Explanation of Hadiths from the Book *Umdat al-Ahkam*: The Chapter on Pledges and Others: And from Abu Hurayrah, who said: The Messenger of Allah (peace and blessings be upon him) said:
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The Reader: Praise be to Allah, and that is sufficient, and may Allah send prayers upon the chosen Messenger, and upon his family and his Companions, and upon those who follow them. As for what follows, the author (may Allah have mercy on him), al-Hafiz 'Abd al-Ghani al-Maqdisi (may Allah have mercy on him), said: From Abu Hurayrah (may Allah be pleased with him)...
The Shaykh : In.
The Reader: In his book *Umdat al-Ahkam*, in the chapter on pledges and others, from Abu Hurayrah (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said...
The Shaykh : Do you say "said" from Abu Hurayrah, or "narrated" from Abu Hurayrah?
The Reader: Narrated.
The Shaykh : Then, correct it.
The Reader: The author (may Allah have mercy on him) narrated from Abu Hurayrah, who said: The Messenger of Allah (peace and blessings be upon him) said, or he said: I heard the Messenger of Allah (peace and blessings be upon him) say:Sahih al-Bukhari 2402.
The Shaykh : Yes, this is included in the statement of the author (may Allah have mercy on him): "and others", meaning other than the pledge. It is that when a man becomes bankrupt, the rights of all his creditors attach to his property. The meaning of "bankrupt" is "impoverished"; bankruptcy means impoverishment. So if a person becomes impoverished and has debts to people, which of these do we prioritize? Do we prioritize the earliest? Or the largest? Or the smallest? Or what? We say this has rules.
The first rule: If one of the creditors finds his property in its original form with this bankrupt person, and it has not changed or decreased, he has a stronger right to his property than others. An example of this: A man sold a car to a person for fifty thousand, then this person who bought the car became bankrupt and had debts to multiple creditors. The car owner has in the debt of this bankrupt person how much? Fifty thousand. Another has a hundred thousand in his debt, and a third has two hundred thousand in his debt. So which of these do we prioritize? Do we prioritize the first, or the largest, or the smallest, or what? We prioritize the owner of the specific item. We say this man's car is currently present in its original form, so he has a stronger right to it, and he takes it. If the other creditors say, "Why does he take the car exclusively, when it is the property of the bankrupt person?" The answer is: Because it is what? His specific property. And the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2358Sahih (Darussalam). So the one who gave him the stronger right is the Messenger of Allah (peace and blessings be upon him).
Now, if none of the creditors has a stronger right, how do we distribute the debt, or how do we distribute the money among the creditors? There are three creditors: one has fifty thousand, the second has a hundred thousand, and the third has two hundred thousand. What is the total debt? Three hundred and fifty thousand. When we assessed the money with this bankrupt person, we found that it was only two hundred thousand. So do we give it to the owner of the two hundred, or do we give it to the owners of the hundred and fifty and... the remaining two hundred and fifty, or what? We say we distribute it proportionally. We distribute this money found with this bankrupt person by what? Proportionally. How is the proportion? You relate the existing amount to the missing amount, meaning to the debt. So we now relate two hundred to three hundred and fifty. What is the ratio? What is the ratio of two hundred to three hundred and fifty? How? Glory be to Allah. Now, simplify three hundred and fifty. How much is it of fifty? Seven. Three hundred and fifty is seven fifties, right? How much is it of two hundred? Four fifties. So give each person four-sevenths of his debt. Meaning each person gets four-sevenths of his share. And so on. Now, if the debt upon him is three hundred and the existing amount is two hundred, how much do we give each person? Now, the debts upon him are many, and what was found is two hundred, and the debt is three hundred. How much do we give each person? We give each person two-thirds of what? Two-thirds of his debt. So the one whose debt is three hundred, we give him two hundred, correct? And the one whose debt is six hundred, we give him four hundred, and so on. The important thing is that if you want to know the proportional distribution, relate the existing amount to what? The missing amount. So whatever the ratio is, each person gets that ratio of his share. We are done. Are there many questions? Shall we take the questions or proceed with the explanation? Now, on what?
The student: ... .
The Shaykh : Wait, give the brothers a paper.
The student: ... .
The Shaykh : It is not possible unless the people allow it. I allow you.
The student: ... .
The Shaykh : He asked before being allowed.
The Student: I am from the Bedouins of the valley.
The Shaykh : Are you from the Bedouins?
The questioner : ... He performs 'Umrah on behalf of his mother, and she is alive. Is that permissible?
The Shaykh : Did she appoint him as her agent?
The questioner : I do not know.
The Shaykh : If she appointed him as her agent, there is no harm.
The questioner : I think she did not appoint him as her agent.
The Shaykh : If she did not appoint him as her agent, some scholars say it does not contradict [her will], and some scholars say it is not valid, and the 'Umrah is for him.
The questioner : I inform him, I say: Look, the 'Umrah is for you.
The Shaykh : This is if she did not appoint him as her agent. And there is a statement from some scholars that it does not contradict [her will], but the best is to say to him: Do not repeat this kind of work, and your mother should supplicate to Allah for her, and that is better for her than the 'Umrah.
The questioner : The farewell tawaf, he makes it for her, meaning.
The Shaykh : The 'Umrah requires a farewell tawaf, it is necessary.
The questioner : The farewell tawaf, he makes it for his mother.
The Shaykh : It follows the one for whom the 'Umrah is.
The questioner : Look, this question is from a person with me, in the protection of Allah.
The Shaykh : May Allah bless you. We read, now what?
The Student: We continue the explanation of the hadith.
The Shaykh : Now, the explanation ended with: If a person becomes bankrupt and one of the creditors has the specific property, he has a stronger right to this property. Now.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and blessings and peace be upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance.
As for what follows, we ask Allah (Mighty and Majestic) to reward our Shaykh with the best reward.
The Shaykh : In.
The Reader: In his book *Umdat al-Ahkam*, in the chapter on pledges and others, from Abu Hurayrah (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said...
The Shaykh : Do you say "said" from Abu Hurayrah, or "narrated" from Abu Hurayrah?
The Reader: Narrated.
The Shaykh : Then, correct it.
The Reader: The author (may Allah have mercy on him) narrated from Abu Hurayrah, who said: The Messenger of Allah (peace and blessings be upon him) said, or he said: I heard the Messenger of Allah (peace and blessings be upon him) say:
If a man finds his very things with a bankrupt, he has more right to take them back than anyone else.
من أدرك ماله بعينه عند رجل أو إنسان قد أفلس فهو أحق به من غيرهThe Shaykh : Yes, this is included in the statement of the author (may Allah have mercy on him): "and others", meaning other than the pledge. It is that when a man becomes bankrupt, the rights of all his creditors attach to his property. The meaning of "bankrupt" is "impoverished"; bankruptcy means impoverishment. So if a person becomes impoverished and has debts to people, which of these do we prioritize? Do we prioritize the earliest? Or the largest? Or the smallest? Or what? We say this has rules.
The first rule: If one of the creditors finds his property in its original form with this bankrupt person, and it has not changed or decreased, he has a stronger right to his property than others. An example of this: A man sold a car to a person for fifty thousand, then this person who bought the car became bankrupt and had debts to multiple creditors. The car owner has in the debt of this bankrupt person how much? Fifty thousand. Another has a hundred thousand in his debt, and a third has two hundred thousand in his debt. So which of these do we prioritize? Do we prioritize the first, or the largest, or the smallest, or what? We prioritize the owner of the specific item. We say this man's car is currently present in its original form, so he has a stronger right to it, and he takes it. If the other creditors say, "Why does he take the car exclusively, when it is the property of the bankrupt person?" The answer is: Because it is what? His specific property. And the Prophet (peace and blessings be upon him) said:
Whoever finds his exact property with a man who has become bankrupt, and then he has more right to it than anyone else.
من أدرك ماله بعينه عند رجل قد أفلس فهو أحق بهNow, if none of the creditors has a stronger right, how do we distribute the debt, or how do we distribute the money among the creditors? There are three creditors: one has fifty thousand, the second has a hundred thousand, and the third has two hundred thousand. What is the total debt? Three hundred and fifty thousand. When we assessed the money with this bankrupt person, we found that it was only two hundred thousand. So do we give it to the owner of the two hundred, or do we give it to the owners of the hundred and fifty and... the remaining two hundred and fifty, or what? We say we distribute it proportionally. We distribute this money found with this bankrupt person by what? Proportionally. How is the proportion? You relate the existing amount to the missing amount, meaning to the debt. So we now relate two hundred to three hundred and fifty. What is the ratio? What is the ratio of two hundred to three hundred and fifty? How? Glory be to Allah. Now, simplify three hundred and fifty. How much is it of fifty? Seven. Three hundred and fifty is seven fifties, right? How much is it of two hundred? Four fifties. So give each person four-sevenths of his debt. Meaning each person gets four-sevenths of his share. And so on. Now, if the debt upon him is three hundred and the existing amount is two hundred, how much do we give each person? Now, the debts upon him are many, and what was found is two hundred, and the debt is three hundred. How much do we give each person? We give each person two-thirds of what? Two-thirds of his debt. So the one whose debt is three hundred, we give him two hundred, correct? And the one whose debt is six hundred, we give him four hundred, and so on. The important thing is that if you want to know the proportional distribution, relate the existing amount to what? The missing amount. So whatever the ratio is, each person gets that ratio of his share. We are done. Are there many questions? Shall we take the questions or proceed with the explanation? Now, on what?
The student: ... .
The Shaykh : Wait, give the brothers a paper.
The student: ... .
The Shaykh : It is not possible unless the people allow it. I allow you.
The student: ... .
The Shaykh : He asked before being allowed.
The Student: I am from the Bedouins of the valley.
The Shaykh : Are you from the Bedouins?
The questioner : ... He performs 'Umrah on behalf of his mother, and she is alive. Is that permissible?
The Shaykh : Did she appoint him as her agent?
The questioner : I do not know.
The Shaykh : If she appointed him as her agent, there is no harm.
The questioner : I think she did not appoint him as her agent.
The Shaykh : If she did not appoint him as her agent, some scholars say it does not contradict [her will], and some scholars say it is not valid, and the 'Umrah is for him.
The questioner : I inform him, I say: Look, the 'Umrah is for you.
The Shaykh : This is if she did not appoint him as her agent. And there is a statement from some scholars that it does not contradict [her will], but the best is to say to him: Do not repeat this kind of work, and your mother should supplicate to Allah for her, and that is better for her than the 'Umrah.
The questioner : The farewell tawaf, he makes it for her, meaning.
The Shaykh : The 'Umrah requires a farewell tawaf, it is necessary.
The questioner : The farewell tawaf, he makes it for his mother.
The Shaykh : It follows the one for whom the 'Umrah is.
The questioner : Look, this question is from a person with me, in the protection of Allah.
The Shaykh : May Allah bless you. We read, now what?
The Student: We continue the explanation of the hadith.
The Shaykh : Now, the explanation ended with: If a person becomes bankrupt and one of the creditors has the specific property, he has a stronger right to this property. Now.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and blessings and peace be upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance.
As for what follows, we ask Allah (Mighty and Majestic) to reward our Shaykh with the best reward.