01:10:43
			Like I said, this is a very technical
		
01:10:43 --> 01:10:43
			hadith.
		
01:10:44 --> 01:10:45
			And if you would like, insha'Allah ta
		
01:10:45 --> 01:10:47
			'ala, go and read the discussion on your
		
01:10:47 --> 01:10:47
			own.
		
01:10:48 --> 01:10:50
			And I hope insha'Allah this explanation will
		
01:10:50 --> 01:10:52
			give you an idea on how to understand
		
01:10:52 --> 01:10:53
			when you read it on your own.
		
01:10:53 --> 01:10:54
			If you need any help with that, you
		
01:10:54 --> 01:10:55
			can come back to us.
		
01:10:55 --> 01:10:57
			Next week, insha'Allah, we are going to
		
01:10:57 --> 01:10:59
			be moving to the next hadith b.a
		
01:10:59 --> 01:11:00
			.w. Wallahu ta'ala ala.
		
01:11:01 --> 01:11:02
			Let's go to the questions, insha'Allah.
		
01:11:26 --> 01:11:28
			It's an interesting question.
		
01:11:29 --> 01:11:31
			So I had to go to court and
		
01:11:31 --> 01:11:33
			I made a mistake in reporting my income.
		
01:11:35 --> 01:11:37
			So the court took away my filing fee.
		
01:11:39 --> 01:11:42
			Should I donate that amount of the fee
		
01:11:42 --> 01:11:43
			back to the city?
		
01:11:44 --> 01:11:44
			It's up to you.
		
01:11:45 --> 01:11:47
			I'll leave that for you, insha'Allah ta
		
01:11:47 --> 01:11:47
			'ala.
		
01:11:48 --> 01:11:49
			Any other questions, jama'ah?
		
01:11:49 --> 01:11:52
			Because I didn't see any questions except for
		
01:11:52 --> 01:11:52
			this one.
		
01:11:56 --> 01:11:59
			Since we're talking about these issues of plaintive
		
01:11:59 --> 01:12:00
			and evidence, I need to bring to your
		
01:12:00 --> 01:12:03
			attention what has been, of course, circulating already
		
01:12:03 --> 01:12:06
			on social media, also on WhatsApp group in
		
01:12:06 --> 01:12:10
			regard to the case against one of the
		
01:12:10 --> 01:12:14
			known famous instructors of the Qur'an, which
		
01:12:14 --> 01:12:18
			unfortunately came out to have violated, of course,
		
01:12:19 --> 01:12:21
			the trust of the people he's been dealing
		
01:12:21 --> 01:12:24
			with, and the trust and the amanah has
		
01:12:24 --> 01:12:29
			been given, unfortunately, with a very horrible accusation
		
01:12:29 --> 01:12:34
			of sexual misconduct and abuse involving a minor
		
01:12:34 --> 01:12:36
			according to the indictment.
		
01:12:37 --> 01:12:40
			So definitely as religious leaders in the community,
		
01:12:40 --> 01:12:41
			we're very distraught because of that.
		
01:12:42 --> 01:12:45
			Definitely we condemn that with the strongest condemnation.
		
01:12:46 --> 01:12:50
			Exploitation of your position as a spiritual leader,
		
01:12:50 --> 01:12:52
			whether it's an imam, or a Qur'an
		
01:12:52 --> 01:12:55
			teacher, or whatever that is, or taking advantage,
		
01:12:55 --> 01:12:57
			of course, of the people around you.
		
01:12:58 --> 01:12:59
			This, of course, it's a horrible thing.
		
01:12:59 --> 01:13:00
			May Allah help us.
		
01:13:01 --> 01:13:05
			And it should be mentioned that as a
		
01:13:05 --> 01:13:08
			community, we need to commit ourselves to justice,
		
01:13:09 --> 01:13:11
			making sure no one is above justice.
		
01:13:12 --> 01:13:15
			And here in this situation, if that accusation
		
01:13:15 --> 01:13:18
			has its proof and evidence, which according to
		
01:13:18 --> 01:13:22
			the indictment, there are actually proofs and evidences,
		
01:13:22 --> 01:13:24
			as we've been explaining here, subhanAllah.
		
01:13:24 --> 01:13:27
			So it really makes us feel disheartened by
		
01:13:27 --> 01:13:29
			this circumstances.
		
01:13:30 --> 01:13:32
			But definitely our commitment is always for justice
		
01:13:32 --> 01:13:35
			and protecting our brothers and sisters in our
		
01:13:35 --> 01:13:36
			community, and ourselves as well too.
		
01:13:37 --> 01:13:39
			Alhamdulillah rabbil alameen, the deen of Allah subhanahu
		
01:13:39 --> 01:13:40
			wa ta'ala doesn't depend on people.
		
01:13:41 --> 01:13:43
			And I hope that people can focus on
		
01:13:43 --> 01:13:45
			their iman in this crisis.
		
01:13:45 --> 01:13:46
			And even the most righteous society, at the
		
01:13:46 --> 01:13:48
			time of the Prophet salallahu alaihi wa sallam,
		
01:13:48 --> 01:13:49
			they had to go through some of these
		
01:13:49 --> 01:13:50
			accusations.
		
01:13:51 --> 01:13:54
			And some people, they failed really in these
		
01:13:54 --> 01:13:54
			tests.
		
01:13:55 --> 01:13:56
			So may Allah subhanahu wa ta'ala keep
		
01:13:56 --> 01:13:57
			us all firm in our iman, rabbil alameen.
		
01:13:58 --> 01:13:59
			Really, I believe that right now, we need
		
01:13:59 --> 01:14:03
			to focus on protecting the community, and protecting
		
01:14:03 --> 01:14:05
			the victims, and understanding that it's our duty
		
01:14:05 --> 01:14:07
			to one another to have an amr ma
		
01:14:07 --> 01:14:08
			'ruf wa na'an al munkar.
		
01:14:08 --> 01:14:09
			It's very important for us to have that,
		
01:14:10 --> 01:14:10
			inshallah wa azza wa jal.
		
01:14:12 --> 01:14:14
			And I really want you to understand and
		
01:14:14 --> 01:14:15
			know that if there's anybody out there that
		
01:14:15 --> 01:14:20
			you know is suffering from this, or being
		
01:14:20 --> 01:14:23
			unfortunately affected by these announcements, we're here to
		
01:14:23 --> 01:14:23
			help.
		
01:14:24 --> 01:14:25
			So we need to talk about these issues,
		
01:14:25 --> 01:14:27
			inshallah wa ta'ala, and make it very
		
01:14:27 --> 01:14:27
			clear.
		
01:14:27 --> 01:14:28
			And may Allah subhanahu wa ta'ala protect
		
01:14:28 --> 01:14:31
			us, all rabbil alameen, and bring justice to
		
01:14:31 --> 01:14:32
			these victims.
		
01:14:32 --> 01:14:34
			And may Allah subhanahu wa ta'ala keep
		
01:14:34 --> 01:14:36
			us firm in our iman, and always stand
		
01:14:36 --> 01:14:37
			for that which is right.
		
01:14:37 --> 01:14:38
			Wallahu ta'ala alam.
		
01:14:39 --> 01:14:40
			Khair, inshallah wa ta'ala.
		
01:14:40 --> 01:14:41
			Subhanaka, Allahumma bihamdik.
		
01:14:41 --> 01:14:44
			Ashara lala ant, astaghfiruka wa atubu ilayka.
		
01:14:44 --> 01:14:45
			Assalamualaikum warahmatullahi wabarakatuhu.