Rapid Fire Q&A – Is it permissible to short sell Stocks Q&A

Yasir Qadhi

Date:

Channel: Yasir Qadhi

File Size: 48.12MB

Share Page
AI generated text may display inaccurate or offensive information that doesn’t represent Muslim Central's views. Therefore, no part of this transcript may be copied or referenced or transmitted in any way whatsoever.

AI Generated Transcript ©


00:00:00--> 00:00:00

Well I

00:00:10--> 00:00:11

don't saw the how

00:00:15--> 00:00:19

many Mina mostly me.

00:00:21--> 00:01:01

Salam aleikum wa rahmatullah wa barakato Alhamdulillah wa Salatu was Salam ala Rasulillah who Allah Allah, he was behind Oman, welcome aboard. Welcome back after a bit of extended vacation time, we didn't do a q&a for a while. So today inshallah to make up for that I'm going to do a rapid round of q&a. So we'll be doing our questions as many as we can squeezing without a detailed answer. And as usual, you may ask your questions, and address them to ask why queue at Epic master dot o RG. So let us begin a couple from Indianapolis wants to remain anonymous and says that for personal reasons, not for religious not for theological, they have both decided that they do not want to have any

00:01:01--> 00:01:44

children. But they were told that this is not permissible in Islam to have this intention. So what is the response to that? The default ruling is that having children is encouraged. And it is something that Allah azza wa jal has expressly mentioned, as being of the greatest blessings of this world. And maluna zealot will head to dunya. And Allah subhanho wa Taala promises it is and blessings when we have children. In fact, it is human desire, it is an urge and default position in mankind, that they want to have progeny to love, and to be loved in return, and to pass their legacy down. And to have someone to take care of them in their old age, and to just make life easier to

00:01:44--> 00:02:24

live. And so no doubt that children is indeed one of the biggest and the most blessed blessings, in fact that Allah azza wa jal has given us, nonetheless, it is not obligatory, to aim to have children. And the maximum that can be said is that it is my crew, what you have decided to do, and you have given up a great blessing that most of mankind want. But as long as you do not bring in theology, ie, you say, for example, that, Oh, I'm worried who will take care of the children, financial wise, we don't have enough money, you know, you don't bring any some bizarre beliefs that, you know, there are some fringe movements that think that it is unethical to bring about children in

00:02:24--> 00:03:02

a world of evil, you know, as long as you don't have those types of beliefs, and you're simply for personal reasons, you know, people, people's massage people's perceptions of the world, and what they want to do, and not want to do is different. And some people you know, they might have not an inclination, they just don't want to be involved in children. So if you and your wife have decided this, and you take those precautions that you know, prevent children being born, the least that can be said, or I say the max that can be shared Is that is that this is something that is discouraged. It is mcru. But there is no sin on you. And I have to say that this is something of a loss, even of

00:03:02--> 00:03:46

the joy of living in this world. There is no pleasure after belief in Allah azza wa jal and Islam that brings more sense of fulfillment than family and loved ones. But if you have decided you don't want to go down that avenue, there is no sin on you and you're not going to be punished on the day of judgment. And Allah subhana wa Allah knows best. Our next question an anonymous husband emails, or I should say the husband wishes to remain anonymous. And he says that, after an argument with his wife, his wife abruptly left the household went back to her parents in another land and cut off all contact with him, that he has no means of getting in contact with his wife. And he is saying how can

00:03:46--> 00:04:28

a divorce now be finalized when one of the spouses is not present? The response to this is that, first and foremost, I urge you to, you know, I mean, obviously, it is mandatory for me to say so, and it is a part of our Slavic tickets as well that don't give up hope. See, if some type of solid can be done, always, as Allah says, will sort of hide bringing about reconciliation is good. Make dua to Allah and see if if it's best. Nonetheless, if the both of you feel that there is no hope, or if one of them has clearly indicated by what has just occurred and you are literally not in a position, you do not even know how to get in contact with your wife and what not. Then in reality,

00:04:28--> 00:05:00

technically speaking, for a husband to divorce his wife, it is not a condition that should be present in front of him. He may divorce her during obviously a timeframe where he is allowed to divorce her. What I mean by this is a purity between her two men says that they have not been intimate and according to the question, many months if not even a year has gone by since she has left and so clearly that is not an issue and therefore he may pronounce divorce and inform to close family friends or two witnesses.

00:05:00--> 00:05:43

Is that he has divorced this wire this lady and I am sure there are some mutual friends I'm sure you know Facebook or something you can figure out, get the message across that her ID has begun and they will begin from the moment the divorce is pronounced it doesn't matter even if they have not been together for an entire year. The ADA is not related to when intimacy last occurred. There it is related to when the Talaq was verbalized and finalized and initiated. So when the husband initiates the Talaq, and he says, I have divorced her and the two witnesses are told this timeframe, that is when the ADA begins, and after three menstrual cycles, then she is free to remarry, if she is in the

00:05:43--> 00:06:25

similar position, ie, if she is the one whose you know spouses have abandoned her husband has left her which is unfortunately also a very common occurrence, dare I say more common than the case that has come to me now that if a man simply abandons his wife and cuts off all contact, obviously, first and foremost, the man is doubly sinful. I mean, for a woman to do this is obviously not good for a man to do. This is even far more unethical because the man is obligated to take care of his wife financially. And the man is obligated to provide for his wife, for a man to simply abandon his wife and simply abscond if you like in this manner. No doubt this is a level of cowardice to be honest,

00:06:25--> 00:07:03

and the level of unethical behavior that is simply unbefitting of any decent human being much less somebody who claims to believe in Allah Subhana Allah to Allah and the follow the messenger sallallahu alayhi wa sallam Nonetheless, if a husband, you know, acts in this manner, and the woman is left without any contact, I don't know where my husband is. And she is aware that he has abandoned her. We're not talking about a scenario where once upon a time husbands would travel for work or whatnot. And we don't know what's there's no contact, there's no cell phones. No, we know from the context that the husband has literally abandoned his wife, and has wants nothing to do with

00:07:03--> 00:07:28

her. In this case, if she's in a Muslim man, she goes to an Islamic court, the court will know the marriage this is not a padlock. This is a first there's multiple ways to annul the marriage, you have the top rock, which comes from the husband, you have the holder, which is what the wife initiates and gives the money back. And then you have the first, which is from a third party, the judge will unravel the marriage because of circumstances like the one that

00:07:29--> 00:08:14

I've hypothesize where the husband abandons the wife. So in this case, a third party, if it's an Islamic country, it will be a court. If it is not an Islamic country, she may go to the regular channels of you know, non Muslim courts, but she must also go to a Muslim share for Adam or a local scholar or community or masjid and verify from them that yes, all the conditions have been met. And they will then take the role of the judge and they will pronounce that in this particular case we have attempted to contact the husband, it is clear he has abandoned the wife he is not taking care of her he is not sending any money to her. And so he has completely been negligent in his duties as

00:08:14--> 00:08:54

a husband, and therefore they shall issue a first an annulment and an unknown mint that is one month not three. So once the unknown mint takes place, one cycle, she will observe there isn't a one month meaning if she doesn't have her menses, if she has her menses it will be one cycle, and after that she may then remarry. So the bottom line to answer your question, it is not a condition for the spouse to be physically present for a divorce to take place, that it is possible for a divorce to be initiated by the husband or an annulment to be initiated by the wife, even if the other party is not present. Well Laputa either Adam,

00:08:55--> 00:09:27

brother Mohamed from Bangalore, emails me Bangalore India and asks about the Hadith of the Prophet sallallahu alayhi wa sallam law to suit Buddha Hara. For an a doubt, do not curse time for I am time or in another version for Allah is time. So in one version, it is in the first person. And in the second version, it is the prophet system saying do not curse time because Allah Himself is time. And he says how can we understand this hadith? Because clearly time is not one of the names of Allah subhanho wa taala.

00:09:29--> 00:09:59

Actually, to understand this hadith we need to understand pre Islamic customs, the Jah Hilli Arabs, they would blame bad occurrences on the time. And as Allah says in the Quran, will call you in here in LA higher tuna dunya number two under here warmer your lacuna Illa Dar, they would say that this is our life we live we die, and it's the only time that shall destroy us. And when something bad would happen to them, they would curse time they would curse time

00:10:00--> 00:10:46

Now we have to understand they're using the word time doubt, the way that you know, in early in, you know, medieval Europe, the term fate would be used. We don't use it anymore that much. But in Shakespearean plays, for example, okay, one would curse one's fate. Okay, this is the way that we're using the word adapt or time. So even though technically, we translate a Dahar as time, realistically what is meant is cuddle or fate. So when the Arabs would say, you know, I'm cursing time, it is the equivalent of, you know, a Westerner 400 years ago, you know, cursing his fate, this is the equivalent of what is what is intended. Or you know, like, you know, one would say in that

00:10:46--> 00:11:32

timeframe, you know, that one would say that I curse the day I was born a curse the day my mother gave birth to me, you know, something of this nature. And in reality, when you speak like this, what you are cursing, which you are speaking ill about is Allah's kadar. And so when the Prophet sallallahu alayhi wa sallam said Do not curse time, because Allah azza wa jal is a dar. Really what the Hadith implies or how it should be understood, is that do not curse your destiny, your color, because color comes from Allah subhanho wa taala. Other comes from Allah. So when you curse, Kedah, you are in reality or alula, Yanni cursing Allah subhanho wa taala, because Allah is the one who

00:11:32--> 00:12:20

decides other. And Allah is the One who decrees coddle. And so to say vulgar things against your fate, against time against your fate, is effectively saying vulgar things against the one who decided that fate, and that is none other than Allah subhanho wa taala. Now, to be clear, you don't have to be happy about your color. You can work to change your other. You can make dua to Allah to change your color, you should try to change something that is negative in your life. But you don't say something with your tongue against Kada. You do not say vulgarities against fate and against you know what has happened to you. You accept. For the time being you accept status quo, even as you

00:12:20--> 00:12:59

work to change the status quo. This is the technical fine line, status quo, something happens May Allah protect all of us somebody has been in an accident. You have to accept it. You have to accept it. Now your car is damaged, somebody is sick? Aren't you going to take that person to the hospital? You're changing? You're trying to change clothes? Aren't you going to work harder to get the car back? Yes. So you want to change the status quo of Qatar. But you do not say anything about what has just happened. That is negative. You say in the law, whenever a drone, Allah has the right to decide in decree, we will ask Allah for patience, may Allah subhanaw taala make it easy. This is what you

00:12:59--> 00:13:35

say. So this hadith needs to be understood that in reality, yes, I'm not saying it's an incorrect translation to say do not curse time. That's literally what the Hadith says. But I'm saying what we need to understand is that pre Islamic Arabs would use the word time, the way that we in the West would use the word fate and it has the same concept and connotation. And therefore, what is intended by this hadith is that we do not curse one's fate and one's destiny, rather, we accept it and do not say anything vulgarity or vulgar about it, and we can work to change it as we said, in the future, will la hooter Allah,

00:13:36--> 00:14:23

brother to clear emails, and he says that his hand is in a cast because of an accident that he has had. And it's not fully in a cast, but some portion is in some portion is not. So what does he do for will do? First and foremost, we ask Allah azza wa jal to cure you and to cure all of our sick and to protect all of us from any Muslim and calamities. Secondly, this answer is very easy. And this is something that pretty much all of the the meetups pretty much have this as a default position, which is that if a limb that is otherwise obliged to be washed, if it is covered for reasons beyond one's control, then in this case, one washes what one can and then does Mersa or

00:14:23--> 00:14:59

wipes over the rest, okay, so suppose you know, your hand is in a cast, let's say let's just say hypothetically, just up to the respond, let's just say that just this bit is in the cast, okay. In this case, you will wash the bottom part, this part that is open, and then with some very sprinkling water, just like it's symbolic, you will just do masa over the rest. Okay, now you can lift Allahu nevsun Illa Musa, Allah azza wa jal will not obligate on the soul more than what it can bear and you are forgiven for what you cannot do. And if you cannot wash a body part then you may

00:15:00--> 00:15:39

wipe over that body part. If you've been you're capable to do that, if you're not even capable to do that, for example, may Allah protect all of us a severe burn, for example, okay, a severe burn that is painful, and that even a drop of water might be harmful. In this case, you don't even do it. Let's say this area was burned, for example, and the Gaza is fresh and the wound is there. And any pain or touch is going to cause immense pain locally for long enough son in law wasa merge, and Allah Allah, Allah COVID Demon hemorrhage in the head Adina user, that all of these principles of the religion being easy are going to apply, and you wash what you can. And that area, if you cannot

00:15:39--> 00:16:06

even touch it, then symbolically just wipe over it just symbolically, and it will be accepted for you. And your prayer will be valid based upon that. And the same goes by the way, Sister Nilofer, also emailed and said that she has severe diabetes, and she has some something attached to her body that has to monitor constantly, she cannot pull it off. And therefore, what can she do when she does a hosel the same thing applies there that this

00:16:07--> 00:16:26

instrument that is there, that if you she cannot remove it, and it cannot go into the water, then she washes what she can, and she wipes around that area. And that actual area that is on her skin that you cannot remove the instrument from she is forgiven, and no problem is there. Allahu Taala item

00:16:27--> 00:16:38

our next question, brother Eunice from Vancouver emails and asks about mono and diglycerides in food products model and diglycerides.

00:16:41--> 00:17:27

And he asks whether these are permissible to eat or not. So, mono glycerides are a form of fatty acid along with triglycerides and diglycerides. And they occur naturally in some foods and are added to improve the texture and the quality and even the the shelf life of other food products. So sometimes they're natural. And in any product where they're natural, there's not a problem and sometimes they are added and mono glycerides are typically a type of well they are a type of fact either saturated or unsaturated and they are if they are going to be added to the food product, then they are extracted from plant or animal sources okay. And so, either plants, plant oils, plant

00:17:27--> 00:18:09

seeds, animal fats, they are extracted from them, and they are added as food additives to particular products sometimes they occur naturally. And usually when you purchase for example bread when you make bread, when the commercial manufacturers make bread or they make other things they will add mono and di glycerides what is the purpose of mono and diglycerides these substances are emulsifiers. What is an emulsifier? an emulsifier means that they stopped the water and the oil from separating they make the water in the oil make sure that they are combined together. And this makes it very very useful to many processed foods especially to lengthen the shelf life or to make the

00:18:09--> 00:18:14

texture to be more edible and easy to digest. And

00:18:15--> 00:18:21

the source of these as I said mono and diglycerides. According to a survey done by the FDA,

00:18:22--> 00:19:16

almost 70% of the emulsifiers that are used in food products are from the mono and diglycerides family. Therefore 30% are from other families but mono and diglycerides form the bulk of emulsifiers. and in Europe, any product from Europe, these emulsifiers are given the the the icon or the symbol e 471. And so in European food packages, if you look at the E products, ie 471 is what the mono and diglycerides are now, where is the origin of these mono and diglycerides. If you look at it Chemically speaking, the majority of monoglycerides are taken from soybean from vegetable sources, this is the default. Obviously anything that comes from soybean is halal. However, a

00:19:16--> 00:19:20

percentage comes from animals and

00:19:22--> 00:20:00

also it is extracted from animal fat. Now, I tried to look up the extraction process I was not able to find it in the brief survey or in the brief research that I did today. So we also have to look at the extraction process is the extraction process so radical that a transformation occurs such that it doesn't matter what the origin is, because in a longer q&a, I did go over the issue of the change that occurs of a chemical substance or compound that if a change occurs, then we don't care what the origin is. Because in reality, all of the atoms that we have

00:20:00--> 00:20:39

Have at one point in time might have been somewhere else, they're gonna go somewhere else, if a radical change occurs if a complete change occurs is called St Haida in Arabic, if a complete change occurs, we don't care about the origin. But if a change does not occur and is simply a physical extraction, well, then it does matter. But then we also have to look at another point. And this is the quantity of this product in the final item that we are consuming. And overall, again, you will have different methods and different schools and different opinions. If you ask me, my ad, my position has been consistently the same on this issue. And I have written an online article about

00:20:39--> 00:21:31

this as well. When the about the Doritos cheese I wrote about this, you can read that it is online. My attitude overall is that such can my position is that such catalysts and emulsifiers, whose origins are mainly halal, but some might be dubious, and whose presence in the final product is extremely small, that these types of emulsifiers and catalysts, they can be overlooked. We are not required to achieve purity at the molecular level. And it is okay. It's permissible to purchase a product that overall the product is halal. But there is a catalyst or there is an emulsifier that is point 1% point 2%, maybe even less or around this, you know, very, very miniscule percentages whose

00:21:31--> 00:22:18

origin is dubious. Now emulsifiers, as I said, majority of it comes from soybeans, perhaps some of it might come from animal, we don't know the extraction process, given all of these factors. And in particular, the undeniable fact that the quantity of these catalysts and emulsifiers is an infinitesimally small amount compared to the overall product, it is forget even 1% it is maybe point three or point four or maybe even less than this, given all of this, then my position has been that we should not make the religion so difficult that we consider a final product to be haram because of you know, a few molecules of dubious things that have been added for secondary purposes, we're not

00:22:18--> 00:23:02

talking about a salad with bacon bits in it that has been added for seasoning clearly that is haram. We're not talking about an item where vodka or rum or gin has been added for the taste clear that that is haram. We're talking about bread, or your group product or something that clearly the essence is halal. And there has been a catalyst or you know, equivalent of a catalyst, which is an emulsifier. And technically, an emulsifier is not quite a catalyst, but it acts like a catalyst, it's a very small amount that is meant to impact the final item, not for the taste, and not for you know its product, but so that the final product is able to be packaged the way that it is. And

00:23:02--> 00:23:09

therefore, the position that I hold is that there is an amount of color if there's an amount of extra

00:23:12--> 00:23:49

incessant level of piety that is actually harmful. When you look at the small quantity and you say the product is going to be haram because of you know, for the Doritos I calculated it to be one times 10 to the negative five, why like 0.00001%, for example, I said you're going to consider a product to be haram. You know, because of this, it is easier to make an argument that's something like Doritos are not good to eat because of health reasons. I'm not saying there aren't I'm just saying if you were to say that it would make more sense than to make them held on because of something as minuscule, you know, as the catalyst that was added from a dubious source. So in the

00:23:49--> 00:24:27

end of the day, we'll load the item. mono and diglycerides can be overlooked. For two reasons. First and foremost, the most important reason the quantity of it, it is not intended for itself. It's not intended for the taste. It's not intended, you know, to be something haram, it is done for a catalyst or emulsifier. And then secondly, the fact of the matter for mono and diglycerides. The default is that they come from soybeans, but a percentage we don't know how much 30 40% or 20%. A percentage might come from animals and even that animal we do not as of yet well at least I'm not aware of the extraction process. So it might even be highlighted even if it comes from an animal if

00:24:27--> 00:24:33

in the extraction process, a radical change occurs and Allah subhanho wa Taala knows best.

00:24:35--> 00:24:59

Brother Irrfan from New Jersey emails and asks about the shorting of stocks, is it permissible or not, is it permissible to short sell stocks or not? Now, short sale is a market transaction in which the investor borrows money from a broker and then sells the borrowed shares so it's not his the broker

00:25:00--> 00:25:53

lends him, you know, shares for a fee. So the broker will say, I will, you know, sell you or lend you, let's say, I'll lend you 100 shares of let's say, you know, Tesla, but you have to pay me for me from my lending this to you, and you guarantee me that you're going to pay me back the value that it is right now. Okay? Now, why would somebody do that, because the the, the anticipation is that this stock is going to decline go down. And so the buyer will sell at the lower price, he waits for the price to go down to the desired amount. After this, he will purchase the shares that he borrowed, and return them to the stock broker, and then keep the profit, okay. Now, if you didn't

00:25:53--> 00:26:13

understand all of that, then asked people who actually are engaged with this, the bottom line is that you are borrowing stocks from a broker, you are then hoping ideally, that the value of those stocks are going to go down. When they do you will then sell you will then

00:26:14--> 00:27:01

sell the stocks, and then you will purchase back and give back to the original owner what was his and you will then keep that percentage that was made as a profit. Now, the problem is that, actually, there's multiple reasons First and foremost, and the biggest issue is that you are selling something that you do not own. And our Prophet sallallahu alayhi wa sallam said that that, Melissa in that this is a famous Hadith, which is a principle of FIP do not sell which you do not possess. So you are selling the stock of somebody who has lent it to you, you don't own that stock. And this is something that clearly contradicts this explicit Hadith. Now, some people have added that there

00:27:01--> 00:27:41

might be some riba we some interest based issue involved. And that is, because when the person, you know, lends you his stock, you have to pay a fee. And some people say that's, that's the bogey. And then some people also say, there's an element of gambling taking place. And the second and third issues are not as big of a deal, we can find ways out that are not as problematic. But clearly, the first issue is highly problematic, because you are selling a stock that you do not own, it's not in your property, it's simply been lent to you. Now, the buyer is aware of this, but in the end of the day, it is the buyer that owns and the buyer is guaranteed to get back the amount that that you have

00:27:41--> 00:28:20

taken, and you're giving him some money to borrow it. So imagine borrowing $1,000, and then saying, here's $20, to let me borrow, and then you paid the 1000 back, and then you make a profit with that 1000, the goal is that you make a profit with that 1000, you give the money back, you give the $20 back, and ideally, you would have made maybe $100. So net profit, you give the 20, you get ad to yourself, and you have basically just, you know, transacted things that did not belong to you. Now, clearly, there are a number of problems here, as I said, but the the the most obvious problem is that you have engaged in a business transaction regarding an item or a commodity that you do not

00:28:20--> 00:29:00

own. And there's too much speculation. And this is why in our *ty transactions are meant to be something that is done by what you own, we try to minimize all of these dangerous areas where problems can occur. And the fact of the matter when you study these things in detail, you really are opening up a Pandora's box, and it is something that is problematic. And you're going to especially if you have that gambling, gambling syndrome, you know, you're going to want to do more and take riskier and get into more and more problems. And the Shetty aims to minimize these types of issues. He wants to close the doors for potential losses. Imagine if the price didn't go down and went up,

00:29:00--> 00:29:24

what are you going to do, you have to give that back. And that is going to be from your own pocket. Therefore, generally speaking, the default position of the fifth counsels that I have come across, and this is the vast majority position is that it is not allowed to short sale, the stock market and to engage in this type of transaction. Well, Allahu taala.

00:29:26--> 00:30:00

Our next question is, brother Mahmoud asks, especially in light of the fact that we have just begun the new Hijiri year today that is it permissible to congratulate one another over the beginning of the new Hijiri year? Or will this come under a beta or a religious innovation? The answer to this question, it really goes back to how you define data. And I have given a much longer lecture a number of years ago, you can find it on YouTube, where I go over the various definitions and who says what and what is their reasoning to say so and the

00:30:00--> 00:30:38

The fact of the matter is undeniable fact that based upon your definitions, you will then have different opinions. If you follow a particular definition of innovation, then you will find a group of scholars saying that it is religiously impermissible, it is a bid to congratulate people at the beginning of the new year, the Islamic New Year and to make dua for them. And then another group of scholars says that there is no religious innovation here. It's a cultural thing. There is no ritual that is done. It's not associated with rituals, it's simply a generic dua, and you may make generic to us at any times. And this is the position that I myself follow. And one finds plenty of Fatah

00:30:38--> 00:31:16

actually going back to Imam asuci, many, many, you know, a century ago, sorry, 600 years ago, Imam assumed it was asked about this question that should we congratulate people at the beginning of the new year, and he says that this is something that many people do, and you know, some scholars discouraged it, but the fact of the matter, Imam astutely says it is neither sunnah nor Buddha, it's not soon can't be sooner, because the prophets ism did not have the HD calendar, the way we have it. This was instituted in the time of Omen, the Allah one, the Hijiri calendar was instituted in the time of Mr. ruddy Allah one, not in the time of the Prophet sallallahu alayhi wa sallam. So clearly,

00:31:16--> 00:31:56

it is not a sunnah. At the same time, it's not a bit in the technical sense, because you do not do it as a ritual, you do not do it, you know, thinking that this is something that should be done, and it is a part of our religious heritage, it is permissible to have cultural rituals. So for example, how we greet one another after we say salam, there are phrases that every culture uses, okay, in order to do in Farsi and Arabic, you know, they're out of say, for example, a Halloween was a Halloween, for example, right? Is it wrong, you know, to say, you know, Helen was Sahana? And is it wrong to say no, it's not these are cultural things that various cultures have done, you say this

00:31:56--> 00:32:37

salaam you do what needs to be done. And then you may add your own culture in there. And these can be routine, those very strict scholars who tried to make these things as be that I have politely disagreed and said that in reality, one can pinpoint things that every one of these cultures does, that would also constitute without, according to their definitions, but they overlook it. And I've been trying to politely I pointed out that, in reality, their definitions of Buddha are not in sync with their own lifestyles and multiple things can be pointed out, that indicate that they are not actually fulfilling the letter of the law in their own definition of Buddha, or else it would change

00:32:37--> 00:33:12

their own lifestyles. And so I don't find this problematic whatsoever to make a generic request of dua, or to say, May Allah bless you in the upcoming year. You know, may Allah azza wa jal, you know, allowed this year, you know, to show you many blessings. It's a generic drop. And why would it be wrong to make a generic dua, I can make a DUA, now, I can make it tomorrow. And I can make it at any time. If you were to get a new job. And I say, oh, may Allah bless this job. Why is that? Not a better? Why is that not a bit? I wish I make this every time you get a job, and I link it to your job. If you get a new house and I say, May Allah bless you in this new house, for example, you know,

00:33:12--> 00:33:53

so again, these are worldly matters that have a little bit of religion in them. That doesn't make it religious innovation. These are worldly matters, the coming of a new year, the buying of a house, the promotion of a job in which you make dua for the person. Why is that wrong? Actually, it is very good to make dua for the person, use any excuse to make to offer the person and to greet the person with the greetings of Islam, no problem and therefore, these are worldly customs. And when it comes to worldly customs, you may do religious things about regarding them, as I said, Make dua without considering them to be part of the religion and it will not constitute with so it is completely

00:33:53--> 00:34:11

permissible to do so. And on this occasion, let me as well make dua that Allah azza wa jal bless us in this upcoming year of the Hijra 1443 that Allah subhanho wa Taala lift us from this, you know, COVID season that we are in and allow the Ummah to be in a time of glory and ease in this year.

00:34:12--> 00:34:41

Our next question is actually a very long one, but I will give the short answer today and maybe another time we'll give a longer answer brother Nawaz emails and asks about the very, very contentious issue of the triple Talaq does a triple product count as the triple? And so effectively the marriage is over? Or does it count as one Talak. Now, this is a very hotly debated question. And

00:34:42--> 00:34:59

one day, maybe maybe one day, I will give a much more longer answer in which I go with the evidences and who said what and the development of this question. But that's another day. This is the rapid q&a. And so I'm going to give the short quick and easy one. It is my

00:35:00--> 00:35:43

adamant opinion it is opinion that, you know, I try my best to be forceful. You know, I try my best to be gentle in many opinions. But in this issue and in some issues, I really do take a bit of a hard line stance and say really this should be the position. And of course, I respect all the Roma who hold their views, I respect them. But still, I forcefully say that the other view is dangerous and harmful, generally speaking, if two views are there, and they don't harm anybody, no big deal, okay. Bismillah but sometimes the view is actually harmful to people and the view that a triple Talaq effectively finishes the marriage permanently. And the children will be raised without a

00:35:43--> 00:35:46

father and the wife will not have a husband

00:35:47--> 00:36:33

is something that really has to be spoken out against a triple Talaq does not constitute a final ending of the marriage. It constitutes one divorce. Now, before I say more than this, I should point out that the triple doc by unanimous consensus of all dilemma is a sin. And it is an innovation and it is haram and a person should repent to Allah subhanho wa Taala a triple Talaq. Of course, for those of you who are unaware, it means that the husband says in one occasion, he says I divorced you I divorced you I divorced you or I divorced you three times he says it like that. We're not talking about the Talaq and then reconciliation and then after a few months another and then after a few

00:36:33--> 00:36:50

months, no, we're not talking about that. We're talking about in one occasion, you know, the man intends to do the triple divorce write that in there I divorced you or divorce or divorce you and he means he wants to divorce three times or he says, I divorce you three times that this type of Talaq is a

00:36:51--> 00:37:34

type of making fun of the Sharia of Allah subhanaw taala even though the man does not intend to make fun of but it is effectively a type of Sadia, another type of is the czar of the religion of Allah subhanho wa Taala anybody who does this must repent for doing something that is foolish, and something that is harmful. Now, again, much can be said this is the rapid q&a. The opinion that we've been Tamia, and a number of councils of our times is that this type of triple Paluch it is nonsensical and meaningless for a triple it is actually one divorce. And this is based on the famous hadith of Ibn Abbas in Sahih Muslim which is an authentic hadith that divorce in the time of the

00:37:34--> 00:38:17

Prophet sallallahu alayhi wa sallam, and at the time of Omar sorry, Abu Bakr. In the first two years of remodeled the Allah one, a triple divorce was counted as one. This is an authentic statement of a man above and so a Muslim, put up with wrath was counted as Wahida This is explicit that if somebody said I divorce you, I divorce you, I divorce you in this manner, that this would constitute one Talaq. Then Romana hotdog became angry at this. And he said that I'm going to translate effectively not verbatim and the students of knowledge know this hadith very well that we studied in a lot of detail when we studied the books that you can edit or whatever hottub said that people have become

00:38:17--> 00:39:01

lacks in an issue where, you know, they could have you know, they could have taken advantage of the concession of the Sharia, but they have shown a moral laxity. They have done something that they have not done, so we should penalize them by holding them to account for what they say. So, I'm gonna have a hot tub is saying, You guys are making fun of the Shetty. I'm not going to let you do this. I'm going to hold you to account you're going to say Talaq, Talaq Talaq, you know what, I'm going to consider it a triple Talaq just to make you guys understand you don't play games by this religion. So I'm going to the hotel had a way of wanting to curb triple products by inducing fear in

00:39:01--> 00:39:43

the people do not play games with the *ty out of Allah. And so he legislated as an act of law not as the Sharia of the Prophet sallallahu I said because the ruler can find you the ruler can you know do certain things back and forth to show the eye remains the same, but the ruler has siesta, the ruler has the right to do various things for time, temporary time period. So herbal photography, Allah one decided to make this the law of the land and because of course he is Omar Abdullah one and because he is the Khalifa and because it was the timeframe, so it became the dominant position and opinion and the four months I have adopted the fatwa of Ramallah photogra de la one because they

00:39:43--> 00:39:59

said hey, if he did it, who are we to oppose? But you see the times of Amara were different and the mind of the people of numerous time and their taqwa and the way they perceive this was different. And so they were frightened. Okay, we better not do triple Talaq, what has happened in our culture and especially

00:40:00--> 00:40:35

In the culture, I am from our Indian, Pakistani Bengali culture that unfortunately people don't even know how to give back. And so they will say Talaq, Talaq Talaq and they intend to triple and they say it in a state of anger. And then when they calm down, you know, the kids are crying, the wife is like, what have you done? And he says, oh my god, what am I going to do now? And they go here, and they're looking for fatwas. And the times have changed and ignorance has increased, and the man has gone down. Why ruin a family for the foolishness and stupidity of one man, and it is foolishness and I will not mince my words. And it is stupidity. And I will not mince my words, any man who does

00:40:35--> 00:41:13

this, will Allah He has not understood the sanctity of marriage, you don't play games. Nonetheless, he was foolish. He has to repent to Allah, his foolishness should not be penalized. You know, his children should not be penalized for his foolishness. The marriage should not be jeopardized because of his idiocy. And I'm being very blunt and a bit harsh here. Because again, you know, men, Allah has given you responsibility. If you fail to live up to that responsibility, you have fallen short, and you have to answer to Allah subhanho wa taala. Bottom line, this is rapid q&a, I have gone too long. And perhaps one day, I'll give a longer answer in this regard. But it is my

00:41:14--> 00:41:56

position that I stand firm on that we should not break marriages. And we should not bring about a sense of children without fathers and husbands and wives being broken apart because of a 10 second foolish phrase that the husband utters if a man or choose triple Talaq, this constitutes one divorce one divorce, and he should repent to Allah subhanho wa taala. And if he wants to take his wife back, take his wife back, and then Charlotte, the marriage will continue. And this is the position of many of the modern councils and it is the position of the Mufti of Saudi Arabia, and it is a position before him even 10 We have no claim and many greater odema Allahu Taala are them.

00:41:57--> 00:42:41

The next question, we have brother wires from Birmingham, UK, he says that what type of prize monies is acceptable in a competition, if he goes into competition, and he wins money? What type of prizes are acceptable? And when will it not be considered gambling? So the answer to this question is that if you participate in a competition, which is of course Hello, we're not talking about anything haram. Whether it is soccer, whether it is a Quran competition, whatever it might be, obviously, if you participate in a haram competition, like gambling, I mean, obviously, we're not talking about that, if the sport or the competition is halal. And the prize money is being given by a third party,

00:42:41--> 00:43:19

you are not giving your money, which is then being pooled together and then being given to the winner No, rather, you are participating. It's a free for all you walk in, you register your name, you know, and a third party accompany you know, multibillion dollar corporation or the local masjid or, you know, somebody else is saying, hey, whoever comes first we'll get this prize, whoever comes second, we'll get this prize work comes third, we'll get that price. In this case, it's all held in digit no problems. No question asked, however, if everybody is giving money, and their own money is going to be used for themselves. So if somebody gives $10, everybody gives $10. And then the price

00:43:19--> 00:44:00

is going to be if 10 People give $10 each, and the price is going to be $100. Now we get to semblance of gambling. And according to this have no claim and others, they have a very simple fatwa. Again, because this is rapid q&a, I'll just give you the final verdict. And if you want more details, you know, read it, and I'll tell you has an entire book on this and other alumni have given their photos on this bottom line summary. If the people are paying money, everyone is paying a part of the prize money. And the goal is that their own money is going to be pooled, so that you know the top winners get that money. In this case. If the competition is about a generic sports, let's say

00:44:00--> 00:44:49

for example, soccer, okay, there's 10 soccer teams, and they're all giving 100 You know, euros, 100 pounds $100. And the winning team will take 1000 So there's 10 teams playing. In this case, it is not allowed to have all of the teams pay money. And then the winner takes all unless at least one or more of the teams is not paying. So if 10 teams come together at random in an Islamic land replace at random wishes. Okay, that team, you pick a law, lottery, whatever, whichever you know, is you draw lots of shows up you draw lots and whichever team draws that one card or whatever, you're not going to pay the 100 pounds. So now nine teams are going to pay so 900 pounds for the winner. One

00:44:49--> 00:45:00

team did not pay we don't know which of the teams is going to win. Now we have removed the semblance of gambling. However, it will claim and others they say one exception can be made and that except

00:45:00--> 00:45:39

question is if the competition is inherently Islamic, ie memorizing the Quran, memorizing Hadith, and something of that nature, we may in fact open the door and say no problem. Everybody gives their fees. And then the winner takes all are the top three takes, you know, percentage wise, no problem because we want the Ummah to benefit in this manner. So this is the position of no claim, to summarize to conclude this question to summarize, if the prize money comes from a third party, and it's not coming from the pooled resources of the contestants, that you're not paying money, and then you're wanting, you know, a larger amount of it's your free competition, you know, and, I mean, if

00:45:39--> 00:46:20

there's a small fee for just registration $5, but that's not you know, the point is that it's just the, that money is not being pulled together for the price, and nobody gives the that money for registration for the prize money. If that's the case, and the prize money is coming from a third party, no problem. However, if the prize money is the cumulative amount that everybody puts in, then scenario one, if it's a generic competition, it would not be allowed unless at least one person or more is not paying the money. Or scenario two, it is allowed if the competition is inherently benefiting the OMA such as the Quran, competition and other competitions, and Allah azza wa jal

00:46:20--> 00:46:21

knows best.

00:46:22--> 00:46:51

Our final question for today, brother na Cyril from Minnesota says, Is it permissible to purchase extended warranties on a product I'm going to purchase an expensive electronic device, and I have the option of adding on an extended warranty? Is it permissible or not? The response to this question is actually as usual, very, very complicated. You can have two or three opinions out there, believe it or not, there's actually three opinions I can give you. Meaning to would say it's it's allowed

00:46:53--> 00:47:36

to say is not allowed. And that give different reasons. And when we say that it is allowed, or you can even not afford so depending on who you ask, but again, the rapid q&a, it really goes back to a person's position on insurance, and also a person's position on horror or uncertainty. And because this is rapid fire q&a, let me simply state that the position I endorse and it is the position of one of my teachers, it is also the position of one of the specialist economic fatwa committees based in the Middle East. And that is that if, at the time of purchase at the time of purchase, a warranty can be added either from the manufacturer or from the buyer doesn't matter to us. But at the time of

00:47:36--> 00:48:23

purchase, you connect the warranty to your purchase price, even if it's more in this case, it is permissible to purchase a warranty. However, if you're going to purchase the warranty afterwards, not related to your contract of purchasing the item and it is from a third party, in this case you are directly purchasing insurance. And generally speaking, we should not directly purchase insurance now somebody can say what's the difference, the difference between the increasing of the price of the product in return for extending the warranty versus purchasing the separate coverage is that the warranty in the first instance it is directly linked with the sale of the transaction the actual

00:48:23--> 00:48:39

transaction and the basic principle of Islamic field of Islamic transaction is that things may be overlooked if they are connected to a transaction in a way that they will not be overlooked if they are the purpose of the transaction, okay. So

00:48:40--> 00:49:23

you will default to terbang Mala Yota photo Austin, that that which is secondary can be overlooked, but if it was primary and the intended then it cannot be overlooked. Okay, now this might be, you know, considered to be duck a technical copout, or but in reality, it is what it is. And it is a valid point. And there are many examples from Hadith. To prove this point. There are many examples from the Hadith about sales and transactions that prove this point. Hence, the scholar state that the ambiguity the horror that is prohibited is that which has to do with the item itself, the main object of the transaction. So to purchase an extended warranty separate from purchasing the item

00:49:23--> 00:50:00

from another party after you purchase the item. Now, that is the goal. And so that's going to be not something that is encouraged. And generally speaking, I have a much longer video on insurance. It should be avoided, however, to purchase the item and then you say oh, there's a warranty. Okay, let me just add it on no problem. Now this is now attached to it is consumed by the goal is the item and then you've tacked on something and that wasn't the goal. That wasn't the intended point. The item is the goal and you've tack something on that is overlooked. I'm not saying it's encouraged. But you asked is it allowed? It's allowed because it's overlooked because it is subsidy?

00:50:00--> 00:50:41

groomed by the actual item itself and it becomes something that is Tauber that is a corollary and that which is a corollary can be forgiven whereas that which was intended might not be forgiven. This is the ruling that a number of famous alumni including chef have been Jubilee and others they applied it to this to this case. So, the bottom line if you are offered a warranty at the time of purchase, you may pay more for the warranty if it is included in the purchase price and it will be considered to be a corollary however, you should not enact a separate transaction at a later date in order to have the warranty and ALLAH SubhanA wa Tada knows best and with this we come to the

00:50:41--> 00:50:55

conclusion of today's q&a and inshallah Tada. We will continue with our regular more detailed q&a Next week Jacmel, low hit send on YT Allah he will Barakatuh what's going on longer fee a year.

00:50:57--> 00:50:58

Do

00:51:01--> 00:51:09

feminine Jaffe Romanian fella is gnarly he woman

00:51:13--> 00:51:21

is now Li Li Mani dunkel what Delco long hour Oh

00:51:23--> 00:51:25

II lady to show