Yaser Birjas – Taseel Class 62 – 8th Nov 2024

Yaser Birjas
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AI: Summary ©

The speakers stress the importance of avoiding bad behavior and protecting one's ego, as well as establishing justice for claims. They also discuss the need for proper legal proceedings and establishing justice for claims. The conversation touches on the use of honorary marks and the importance of honorary marks in court cases. The need for proper legal proceedings and affirming the oath is emphasized, along with the need for proper legal proceedings for a court case against famous thirteenth century thirteenth century thirteenth.

AI: Summary ©

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			Forgive and move on as much as we
		
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			can, of course.
		
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			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.
		
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			Now Know that this forsaking of a person
		
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			mentioned above is concerning worldly issues as for
		
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			the rights of religion the forsaking of of
		
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			the people of innovation and The people of
		
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			brain desires Hawa and the people disobedient It
		
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			should 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,
		
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			one's aqeedah, one's practice and belief in Allah
		
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			subhanahu wa'ta'ala So those people as long
		
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			as they're insistent on their aqeedah They're insistent
		
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			on their bid'ah and they're insistent on
		
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			even calling to it You should avoid them.
		
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			You should advise them first and if they
		
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			insist, just stay away from them If you
		
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			can guide them then stay with them But
		
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			if there's gonna hurt you, just stay away
		
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			from them He says those people if they
		
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			show raj'ah, if they show tawbah, if
		
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			they repent, if they're looking for reconciling Then
		
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			you reach out to them But if they
		
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			insist and they keep calling for this bid
		
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			'ah, then stay away from them That also
		
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			includes people who have ma'asi, that are
		
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			very prominent public ma'asi, that they're Public
		
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			with it and they invite others to it
		
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			and can be dangerous to the average person
		
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			Also, you give them basically that kind of
		
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			Separation, stay away from them.
		
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			Wallahu'alam.
		
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			Part of the rights of a Muslim are
		
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			that a Muslim should help and do any
		
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			good that he's able to do for other
		
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			Muslims And you should not go into any
		
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			Muslim's house except after getting permission from the
		
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			owner of the house to enter Now, so
		
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			what he says here is that look part
		
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			of the rights We owe each other is
		
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			be there for your brothers and sisters whenever
		
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			there is a need Someone comes to you
		
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			asking for help with their car, with their
		
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			child, with their spouse, with money Whatever that
		
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			is as long if you can, if you
		
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			can afford Then you should assist and help,
		
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			like be there for the service of other
		
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			because the Prophet sallallahu alaihi wa sallam says
		
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			قَالَ أَحَبُّ النَّاسِ إِلَى اللَّهِ أَنْفَعُهُمْ لِلنَّاسِ The
		
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			most beloved people to Allah, he says those
		
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			who are beneficial to others Those are beneficial
		
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			to others.
		
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			Now, he didn't say those who do tahajjud
		
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			and fast all those Mondays and Thursdays No,
		
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			he says, أَنْفَعُهُمْ لِلنَّاسِ, those most beneficial to
		
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			others.
		
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			May Allah make them among you, O Lord
		
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			of the worlds So you try to be
		
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			beneficial to them inshallah wa ta'ala.
		
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			One of the etiquette as well is you
		
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			don't enter someone's house without permission This culture
		
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			over here is weird, the jamaat And in
		
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			the non-muslim culture sometimes people just, you
		
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			know, open the doors and go through and
		
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			don't know, no questions They come into the
		
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			backyard, mashallah, all of a sudden they're on
		
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			the porch You know in front of you
		
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			or it's just so weird and they open
		
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			the doors are calling you and they open
		
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			the door They get into the house No,
		
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			for a Muslim, even if this person is
		
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			your, is your relative, even this person is
		
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			your friend You can't just open the door
		
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			and go through unless you have been given
		
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			Pre-permission for that.
		
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			Like what?
		
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			There's a, there's a, for example a sign
		
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			at the door Hey, please move to the
		
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			backyard, for example, enter freely to the backyard,
		
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			open the door and just please come on
		
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			in If they give you that permission, then
		
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			it's okay Now how many times should you
		
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			seek permission to enter the house?
		
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			Three times Haytham Nabi sallallahu alayhi wa sallam.
		
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			One time, second time, third time.
		
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			And if there is no response, what do
		
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			you do?
		
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			Just leave Don't keep knocking and ringing the
		
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			bells and calling and texting Yeah, hey, maybe
		
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			they don't want to chew in in that
		
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			moment.
		
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			Now people that they think three times per,
		
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			you know Yeah, in a way or method.
		
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			So three rings, three knocks, three calls No,
		
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			no, no, three times.
		
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			If they're not opening, then go Unless, unless
		
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			what, Jemaah?
		
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			There's an appointment So they're expecting you, right?
		
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			They expect you to come at five o
		
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			'clock, for example So now you came at
		
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			five o'clock.
		
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			You knock on the door first time, second
		
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			time, third time They're not actually responding.
		
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			In this case, can you call?
		
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			Yes Let them know, hey, I'm outside the
		
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			door.
		
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			What do I do?
		
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			It's because they expect you to be there
		
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			But are you allowed, if they're not responding,
		
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			are you allowed to start sneaking into the
		
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			windows and looking through the door and the
		
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			cracks?
		
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			Absolutely not.
		
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			Unless, of course, you have permission to do
		
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			that You're suspecting something foul or something else.
		
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			So in this case With the intention of
		
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			helping otherwise, keeping their privacy Other rights of
		
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			the Muslims are that a Muslim should behave
		
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			decently towards people and that is by dealing
		
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			with each other With each person in a
		
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			manner that befits them this is because the
		
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			person who talks with an ignorant person about
		
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			scholarship, an idle person about rulings, and a
		
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			foolish person with elucidation will harm you and
		
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			harm others So this is an interesting thing
		
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			over here.
		
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			I want to explain it because the translation
		
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			does not give it its haqq He says
		
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			you need to deal with people based on
		
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			their standards As it is said, address people
		
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			with what they understand.
		
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			Do you like to lie to Allah and
		
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			His Messenger?
		
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			When you speak to people, speak to their
		
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			understanding Are you gonna say a thing to
		
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			them that as a result they will probably
		
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			maybe deny Allah's commandments?
		
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			because sometimes we might say things in fiqh
		
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			and akhlaq and aqidah that people are not
		
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			familiar with and As a result, they deny
		
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			the Quran and the Sunnah probably.
		
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			So he gives an example So therefore he
		
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			says if you're gonna be dealing with someone
		
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			who is jahil Someone who is not known
		
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			to be a knowledgeable person.
		
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			Don't start kind of like flexing your ilm
		
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			on this person Don't talk to them about
		
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			ilm that they have no understanding of.
		
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			Also he says qal wallahi bil fiqh Someone
		
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			who is not really serious They start teaching
		
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			them fiqh and qawadi fiqh and all the
		
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			kind of stuff and so on.
		
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			That's not their thing qal walghabi bil bayan
		
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			someone who's not An idiot basically and when
		
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			you speak to them you speak to them
		
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			with mashallah and with eloquence of speech And
		
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			also he says qal fa inna hadha idha
		
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			fa'altahu adha wa ta'adha You're gonna
		
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			harm them and they're gonna harm you Because
		
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			if you're gonna argue with the ignorant what
		
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			happens?
		
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			He'll defeat you Because the ignorant doesn't have
		
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			rules.
		
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			You are bound by the rules of ilm
		
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			I mean I can't reuse these evidences, proofs
		
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			in this context for example because it's not.
		
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			The rule doesn't allow me to do that
		
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			But some people who have no Respect to
		
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			these rules, what do they do?
		
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			They bounce and jump you know between statements
		
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			and and they have no respect to these
		
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			rules.
		
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			So be careful when you talk to people
		
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			Don't try to flex your ilm and your
		
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			fiqh and your understanding with someone who's not
		
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			at the same level or at least close
		
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			to that More rights of a Muslim are
		
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			that he should respect the elderly and show
		
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			mercy to the youngsters He should display a
		
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			smiling countenance to everyone and he should be
		
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			gentle with all people He should fulfill his
		
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			promises, be just to people and treat them
		
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			and treat them as if He himself would
		
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			like to be treated So he says over
		
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			here and some of the etiquette is to
		
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			make sure that you respect the elders And
		
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			that's what the Prophet sallallahu alayhi wa sallam
		
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			said to us and have mercy and compassion
		
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			to the younger ones Kama qala nabi sallallahu
		
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			alayhi wa sallam laisa minna man lam yarham
		
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			sagheerana wa ya'arif sharafa kabeerina It's not
		
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			a true believer Someone who does not honor
		
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			our elders or show mercy and compassion to
		
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			the youngsters So that's part of the etiquette
		
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			of the believers Qal wan yakuna ma'al
		
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			khalqi talqa al-lisan, aw talqa al-wajhi,
		
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			a tariqa al-wajhi With the people overall
		
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			you're always cheerful.
		
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			That's what it means He says over here.
		
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			He should be gentle with all people, but
		
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			actually the Arabic text says Kana talqa al
		
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			-wajhi raqeeqa Cheerful, you're always cheerful smiling and
		
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			of course gentle with the people Because that
		
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			was the etiquette of the Prophet sallallahu alayhi
		
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			wa sallam Kana Rasoolallah sallallahu alayhi wa sallam
		
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			da'imat tabassum.
		
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			He always smiles sallallahu alayhi wa sallam So
		
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			he's always cheerful because we know that you
		
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			know emotions are contagious, right?
		
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			And if you are if you show if
		
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			you smile in other people's face, what happens?
		
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			They smile natural, but if you show Yeah,
		
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			you kind of like You grumpy in their
		
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			face They will reflect and of course reply
		
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			with the same feelings probably and the same
		
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			attitude So it's it's important that you you
		
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			spread joy among the people Qal wa yafilahum
		
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			bil wa'id If you promise, fulfill your
		
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			promise as much as you can and yunsifan
		
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			nasa min nafsihi Which means be fair with
		
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			the people Even if it was against yourself
		
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			Even if it was against you, you made
		
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			the mistake, admit it Admit it, don't let
		
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			your ego come between you and standing for
		
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			the truth Don't let your ego come between
		
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			on that because that's the most dangerous thing
		
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			Qal wala ya'ti ilayhim illa may yuhibban yu'ta
		
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			ilayh Don't bring to the people anything unless
		
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			you'd like this to be done to you
		
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			as well Al-Hassan said Allah revealed four
		
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			things to Adam And he said These things
		
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			are the basis of all things for you
		
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			and your children One of which is for
		
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			me.
		
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			Another one is for you One is between
		
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			me and you and the other is between
		
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			you and the people As for the thing
		
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			that is for me, it is that you
		
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			must worship me Worship me alone And and
		
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			not associate anything in worship with me The
		
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			thing that is for that is for you
		
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			Is that I will reward you for your
		
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			deeds When you are most in need of
		
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			the reward The thing that is between me
		
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			and you is that you should supplicate to
		
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			me and I will answer your supplications As
		
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			for the thing which is between you and
		
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			the people It is that you should treat
		
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			them As you would like them to treat
		
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			you.
		
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			So he brought this actually this uh narration
		
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			from al-hassan al-basri And it's not
		
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			a hadith by the way.
		
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			That's not a hadith.
		
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			It seems to be from the israeliyat Uh
		
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			the last statement that how you deal with
		
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			the people you treat them the way you
		
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			love to be treated the last two paragraphs
		
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			Yes More rights More rights are that there
		
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			should be additional Respect for people of status
		
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			and settle the disputes between people and bring
		
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			them into harmony So what now and hide
		
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			the faults of the muslims.
		
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			So this is something is interesting.
		
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			He said That Taught us this When you
		
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			deal with people make sure that you give
		
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			them the respect and the reverence that they
		
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			deserve You're not going to treat an elderly
		
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			like a youngster.
		
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			You're not going to treat a alim like
		
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			a jahal You're not going to treat someone
		
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			who's known to be noble with someone who
		
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			is an average so Treat the people Based
		
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			on their status, of course as long as
		
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			that is not considered showing Arrogance on their
		
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			part or even they expect that from you
		
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			in that fashion, but that's part of the
		
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			adab That's part of the adab So when
		
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			you see the elderly in the masjid you
		
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			treat them accordingly And the same thing when
		
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			you see somebody who's a special for example
		
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			status you give them the respect that they
		
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			deserve and he says and part of the
		
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			The right that you have for your brothers
		
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			and sisters is that you And when you
		
00:11:47 --> 00:11:52
			see people are Disputing or causing a rift
		
00:11:52 --> 00:11:54
			between them whether it's for their spouse or
		
00:11:54 --> 00:11:56
			family members It's your duty as much as
		
00:11:56 --> 00:11:58
			you can Of course, if you can to
		
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			bring them back together and in the process
		
00:12:01 --> 00:12:03
			also to conceal the aurat of the muslimin
		
00:12:04 --> 00:12:06
			Unfortunately, we live in a society that was
		
00:12:06 --> 00:12:07
			that does what?
		
00:12:08 --> 00:12:11
			Goes after the aurat of the muslimin like
		
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			you follow the faults of other people, unfortunately
		
00:12:14 --> 00:12:17
			That's what the internet is all about When
		
00:12:17 --> 00:12:18
			people make mistakes or faults and so on
		
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			it's just all over the place And the
		
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			asal fil ummah a setter that actually we
		
00:12:23 --> 00:12:25
			conceal that there's a big difference between someone
		
00:12:25 --> 00:12:28
			commits a crime And someone of course commits
		
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			a sin A crime is a crime and
		
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			part of the deen of allah subhanahu wa
		
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			ta'ala when he punished people publicly so
		
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			that they're exposed and People know what's what
		
00:12:37 --> 00:12:40
			happens But a private sin someone had, you
		
00:12:40 --> 00:12:42
			know something between them and allah subhanahu wa
		
00:12:42 --> 00:12:42
			ta'ala privately.
		
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			We should not really expose anybody for that
		
00:12:45 --> 00:12:50
			Sheikh al samitim rahim allah Some people just
		
00:12:50 --> 00:12:53
			like flies they only go and they fall
		
00:12:53 --> 00:12:56
			on on the wound Like just where it
		
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			hurts and they only follow the filth basically
		
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			So some people like that so part of
		
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			the believers are the opposite if there is
		
00:13:03 --> 00:13:05
			a way to conceal the fault of others
		
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			Then that's the standard and again, we're talking
		
00:13:08 --> 00:13:13
			about sins Faults errors that they've done against
		
00:13:13 --> 00:13:16
			their own selves Crimes, that's a different story
		
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			and that's with the subject that we're going
		
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			to be discussing inshallah In the next hadith.
		
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			We'll stop here.
		
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			Inshallah.
		
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			We'll continue the discussion next week for this
		
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			one So
		
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			in the book of imam ibn rajab we're
		
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			studying right now hadith number 33 I'm going
		
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			to give a disclaimer right now This hadith
		
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			might be one of the most complicated that
		
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			you're going to be studying here Why is
		
00:14:17 --> 00:14:20
			that because it's very very very technical It's
		
00:14:20 --> 00:14:20
			very technical.
		
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			It is used as one of those codes
		
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			of law Code of law, you know when
		
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			just like in any of course in any
		
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			any Judiciary system there are specific codes that's
		
00:14:32 --> 00:14:34
			concerned codes of law And these are the
		
00:14:34 --> 00:14:38
			phrases are used In order to establish law
		
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			and order And this hadith that we're having
		
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			over here is one of these hadith And
		
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			it is exclusively speaks about What does that
		
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			mean here translation they say that the claimant
		
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			and the counter claimant In court system, what
		
00:14:55 --> 00:14:57
			do you call claimant and counter claimant?
		
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			No, no plaintiff and defendant So the claimant
		
00:15:05 --> 00:15:08
			is the plaintiff over here and the counter
		
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			claimant is actually Is the defendant?
		
00:15:11 --> 00:15:13
			So i'm going to be using the words
		
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			defendant and plaintiff.
		
00:15:14 --> 00:15:15
			So at least we understand them properly here
		
00:15:16 --> 00:15:18
			Because the the words are mentioned here claimant
		
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			and counter claimant basically literal translation to the
		
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			word So this hadith speaks about something technical
		
00:15:27 --> 00:15:30
			in regard to the judiciary system And the
		
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			law and order which is why we're probably
		
00:15:32 --> 00:15:34
			going to be skipping a lot of these
		
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			paragraphs because it's actually very technical Inshallah, just
		
00:15:37 --> 00:15:38
			explaining what the hadith is going to be
		
00:15:38 --> 00:15:42
			about So the hadith number 33 Go ahead
		
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			Foreign Actually
		
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			the arabic text is So here they say
		
00:16:21 --> 00:16:28
			Translation Said if people were to be given
		
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			according to what they claim People's property and
		
00:16:32 --> 00:16:35
			lives what corroborative testimony is required of a
		
00:16:35 --> 00:16:36
			claimant and an oath is the right of
		
00:16:36 --> 00:16:39
			the one who denies the claim So the
		
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			hadith the professor says If people are be
		
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			given For whatever they tell like if someone
		
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			comes to claim something and you're going to
		
00:16:48 --> 00:16:51
			immediately give them what they claim Then people
		
00:16:51 --> 00:16:53
			they're going to abuse that system and they'll
		
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			abuse each other People decide going after each
		
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			other's Wealth and money and also even hurting
		
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			each other, you know claiming They owe you
		
00:17:04 --> 00:17:07
			in terms of blood money So that's where
		
00:17:07 --> 00:17:09
			the rule is the last two statements of
		
00:17:09 --> 00:17:13
			the hadith are where the The code of
		
00:17:13 --> 00:17:22
			law was mentioned Which means That the one
		
00:17:22 --> 00:17:24
			who is in this case claimant meaning the
		
00:17:24 --> 00:17:26
			plaintiff is obligated to do what?
		
00:17:26 --> 00:17:32
			To provide the evidence Over here it means
		
00:17:32 --> 00:17:36
			actually the proof and the evidence And the
		
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			one who is Is considered the defendant right
		
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			now if they deny that claim then how
		
00:17:42 --> 00:17:44
			can they get themselves free from this?
		
00:17:45 --> 00:17:48
			by swearing an oath So we're going to
		
00:17:48 --> 00:17:50
			explain that quickly inshallah for you so that
		
00:17:50 --> 00:17:52
			when we talk about the hadith inshallah We
		
00:17:52 --> 00:17:54
			will understand what does that what does that
		
00:17:54 --> 00:17:54
			mean?
		
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			So the hadith here has specific points.
		
00:17:57 --> 00:18:02
			The first point is to understand that That
		
00:18:02 --> 00:18:04
			usually of course in any in any case
		
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			you have two people or two groups or
		
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			two entities One is the claim is the
		
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			plaintiff and those are in this case.
		
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			These are the claimants And in order to
		
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			make a case against somebody what do you
		
00:18:16 --> 00:18:16
			need to do?
		
00:18:17 --> 00:18:20
			You can make a case right anyone can
		
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			make a case against anybody these days even
		
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			nowadays in america Mashallah, you go to a
		
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			restaurant.
		
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			You can sue them because the food was
		
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			too cold too hot any claim But in
		
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			order for these claims to be to be
		
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			valid.
		
00:18:33 --> 00:18:35
			What do we need to bring?
		
00:18:35 --> 00:18:38
			You bring the evidence and the proof What
		
00:18:38 --> 00:18:41
			type of proof we you need so the
		
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			ulama they of course elaborate on that in
		
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			details But some of these proofs is shahood,
		
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			which means witnesses Some of the bayna which
		
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			means that the evidence should be also al
		
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			-iqrar which means the defendant admits If they
		
00:18:55 --> 00:18:58
			admit that's a proof as well, too And
		
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			then the third one is what they call
		
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			them factual or circumstantial evidences in the arabic
		
00:19:03 --> 00:19:08
			language These are not solid evidences But these
		
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			are some sort of like circumstantial proofs or
		
00:19:11 --> 00:19:13
			evidences by which you can make a case
		
00:19:13 --> 00:19:16
			a solid case against How far or what
		
00:19:16 --> 00:19:18
			is exactly is acceptable in the court of
		
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			law islamically in regard to these matters So
		
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			that's something he's going to be speaking about
		
00:19:21 --> 00:19:26
			inshallah later and the second part is The
		
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			al-yameen which means you ask the defendant
		
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			to swear to give an oath to deny
		
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			that claim When we need require the yameen
		
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			from the defendant or the oath from the
		
00:19:37 --> 00:19:40
			defendant if there is no proof or evidence
		
00:19:41 --> 00:19:43
			from the claimants in this case So if
		
00:19:43 --> 00:19:45
			the plaintiff have the proof and the proof
		
00:19:45 --> 00:19:48
			is absolutely solid like a video for example
		
00:19:48 --> 00:19:51
			recording or something like that is considered Solid
		
00:19:51 --> 00:19:53
			and there's no manipulation of that and they're
		
00:19:53 --> 00:19:55
			proven to be of course forensic any Evidence
		
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			is proven to be authentic in this case.
		
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			We have a proof You have people who
		
00:20:00 --> 00:20:01
			saw you and they give testimony.
		
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			So we have a proof So in this
		
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			case the yameen of the defendant is null
		
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			Are we clear jamal?
		
00:20:09 --> 00:20:11
			So when do we need demand the yameen
		
00:20:11 --> 00:20:12
			or the oath from the defendant?
		
00:20:13 --> 00:20:15
			When there's no proof from the claimants here
		
00:20:16 --> 00:20:17
			So he could set himself.
		
00:20:17 --> 00:20:18
			He said I swear that's not true.
		
00:20:19 --> 00:20:23
			He said okay We're done dismissed So that's
		
00:20:23 --> 00:20:25
			the two major points in this hadith over
		
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			here.
		
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			And what's the purpose of that?
		
00:20:27 --> 00:20:29
			The purpose of that obviously is to establish
		
00:20:29 --> 00:20:32
			justice Establish justice so that people don't abuse
		
00:20:32 --> 00:20:34
			each other's hukook and rights and just claim
		
00:20:34 --> 00:20:37
			anything they want to claim And also, of
		
00:20:37 --> 00:20:41
			course, I mean protecting people people's rights Whether
		
00:20:41 --> 00:20:45
			it's dunya rights or even akhira rights as
		
00:20:45 --> 00:20:47
			well And of course this hadith subhanallah.
		
00:20:47 --> 00:20:49
			It helps us in many different ways Of
		
00:20:49 --> 00:20:52
			course nowadays the court system is much more
		
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			complicated not like it used to before Before
		
00:20:54 --> 00:20:56
			of course people they have righteousness and taqwa.
		
00:20:57 --> 00:20:59
			So when you tell somebody swear by allah,
		
00:20:59 --> 00:21:02
			they start shivering Today you say to somebody
		
00:21:02 --> 00:21:06
			swear by allah Said alhamdulillah And then we
		
00:21:06 --> 00:21:11
			have Yeah, and it's it's it's like a
		
00:21:11 --> 00:21:13
			joke but a proverb in in the culture
		
00:21:13 --> 00:21:15
			When they tell the harami which means the
		
00:21:15 --> 00:21:21
			thief They tell the harami the thief they
		
00:21:21 --> 00:21:23
			told him you're gonna you're gonna swear an
		
00:21:23 --> 00:21:24
			oath He goes like alhamdulillah.
		
00:21:25 --> 00:21:27
			We're good then Like if it's a matter
		
00:21:27 --> 00:21:29
			of just giving an oath, we're good then
		
00:21:30 --> 00:21:37
			But it's dangerous because hadith Whoever swears an
		
00:21:37 --> 00:21:43
			oath Because of that oath he receives or
		
00:21:43 --> 00:21:46
			he she receives money or property or wealth
		
00:21:46 --> 00:21:48
			that is not theirs That is not there
		
00:21:48 --> 00:21:50
			and they know it's not theirs But using
		
00:21:50 --> 00:21:52
			the name of allah subhan to confirm that
		
00:21:52 --> 00:21:59
			or to claim it Fajr This person will
		
00:21:59 --> 00:22:01
			see allah subhana day of judgment and allah
		
00:22:01 --> 00:22:03
			will will be will be angry with them
		
00:22:03 --> 00:22:05
			You can imagine the wrath of allah subhanahu
		
00:22:05 --> 00:22:07
			wa ta'ala on someone like that So
		
00:22:07 --> 00:22:09
			that's something that we need to make sure
		
00:22:09 --> 00:22:12
			that we understand the the severity of an
		
00:22:12 --> 00:22:13
			oath It's not like it's easy to claim
		
00:22:13 --> 00:22:13
			it.
		
00:22:13 --> 00:22:16
			No, it's a very dangerous thing And also
		
00:22:16 --> 00:22:18
			we need to make sure that we understand
		
00:22:18 --> 00:22:21
			When it comes to Al-qada the judge
		
00:22:21 --> 00:22:24
			the judge who's going to be now demanding
		
00:22:24 --> 00:22:26
			the proof from the from the plaintiff and
		
00:22:26 --> 00:22:30
			the oath from the uh, the defendant The
		
00:22:30 --> 00:22:33
			judge is a human being And he or
		
00:22:33 --> 00:22:35
			he is going to be ruling based on
		
00:22:35 --> 00:22:35
			what?
		
00:22:36 --> 00:22:38
			The proofs and evidence that you have so
		
00:22:38 --> 00:22:42
			the prophet which was mentioned in muslim Sallallahu
		
00:22:42 --> 00:22:44
			alaihi wa sallam I am only a human
		
00:22:44 --> 00:22:48
			being You come and you bring your claims
		
00:22:48 --> 00:22:54
			to me Some of you might be more
		
00:22:54 --> 00:22:56
			eloquent than others when the way they speak
		
00:22:57 --> 00:23:01
			So they can present their case much better
		
00:23:01 --> 00:23:06
			way than the other person I will rule
		
00:23:06 --> 00:23:08
			based on what I hear And he said
		
00:23:11 --> 00:23:14
			If I rule for you the right that
		
00:23:14 --> 00:23:19
			you know is not yours I'm giving you
		
00:23:19 --> 00:23:24
			a piece of fire You take it if
		
00:23:24 --> 00:23:28
			you want to Or leave it So as
		
00:23:28 --> 00:23:30
			a judge when we say al-bayyinah proof
		
00:23:30 --> 00:23:34
			versus oath Your job is only just to
		
00:23:34 --> 00:23:36
			moderate that to the best of your ability
		
00:23:36 --> 00:23:38
			at the end of the day Allah is
		
00:23:38 --> 00:23:41
			the ultimate judge subhanahu wa ta'ala.
		
00:23:41 --> 00:23:43
			So that's very important for us to understand
		
00:23:43 --> 00:23:45
			inshallah I want just to make this hadith
		
00:23:45 --> 00:23:47
			clear to us before we go into the
		
00:23:47 --> 00:23:50
			details Because again, like I said, it's very
		
00:23:50 --> 00:23:50
			technical.
		
00:23:51 --> 00:23:52
			So inshallah, we'll see how it goes.
		
00:23:52 --> 00:23:55
			Bismillah We're gonna go from what it says
		
00:23:55 --> 00:23:57
			the wording which is sheikh has has chosen
		
00:23:58 --> 00:24:01
			The wording which the sheikh has chosen is
		
00:24:01 --> 00:24:02
			that which who's the sheikh he's talking about
		
00:24:02 --> 00:24:06
			over here Imam al-nawi that he chose
		
00:24:06 --> 00:24:10
			on this hadith now The wording which the
		
00:24:10 --> 00:24:12
			sheikh has chosen is that which ibn al
		
00:24:12 --> 00:24:16
			-salah chose before him in the Universal hadith
		
00:24:16 --> 00:24:19
			and he said al-bayhaqi narrated it with
		
00:24:19 --> 00:24:21
			a good chain of transmission So what he
		
00:24:21 --> 00:24:23
			says here is that the same hadith that
		
00:24:23 --> 00:24:25
			we have already mentioned up there has multiple
		
00:24:25 --> 00:24:28
			versions So the some of the versions are
		
00:24:34 --> 00:24:36
			Which means and the oath is a responsibility
		
00:24:36 --> 00:24:40
			of the counter claimant But this narration he
		
00:24:40 --> 00:24:45
			chose he chose And the oath is a
		
00:24:45 --> 00:24:49
			responsibility who denies So it's not who's the
		
00:24:49 --> 00:24:50
			counter claimant.
		
00:24:50 --> 00:24:52
			No, he says who denies denies meaning the
		
00:24:52 --> 00:24:55
			claim that was mentioned earlier he says he
		
00:24:55 --> 00:24:58
			chose this why because these are That was
		
00:24:58 --> 00:24:59
			the choice of imam ibn al-salah I
		
00:24:59 --> 00:25:02
			don't know at least imam al-salah actually
		
00:25:02 --> 00:25:05
			he chose this hadith Or that version he
		
00:25:05 --> 00:25:07
			said because it's from the ahadith al-kulliyat.
		
00:25:07 --> 00:25:10
			What's the meaning of saying al-hadith al
		
00:25:10 --> 00:25:10
			-kulliyat?
		
00:25:11 --> 00:25:15
			Here they chose that translation universal hadith But
		
00:25:15 --> 00:25:17
			ahadith al-kulliyah if you remember we talked
		
00:25:17 --> 00:25:19
			about al-qawa'id al-kulliyah the maxims
		
00:25:19 --> 00:25:20
			governing islamic law.
		
00:25:20 --> 00:25:24
			These are comprehensive universal laws So he says
		
00:25:24 --> 00:25:28
			these hadith has universal rules Universal rules, which
		
00:25:28 --> 00:25:31
			means very comprehensive rules and very concise rules
		
00:25:31 --> 00:25:34
			So by themselves they can be a code
		
00:25:34 --> 00:25:36
			of law And we learned that from last
		
00:25:36 --> 00:25:37
			last week.
		
00:25:37 --> 00:25:38
			If you remember the hadith jamal, what was
		
00:25:38 --> 00:25:39
			our hadith last week?
		
00:25:39 --> 00:25:40
			Remember?
		
00:25:42 --> 00:25:45
			Which means you should actually not don't cause
		
00:25:45 --> 00:25:46
			harm and don't be the cause of harm
		
00:25:47 --> 00:25:50
			So these rules also considered Hadith al-kulliyat
		
00:25:50 --> 00:25:52
			and ibn al-salah rahimahu allahu ta'ala.
		
00:25:52 --> 00:25:54
			He was one of the mu'allama al
		
00:25:54 --> 00:26:00
			-hadith Who died in the year 643 hijri,
		
00:26:00 --> 00:26:04
			that's around 1245 In the christian era and
		
00:26:04 --> 00:26:07
			he was the first person who produced this
		
00:26:07 --> 00:26:11
			terminology or this phrase Saying ahadith al-kulliyah
		
00:26:12 --> 00:26:13
			So just to give an idea What does
		
00:26:13 --> 00:26:15
			it mean to say hadith al-kulliyat universal
		
00:26:15 --> 00:26:15
			ahadith?
		
00:26:16 --> 00:26:19
			The specific ahadith has fixed phrases that be
		
00:26:19 --> 00:26:23
			considered Law in itself like That's one of
		
00:26:23 --> 00:26:38
			the rules as well too The
		
00:26:38 --> 00:26:41
			prophet sallallahu alaihi wa sallam said if people
		
00:26:41 --> 00:26:45
			were to be given according to their claims
		
00:26:45 --> 00:26:47
			Men would claim the lives of men and
		
00:26:47 --> 00:26:50
			their properties but corroborative testimony is demanded Of
		
00:26:50 --> 00:26:52
			the one who seeks a claim and the
		
00:26:52 --> 00:26:53
			oath is the right of the one from
		
00:26:53 --> 00:26:56
			whom a claim is sought So in the
		
00:26:56 --> 00:26:58
			english translation doesn't see how different that from
		
00:26:58 --> 00:26:59
			the original arabic.
		
00:26:59 --> 00:27:00
			So i'm going to read the arabic for
		
00:27:00 --> 00:27:03
			you He says Which is similar to the
		
00:27:03 --> 00:27:10
			first Version we have So he said the
		
00:27:10 --> 00:27:11
			same thing that people claim the blood and
		
00:27:11 --> 00:27:20
			the property of others Talib So that's different
		
00:27:20 --> 00:27:23
			terminology which is that give the exact same
		
00:27:23 --> 00:27:25
			meanings he's going to then mention a few
		
00:27:25 --> 00:27:30
			more Versions of the hadith until we get
		
00:27:30 --> 00:27:32
			to the one that we have on the
		
00:27:32 --> 00:27:38
			next page muhammad ibn umar ibn lubaba Muhammad
		
00:27:38 --> 00:27:41
			ibn umar ibn lubaba the andalusian faqih narrated
		
00:27:41 --> 00:27:44
			from othman ibn ayyub al-andalusi And he
		
00:27:44 --> 00:27:47
			described him as being of high merit from
		
00:27:47 --> 00:27:50
			wadazi ibn khais from ibn abu mulayka from
		
00:27:50 --> 00:27:52
			ibn abbas from the prophet sallallahu alaihi wa
		
00:27:52 --> 00:27:55
			sallam And then he mentioned this hadith and
		
00:27:55 --> 00:27:57
			he said and he said but corroborative testimony
		
00:27:57 --> 00:27:59
			is required of the claimant And an oath
		
00:27:59 --> 00:28:01
			is the right of one of the one
		
00:28:01 --> 00:28:04
			who denies the claim He he basically used
		
00:28:04 --> 00:28:09
			a different terminology saying like He didn't say
		
00:28:13 --> 00:28:15
			Again different versions and each one of them
		
00:28:15 --> 00:28:18
			by the way has a very very subtle
		
00:28:18 --> 00:28:20
			Difference in terms of technicality what comes to
		
00:28:20 --> 00:28:22
			the law and how to extend how to
		
00:28:22 --> 00:28:24
			understand that that's why he had to bring
		
00:28:24 --> 00:28:25
			All these different narrations.
		
00:28:26 --> 00:28:27
			So let's go to the next he said
		
00:28:27 --> 00:28:30
			what he says there are other hadith with
		
00:28:30 --> 00:28:32
			similar principles So we now learned we learned
		
00:28:32 --> 00:28:34
			the principle from the hadith the principle from
		
00:28:34 --> 00:28:36
			the hadith if someone makes a claim We
		
00:28:36 --> 00:28:37
			tell them to do what?
		
00:28:39 --> 00:28:42
			Bring your proof Bring your proof If they
		
00:28:42 --> 00:28:44
			don't have any proof The one who's been
		
00:28:44 --> 00:28:46
			accused right now.
		
00:28:46 --> 00:28:47
			He has to he has to give an
		
00:28:47 --> 00:28:50
			oath to set himself free By the way,
		
00:28:50 --> 00:28:53
			that's in the court of law Not among
		
00:28:53 --> 00:28:57
			the people You Not among the people what
		
00:28:57 --> 00:28:59
			does that mean you're sitting together having tea
		
00:28:59 --> 00:29:00
			and coffee and then you claim something about
		
00:29:00 --> 00:29:05
			somebody And the other person denies You say
		
00:29:05 --> 00:29:08
			wallah He doesn't have to say wallah Because
		
00:29:08 --> 00:29:09
			that's not a court of law anymore.
		
00:29:09 --> 00:29:11
			It's in the court of law That would
		
00:29:11 --> 00:29:13
			be obliged to give that oath to set
		
00:29:13 --> 00:29:16
			themselves free So in this case again, if
		
00:29:16 --> 00:29:17
			it's not in the court of law people
		
00:29:17 --> 00:29:19
			are free from these Obligations that we have
		
00:29:19 --> 00:29:21
			here in the discussion of this hadith.
		
00:29:21 --> 00:29:25
			So he's going to bring you different Narrations
		
00:29:25 --> 00:29:27
			that have the exact same principle.
		
00:29:27 --> 00:29:29
			So let's at least see one example inshallah
		
00:29:29 --> 00:29:34
			in the two sahih In the same sense
		
00:29:34 --> 00:29:36
			there are many hadith in the two sahih
		
00:29:36 --> 00:29:40
			books there is there is that Ibn khayf
		
00:29:40 --> 00:29:42
			said there was a dispute between me and
		
00:29:42 --> 00:29:43
			a man about a well and we took
		
00:29:43 --> 00:29:45
			the dispute to the prophet of the messenger
		
00:29:45 --> 00:29:49
			of allah So the messenger of allah said
		
00:29:49 --> 00:29:52
			produce your two witnesses or he has the
		
00:29:52 --> 00:29:54
			right to his oath denying your claim I
		
00:29:54 --> 00:29:56
			said in that case he will swear and
		
00:29:56 --> 00:29:58
			he will not care that it is false
		
00:29:58 --> 00:30:01
			So the messenger of allah said Whoever swears
		
00:30:01 --> 00:30:03
			an oath by what she demands property as
		
00:30:03 --> 00:30:05
			his right as his right and in which
		
00:30:05 --> 00:30:07
			he is lying He will meet allah and
		
00:30:07 --> 00:30:08
			he will be angry with him.
		
00:30:08 --> 00:30:11
			So allah revealed the confirmation of that and
		
00:30:11 --> 00:30:18
			he recited this ayah Those who sell allah's
		
00:30:18 --> 00:30:20
			contract and their own oaths for a paltry
		
00:30:20 --> 00:30:23
			price Because the continuation of the ayah allah
		
00:30:23 --> 00:30:26
			subhanahu wa ta'ala says They have no
		
00:30:26 --> 00:30:28
			share and no place in the akhira Allah
		
00:30:28 --> 00:30:34
			will not speak to them And allah is
		
00:30:34 --> 00:30:35
			not going to look at them on the
		
00:30:35 --> 00:30:38
			day of judgment He will never honor them
		
00:30:38 --> 00:30:42
			or sanctify them And they deserve a painful
		
00:30:42 --> 00:30:45
			punishment that's in surat al imran So this
		
00:30:45 --> 00:30:48
			is now again strengthening the the meaning of
		
00:30:48 --> 00:30:50
			the oath and how how dangerous it is
		
00:30:50 --> 00:30:54
			to give a false oath now In the
		
00:30:54 --> 00:30:56
			narration of muslim there is after his saying
		
00:30:56 --> 00:30:58
			then let him swear that he said there
		
00:30:58 --> 00:31:00
			is nothing for you But that muslim also
		
00:31:00 --> 00:31:03
			narrated it in the same sense in a
		
00:31:03 --> 00:31:07
			hadith Let's move on to the next so
		
00:31:07 --> 00:31:09
			you're going to see different narrations each one
		
00:31:09 --> 00:31:11
			of them will bring another example that is
		
00:31:11 --> 00:31:13
			similar to this principle And the next page
		
00:31:13 --> 00:31:16
			they have hajjaj al sawwaf and there's an
		
00:31:17 --> 00:31:20
			Anasai actually write another story Until we come
		
00:31:20 --> 00:31:22
			to where he speaks about now umar b
		
00:31:22 --> 00:31:22
			khattab.
		
00:31:23 --> 00:31:24
			I'll read them from there.
		
00:31:24 --> 00:31:26
			It has been It has been narrated of
		
00:31:26 --> 00:31:28
			umar that he wrote to abu musa corroborative
		
00:31:28 --> 00:31:30
			testimony is required in the claimant and the
		
00:31:30 --> 00:31:32
			oath is the right of the one who
		
00:31:32 --> 00:31:35
			denies Zaid ibn thabit passed judgment on that
		
00:31:35 --> 00:31:37
			basis against umar and in favor of obaid
		
00:31:37 --> 00:31:38
			ibn ka'b and neither of them rejected
		
00:31:38 --> 00:31:41
			it So basically this is why I wanted
		
00:31:41 --> 00:31:43
			to mention to you because this letter that
		
00:31:43 --> 00:31:45
			umar b khattab He sent to abu musa
		
00:31:45 --> 00:31:46
			al ash'ari.
		
00:31:46 --> 00:31:49
			It is one of the most um prominent
		
00:31:49 --> 00:31:53
			classic Letters that explains the judiciary system in
		
00:31:53 --> 00:31:56
			islam When umar used to send his judges
		
00:31:56 --> 00:31:58
			and his of course his government and governors
		
00:31:58 --> 00:32:02
			around around the world He would advise them
		
00:32:02 --> 00:32:05
			and learn how to rule So umar sent
		
00:32:05 --> 00:32:06
			to abu musa al ash'ari when he
		
00:32:06 --> 00:32:09
			sends him off He sent him with a
		
00:32:09 --> 00:32:11
			letter in regards to judgment how to deal
		
00:32:11 --> 00:32:13
			with the people And I have part of
		
00:32:13 --> 00:32:15
			it with me actually over here.
		
00:32:15 --> 00:32:16
			I'm going to read for you a little
		
00:32:16 --> 00:32:25
			bit He says Proceeding He says judgment which
		
00:32:25 --> 00:32:30
			means when you become a judge Making given
		
00:32:30 --> 00:32:35
			rules It's an obligation that is considered needs
		
00:32:35 --> 00:32:38
			to be well done It's an example of
		
00:32:38 --> 00:32:44
			the prophet and those of before Make sure
		
00:32:44 --> 00:32:47
			to have good understanding When they present to
		
00:32:47 --> 00:32:49
			you like you need to understand very well
		
00:32:49 --> 00:32:52
			Which means don't give yourself excuse.
		
00:32:52 --> 00:32:53
			I was tired distract.
		
00:32:53 --> 00:32:55
			No, you need to understand when they speak
		
00:32:55 --> 00:33:02
			to you Because it wouldn't make any sense
		
00:33:02 --> 00:33:04
			if you're going to give an answer that
		
00:33:04 --> 00:33:06
			you cannot based on what you hear An
		
00:33:06 --> 00:33:07
			answer you're not going to be able to
		
00:33:07 --> 00:33:12
			fulfill or even execute So judgment requires Fulfillment
		
00:33:12 --> 00:33:14
			And if you cannot fulfill it, what's the
		
00:33:14 --> 00:33:15
			meaning of it?
		
00:33:15 --> 00:33:23
			He says Make sure to be fair among
		
00:33:23 --> 00:33:25
			the people with the people When you sit
		
00:33:25 --> 00:33:27
			in front of them with your face with
		
00:33:27 --> 00:33:29
			your justice and with your majlis, which means
		
00:33:29 --> 00:33:30
			we're receding What does that mean?
		
00:33:30 --> 00:33:32
			When two people come to you to the
		
00:33:32 --> 00:33:35
			court Don't smile in the face of one
		
00:33:35 --> 00:33:37
			of them because you know him another person
		
00:33:37 --> 00:33:38
			you look at them, you know neutrally No,
		
00:33:39 --> 00:33:41
			no, no, if you're gonna smile in someone's
		
00:33:41 --> 00:33:43
			face smile the other person's face But what's
		
00:33:43 --> 00:33:44
			better for you to do?
		
00:33:44 --> 00:33:45
			What stay neutral?
		
00:33:46 --> 00:33:48
			Don't smile on either one's face at this
		
00:33:48 --> 00:33:51
			moment because now they're not your friends They're
		
00:33:51 --> 00:33:52
			now plaintive and defended.
		
00:33:52 --> 00:33:55
			So he says be fair Also when you
		
00:33:55 --> 00:33:57
			try to be just to both of them
		
00:33:57 --> 00:34:00
			When you seat them in the in the
		
00:34:00 --> 00:34:01
			court system, don't bring someone next to you.
		
00:34:01 --> 00:34:04
			Hey come over here Another one sits sits
		
00:34:04 --> 00:34:05
			somewhere else.
		
00:34:05 --> 00:34:06
			No, you need to make them all equal
		
00:34:06 --> 00:34:13
			in that moment So that the honorable people
		
00:34:13 --> 00:34:17
			Do not Feel that they're favored by you
		
00:34:20 --> 00:34:22
			And the weak will feel desperate of being
		
00:34:23 --> 00:34:27
			Given fairness and justice and he mentioned many
		
00:34:27 --> 00:34:28
			of them.
		
00:34:28 --> 00:34:30
			But the next statement is the hadith over
		
00:34:30 --> 00:34:37
			here قال Make sure that the proof is
		
00:34:37 --> 00:34:41
			the responsibility of the plaintiff And the claimant
		
00:34:41 --> 00:34:43
			and the oath is the responsibility of the
		
00:34:43 --> 00:34:45
			one who denies it.
		
00:34:45 --> 00:34:47
			So and he mentioned many other Examples how
		
00:34:47 --> 00:34:49
			they're beautiful look it up online the the
		
00:34:49 --> 00:34:56
			message of We're going to move forward inshallah
		
00:34:56 --> 00:35:00
			to the next page On the top Of
		
00:35:00 --> 00:35:03
			all of our colleagues the humblies and al
		
00:35:03 --> 00:35:05
			-shakiri differ as the explanation of the terms
		
00:35:05 --> 00:35:08
			of As of the terms the claimant and
		
00:35:08 --> 00:35:09
			the one against whom the claim is made
		
00:35:10 --> 00:35:12
			I'm gonna make the disclaimer again.
		
00:35:12 --> 00:35:14
			It's a very technical hadith So most of
		
00:35:14 --> 00:35:16
			us or many of us might not really
		
00:35:16 --> 00:35:20
			understand the terminologies that been presented over here.
		
00:35:20 --> 00:35:21
			It is.
		
00:35:21 --> 00:35:22
			All right It's okay.
		
00:35:22 --> 00:35:24
			I just want you to try to understand
		
00:35:24 --> 00:35:24
			what they're saying.
		
00:35:25 --> 00:35:27
			So here what they're going to explain How
		
00:35:27 --> 00:35:29
			to define who's al-mudda from al-mudda
		
00:35:29 --> 00:35:32
			alayh I mean, it's simple when you think
		
00:35:32 --> 00:35:35
			of the plaintiff versus defendant Usually the the
		
00:35:35 --> 00:35:36
			the plaintiff is what is the one who
		
00:35:36 --> 00:35:37
			presents the case, right?
		
00:35:38 --> 00:35:41
			But a smart judge Would be able to
		
00:35:41 --> 00:35:46
			differentiate in the claim of the claimants That
		
00:35:46 --> 00:35:49
			sometimes they can be what the defendant sometimes
		
00:35:49 --> 00:35:51
			they can be of course al-mudda And
		
00:35:51 --> 00:35:54
			sometimes the defendant when they present their case
		
00:35:55 --> 00:35:58
			They defend themselves sometimes but when they speak
		
00:35:58 --> 00:36:00
			they become mudda and they have a claim
		
00:36:00 --> 00:36:03
			against the other person so The person could
		
00:36:03 --> 00:36:05
			be mudda alayh at the same time a
		
00:36:05 --> 00:36:07
			plaintiff a defendant at the same time based
		
00:36:07 --> 00:36:09
			on the circumstance of their of their claims
		
00:36:09 --> 00:36:11
			So basically you need to be smart how
		
00:36:11 --> 00:36:14
			to identify who's who so here they're going
		
00:36:14 --> 00:36:16
			to try to give different Interpretation to what
		
00:36:16 --> 00:36:18
			the ulama say who is the plaintiff and
		
00:36:18 --> 00:36:19
			who's the defendant now?
		
00:36:20 --> 00:36:22
			Some say that some say that the claimant
		
00:36:22 --> 00:36:24
			is the one of the two disputants who
		
00:36:24 --> 00:36:26
			is allowed to remain silent and the one
		
00:36:26 --> 00:36:27
			against Whom the claim is made is the
		
00:36:27 --> 00:36:29
			one is is the one of the two
		
00:36:29 --> 00:36:31
			who is not allowed to remain silent What
		
00:36:31 --> 00:36:33
			does that mean if someone makes a claim
		
00:36:33 --> 00:36:35
			and that's it and they go quiet?
		
00:36:36 --> 00:36:36
			Right.
		
00:36:36 --> 00:36:39
			They have the proof Do you have even
		
00:36:39 --> 00:36:41
			to ask them to to explain the proof
		
00:36:41 --> 00:36:42
			if the proof is very obvious?
		
00:36:43 --> 00:36:46
			No But if someone has a claim against
		
00:36:46 --> 00:36:48
			them They can't be quiet anymore.
		
00:36:49 --> 00:36:51
			You have to defend yourself against it So
		
00:36:51 --> 00:36:52
			you cannot be quiet.
		
00:36:52 --> 00:36:54
			So the one who cannot be quiet is
		
00:36:54 --> 00:36:55
			the one we call them the defendant based
		
00:36:55 --> 00:36:59
			on this very simple definition the second Some
		
00:36:59 --> 00:37:01
			say that the claimant is someone who demands
		
00:37:01 --> 00:37:04
			a matter which is concealed and contrary to
		
00:37:04 --> 00:37:06
			the original state of affairs or contrary to
		
00:37:06 --> 00:37:09
			What is openly apparent and the one against
		
00:37:09 --> 00:37:11
			whom the claim is made is the opposite
		
00:37:11 --> 00:37:11
			of that?
		
00:37:11 --> 00:37:12
			What what does that mean?
		
00:37:13 --> 00:37:13
			What does that mean?
		
00:37:14 --> 00:37:15
			For example, I come to you and I
		
00:37:15 --> 00:37:19
			say hey Give me my watch And the
		
00:37:19 --> 00:37:19
			watch is where?
		
00:37:20 --> 00:37:23
			On your arm on your hand So right
		
00:37:23 --> 00:37:25
			now the other person is like what are
		
00:37:25 --> 00:37:25
			you talking about?
		
00:37:25 --> 00:37:26
			That's mine.
		
00:37:26 --> 00:37:30
			No, it's mine So who's now who's calling
		
00:37:30 --> 00:37:31
			who's calling?
		
00:37:32 --> 00:37:34
			Against what is considered the apparent state or
		
00:37:34 --> 00:37:36
			what you called al-asr Who is one
		
00:37:36 --> 00:37:38
			who's changing what is considered the apparent thing
		
00:37:38 --> 00:37:39
			the apparent thing is what?
		
00:37:39 --> 00:37:41
			The man who's holding that watch in his
		
00:37:41 --> 00:37:42
			hand is what is who is the owner
		
00:37:42 --> 00:37:43
			of that watch?
		
00:37:44 --> 00:37:46
			Now me come and say this is mine
		
00:37:46 --> 00:37:51
			i'm obviously Yani, um contradicting what is obvious
		
00:37:51 --> 00:37:54
			That's supposed to be his So if you
		
00:37:54 --> 00:37:57
			come to contradict what is obvious you become
		
00:37:57 --> 00:37:57
			the what?
		
00:37:58 --> 00:38:00
			The the plaintiff and the claimant and it's
		
00:38:00 --> 00:38:02
			on you to prove the evidence that the
		
00:38:02 --> 00:38:06
			watch is yours You becomes your response to
		
00:38:06 --> 00:38:09
			provide that If the if you tell the
		
00:38:09 --> 00:38:12
			person for example, give me my watch And
		
00:38:12 --> 00:38:17
			that's that person says too late What does
		
00:38:17 --> 00:38:22
			that mean now They admit it Right They
		
00:38:22 --> 00:38:26
			admit it So now they're responsible to prove
		
00:38:26 --> 00:38:29
			so they become now the mudda Now they
		
00:38:29 --> 00:38:33
			become suddenly the plaintiff who claim That yeah,
		
00:38:33 --> 00:38:35
			it was theirs, but it's mine now.
		
00:38:35 --> 00:38:36
			So now they're responsible to do what?
		
00:38:38 --> 00:38:40
			To give the proof that I sold it
		
00:38:40 --> 00:38:42
			or I gifted it to you So who's
		
00:38:42 --> 00:38:43
			now who's going to give the oath right
		
00:38:43 --> 00:38:43
			now?
		
00:38:44 --> 00:38:46
			The one who claimed it first that this
		
00:38:46 --> 00:38:47
			is mine so because that person becomes a
		
00:38:47 --> 00:38:49
			defendant in this case So again need to
		
00:38:49 --> 00:38:51
			be very critical how to understand who's a
		
00:38:51 --> 00:38:54
			plaintiff and who's a the defendant in these
		
00:38:54 --> 00:38:56
			situations Let's move on to the next inshallah.
		
00:38:56 --> 00:38:56
			Do we demand?
		
00:38:59 --> 00:39:02
			As as for someone Has been entrusted as
		
00:39:02 --> 00:39:04
			for someone who has been entrusted with the
		
00:39:04 --> 00:39:06
			care of some goods and he claims that
		
00:39:06 --> 00:39:08
			they perished Such as someone who has been
		
00:39:08 --> 00:39:10
			entrusted with a deposit and he claimed the
		
00:39:10 --> 00:39:12
			destruction of the matter deposited with him Then
		
00:39:12 --> 00:39:14
			it is said that he is the claimant
		
00:39:14 --> 00:39:16
			since the original position is contrary to his
		
00:39:16 --> 00:39:19
			claim Ie he received the goods in a
		
00:39:19 --> 00:39:21
			good state and he and he only is
		
00:39:21 --> 00:39:23
			without need of corroborative testimony because the one
		
00:39:23 --> 00:39:26
			who deposited the good One who deposited the
		
00:39:26 --> 00:39:30
			goods trusted him and that trust necessarily requires
		
00:39:30 --> 00:39:31
			the acceptance of his word What does that
		
00:39:31 --> 00:39:32
			mean here?
		
00:39:32 --> 00:39:34
			If you're going to give somebody let's say
		
00:39:34 --> 00:39:36
			you're traveling you're going to give somebody a
		
00:39:36 --> 00:39:38
			thousand dollars to keep it with them So
		
00:39:38 --> 00:39:39
			could you keep this with you, please?
		
00:39:39 --> 00:39:40
			Why would you give it to them?
		
00:39:41 --> 00:39:44
			Because you trust them Right, if you don't
		
00:39:44 --> 00:39:46
			trust this person You won't give you the
		
00:39:46 --> 00:39:47
			money.
		
00:39:47 --> 00:39:51
			So now if this person you trusted Comes
		
00:39:51 --> 00:39:52
			to you said i'm so sorry.
		
00:39:52 --> 00:39:54
			There was actually a flood whatever that is
		
00:39:54 --> 00:39:57
			and the money was was lost Do they
		
00:39:57 --> 00:39:59
			have to give you an oath that this
		
00:39:59 --> 00:40:01
			would happen in order for you to believe
		
00:40:01 --> 00:40:01
			them?
		
00:40:02 --> 00:40:03
			So that's what the argument over here says
		
00:40:03 --> 00:40:05
			if you already trusted them in the first
		
00:40:05 --> 00:40:06
			place.
		
00:40:06 --> 00:40:08
			No, they're not they don't owe you An
		
00:40:08 --> 00:40:08
			oath.
		
00:40:08 --> 00:40:09
			Why is that?
		
00:40:10 --> 00:40:12
			Because they already were trustworthy.
		
00:40:12 --> 00:40:13
			The only reason why we demand an oath
		
00:40:13 --> 00:40:16
			from them because we don't trust their statements
		
00:40:16 --> 00:40:19
			But because this person was already a trustworthy
		
00:40:19 --> 00:40:19
			to you.
		
00:40:19 --> 00:40:21
			We don't demand a statement an oath from
		
00:40:21 --> 00:40:24
			them That's a standard rule, but the ulama
		
00:40:24 --> 00:40:26
			they have other circumstances for that.
		
00:40:26 --> 00:40:29
			So some say that Some say that the
		
00:40:29 --> 00:40:32
			claimant requires corroborative testimony is really the claimant
		
00:40:32 --> 00:40:34
			who does so in order that he should
		
00:40:34 --> 00:40:36
			be given his claim Which is people's property
		
00:40:36 --> 00:40:39
			or their lives as mentioned in the hadith
		
00:40:39 --> 00:40:41
			as for someone who is trusted He does
		
00:40:41 --> 00:40:42
			not claim something in order to be given
		
00:40:42 --> 00:40:45
			anything Some say that he is on the
		
00:40:45 --> 00:40:47
			contrary the one against whom the claim is
		
00:40:47 --> 00:40:49
			made because if he is silent He is
		
00:40:49 --> 00:40:51
			not left alone, but he must answer and
		
00:40:51 --> 00:40:54
			that the one who who locks the deposit
		
00:40:54 --> 00:40:56
			is the claimant Since if he is silent,
		
00:40:56 --> 00:40:58
			he is left alone So basically there's different
		
00:40:58 --> 00:41:01
			definitions of who the claimant and who's the
		
00:41:01 --> 00:41:04
			the counterclaimant in these circumstances again It's a
		
00:41:04 --> 00:41:05
			bit technical So we're going to move on
		
00:41:05 --> 00:41:08
			to the next page inshallah where he says
		
00:41:08 --> 00:41:10
			the people of fiqh differ The people of
		
00:41:10 --> 00:41:12
			fiqh differ in two ways in this section
		
00:41:12 --> 00:41:15
			First that corroborative testimony is always required of
		
00:41:15 --> 00:41:17
			the claimant and that the one against whom
		
00:41:17 --> 00:41:19
			the claim is made always has the right
		
00:41:19 --> 00:41:20
			To take an oath.
		
00:41:20 --> 00:41:22
			So this is basically a very simple message
		
00:41:22 --> 00:41:24
			says look based on the hadith We only
		
00:41:24 --> 00:41:26
			ask the oath from the defendant.
		
00:41:26 --> 00:41:28
			We don't we don't demand that the oath
		
00:41:28 --> 00:41:30
			from the uh from the plaintiff So that's
		
00:41:30 --> 00:41:33
			the first opinion the other opinion is a
		
00:41:33 --> 00:41:34
			bit different it's going to come in two
		
00:41:34 --> 00:41:36
			pages after this So he's going to try
		
00:41:36 --> 00:41:41
			to bring evidences that yes Only the defendants
		
00:41:41 --> 00:41:43
			are responsible to give an oath and he's
		
00:41:43 --> 00:41:45
			going to bring the example here of al
		
00:41:45 --> 00:41:48
			-qasama if you look at the Maybe three
		
00:41:48 --> 00:41:49
			lines after that.
		
00:41:49 --> 00:41:51
			There's a word al-qasama and down in
		
00:41:51 --> 00:41:52
			the middle.
		
00:41:52 --> 00:41:56
			There's saeed ibn Obaid narrated read the story
		
00:41:57 --> 00:42:11
			Said ibn obaid narrated So
		
00:42:11 --> 00:42:15
			what's the rest of the hadith over here
		
00:42:15 --> 00:42:16
			and it's mentioned down there, but i'm going
		
00:42:16 --> 00:42:17
			to explain real quick Inshallah, so a group
		
00:42:17 --> 00:42:19
			of sahaba went to khaibar.
		
00:42:19 --> 00:42:22
			Khaibar was the land of the jews at
		
00:42:22 --> 00:42:25
			the time So they separated went to different
		
00:42:25 --> 00:42:27
			businesses because the khaibar was known to be
		
00:42:27 --> 00:42:29
			a good business place for tamar and dates
		
00:42:29 --> 00:42:32
			and stuff They separated and then when they
		
00:42:32 --> 00:42:34
			came back together one is missing.
		
00:42:34 --> 00:42:35
			What is he looking around?
		
00:42:35 --> 00:42:37
			They found him being killed or dead in
		
00:42:37 --> 00:42:39
			one of those in that neighborhood.
		
00:42:39 --> 00:42:41
			So what they did they went to claim
		
00:42:41 --> 00:42:44
			The blood of course of this individual who
		
00:42:44 --> 00:42:46
			killed him Now there is no way to
		
00:42:46 --> 00:42:49
			to find not like today obviously, but they
		
00:42:49 --> 00:42:51
			tried and they couldn't you know, see anybody
		
00:42:52 --> 00:42:54
			No one has any witnesses.
		
00:42:54 --> 00:42:56
			No one is claiming No one is admitting
		
00:42:56 --> 00:42:58
			to it and the neighborhood which is supposed
		
00:42:58 --> 00:43:00
			to be the place where he where he
		
00:43:00 --> 00:43:03
			was killed no one, you know has any
		
00:43:03 --> 00:43:06
			um, yeah any Testimony or even wants to
		
00:43:06 --> 00:43:08
			admit that they killed him.
		
00:43:08 --> 00:43:11
			This is called lawas in the uh, In
		
00:43:11 --> 00:43:13
			the system of judah system in regard to
		
00:43:13 --> 00:43:15
			the blood like there is no Pure and
		
00:43:15 --> 00:43:18
			clear evidence to who killed this individual if
		
00:43:18 --> 00:43:21
			that is the case You cannot right now
		
00:43:21 --> 00:43:23
			Take somebody randomly and say we're going to
		
00:43:23 --> 00:43:24
			take one for one a man for a
		
00:43:24 --> 00:43:24
			man.
		
00:43:24 --> 00:43:26
			You can't do that So in this case
		
00:43:26 --> 00:43:28
			what the prophet sallallahu alaihi wasallam told him
		
00:43:28 --> 00:43:31
			said said to the sahaba Bring an evidence
		
00:43:31 --> 00:43:33
			to prove that you know the one who
		
00:43:33 --> 00:43:34
			killed him.
		
00:43:34 --> 00:43:36
			So we don't have that We have no
		
00:43:36 --> 00:43:38
			proof He said okay in this case i'm
		
00:43:38 --> 00:43:40
			gonna have to ask them to give 50
		
00:43:40 --> 00:43:43
			Yameen like 50 people from that neighborhood should
		
00:43:43 --> 00:43:46
			all swear by god that they don't know
		
00:43:46 --> 00:43:47
			And they have nothing to do with the
		
00:43:47 --> 00:43:50
			with the murder of this man That's called
		
00:43:50 --> 00:43:53
			al-qasama An islamic system that works in
		
00:43:53 --> 00:43:56
			in these these circumstances And if this is
		
00:43:56 --> 00:43:59
			the case the community becomes free from being
		
00:43:59 --> 00:44:02
			liable for the death of this individual So
		
00:44:02 --> 00:44:04
			when the prophet told the sahaba, okay, i'll
		
00:44:04 --> 00:44:06
			have 50 of them to swear by allah
		
00:44:06 --> 00:44:07
			They said ya rasulallah.
		
00:44:07 --> 00:44:08
			We're not going to take the the oath
		
00:44:08 --> 00:44:10
			of the of the jews We don't believe
		
00:44:10 --> 00:44:10
			them.
		
00:44:11 --> 00:44:12
			We're not going to take we're not going
		
00:44:12 --> 00:44:13
			to trust them with that oath So the
		
00:44:13 --> 00:44:15
			prophet sallallahu alaihi wasallam didn't know what to
		
00:44:15 --> 00:44:15
			do in this situation.
		
00:44:15 --> 00:44:17
			He told them okay in this case We
		
00:44:17 --> 00:44:19
			will pay for his diya the blood money
		
00:44:19 --> 00:44:21
			from bayt al-mal We we're going to
		
00:44:21 --> 00:44:25
			just cover the the Yani his diya, which
		
00:44:25 --> 00:44:27
			is the the blood money for your family
		
00:44:27 --> 00:44:29
			for his family from bayt al-mal from
		
00:44:29 --> 00:44:31
			the house Uh the the finance of course
		
00:44:31 --> 00:44:32
			of the of the community or at least
		
00:44:32 --> 00:44:35
			in this case The the islamic treasury basically,
		
00:44:36 --> 00:44:37
			so we'll take care of that for you.
		
00:44:37 --> 00:44:39
			So that's called al-qasama It's an evidence
		
00:44:39 --> 00:44:41
			and proof that he demanded from the defendants
		
00:44:41 --> 00:44:44
			to give the oath not from the plaintiff
		
00:44:44 --> 00:44:46
			Let's move to the next right now the
		
00:44:46 --> 00:44:48
			next the following page where it says single
		
00:44:48 --> 00:44:51
			witness actually it's not single not that Uh
		
00:44:51 --> 00:44:53
			as for the issue of a single witness
		
00:44:53 --> 00:44:55
			as for the issue of a single witness
		
00:44:55 --> 00:44:57
			along with an oath Those who deny judgment
		
00:44:57 --> 00:44:59
			on the basis of a single of a
		
00:44:59 --> 00:45:01
			single witness and an oath seek to prove
		
00:45:01 --> 00:45:03
			it by the hadith Produce your two witnesses
		
00:45:03 --> 00:45:05
			or he has the right to his oath
		
00:45:05 --> 00:45:08
			denying your claim And he's saying so allahu
		
00:45:08 --> 00:45:08
			alaihi wasallam.
		
00:45:09 --> 00:45:10
			You have the right you have the right
		
00:45:10 --> 00:45:13
			only to that qadi ismail al-maliki spoke
		
00:45:13 --> 00:45:16
			concerning this wording and he said The only
		
00:45:16 --> 00:45:18
			one who narrated this was mansour from abu
		
00:45:18 --> 00:45:21
			wa'il and all the other Narrators disagree
		
00:45:21 --> 00:45:23
			with him saying with disagree with him saying
		
00:45:23 --> 00:45:24
			he asked him.
		
00:45:25 --> 00:45:27
			Do you have corroborative testimony or not?
		
00:45:27 --> 00:45:30
			And corroborative testimony is not restricted to two
		
00:45:30 --> 00:45:33
			witnesses alone, but it comprises everything that makes
		
00:45:33 --> 00:45:35
			the truth clear So the point of the
		
00:45:35 --> 00:45:39
			corroborative witness over here Anything that brings the
		
00:45:39 --> 00:45:42
			truth out whether it's two witnesses Some other
		
00:45:42 --> 00:45:45
			circumstances or in this situation If the plaintiff
		
00:45:45 --> 00:45:48
			can bring one witness And for in the
		
00:45:48 --> 00:45:50
			place of the second witness he gives an
		
00:45:50 --> 00:45:52
			oath and that's an issue of argument among
		
00:45:52 --> 00:45:54
			the fuqa and the ulama if that is
		
00:45:54 --> 00:45:56
			acceptable and admitted as A proof or evidences
		
00:45:56 --> 00:45:57
			against the defendant.
		
00:45:58 --> 00:46:00
			That's an issue of argument in the court
		
00:46:00 --> 00:46:02
			in the court of law Move on to
		
00:46:02 --> 00:46:05
			the next page inshallah What it's what it
		
00:46:05 --> 00:46:07
			says actually the second statement go to the
		
00:46:07 --> 00:46:09
			second statement the second statement on the issue
		
00:46:09 --> 00:46:11
			is that Is that preference is given to
		
00:46:11 --> 00:46:13
			the stronger of the two contending parties and
		
00:46:13 --> 00:46:15
			the right to an oath assigned to him?
		
00:46:16 --> 00:46:18
			This is the method of malik and similarly
		
00:46:18 --> 00:46:20
			qadi abu ya'la mentioned in his irregular
		
00:46:20 --> 00:46:22
			views that that it is the method of
		
00:46:22 --> 00:46:25
			ahmed On the basis of this the issues
		
00:46:25 --> 00:46:28
			we mentioned of judging by qassama oaths and
		
00:46:28 --> 00:46:31
			by a single witness And an oath are
		
00:46:31 --> 00:46:34
			accomplished because when the side of the claimant
		
00:46:34 --> 00:46:36
			in the case of qassama is strengthened by
		
00:46:36 --> 00:46:39
			weak incomplete evidence Then the oath is put
		
00:46:39 --> 00:46:41
			on his side and judgment is passed in
		
00:46:41 --> 00:46:44
			his favor by it So basically the argument
		
00:46:44 --> 00:46:47
			is what say why do we demand the
		
00:46:47 --> 00:46:48
			defendant to give an oath?
		
00:46:49 --> 00:46:52
			Because the defendant has the weakest the weakest
		
00:46:53 --> 00:46:57
			evidence and proof but the Or in this
		
00:46:57 --> 00:46:59
			case, let me put it this way The
		
00:46:59 --> 00:47:01
			the plaintiff when they make when they make
		
00:47:01 --> 00:47:05
			a claim, obviously Their claim is weak Because
		
00:47:05 --> 00:47:08
			it really contrary to what's obvious.
		
00:47:08 --> 00:47:09
			Like I said when someone claims this is
		
00:47:09 --> 00:47:13
			my watch So their claim is weak unless
		
00:47:13 --> 00:47:13
			they provide what?
		
00:47:14 --> 00:47:15
			A proof for that.
		
00:47:15 --> 00:47:16
			So that's why we ask them to bring
		
00:47:16 --> 00:47:20
			a proof to it Now al mudda alay
		
00:47:20 --> 00:47:23
			the defendant He has the strength of what?
		
00:47:24 --> 00:47:27
			the hal The the the condition of having
		
00:47:27 --> 00:47:29
			this on his hand, so that's the standard
		
00:47:29 --> 00:47:31
			rule It's supposed to be his unless you
		
00:47:31 --> 00:47:34
			prove otherwise because you have a stronger evidence
		
00:47:34 --> 00:47:36
			or proof This is watch is on my
		
00:47:36 --> 00:47:36
			hand.
		
00:47:36 --> 00:47:38
			So we don't demand from them a strong
		
00:47:38 --> 00:47:40
			evidence We ask them for the weaker one
		
00:47:40 --> 00:47:42
			and the weaker one just say I swear
		
00:47:43 --> 00:47:46
			Then you're good That's so basically the second
		
00:47:46 --> 00:47:49
			opinion is looking who is who has a
		
00:47:49 --> 00:47:52
			stronger the stronger case And that one has
		
00:47:52 --> 00:47:54
			a stronger case would be the one will
		
00:47:54 --> 00:47:56
			be uh demanded of course to give that
		
00:47:56 --> 00:47:58
			oath now Let's move on to the next
		
00:47:58 --> 00:48:00
			inshallah says that the people of knowledge have
		
00:48:00 --> 00:48:03
			two ways They're at the bottom of the
		
00:48:03 --> 00:48:07
			page the last line five four three the
		
00:48:07 --> 00:48:09
			people of knowledge have two ways in response
		
00:48:09 --> 00:48:16
			to his saying Corroborative testimony is required of
		
00:48:16 --> 00:48:18
			the claimant first that this is singled out
		
00:48:18 --> 00:48:21
			from his general rule by a proof Second
		
00:48:21 --> 00:48:24
			that his saying corroborative testimony is required of
		
00:48:24 --> 00:48:26
			the claimant is not a general ruling because
		
00:48:26 --> 00:48:28
			what is meant is said What is meant
		
00:48:28 --> 00:48:30
			is the said claimant who is someone who
		
00:48:30 --> 00:48:32
			has no decisive proof?
		
00:48:32 --> 00:48:34
			Other than the claim as in his wording
		
00:48:34 --> 00:48:35
			if people were to be were to be
		
00:48:35 --> 00:48:38
			given according to what they claim Men would
		
00:48:38 --> 00:48:41
			claim people's property and lives As so basically
		
00:48:41 --> 00:48:43
			here what he's saying he's going to give
		
00:48:43 --> 00:48:45
			you four opinions four opinions So, how do
		
00:48:45 --> 00:48:50
			we explain the prophet's statement in regards to
		
00:48:50 --> 00:48:53
			uh, okay How do you explain that he
		
00:48:53 --> 00:48:56
			gives four different opinions over here again, these
		
00:48:56 --> 00:48:58
			are technical definitions So we're going to move
		
00:48:58 --> 00:49:03
			forward inshallah to the next page When it
		
00:49:03 --> 00:49:16
			says Evidence
		
00:49:16 --> 00:49:19
			which shows the truthful truthfulness of one of
		
00:49:19 --> 00:49:21
			the disputants So remember what said the bayan
		
00:49:21 --> 00:49:23
			is supposed to be what anything or any
		
00:49:23 --> 00:49:24
			proof or evidence?
		
00:49:25 --> 00:49:27
			That is solid enough to prove the case.
		
00:49:27 --> 00:49:30
			It could be witnesses It could be the
		
00:49:30 --> 00:49:32
			person admits that the defendant admits the fault,
		
00:49:32 --> 00:49:35
			of course But then what about those circumstantial
		
00:49:35 --> 00:49:36
			or factual evidences?
		
00:49:36 --> 00:49:38
			Some of these factual evidences needed in our
		
00:49:38 --> 00:49:41
			time is what fingerprints for example It wasn't
		
00:49:41 --> 00:49:44
			didn't exist back then forensic evidences for instance
		
00:49:44 --> 00:49:47
			dna All these things right now are used
		
00:49:47 --> 00:49:49
			in the court of law And there was
		
00:49:49 --> 00:49:51
			actually a huge debate in the muslim community
		
00:49:51 --> 00:49:53
			Of course in the muslim court in regard
		
00:49:53 --> 00:49:56
			to admitting these proofs as evidences in these
		
00:49:56 --> 00:49:58
			cases Especially the proof of paternity for example
		
00:49:58 --> 00:50:00
			and all these things and so on Because
		
00:50:00 --> 00:50:03
			some ulama would resist because their specific text
		
00:50:03 --> 00:50:06
			Would suggest not to use these factual or
		
00:50:06 --> 00:50:09
			circumstantial evidences But nowadays alhamdulillah the majority of
		
00:50:09 --> 00:50:12
			course the ulama agree that as long as
		
00:50:12 --> 00:50:16
			The circumstantial evidence is close to become factual
		
00:50:16 --> 00:50:19
			evidence It can be admitted in the court
		
00:50:19 --> 00:50:19
			of law.
		
00:50:20 --> 00:50:23
			Now we want next what it says It
		
00:50:23 --> 00:50:33
			has been narrated By the way You know
		
00:50:33 --> 00:50:34
			what i'm gonna have you read that story
		
00:50:34 --> 00:50:37
			before because it's an interesting story Where it
		
00:50:37 --> 00:50:44
			says the factual evidence which shows By the
		
00:50:44 --> 00:50:46
			way, just to give you perspective shuraih is
		
00:50:46 --> 00:50:48
			known to be one of the very well
		
00:50:48 --> 00:50:51
			-known Supreme judges of the past like he
		
00:50:51 --> 00:50:52
			was one of the best judges in the
		
00:50:52 --> 00:50:54
			history of islam So that's why we bring
		
00:50:54 --> 00:50:54
			shuraih.
		
00:50:54 --> 00:50:55
			He's like the judge.
		
00:50:55 --> 00:50:59
			That's what it means Gave the judgment with
		
00:50:59 --> 00:51:02
			respect to kittens that two women claimed each
		
00:51:02 --> 00:51:04
			of whom said they are my cat's kittens
		
00:51:04 --> 00:51:07
			Said cast this kitten towards her the female
		
00:51:07 --> 00:51:09
			cat one of the woman If she is
		
00:51:09 --> 00:51:11
			settled her milk is copious and she stretches
		
00:51:11 --> 00:51:14
			herself out Then it is hers if she
		
00:51:14 --> 00:51:16
			flees and bristles then it is not hers.
		
00:51:16 --> 00:51:17
			Did you understand the story?
		
00:51:18 --> 00:51:21
			Two women they were fighting for kittens They
		
00:51:21 --> 00:51:23
			both said these kittens for my cat And
		
00:51:23 --> 00:51:24
			the other one said no these kids are
		
00:51:24 --> 00:51:27
			my cat from my cat They have both
		
00:51:27 --> 00:51:29
			have cats and each one of them claimed
		
00:51:29 --> 00:51:30
			these kittens are mine They want to keep
		
00:51:30 --> 00:51:35
			the kittens for themselves, obviously Has so much
		
00:51:35 --> 00:51:37
			compassion for this kitten, so they were claiming
		
00:51:37 --> 00:51:39
			the kittens to be theirs so He used
		
00:51:39 --> 00:51:42
			circumstantial factual evidence.
		
00:51:42 --> 00:51:43
			He goes, you know what bring these two
		
00:51:43 --> 00:51:46
			cats And let the kids go there if
		
00:51:46 --> 00:51:49
			the kittens if the mother stretches itself and
		
00:51:49 --> 00:51:50
			you know Kind of like allow them to
		
00:51:50 --> 00:51:53
			come and and and a nurse then that's
		
00:51:53 --> 00:51:55
			from that cat Otherwise if she runs away
		
00:51:55 --> 00:51:56
			from them, that's not their babies.
		
00:51:57 --> 00:51:58
			So that's simple as that That was his
		
00:51:58 --> 00:52:01
			judgment basically now the other story where it
		
00:52:01 --> 00:52:03
			says al qafa He says that as imam
		
00:52:03 --> 00:52:05
			shafi he allows that um, which is these
		
00:52:05 --> 00:52:08
			are now forensic evidences like al qafa are
		
00:52:08 --> 00:52:11
			those people who are What do you call
		
00:52:11 --> 00:52:11
			them?
		
00:52:12 --> 00:52:15
			Um uh Stanley short for them people who
		
00:52:15 --> 00:52:18
			travel in the desert and they can um,
		
00:52:18 --> 00:52:20
			yeah, and he follow finger, uh footprints and
		
00:52:20 --> 00:52:24
			so on trackers Treasure trackers.
		
00:52:25 --> 00:52:27
			So basically these trackers basically he says If
		
00:52:27 --> 00:52:30
			you have an expert tracker who can like
		
00:52:30 --> 00:52:32
			give a testimony As an expert in the
		
00:52:32 --> 00:52:35
			court to say well based on the evidence
		
00:52:35 --> 00:52:37
			I see in this actually he's been stolen
		
00:52:37 --> 00:52:40
			from this person He goes that testimony will
		
00:52:40 --> 00:52:42
			be admitted to the court because that's an
		
00:52:42 --> 00:52:45
			expert right now So the expert testimony can
		
00:52:45 --> 00:52:48
			be used as a circumstantial evidence and the
		
00:52:48 --> 00:52:50
			other story as well, too He speaks about
		
00:52:50 --> 00:52:53
			you know of people If a farmer claimed
		
00:52:53 --> 00:52:56
			his neighbor's sheep or herd Uh destroyed his
		
00:52:56 --> 00:52:59
			uh his farm He goes we look at
		
00:52:59 --> 00:53:01
			we we look around if we can see
		
00:53:01 --> 00:53:03
			traces of their hooves on the ground Then
		
00:53:03 --> 00:53:05
			we take his word as a test as
		
00:53:05 --> 00:53:05
			as a proof.
		
00:53:06 --> 00:53:07
			Otherwise, we deny it.
		
00:53:07 --> 00:53:12
			So the point of this masala is circumstantial
		
00:53:12 --> 00:53:15
			proofs Factual evidences can also be admitted as
		
00:53:15 --> 00:53:19
			bayena in this in this uh context now
		
00:53:19 --> 00:53:22
			his saying He's saying the oath is the
		
00:53:22 --> 00:53:24
			right of the one against whom the claim
		
00:53:24 --> 00:53:26
			is made and shows that everyone against whom
		
00:53:26 --> 00:53:27
			a claim is made And who denies it
		
00:53:27 --> 00:53:28
			must then make an oath?
		
00:53:29 --> 00:53:30
			This is a statement of most of the
		
00:53:30 --> 00:53:33
			faqah Maddox said the oath is only obligatory
		
00:53:33 --> 00:53:35
			for someone who denies the claim against him
		
00:53:35 --> 00:53:38
			If there is some kind of social *
		
00:53:38 --> 00:53:40
			between the two claimants for fear that fools
		
00:53:40 --> 00:53:43
			might Might degrade leaders by seeking their oaths
		
00:53:43 --> 00:53:45
			by merely making a claim whether true or
		
00:53:45 --> 00:53:47
			false against them So he brings right now
		
00:53:47 --> 00:53:50
			an issue a very minor issue He goes
		
00:53:50 --> 00:53:52
			look we understand that you owe them oath
		
00:53:52 --> 00:53:55
			if you don't have a bayena against them
		
00:53:55 --> 00:53:59
			however in some circumstances, we don't demand an
		
00:53:59 --> 00:54:03
			oath from The the defendant if these defendants
		
00:54:03 --> 00:54:06
			have a reputation to be trustworthy To be
		
00:54:06 --> 00:54:08
			of noble for example, you know kind of
		
00:54:08 --> 00:54:10
			status in the community That is not befitting
		
00:54:10 --> 00:54:12
			them to be in this position.
		
00:54:12 --> 00:54:13
			They would never you know, do something like
		
00:54:13 --> 00:54:16
			this There's no solid evidence and proof against
		
00:54:16 --> 00:54:16
			them to these claims.
		
00:54:17 --> 00:54:18
			So in this case, we don't we don't
		
00:54:18 --> 00:54:20
			demand that they give oath That's imam malik
		
00:54:20 --> 00:54:22
			rahim allah's opinion as he mentioned it over
		
00:54:22 --> 00:54:27
			here and finally witness under oath the next
		
00:54:27 --> 00:54:32
			page When it says muhanna asked imam ahmad
		
00:54:33 --> 00:54:35
			Asked imam ahmed about this issue and ahmed
		
00:54:35 --> 00:54:37
			answered ali did it he asked him.
		
00:54:37 --> 00:54:38
			Is this correct?
		
00:54:38 --> 00:54:43
			Answered The qadi confirmed his narration from ahmed
		
00:54:43 --> 00:54:45
			But he interpreted it as referring to the
		
00:54:45 --> 00:54:47
			claim made against someone who was absent or
		
00:54:47 --> 00:54:49
			against a minor and this is not sound
		
00:54:49 --> 00:54:51
			because Ali only made a claim and swear
		
00:54:51 --> 00:54:54
			an oath was present with him along with
		
00:54:54 --> 00:54:58
			his crop along with his corroborated witness Like
		
00:54:58 --> 00:54:58
			he's saying here.
		
00:54:59 --> 00:55:01
			Do you demand from the from the plaintiff
		
00:55:01 --> 00:55:02
			to give an oath?
		
00:55:03 --> 00:55:05
			If you didn't have a clear clear evidence
		
00:55:05 --> 00:55:07
			or proof I mean the hadith says no
		
00:55:07 --> 00:55:09
			you don't but here it says ali radi
		
00:55:09 --> 00:55:09
			allah.
		
00:55:09 --> 00:55:12
			He demanded that from him Which again brings
		
00:55:12 --> 00:55:14
			us that the hadith of the prophet sallallahu
		
00:55:14 --> 00:55:17
			alayhi wa sallam Started this discussion over who
		
00:55:17 --> 00:55:19
			is the plaintiff and who is the defendant
		
00:55:19 --> 00:55:21
			and you need to know Very well to
		
00:55:21 --> 00:55:23
			understand from this so you can determine who's
		
00:55:23 --> 00:55:25
			who so you can tell who needs to
		
00:55:25 --> 00:55:29
			provide an evidence and not to provide Or
		
00:55:29 --> 00:55:30
			give the oath we're going to go to
		
00:55:30 --> 00:55:32
			the end to the end inshallah to the
		
00:55:32 --> 00:55:36
			last page on page What it says, uh,
		
00:55:36 --> 00:55:40
			um page five four four eight The fuqaha
		
00:55:40 --> 00:55:44
			differ the fuqaha differ As to whether or
		
00:55:44 --> 00:55:48
			not an oath is demanded for all Adam
		
00:55:48 --> 00:55:51
			adamic human rights as in as is the
		
00:55:51 --> 00:55:53
			position of a shafi'i And is in
		
00:55:53 --> 00:55:56
			one narration from ahmed or whether or whether
		
00:55:56 --> 00:55:59
			on Or whether on oath is only demanded
		
00:55:59 --> 00:56:02
			in those cases which judgment leads to an
		
00:56:02 --> 00:56:05
			exemplary punishment As is narrated in one version
		
00:56:05 --> 00:56:07
			from ahmed or whether an oath is only
		
00:56:07 --> 00:56:09
			demanded In respect of that which is which
		
00:56:09 --> 00:56:12
			it is sound to give generously away Or
		
00:56:12 --> 00:56:14
			is the more well-known position of ahmed
		
00:56:14 --> 00:56:16
			or whether the whether the oath is only
		
00:56:16 --> 00:56:19
			required for every claim Which does not need
		
00:56:19 --> 00:56:21
			two witnesses as is said to be the
		
00:56:21 --> 00:56:23
			position of so in one paragraph He summarized
		
00:56:23 --> 00:56:25
			so many different rules in in the court
		
00:56:25 --> 00:56:30
			in regards to um The Do you demand
		
00:56:30 --> 00:56:33
			an oath to every circumstance every scenario and
		
00:56:33 --> 00:56:35
			the dispute between humans or not?
		
00:56:35 --> 00:56:37
			So he gave different opinions over here and
		
00:56:37 --> 00:56:39
			the second one in regards to the rights
		
00:56:39 --> 00:56:40
			of allah subhanahu wa ta'ala He says
		
00:56:40 --> 00:56:41
			as for the rights of allah as for
		
00:56:41 --> 00:56:43
			the rights of allah Some of the people
		
00:56:43 --> 00:56:45
			of knowledge say an oath is not taken
		
00:56:45 --> 00:56:47
			for them in any circumstance Which is the
		
00:56:47 --> 00:56:50
			position of our colleagues and others and ahmed
		
00:56:50 --> 00:56:53
			stipulated that in the case of azzaqa Us
		
00:56:53 --> 00:56:56
			authority and hassan ibn salih and others said
		
00:56:56 --> 00:56:59
			that abu hanifa malik and they and ashafari
		
00:56:59 --> 00:57:01
			said that if he is suspect Then he
		
00:57:01 --> 00:57:03
			is required to swear an oath It is
		
00:57:03 --> 00:57:06
			similarly narrated of ashafari with respect to someone
		
00:57:06 --> 00:57:08
			who marries someone Whom it is not permissible
		
00:57:08 --> 00:57:10
			for him to marry and then later claiming
		
00:57:10 --> 00:57:12
			ignorance That he must be made to swear
		
00:57:12 --> 00:57:14
			an oath in support of his claim So
		
00:57:14 --> 00:57:16
			basically what some the summary of what he's
		
00:57:16 --> 00:57:18
			saying here in the haqq of allah subhanahu
		
00:57:18 --> 00:57:20
			wa ta'ala some they say no There
		
00:57:20 --> 00:57:23
			is no oath over here Because that's in
		
00:57:23 --> 00:57:24
			regards to allah subhanahu wa ta'ala between
		
00:57:24 --> 00:57:26
			you and allah azza wa jalla some ulama
		
00:57:26 --> 00:57:29
			they say well it depends In certain circumstances
		
00:57:29 --> 00:57:32
			such as for example dispute over marriage or
		
00:57:32 --> 00:57:34
			zakah or other, you know circumstances So just
		
00:57:34 --> 00:57:36
			a summary of this like I said, this
		
00:57:36 --> 00:57:38
			is a very technical actually hadith And if
		
00:57:38 --> 00:57:40
			you would like inshallah go and read the
		
00:57:40 --> 00:57:43
			discussion on your own And I hope inshallah
		
00:57:43 --> 00:57:45
			this explanation He will give you an idea
		
00:57:45 --> 00:57:46
			on how to understand when you read on
		
00:57:46 --> 00:57:47
			your own if you need any help with
		
00:57:47 --> 00:57:49
			that You can come back to us inshallah
		
00:57:49 --> 00:57:51
			next week inshallah We're going to be moving
		
00:57:51 --> 00:57:55
			to the next hadith Let's go to the
		
00:57:55 --> 00:58:20
			question inshallah It's
		
00:58:20 --> 00:58:23
			an interesting question so I had to go
		
00:58:23 --> 00:58:25
			to court and I made a mistake in
		
00:58:25 --> 00:58:30
			reporting my income So the court took away
		
00:58:30 --> 00:58:34
			my filing fee Should I donate that amount
		
00:58:34 --> 00:58:38
			of the fee back to the city it's
		
00:58:38 --> 00:58:40
			up to you I'll leave that for you
		
00:58:40 --> 00:58:44
			inshallah Any other questions because I didn't see
		
00:58:44 --> 00:58:50
			any questions except for this one Since we're
		
00:58:50 --> 00:58:53
			talking about these issues of Plenty of evidence
		
00:58:53 --> 00:58:55
			I need to bring to your attention what
		
00:58:55 --> 00:58:57
			has been of course circulating already on social
		
00:58:57 --> 00:59:00
			media also on whatsapp group in regard to
		
00:59:01 --> 00:59:05
			the case against one of the known famous
		
00:59:05 --> 00:59:08
			instructors of the of the quran which unfortunately
		
00:59:09 --> 00:59:12
			Came out to have violated of course the
		
00:59:12 --> 00:59:15
			trust of the the people they've been dealing
		
00:59:15 --> 00:59:18
			with And the trust and the amanah has
		
00:59:18 --> 00:59:23
			been given unfortunately with a very horrible accusation
		
00:59:23 --> 00:59:27
			of Of sexual misconduct and abuse that even
		
00:59:27 --> 00:59:30
			involve a minor as according to the indictment
		
00:59:30 --> 00:59:33
			So definitely as a as a religious leaders
		
00:59:33 --> 00:59:33
			in the community.
		
00:59:34 --> 00:59:36
			We're very distraught because of that Definitely we
		
00:59:36 --> 00:59:40
			condemn that with the strongest condemnation exploitation of
		
00:59:40 --> 00:59:45
			your position as a spiritual leader, whether it's
		
00:59:45 --> 00:59:46
			an imam or a quran teacher or whatever
		
00:59:46 --> 00:59:49
			that is Or taking advantage of course of
		
00:59:49 --> 00:59:51
			the people around you.
		
00:59:51 --> 00:59:55
			This of course, it's a horrible thing And
		
00:59:55 --> 00:59:58
			it should be Mentioned that it's as a
		
00:59:58 --> 01:00:02
			community We need to commit ourselves to justice
		
01:00:02 --> 01:00:05
			Making sure no matter no one above justice
		
01:00:05 --> 01:00:08
			and here in this situation If that of
		
01:00:08 --> 01:00:11
			course accusation has its proof and proof and
		
01:00:11 --> 01:00:13
			evidence which according to the indictment there are
		
01:00:13 --> 01:00:17
			actually Proofs and evidences as we've been explaining
		
01:00:17 --> 01:00:17
			here subhanallah.
		
01:00:18 --> 01:00:20
			So it really it makes us and feel
		
01:00:20 --> 01:00:23
			uh disheartened by this Uh circle these circumstances,
		
01:00:24 --> 01:00:26
			but definitely our commitment is always for justice
		
01:00:26 --> 01:00:29
			and protecting Our brothers and sisters in our
		
01:00:29 --> 01:00:34
			community and ourselves as well, too Doesn't depend
		
01:00:34 --> 01:00:36
			on people And I hope that people can
		
01:00:36 --> 01:00:38
			focus on their iman and in these in
		
01:00:38 --> 01:00:40
			these crisis and even the most righteous society
		
01:00:40 --> 01:00:42
			at the time of the prophet They had
		
01:00:42 --> 01:00:45
			to go through some of these accusations And
		
01:00:45 --> 01:00:47
			some people they failed really in these in
		
01:00:47 --> 01:00:50
			these tests So may allah keep us all
		
01:00:50 --> 01:00:53
			firm in our iman Really, I believe that
		
01:00:53 --> 01:00:54
			right now we need to focus on on
		
01:00:54 --> 01:00:58
			protecting the community And protecting the victims and
		
01:00:58 --> 01:01:00
			understanding that it's our duty to one another
		
01:01:00 --> 01:01:03
			to have It's very important for us to
		
01:01:03 --> 01:01:07
			have that inshallah and I really want you
		
01:01:07 --> 01:01:09
			to understand know that if there's anybody out
		
01:01:09 --> 01:01:12
			there that you know is uh Yeah, suffering
		
01:01:12 --> 01:01:16
			from this or being unfortunately affected by these
		
01:01:16 --> 01:01:16
			announcements.
		
01:01:16 --> 01:01:18
			We're here to help So we need to
		
01:01:18 --> 01:01:20
			talk about these issues inshallah ta'ala make
		
01:01:20 --> 01:01:22
			it very clear and may allah subhanahu wa'ta
		
01:01:22 --> 01:01:25
			'ala protect us all And bring the justice
		
01:01:25 --> 01:01:27
			to these victims and may allah subhanahu wa'ta
		
01:01:27 --> 01:01:29
			'ala Keep us firm in our iman and
		
01:01:29 --> 01:01:31
			always stand for that which is right