Umdatul-Ahkaam - Abu AbdirRahmaan Samir
16- Umdah Al-Ahkaam Book of Transactions- Chapter on What is Prohibited in Sales
[SPEAKING FRENCH] I'm my friend in a previous class discussing two narrations the author he mentioned from Ibn Omar, Ali Alahu, and Humma, and likewise a narration from Anis Ibn Imanik and Ali Alahu, and the clarification of some details, some detailed forbidden transactions that carry Gara, that carry Gara, and uncertainties, and affairs that are unknown, thus making them transaction-impermissible. The first narration was with regards to the hadith, which is known as hadith habil, had habil, and that is selling an animal in the womb, an animal in the womb that is not even born or alive yet, or even one that's in the womb, or even one that's the child of the child in the womb. We have seen details with regards to this in our previous class, and likewise the discussion of the narration, of the prohibition of selling fruits before they ripen. The hadith that we're discussing in our previous class of Ibn Omar, Ali Alahu, and the Humma, Naha, and Abhisatt allahu, Alaihi Wasalem, [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] Here we say fruits, but what is intended is the crops, not fruits like fakihat only, which may understand from the word fruits, the English language, the samurai, meaning the product, or the produce, of the plants, of the plants that yield fruits and crops, of the plants that yield fruits and crops. So dates are included, as has been mentioned, dates and dates and grapes, as well as grains, and also other crops as well are included. We discussed yesterday the kithan, which is the chiar, the cucumber, and the bad in jen, which is the eggplant, all of these type of crops that yield produce. And the life like this, this is what is being referred to. It's not allowed to sell it before. Clabatabudududu is salah. And again, the translation here is to mean that it ripens, but also some maybe they must understand what is intended by ripening. We discussed two points for the permissibility of selling. When it becomes permissible to sell these crops, one is budhu as salah, and meaning whenever they start to change color and to ripen, or they reach that stage, that is known that they start to ripen by changing colors, or by becoming soft, or by the sweetness being seen, and the water connecting inside of the fruit and the life like this. This is a clear evident sign now that it's beginning, that it's ripening, that it is ripening. Also, we mentioned along with that as well, that it would reach a period that normally the farmers, they know if the crops, they reach a certain level, any end their growth after that period. Many of the factors that they're exposed to are normally gone, or normally not considered, meaning it will pass a particular stage after that, although it's not time for harvest just yet. It's commonly known. With the people who have experienced that, the crops they're going to make it this season. The crops they're going to make it this season, although it's not entirely ripened. Although it's not entirely ripened. So somebody wouldn't say, for example, oh, there's some bananas in Walmart that are not ripened. No, they're ripened. But they're just not ripened to the taste that you like. This is not what is intended here. When we say ripening, we should've misunderstand. The term here is budhu as salah, meaning that it's good. It's clear, it's evident now that it's beginning to ripen, and it's good, it's going to be good for consumption, along with the fact that it's reached that period that normally the crops they'll survive after that. So here, the crop, maybe it hasn't completely ripened, meaning it will still be some time before the farmers, they harvest the crop. Maybe there will still be a period before the farmers, they even harvest the crop. So it's allowed for him to sell it now, and it's allowed for another purchase it now, even before they harvest. Even before they harvest, you will keep it on the crops, they will stay with the farmer, they will stay on the actual plants, and tell the harvest comes. But now they belong to them. Now it's allowed for him to sell them. Now it's allowed for him to sell them. Before that, it's not allowed for him to sell them. No doubt if he harvested them, then of course, and they're healthy and good, then it's allowed for him. It's allowed for him to sell them. So the point is now is that before this period of budu, a salah, which is translated to me in ripened, but maybe it's not intended what has crossed the minds of some, any ripening, meaning that it's completely, to this extent, that it's, for example, the banana is completely yellow and soft and sweet. Rather, there's a period before that, it's still considered ripe. It's still considered ripe and good and edible, and ready for consumption. But maybe it will sit, and if you let it sit, after it's spent harvest, it will even ripen more and become sweeter and sweeter. This is not what we're talking about. This is not what we're talking about. We're talking about crops that are in the field, crops that are in the field, selling crops that are in the field, selling crops, this is with regards to the farmers, farmers selling crops in an orchard, or in a garden, or in a field, and a life scientist, they farm these crops, when can they sell them? When can they sell them? They can't sell them until budu, salah. What does that mean? In the other narration we took from Anis of the Allahu anu, Hatay Asfar al-Yahmar until they become red or yellow. This was with regards to the dates. This was with regards to the dates, whenever they become red or whenever they become yellow. As for the grapes, whenever they become moist, and they also, you can see the water in them. You can see the water in them and they become moist, and you can tell that they have become sweet, and the other, and each crop, it has this particular way. It has this particular way. Any to ripen, or whenever it reaches this period when it's known, so every crop is different. Every crop is different. Allah Asfar al-Yahmar, he says, 'Ondoru ir-ath-amarihi' either 'ath-maraw-yane' 'Ondoru ir-ath-amarihi' either 'ath-maraw-yane' in the field, in the eye, in the common, you may know, look into these crops. 'Ondoru ir-ath-amari', look to these crops whenever it ripens and becomes good. It's whenever it ripens and becomes good. So these are from the signs of Allah Asfar al-Yahmar. These are from the signs of Allah Asfar al-Yahmar, from both aspects. What am I referring to? The Kauniyya and the Shariyya. The Kauniyya and the Shariyya. These are from the signs of Allah Asfar al-Yahmar in his creation, in his, in the universe, in the creation around us. You look into, look into these crops, and how they go from one stage to another, they begin a seeds, and then they grow. They grow, they're dead, they're not alive. But they came from something that's alive, and it's not dead. The seed, this comes from another plant. And then that dead seed that goes in the ground, and that dark area, and then water comes to it, and then it sprouts, and then it grows, and then it produces fruits. Fruit, it produces fruits. It's when it's red, and it's when it's yellow, and it's when it's green, and it's when it's, it's purple, and the lysite, it's when it's sweet, it's when it's bitter, this when it's a grain, this when it's a fruit, it's when it's a lot. 'Ondoru ir-ath-amari'i, yidah-ath-maru-yanya, in nafivar-ikum, the ayat in l'ikoman, yu-mi-nun, indeed. And this, there are signs for people who believe. So these are the universal signs, indicating the majesty and the power and authority and command, and the supreme knowledge and wisdom of Allah, and his great mercy, and his vast mercy. Subhanahu wa-tah-dah-dah, and he does what he wills. He makes this one red, and this one blue. It makes this one sweet, and this one bitter. And this one grows, and this one dies. This is the command of a-rabb, Subhanahu wa-tah-dah, and then these things that he causes to grow, that he brings into existence, that he creates and nourishes and sustains, Subhanahu wa-tah-dah-dah, their rulings with regards to them. For example, these crops, you can't sell them, until it's clear and known that they have survived the process of growing. And now, normally, they're going to be beneficial and good. And if a person were to buy them, he's not going to take any great losses or harms. And the likes like this, and normally, the transaction will be successful. And the buyer and the seller, they'll both profit and benefit. And both profit and benefit. As for before that, then there are ambiguities, and there are uncertainties, and there's different factors that are unknown, that many times will lead to disputes, and lead to dissension and the hearts. So therefore, it's forbidden. So these are from the legislative science of Allah, as I said, what you're indicating, his majesty and his complete knowledge, and that this is a religion that is revealed from above the heavens. That this is a religion in the law and legislation that is revealed from above the heavens, from above the heavens. So this is what we're discussing in our previous class. But the narration of Anis, it has some additional benefits. And we read again the author. He says, "Ananisibirimaliken of the Allahu Anhu. Anarasul Allahi salallahu wa'alayhi wasalam naha Anbei, naha Anbei Timari. Hatan tuzhiya." That the author, he mentioned the narration of Anisibirimaliken of the Allahu Anhu. He says that the messenger of Allah salallahu wa'alayhi wasalamhi forbade selling the Timar. The Timar literally translated means the fruits, but it's not intended the fakihat. There's a fakihat and there's a thamara. There's a thamara and there's a fakihat. The fakihat is a fruit. The fakihat is like an apple. It's like an apple. This is called fakihat, but it's also a thamara. So there's plants that produce fruits and crops. Those beneficial things that come from these plants, they're called thamara. Some of them are actual fruits and others. Maybe they are, others they are vegetables. Others they're vegetables, but that's the fruit of that plant. That's the fruit of that plant. It's a vegetable or this one is a potato or this one is a carrot and the lysite is. These are crops that are grown. All of this is included. All of this is included. Any of that they have to reach a particular stage and growth, that is lawful for them to be sold. So this is what is forbidden. Hatan tuzhiya. The thamara, any of the crops. The crops, the fruits of the plants and the trees and the lysite is. The messenger of Allah, sallallahu wa'adi. He was saying that he forbade selling them. Hatan tuzhiya. And hatan tuzhiya. So this is a word. Then the messenger sallallahu wa'adi, he was saying that he mentioned in this narration. The verb is asha, yuzhi. Ashi, asha, yuzhi, ashi, isha. And you can read this narration. Hatan tuzhiya, oh, hatan tuzhiya. Hatan tuzhiya. lilah wama tuzhiya. They said, no, it was said to him, what does that mean? And he asking about the interpretation of this word. What does that mean? Hatan tuzhiya, whenever the crops they make at his hat. So the prophet sallallahu wa'adi, he was saying to clarify the details. Kala, hatan tuzhiya mara. Hatan tuzhiya mara, until they become red. Until they become red, meaning until they ripen. Until they become red, meaning that, until they change colors. We've seen in our previous class from the means of identifying this period as that certain crops, they are one color, and then whenever they reach that particular stage in their growth, they change colors. They change colors. Un boru i de femarihi. I de'eth mara, woyene. This is all from the majesty and the power of Allah asha wajen, the power of Allah asha wajen. So this is the time whenever it's considered at his hat. And at his hat, this is the interpretation of budu. Asha la, budu, asha la. Any of the goodness now is seen in it. Meaning it's seen that it's going to be a successful crop. Be itna la hita ara, although maybe there's still some period left before it's harvested. Before it's harvested. So then the prophets of Allah, wahreh, it was some of him mentions. Qa'a ara'ate i de'a mana Allah wa tambara. Be ma'yas de'helu ahadukumala arahi. Do not see that if Allahi forbade the fruits, if he forbade the crops, any from producing, if he forbade the crops, any from producing, and from yielding, or from any benefit. Be ma'yas de'helu ahadukumala arahi. And what manner will you consider the wealth of your brother lawful? And what manner, how could you consider, how could you consider the wealth of your brother lawful? This here is the wording of adi man mustam. The wording of buhari, be ma'yachodu, ahadukumala arahi. How will one of you take the wealth of his brother? The wealth of his brother. Meaning if a person, he sold the crops. And a man, he came and he purchased it. He purchased the crops and then the crops are wiped out. And so the buyer, the buyer, he gave the money, the seller, the farmer, he received the cash and he handed over nothing in return. He handed over nothing in return. Or handed over half of what was paid for. Or the value and the quality of the crops was much less than the price. And what was considered in the price, or what was expected in the final outcome because of a disease, or because of a plague, or because of cold weather, or because of rain, or because of severe winds, or because of a drought, or because of great heat, so on and so forth. Something happened in the process. And now the person who purchased that, he did not get what he had paid for. He did not get what he had agreed upon. So that is going to lead to disputes. And even if there is no disputes, it's going to lead to this person's right being violated and in injustice. And likewise going to lead to someone eating the wealth of the people unlawfully. Taking the wealth of the people unlawfully. And all of this is forbidden. And all of this is forbidden. So from the benefits of this narration here, number one, the prohibition of this affair. And this has proceeded. And we discussed that in our previous class. And also from the additional benefits, but from the additional benefits that people of not as they mentioned, but from the additional benefits that people of not as they mentioned, we see here that a person is asking, asking for details. What does this mean? Well, what does this mean? What matuzhi? What matuzhi? What does that, what does this word mean? So whenever there are legislative rulings and the likes like this being discussed, if a person he's unaware of something he will ask. If he doesn't know the meaning of a word, or he doesn't understand it in this context, or he's just unaware of the issue in the likes, or if he had a misunderstanding or misconception, or a doubt with regards to that, then he will ask, he will ask the people who are qualified. So this is something good. So it's legislated in a good way for a student to seek an understanding from his teacher if the teacher is teaching. And all of this is with proper manners and in proper time. All of this is in with proper manners and proper time. Any for asking questions, so on and so forth. But in any case, this is a good way. This is from seeking knowledge to ask. If you do not know, if you do not know, also in this narration here, a number of the people of knowledge have derived the issue. This is the issue in the religion that the people of knowledge they discuss. And if you had a [INAUDIBLE] this means relief because of calamities. Relief because of calamities. So here, if there's a calamity, if there's a calamity that befalls the crops, for example, and a person, he had purchased the crops, but then before he can receive them, something happens to them. Before he can receive them, something happens to them. For example, he purchased them after it's lawful for him. But they have not harvested yet. They have not harvested yet. And after that, a great rain comes and drowns them out and they all die. They drowns them out and they all die. So what will we say at this point now? We say that the prophet said, [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] Do you not see that if Allah forbids the crops from producing and yielding, then in what manner will you consider the wealth of your brother lawful? Will you consider the wealth of your brother lawful? So therefore, the wealth is not lawful here in this case. The wealth is not lawful here in this case. And so this is an issue that people of knowledge have differed with regards to. But in any case, this is what is evident here. This is what is evident here. And this is the position of the [NON-ENGLISH SPEECH] And also [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] He mentions in his commentary on this portion here. He says, [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] That the calamities that happen with regards to the crops, then the liability is on the seller. The liability is on the seller. [NON-ENGLISH SPEECH] And even if the purchaser, he freed the seller from that in the contract. And he meeting if the person, he bought them. And whenever he bought them in the contract, he says if something happens to the crops, you're free of liability. He's saying here that that condition is not accepted. That condition is not valid. Rather, the seller, he's liable in every case, initially. Rather, the seller, he's liable, initially, in the origin. There are some details that we discuss [NON-ENGLISH SPEECH] So therefore, if there are calamities that befall the crops, then the liability is on the seller, the owner of the crops. Then he's the seller, the one who is selling. So then the author, and then [NON-ENGLISH SPEECH] he makes a number of examples likewise. And in comparison to this ruling, other issues that take the same ruling. [NON-ENGLISH SPEECH] And likewise, the things that are sold by way of the kill, the kale, by way of the kale, which is the volume, is selling by volume, or by weight, by the resin, or by the ad, by counting them, or by counting them, or by the dara, which is measurement, before receiving them, before receiving them. So items that are sold in this manner likewise, if something happens to them before the person who purchased them receives them, and he gets his hands on them, then likewise, the liability is on the seller. The liability is on the seller. There are details. They're all details. But this is the origin. This is the origin. If a man, he said, I'm going to sell you a pound of this, or a pound of that, or I'm going to sell you this many phones, for example. And then he purchases them. But he says, well, I have to bring them from the store. And then when he gets to the store, the store is robbed. The store is robbed. Who is liable? The seller is liable, not the purchaser, not the purchaser. He purchased them, and there he is. But he did not get his hands on them yet. And he did not have the ability likewise. And so the liability remains on the seller in this circumstance, in this circumstance. This is an example of that. This is an example of that. So likewise, he says, [NON-ENGLISH SPEECH] And likewise, something that is sold by description, or somebody has seen it before, meaning that he purchased something based upon a description that he's seen, or he actually seen the item before. He purchased it. And then whenever he purchased it and he received it, it's contrary to the description. It's contrary to the description. Who's liable for this? The seller, the seller, he's liable for this. We discussed this before. This was [NON-ENGLISH SPEECH] Whenever a person, he purchases something based on a particular description. And then whenever it arrives, it's contrary to that description. The seller, he has to rectify that. He has to rectify that. He has to give the money back, or he has to pay the difference between the item and the manner that was purchased and the manner that it is now. And this is up to the option. This is according to the option. Or the option is given. And the option is given to the purchaser, to the purchaser. So this is an example of that. And all of this is coming from the similar rulings. All of this is coming from similar rulings and understanding. He says, [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] And likewise, the same ruling, if the seller, he prohibited the buyer from obtaining the item unlawfully or unrightfully until it was destroyed, until it was destroyed. So if he purchased it, but then something happened, and the seller did not let him actually get his hands on the item, he did not let him obtain the item until something happened to the item, now the liability is upon. The seller, although it's his, it's his item, it's his ownership. And he purchased it, so now the ownership goes to the buyer. But the seller, he oppressed him, or he did him wrong, and delayed him in obtaining and getting it in his possession. And in that period, something happened to it. In that period, something happened to it, it was destroyed. And the likes, or was stolen or was lost, so on and so forth. And then the one who's liable, in this case, is the seller, is the seller. And then whenever we ask for the evidence and proof, all of this is going back to this narration here. [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] Do you not see if Allah forbid the prophet, hear the prophet, the thamara, right? The thamara, the fruit, then in what manner do you consider the wealth of your brother lawful? Do you consider taking the wealth of your brother lawful? Meaning that it's not lawful, you're taking it unlawfully. You're taking it unlawfully. [NON-ENGLISH SPEECH] These eight things here, if they are destroyed before, if they're destroyed before the purchaser obtains them and gives them in his hand, obtains them and gives them in his hand, and the liability is upon the seller. The liability is upon the seller. He's saying there's eight affairs here. What are they? Number one, the crops. The crops that are destroyed because of a kinemity. The crops that are destroyed because of a kinemity, like rain, or wind, or snow, so on and so forth, or a fire. And the light side, this was number one. Also something that's sold by volume, or by weight, or by number, or by measurement. How many is that? That's five. That's five. Before getting one's hands on it, before obtaining it, if it's destroyed, likewise. Also something that has a description, or it's been seen before, and then it comes up contrary. That's number seven. And then if the-- that's number? Number seven, and then if the buyer prohibits the much study from purchasing, from obtaining it unlawfully, from obtaining it unlawfully, then all of these are examples here of how this narration is applied. All of these are examples here of this ruling that is derived from this narration. The issue here is called [NON-ENGLISH SPEECH] This is relief from kinemities. Any [NON-ENGLISH SPEECH] the rights, the payment, from the because of the kinemities. The people of not as they mentioned some important points here, the law built. Any for this relief of kinemities. Number one, they say, and [NON-ENGLISH SPEECH] and [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] The crops or the things that will be destroyed from a general kinemity. Any from [NON-ENGLISH SPEECH] or [NON-ENGLISH SPEECH] Any from the winds or from the rain or so on and so forth. Something that's out of the hands of the people. That's out of the hands of the people. Number two, [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] That it will be destroyed before the purchaser has the ability to obtain the item. Has the ability to obtain the item. As for example, the farmer or the seller of the item, he has the item ready. And he tells the purchaser, your item is ready. It's available. You can pick it up any time you like. I can meet you. So on and so forth. He makes the item available for him. And it's ready for him. He says, you know what? I'm busy right now. I'll come tomorrow. I'll come tomorrow. And then something happens to it in that period. Who's liable now? Who's liable now? The buyer's liable now. The buyer's liable now. Because the seller, he has fulfilled the rights. And he's not negligent here. Rather, he has facilitated the affair. And the purchaser, he made a decision to not come get it and do time. And something happened in that period that he had initiated and allowed, therefore, the liability is on him. Is on him. All of these affairs are clarifying the great details of our religion on [NON-ENGLISH SPEECH] So, [NON-ENGLISH SPEECH] before, the purchaser has the opportunity to benefit from the item, from the item. As for if he had the opportunity to benefit from it or to obtain it in the life like this. And it was ready and available for him. And he delayed, or he was negligent himself, then the liability is on him. Then the liability is on him. Number three, [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] That item will be destroyed and will be lost. And the fact that this occurs, this is outside of the intention of the purchaser. The purchaser has nothing to do with this. He did not intend that or did not want that, nor did he have a hand in that whatsoever. He did not have a hand in that whatsoever, like the rain, for example, come and destroy that. Or a thief came, for example, or a fire wiped out everything. And the life like this, he did not have any hand in that. And he did not intend that. Likewise, then now the issue here, or the liability will be on the seller. The liability will be on the seller. So again, driving from here, [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] So if the purchaser, he was negligent, he was negligent. In harvesting those crops, for example, the farmer, he told him, he said, your crops are ready. You come harvest them. The crops are ready now is the time. They're ready for harvest. They're ready for picking the life like this. And he didn't come until something happened to them. Now the liability is on, on the buyer, on the buyer. The liability is on the buyer. Or if they said, your items are ready, come pick them up. And he said, I'll be there tomorrow. I'll come next week, where I'm not able to come now. And the life like this, and then something happening in that period, then the liability is on, on the buyer, on the buyer likewise. And the principal here, we had taken previously. And this is from the beneficial coefficient here in this chapter of buying and selling. [NON-ENGLISH SPEECH] And that means that the profit, the obtaining profit, this goes along with liability. Obtaining profit goes along with liability. So the one who is going to make profit from the item, he's the one who's liable for it. He's the one who's liable for it. So in Haraju, this is a fundamental principle, that the profit, making profit, obtaining profit, this is a company with liability. So he will take the profit and gain that he obtains from his item. And likewise, he will bear the loss of that, the loss of that. So we'll not say, oh, if you sell it, you get money for that. But if something happens, it's on him. La, it goes both ways. It goes both ways. [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] He has the right to benefit from it. And likewise, he will take the loss for it. This is what the man means, liability, liability. So here, the crops, the point discussing now, the crops, although they have reached that initial stage, they have reached that initial stage. If something happens outside of the hands, or the intention of the much steady, and they're destroyed, for example, by calamities, then the byman is still upon on the seller, still upon the seller, right? It's still upon the seller. Because they're not completely ready. He's not able to deliver. So the purchaser, he purchased them. But they're still in the field. And he's waiting until the day of harvest to collect his purchase, to collect his items that he purchased. You understand the point they were making? So they reached a period now where it's allowed to sell them. Everybody with me? And he purchased them. Somebody purchased them. And then in the next-- now, maybe there was a week, two weeks, three weeks, a month, whatever, before the day of harvestism, before they're actually going to be ready for harvest. And that period, something happens to them. Outside of the hands of either one of them, then the liability is on. The farmer, on the one who's selling. On the one who's selling. And this narration here is the evidence for that. So we were discussing-- there's another wording likewise in Sahih Muslim. And there's another narration likewise in the same light. In Sahih Muslim from the Harita Jabir, [NON-ENGLISH SPEECH] The professor said a lot of time, he said, [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] [NON-ENGLISH SPEECH] The professor said, [NON-ENGLISH SPEECH] He said, if you sold to your brother some fruit, some crops, and then a calamity befell them, it is not allowed for you to take anything from him whatsoever, any surprise of those crops. And then the professor said, [NON-ENGLISH SPEECH] How could you take the wealth of your brother without right? How could you take the wealth of your brother without right? So here, the professor said, [NON-ENGLISH SPEECH] was clarifying that the wealth is taken without right. Without right. Without right. So that means that liability is upon him, upon him. So those crops are still in his position, and he is the one who's going to benefit from them and sell them. If they're good, he's going to make the profit, and he's going to benefit from that. So likewise, he's still liable. He's still liable. Likewise, he is. Still, he's still liable. So in our previous class, we're discussing the issue. Here, another benefit that's also found here, it's in the same narration. We discussed it yesterday that this is an indication that it's allowed to sell after Budu Salah. It's not allowed before that, but after that it's allowed. It's not allowed before that, but after that it's allowed. So this is the clarification. Likewise, of the good teaching of the Prophet [NON-ENGLISH SPEECH] when people are engaged in transactions and dealings or things that are haram, that they're shown the right way, that they're shown the right way. We don't do it before this time, but after that time you do it. [NON-ENGLISH SPEECH] You sell it after that period is good and lawful, and you make money in this manner. This is good. And you cooperate upon this affair, upon riot, piety, and righteousness in this manner, by selling it crops. And this way, Hamdulilah, Hamdulilah. We know that maybe we don't realize that today, but much of the wealthiest people, they are farmers, farmers. The people who have farmland. The people who have farmland, they make a lot of money. Farming is agriculture, and the likes like this much. This is a very prosperous business. To be involved in agriculture, and farming, and to have farmland, and to have farm animals, and the likes like this, they have fields. They have fields of crops, and they all are eaten by the people daily, by the people daily. They crop, they work in their fields, and they grow their crops by the permission of Allah as a wajir, and this is a great business. This is a great, great business, and a great means of earning a living, of earning a living. So it's allowed to sell the crops, but in this manner, in this manner, after this period has come, known here as buddhu, asala, buddhu, asala. So we've seen here, we've seen in our previous class, that also, that it's not, so we've seen now, we've seen it's not allowed to sell the crops before that, before buddhu asala, before the good, the maturity is clear, it's become evident. But there's an exception to that rule, just like it's forbidden to sell the animal and the womb of the animal, the baby, the fetus, and the womb of the animal, but there's an exception to that likewise, when is that? If you buy the whole animal, if you buy the mother animal, and she's pregnant, it's allowed to purchase the animal. Now, it's allowed to purchase the animal now. Likewise, if somebody, he has a farm, or he has an orchard, for example, he has an orchard, a field, full of crops, full of crops, and they have fruits on them, or they have fruits on them and the life scientists, but they have not reached that period yet, but they have not reached that period yet. It's allowed for him to sell that field, or to sell a portion of the field, or to sell one tree, for example, he can sell a tree, also he does tree for such and such and such. So somebody can say, oh, but the crops here, they're not mature yet, they're not mature yet, they're not mature yet, and I said, no, this is allowed here. This is allowed here because he's not selling the crops. He's selling the tree with the crops on them. He's selling the tree with the crops on them. So now the crops are not being purchased any independently, rather they're being purchased secondarily, and what is being purchased initially is the actual tree itself. So likewise, the animal, (speaking in foreign language) if there's a cow, for example, and the cow is pregnant, and the cow is pregnant. You couldn't say, I'll sell you when that baby is born, I'll sell it to you for this much. Is this lawful? Why is it not lawful? Because, because of the (speaking in foreign language) Right, so we all know the ruling there, but we wanna make details, 'cause some people, they still maybe don't know the details. What does that mean? Maybe it'll be a miscarriage. Maybe the animal was going to die. Maybe it will come, maybe it'll be born dead. Maybe the animal will be born dead. Maybe the animal will be born sick. Maybe it'll only have one, three legs, for example. Something will happen to it, it'll come out deformed, or maybe he's expecting for it to be a female cow. It came out of a male cow, so on and so forth. He doesn't know, it's not certain that the existence of the item for sale. It's not if no one is sure that the animal's gonna give birth successfully, and the cow, the baby cow, the calf is going to be even alive. So no one knows this affair, so therefore it's forbidden. If that's the case for the calf in the womb, then the calf that's not even born yet, as we discussed in the previous class, some of the interpretation, that the habitat is not studying the calf in the womb, but rather the calf in the womb will be born and then grow and be impregnated, and then give birth, this is the one that's for sale. So this one is even greater and further away from knowing the reality of that, and maybe initially the animal will be born, the animal will be born, but maybe it's a male, so it can't give birth, right? So it can't give birth, or maybe it's a female, but then it dies, but then it dies, or maybe it's a female, then it grows, and then it gives birth, and the animal dies. It gives birth to a dead animal, for example. There's so many factors you can that an ambiguities and uncertainties that now, this is not allowed. This is not allowed for this reason, for this reason. We'll save this question for this reason. It's not allowed for this reason, but if you're going to buy the animal, the mother animal, while it's pregnant, it's allowed. It's allowed, right? Because you're purchasing the animal, not the one in the womb, you're purchasing the mother, not the one in the womb, right? The one in the womb is coming along because you can't purchase the mother, except if you purchase the, right? The animal in the womb of the mother. So the mother's pregnant, so when you purchase the animal, the mother, then this other animal's falling along. This other animal's following along. We understand the point, same thing with the trees, same thing with the crops. So you can't sell the crops that are not mature yet, but you can sell the trees that have crops on them that are not mature yet, they're not mature yet. So the people of knowledge that derived the principle from this, what was that? (speaking in foreign language) (speaking in foreign language) (speaking in foreign language) That it's allowed, something is allowed, any following, following, or as an attachment, coupled with something that's not allowed independently. It's not allowed independently. So it's not allowed to sell those crops independently before they mature. It's not allowed to sell the animal in the womb, until it's born, right? Independently, but if you buy the mother animal, while it's pregnant, this is allowed. This is allowed, this is allowed. If you buy the whole crop, the whole tree, while it has crops on it, now it's allowed. Now it's allowed, so that's your tree now. So if those crops produce, (speaking in foreign language) that produces yours, if something happens to the crops, then that's your loss because (speaking in foreign language) (speaking in foreign language) Now he purchased those trees. Likewise, he purchased the animal. So now if the animal gives birth to a life and a healthy baby at Hamdulillah, that's his benefit. He can use it, he can sell it, he can do what he likes to. If the animal dies or is born with problems or issues, then he takes the loss, he takes the loss. So there's no problems here. (speaking in foreign language) So now that he has gained the item and he has ownership over the item, then he will benefit from the benefit of that and he will take the loss from the loss of that. And there's no issues here for disputes or for problems. And there's no issues here for disputes or for problems. So there's wisdom in the safe here. (speaking in foreign language) And either the wisdom for this issue here, the permissibility of selling these crops in this manner or selling the animal in this manner. We've seen the reason why it's forbidden and the wisdom from that. The reason why it's forbidden and the wisdom from that is for freedom because of the (speaking in foreign language) and because of the uncertain factors and because many times it leads to disputes and it leads to problems and hatred and animosity, which is a violation of the fundamental principle of the religion that Allah calls to, to be united upon the deen, to be united upon (speaking in foreign language) property and correctly, inwardly, and outwardly, inwardly, and outwardly. So therefore that's forbidden. But whenever it's following, whenever these affairs are following behind another fundamental, then this is considered lawful. And this is from the flexibility of the legislation in observing all of the different rights and situations of the human being and the best interest of the people in buying and selling and the life scientists. So it's encompassing from all aspects. The legislation of Allah is the widget is encompassing your life and entirety. Before you're born, there are rights that are established to your life. There are rights that have been legislated established to your life. Your father is supposed to choose a woman, that deen. And whenever they have intercourse, they're supposed to remember the name of Allah and seek refuge with Allah from the devil. And the life scientists, all of these affairs, this is before the child is even born. Whenever the child is consumed, whenever the child is consummated in the life scientists or whenever the child is being born and becomes a fetus, there's a law with him. There's a law with him. If somebody hit the mother, for example, in the stomach and did something to that fetus, there's blood money. There's blood money, there's blood money, there's rights. There's rights, this is not allowed. There's a right for that fetus. There's a right for that fetus. There's a law and legislation prescribed that must be followed even for the fetus before it's even born. Then whenever it's born, likewise there's rights. And there's rights. And whenever it grows, there's rights. There's rights. (speaking in foreign language) There's verses about these are feared. Clarifying the details of how to live your life. How to live your life. And those who learn those details and they live by them and abide by them, they're the successful. They are the successful. They have a happy life. They have a good life. This is the means to have a happy life, a good life, to learn the legislation of Allah (speaking in foreign language) It's encompassing. It's encompassing. All aspects. All aspects. So from here, a Sufi'an Authority Rahim Mahalahi would say, (speaking in foreign language) If you're able to not even scratch your head, except with a narration, then do it. And if you're able to not even scratch your head in a particular manner, except by some narration that has reached you from the pious and righteous before you, then do it. And it doesn't mean to actually look for a narration about scratching the head. What it means is to be diligent to hold fast to the way of the pious predecessors. That you hold fast to the narrations that were handed down. The traditions of the messenger Muhammad (speaking in foreign language) was in the soon laws of legal ways and that which his companions were upon. (speaking in foreign language) After them, and the scholars of Hadith. And the scholars of Hadith, because the Sufi'an has been transmitted, and the Sufi'an is preserved. (speaking in foreign language) That indeed, Allah, he says, indeed we have revealed the reminder, the (speaking in foreign language) and this legislation alone is Quran. And indeed we're going to preserve it. So the Quran is preserved. And the Quran is preserved. The recitation is preserved. The words they are preserved. And likewise, the law and legislation that is found there and is preserved. With the preservation of the Sufi'an, and likewise, the Arabic language. We have seen this in a number of other classes. So from the wisdom of this, of the permissibility here, of these exceptions selling these items. Meaning the principle. (speaking in foreign language) (speaking in foreign language) (speaking in foreign language) So this is to actualize the best interest and benefit and to minimize disputes and problems. Because whenever you sell these items by yourself, now there's (speaking in foreign language) and this leads to disputes and leads to problems. But whenever they're sold along with an original item attached to it, or coupled with it, not intended for itself specifically, now that Allah is gone. And likewise, the problems that come about from that are minimized, are minimized. And there's great benefit for both people involved now. Also from the benefits of the wisdom. The benefits and the wisdom of this legislation here, (speaking in foreign language) This is also from the fundamentals of the religion. (speaking in foreign language) (speaking in foreign language) Allah has not made any hardship or heritage difficulty in the religion. So the Islamic legislation observes facilitating and making affairs easy. And not being harsh, not being harsh. So the straight path, the Sharia (speaking in foreign language) is a balanced and moderate path between harshness and extremism and between negligence, and between negligence and heedlessness. And therefore the religion is, and therefore the legislation, is a legislation, is flexible, is flexible. The Prophet (speaking in foreign language) (speaking in foreign language) I was sent with it, (speaking in foreign language) And you meaning that (speaking in foreign language) The creed is firm. The creed is established, does not change. There's no flexibility in the creed, (speaking in foreign language) Not even from one prophet to the next. All of the prophets have the same creed. All of the prophets have the same creed. But the Sharia is considered somehow. (speaking in foreign language) Sharia (speaking in foreign language) The creed is (speaking in foreign language) and in pure Islamic monotheism. Nothing is worthy of worship except for a lot, with no partners. As for the legislation, sem has easiest, facilitated. It's easiest, facilitated. If there's ever necessities or hardships or difficulties, then ease comes. And the legislation widens and becomes easier. And then if things come back to normal, then it goes back. It goes back to the original standard, to the original standard. So this is often the beauty of our Islam. From the beauty of our Islam, (speaking in foreign language) (speaking in foreign language) (speaking in foreign language) Also see (speaking in foreign language) Observing and preserving the rights of the people. So this is something clear in the legislation of Allah (speaking in foreign language) to observe, to preserve the rights. So whenever the rights could be neglected, or they could be taken advantage of, and the other situation, then it's forbidden. But whenever the rights here are observed, and whenever they're allowed, (speaking in foreign language) because now the rights they're preserved, and they're maintained. The rights are preserved, and they're maintained. So in closing these narrations that we had discussed in the last two classes, these narrations here, we can summarize a benefit that they collectively establish the principle of regulating trade to ensure fairness, and prevent harm, and to minimize disputes caused by uncertainty and transactions. And to minimize disputes caused by uncertainty and transactions, these narrations here, collectively establish the principle of regulating trade, and of regulating trade to ensure fairness, and prevent harm, and to minimize disputes caused by uncertainty and transactions caused by uncertainties and transactions. And the brother he had a question, he was before you. (laughing) - Yeah, you understand that when you look at the fact that when you're out the way, you don't need to get taken into account when you put it in the street. So as you would just be in the street, you can probably just put it in, when you need to cool in, and you can kill, you can kill. - The owner. The owner, everything is on the owner. Yeah, he says he's street, he owns the street. You have to take care of it. You have to take the liability of that is on the owner. The liability of that is on, if you purchase a car right now, who has to pay for the guess? Why? Because you own it, because you own it, right? So, (speaking in foreign language) It's also from another narration, it's about another subject, but it's the meaning of similar. So this (speaking in foreign language) So he is liable for that tree. This is the (speaking in foreign language) So it says he owns that tree, he's liable for that tree. So he has the water, he has to take care, he has to prune it, and either he has to do that with his own hands, or he has to pay somebody to do that for him. You understand? He has to pay somebody, but the responsibility of that is on him. Responsibility of that is on him. Well, and a lot of those best. If he owns it, yes, yes, yeah, he has to take care of all of that. If he owns the tree, then what is related to what he owns, he must take care of it, he must take care of it, yeah. Yes. No, the contract cannot be on something that's unknown. The contract cannot be on something that's unknown. You can't make a contract, any of the contract, the business contract, cannot occur on something that's curious about. You understand? Yeah, the contract, this is what we're talking about. This is what business is, buying and selling, it's a contract. So right now, for example, if you go into the store and you buy some milk, you just made a contract. That's considered a business contract. In Islam, this is called (speaking in foreign language) So you gave him this one, and he gave you that one, then you have a mutual agreement that you bought this milk for 250. And you gave him the 250 and he gave you the milk. Now the milk is yours and he has a 250. This is a business contract that just occurred. And I said, we're doing these things daily. Sometimes people think about contract, we're just gonna write it down and you're gonna have all this things. This is definitely a contract, but it's more comprehensive than that. It's more comprehensive than that. So buying and selling is a contract. These are called (speaking in foreign language) No, no, no. No, this is a contract likewise. No, no, no, no, no, it's best. No, this is part of a contract likewise. It's something that's unknown. (speaking in foreign language) After this, the author says, (speaking in foreign language) Now the author mentioned the narration of (speaking in foreign language) that he says the messenger of Allah (speaking in foreign language) He was telling me he forbade Talaki (speaking in foreign language) This has proceeded a few classes ago, going out to meet the caravan before they reach the market. (speaking in foreign language) And also that the resident will sell for the one coming from out of town. The one coming from out of town. Likewise, this one has proceeded as well. And then he says (speaking in foreign language) He said, I said to (speaking in foreign language) And the one who's saying this now is (speaking in foreign language) He says, I said (speaking in foreign language) What does that mean? (speaking in foreign language) And he's the one who shouldn't sell the (speaking in foreign language) He's the one who's a resident. He should not sell for the one who's coming from out of town. Even (speaking in foreign language) He says (speaking in foreign language) Meaning that he will not be a broker for him. Meaning he will not be a broker for him. Meaning that he will not be a middleman for him. So, Allah knows best this narration, it goes along with the narration that had proceeded. A few narrations ago about this issue. Some of the people of Nada said actually, and he pushed it there and mentioned it under that same issue. That about the prohibition of (speaking in foreign language) from the (speaking in foreign language) (speaking in foreign language) That has proceeded. So, the discussion of this narration and that which is related to these issues that have proceeded, the authoring mentioned this wording here from our this narration here from Ibn Abbas because of his interpretation. And he clarifying the meaning of it. So, the one who is a resident, and the one who's coming from the desert, he's coming into some of his items and the likes like this from the bedroom, from the bad year. It's not allowed for him to initially sell for him. And we've seen the wisdom and the issues about that. And then, Tawus is asking why, what does it mean to sell for him? He says that he will not be the samsar, that he will not be the samsar. The samsar is a broker. The samsar is a broker and he's a was sealed, the middleman. So, this is the interpretation of Ibn Abbas in all the law and who am I in our next class in inshAllah. We discussed the issue of samsala. (speaks in foreign language) Was sahabihi wa salam.