Mentioning the benefits of the previous hadith: "The hadith of al-Nu'man ibn Bashir (may Allah be pleased with him) regarding the issue of gifts to children and justice between them."
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The Shaykh : Whoever brings forth falsehood, it must be refuted from him, even if he is a person of virtue.
Falsehood must be refuted from whoever brings it forth, even if he is a person of virtue, because falsehood is rejected. But if someone says something false, do we publicize it among the people, or do we use an allusion to the person who said such and such? The first or the second?
The second, because the Prophet (peace and blessings be upon him) unless a pressing necessity requires that it be clarified by name, then let it be clarified by name. But if the intention is to refute the falsehood, it is sufficient to mention the falsehood and use an allusion to the one who said it. Yes.
Among the benefits of this hadith:
Among the benefits of this hadith: It is not befitting for a person to judge in a matter that requires detail unless after detailing it. This is important: do not judge on something that requires detail unless you detail it, so that you do not fall into error. Be careful.
The way it is derived from the hadith is that he said:Sahih Muslim 1623e? And he did not say to him, "Giving to you is forbidden."
And in a wording in Muslim: So he first inquired whether he had sons, then inquired whether he had given to them, and then he ruled.
So we inquire about the reality first if it requires detail. And for this, there are examples from the Sunnah. For this, there are examples from the Sunnah, among them:
A man entered while the Prophet (peace and blessings be upon him) was delivering the sermon, so he sat down and did not pray. He said:. Did he initially object to his sitting, or did he ask for details? He asked for details. He said: "Did you pray or not?" And he did not object. Good.
A questioner asked you about a hypothetical case. He said: "A deceased man left behind a daughter, a brother, and a full paternal uncle." The hasty one will say to the daughter, half, and to the brother, the remainder, and nothing for the uncle, because the brother is closer than the uncle. Who says this? Who? The hasty one.
And this is a mistake. You must first ask about the brother: which brother? If it is said, a brother from the mother, we say the solution is correct. The daughter gets half, and the remainder goes to the full paternal uncle and the brother from the mother. The brother from the mother. O people, the brother of the deceased was nourished with his mother's milk and blood while in her womb. Does he have a share or not? He has no share?
The student: The daughter.
The Shaykh : Yes, due to the presence of the daughter, who is a descendant heir, and the descendant heir excludes the brothers from the mother.
And if it is said that the brother is a brother from the father or a full brother, then the solution is not this. This is haste. Now you have erred. If it is said, a brother from the father or a full brother, is the solution wrong or correct? He said the daughter gets half and the remainder goes to the uncle. Wrong. If it is said the daughter gets half and the remainder goes to the brother, and the brother is a brother from the father or a full brother, then the solution is correct. So it is necessary to ask for details. Good.
And among the benefits of this hadith: It is forbidden for a person to testify to what was forbidden. Whatever is forbidden, do not testify to it, no matter what. Even if the closest person to you asks you to testify, do not testify.
So if someone says to you, "Come, you are my brother, my friend, and my colleague," and he mentions the reasons for favoritism that he mentioned, and says to you, "Testify that so-and-so took a thousand riyals from me, and he did not take from him," is it permissible to testify? Yes? O people.
The student: It is not permissible.
The Shaykh : A man came to a friend whom he fully trusts and said, "Do you believe me?" He said, "Yes, I believe you. How would I not believe you?" He said, "Will you testify that so-and-so has a thousand riyals for me?" Will you testify? Is it permissible to testify or not?
It seems some people are hesitant. Yes. Is it permissible or not? It is not permissible. Good. If he says to his friend, "Do you not trust me? Do you not know me? I am your friend. I praise Allah, I pray, I give zakah, I fast, I am dutiful to my parents, and I maintain my family ties." He said, "Yes, all this is true, but for me to testify that so-and-so has a thousand riyals for you, and I do not know, is not permissible. So do not testify. Whatever is forbidden, do not testify to it."
Good. Is the triple divorce forbidden or lawful? I mean, if a man says to his wife, "You are divorced three times," or "You are divorced, you are divorced, you are divorced," is it forbidden or not forbidden? What? Forbidden? Forbidden. It is not permissible for a person to divorce his wife three times. If he does so, he is sinful. But if a man comes and says, "I want you to testify that I divorced my wife three times," does he testify or not?
We look at the reality. The triple divorce is forbidden, and our principle is that it is not permissible to testify to what? To a forbidden act. So does he testify?
We say here that he testifies, because another right is involved. The right of whom? The right of the wife. The right of the wife is involved. For example, it is not a transaction specific to the one who committed the forbidden act, but it is a transaction connected to him and to others. So we must testify. If the woman claims that he divorced her three times and the husband denies it, saying, "I did not divorce her, I never divorced her," and I know that he came to me and said, "Testify that I divorced my wife three times," is it permissible for me to withhold the testimony? I cannot withhold it. I cannot withhold it, because another right is involved. What? Another right. And this issue may be difficult for some people, because it is known that it is not permissible to testify to what, O brothers? To a forbidden act. But when another right is involved, it becomes permissible. Yes.
Good. It is said: And in this hadith is the obligation of fearing Allah the Mighty and Majestic in the rights of Allah and in the rights of what? Of human beings.
It is obligatory for a person to fear his Lord in His right, Exalted is He, and in the rights of creation. By the saying of the Messenger (peace and blessings be upon him): What? And in a wording I have: .
And it is derived from this hadith that whatever is taken by a forbidden means through a forbidden contract must be returned. And this is a useful rule in transactions.
Where is this taken from?
The student: It must be returned.
The Shaykh : It must be returned. Where is this derived from in the hadith?
The student: So Bashir returned.
The Shaykh : So Bashir returned and he returned.
The student: The charity.
The Shaykh : Yes, may Allah bless you.
Whatever is taken by a forbidden means, you must return it. This is its evidence: this hadith. "Abu Bashir returned and he returned that charity."
And another evidence: Good dates were brought to the Messenger of Allah. So he said, (peace and blessings be upon him):.
Why do we return it? Because executing a forbidden act is defiance against Allah the Mighty and Majestic.
I hope you pay attention, O people. Executing a forbidden act is defiance against Allah. How is that? Because what Allah has forbidden and prohibited, He does not want the servants to practice it. So if we validate it, there is defiance against Allah the Mighty and Majestic in that. For this reason, the Prophet (peace and blessings be upon him) said a statement that is a rule in everything, which is:Sahih Muslim 1718b Meaning, good. Stand up.
The student: ... .
The Shaykh : No, I said it. What is it? What is the hadith that we mentioned is a rule?
The student:Sahih Muslim 1718b
The Shaykh : What?
The student:Sahih Muslim 1718b
The Shaykh : It is not upon what?
The student: ... .
The Shaykh : It is not upon us. I did not say it that way. You are close to me, O Hasan. No, no, do not go.
You see, knowledge is fleeting. If you miss one word, you miss the whole sentence.
Good. The hadith. No, that is it. You have finished your topic.
The student: ... .
The Shaykh : You have done well, may Allah bless you.Sahih Muslim 1718b "Returned" means "was returned."
And this hadith is considered a branch of the rule that came in the hadith of A'ishah:Sahih Muslim 1718b. For this reason, he said, "He returned that charity." So whatever is taken without right must be returned and invalidated.
It is brought to us an issue that is difficult: A person stole money and was ordered to repent, and this happens often. So now he wants to get rid of this money. What is obligatory for him?
He must return it to its owners. But the problem is, he goes to the owner. "I see, you stole this money from me. By Allah, I stole a hundred riyals from you. Please, take it." He says, "No, you stole a thousand riyals from me, but you denied it." Then he demands a thousand riyals in court. Is this possible or not? It is possible. I seek refuge in Allah, some people, and the repentant, regretful person cannot handle it when he comes to him and says, "By Allah, I stole a hundred riyals from you. Please, may Allah reward you with good. Save me from it in this world before the Hereafter." He says, "No, you stole a thousand riyals from me now." Then he demands a thousand riyals from him and burdens him. And the truth is that this is not permissible. If the person comes to you repentant and regretful, if not for his confession, nothing would have come to you from him. So consider his circumstances and know that the one who comes to you confessing that he stole from you will not be anything but what? Truthful. How...? If he wanted to hide it from you, he would not have come to you. For this reason, we see that if such a situation occurs and a regretful person comes, and a repentant person says to you, "By Allah, I stole a hundred riyals from you in a state of heedlessness and open sinfulness, and I am now repentant to Allah," the one from whom it was stolen must say what? "Thank Allah for your effort, and I absolve you of the debt. Give it to me, and the matter is over."
But sometimes he does not know those from whom he stole. By Allah, people I do not know, I do not know if they are still alive or if they have heirs. I do not know their names or addresses or anything. What do I do?
We say that He who knows the Unseen, (Glorified and Exalted is He), knows them. You give them charity from what you have, and Allah the Mighty and Majestic will deliver it to them. And so it is with anything whose owner is unknown to you; you give it as charity, and Allah (Glorified and Exalted is He) knows and will deliver it to him.
Now, if a person stole money, how much did we say? One hundred riyals. He says, "I am too embarrassed to tell the man that I stole one hundred riyals from him, but I will buy him a shirt for one hundred riyals now, since the festival is near. I will go to him and say, 'Here, this is a gift for the festival.' Is he absolved or not?
The student: He is not absolved.
The Shaykh : And those who are silent, do they agree that he is not absolved? Is he not absolved?
The student: He is not absolved.
The Shaykh : Yes
The student: He is not absolved.
The Shaykh : He is not absolved, correct? He is not absolved. Why? Because the owner of the money, from whom it was stolen, would accept this as what? A gift, and he would consider it a favor done to him. But the reality is different. Therefore, one must be frank. However, sometimes the matter, if one is frank, becomes very, very serious for him; it might be the cause of cutting off his livelihood, such as being dismissed from his job.
So in this case, I hope that if he delivers the money to its rightful place, I hope that Allah will absolve him, even if the head of this department or its manager does not know.
And there remain benefits in the hadith. And the brother seems to be indicating that there are questions. Yes, are there questions?
Now, we will give it a quarter of an hour to decide, so that we do not run out of time.
It is now seven and seven, what?
The student: ... .
The Shaykh : No, he said, "The chapter on pledge and others." We mentioned that this falls under the phrase "and others." What? Write a paper.
The reader: In the name of Allah, the Most Gracious, the Most Merciful.
The Shaykh : I must specify now; it is seven and seven minutes... Now, good, if Allah wills.
The reader: In the name of Allah, the Most Gracious, the Most Merciful.
May Allah reward you, O honorable Shaykh, and may He benefit Islam and the Muslims with your knowledge. This questioner says: "For the remembrance, a share like that of the two females."
The Shaykh : I would prefer if he said, "And may He benefit you with your knowledge, and benefit Islam and the Muslims," that would be better. I hope that he will benefit me with his knowledge. Yes.
Falsehood must be refuted from whoever brings it forth, even if he is a person of virtue, because falsehood is rejected. But if someone says something false, do we publicize it among the people, or do we use an allusion to the person who said such and such? The first or the second?
The second, because the Prophet (peace and blessings be upon him)
When he wanted to rebuke a group, he would say, "What is the matter with a group that does such and such?"
كان إذا أراد أن ينكر على قوم يقول ما بال أقوام يفعلون كذا وكذاAmong the benefits of this hadith:
Among the benefits of this hadith: It is not befitting for a person to judge in a matter that requires detail unless after detailing it. This is important: do not judge on something that requires detail unless you detail it, so that you do not fall into error. Be careful.
The way it is derived from the hadith is that he said:
Have you done the same with every son of yours?
أفعلت هذا بولدك كلهمAnd in a wording in Muslim:
Do you have sons?
ألك بنون؟So we inquire about the reality first if it requires detail. And for this, there are examples from the Sunnah. For this, there are examples from the Sunnah, among them:
A man entered while the Prophet (peace and blessings be upon him) was delivering the sermon, so he sat down and did not pray. He said:
O so-and-so, did you pray? He said, "No." He said, "Then stand up and pray two rak'ahs, and they will suffice for you."
يا فلان أصليت؟ قال : لا قال : فقم فصل ركعتين وتجوز فيهماA questioner asked you about a hypothetical case. He said: "A deceased man left behind a daughter, a brother, and a full paternal uncle." The hasty one will say to the daughter, half, and to the brother, the remainder, and nothing for the uncle, because the brother is closer than the uncle. Who says this? Who? The hasty one.
And this is a mistake. You must first ask about the brother: which brother? If it is said, a brother from the mother, we say the solution is correct. The daughter gets half, and the remainder goes to the full paternal uncle and the brother from the mother. The brother from the mother. O people, the brother of the deceased was nourished with his mother's milk and blood while in her womb. Does he have a share or not? He has no share?
The student: The daughter.
The Shaykh : Yes, due to the presence of the daughter, who is a descendant heir, and the descendant heir excludes the brothers from the mother.
And if it is said that the brother is a brother from the father or a full brother, then the solution is not this. This is haste. Now you have erred. If it is said, a brother from the father or a full brother, is the solution wrong or correct? He said the daughter gets half and the remainder goes to the uncle. Wrong. If it is said the daughter gets half and the remainder goes to the brother, and the brother is a brother from the father or a full brother, then the solution is correct. So it is necessary to ask for details. Good.
And among the benefits of this hadith: It is forbidden for a person to testify to what was forbidden. Whatever is forbidden, do not testify to it, no matter what. Even if the closest person to you asks you to testify, do not testify.
So if someone says to you, "Come, you are my brother, my friend, and my colleague," and he mentions the reasons for favoritism that he mentioned, and says to you, "Testify that so-and-so took a thousand riyals from me, and he did not take from him," is it permissible to testify? Yes? O people.
The student: It is not permissible.
The Shaykh : A man came to a friend whom he fully trusts and said, "Do you believe me?" He said, "Yes, I believe you. How would I not believe you?" He said, "Will you testify that so-and-so has a thousand riyals for me?" Will you testify? Is it permissible to testify or not?
It seems some people are hesitant. Yes. Is it permissible or not? It is not permissible. Good. If he says to his friend, "Do you not trust me? Do you not know me? I am your friend. I praise Allah, I pray, I give zakah, I fast, I am dutiful to my parents, and I maintain my family ties." He said, "Yes, all this is true, but for me to testify that so-and-so has a thousand riyals for you, and I do not know, is not permissible. So do not testify. Whatever is forbidden, do not testify to it."
Good. Is the triple divorce forbidden or lawful? I mean, if a man says to his wife, "You are divorced three times," or "You are divorced, you are divorced, you are divorced," is it forbidden or not forbidden? What? Forbidden? Forbidden. It is not permissible for a person to divorce his wife three times. If he does so, he is sinful. But if a man comes and says, "I want you to testify that I divorced my wife three times," does he testify or not?
We look at the reality. The triple divorce is forbidden, and our principle is that it is not permissible to testify to what? To a forbidden act. So does he testify?
We say here that he testifies, because another right is involved. The right of whom? The right of the wife. The right of the wife is involved. For example, it is not a transaction specific to the one who committed the forbidden act, but it is a transaction connected to him and to others. So we must testify. If the woman claims that he divorced her three times and the husband denies it, saying, "I did not divorce her, I never divorced her," and I know that he came to me and said, "Testify that I divorced my wife three times," is it permissible for me to withhold the testimony? I cannot withhold it. I cannot withhold it, because another right is involved. What? Another right. And this issue may be difficult for some people, because it is known that it is not permissible to testify to what, O brothers? To a forbidden act. But when another right is involved, it becomes permissible. Yes.
Good. It is said: And in this hadith is the obligation of fearing Allah the Mighty and Majestic in the rights of Allah and in the rights of what? Of human beings.
It is obligatory for a person to fear his Lord in His right, Exalted is He, and in the rights of creation. By the saying of the Messenger (peace and blessings be upon him):
Fear Allah.
اتقوا اللهAnd be just among your children.
واعدلوا بين أولادكمAnd be just with your children.
واعدلوا في أولادكمAnd it is derived from this hadith that whatever is taken by a forbidden means through a forbidden contract must be returned. And this is a useful rule in transactions.
Where is this taken from?
The student: It must be returned.
The Shaykh : It must be returned. Where is this derived from in the hadith?
The student: So Bashir returned.
The Shaykh : So Bashir returned and he returned.
The student: The charity.
The Shaykh : Yes, may Allah bless you.
Whatever is taken by a forbidden means, you must return it. This is its evidence: this hadith. "Abu Bashir returned and he returned that charity."
And another evidence: Good dates were brought to the Messenger of Allah. So he said, (peace and blessings be upon him):
Did you eat the dates of Khaybar like this? They said, "No, but we take one sa' of these for two sa's, and two sa's for three." He said, "Ough! This is usury. Return it." So they returned it.
أكل تمر خيبر هكذا؟ قالوا : لا لكننا نأخذ الصاع من هذا بالصاعين والصاعين بالثلاث فقال : اووه عين الربا ردوه فردوهWhy do we return it? Because executing a forbidden act is defiance against Allah the Mighty and Majestic.
I hope you pay attention, O people. Executing a forbidden act is defiance against Allah. How is that? Because what Allah has forbidden and prohibited, He does not want the servants to practice it. So if we validate it, there is defiance against Allah the Mighty and Majestic in that. For this reason, the Prophet (peace and blessings be upon him) said a statement that is a rule in everything, which is:
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملا ليس عليه أمرنا فهو ردThe student: ... .
The Shaykh : No, I said it. What is it? What is the hadith that we mentioned is a rule?
The student:
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملا ليس عليه أمرنا فهو ردThe Shaykh : What?
The student:
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملا ليس عليه أمرنا فهو ردThe Shaykh : It is not upon what?
The student: ... .
The Shaykh : It is not upon us. I did not say it that way. You are close to me, O Hasan. No, no, do not go.
You see, knowledge is fleeting. If you miss one word, you miss the whole sentence.
Good. The hadith. No, that is it. You have finished your topic.
The student: ... .
The Shaykh : You have done well, may Allah bless you.
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملا ليس عليه أمرنا فهو ردAnd this hadith is considered a branch of the rule that came in the hadith of A'ishah:
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملا ليس عليه أمرنا فهو ردIt is brought to us an issue that is difficult: A person stole money and was ordered to repent, and this happens often. So now he wants to get rid of this money. What is obligatory for him?
He must return it to its owners. But the problem is, he goes to the owner. "I see, you stole this money from me. By Allah, I stole a hundred riyals from you. Please, take it." He says, "No, you stole a thousand riyals from me, but you denied it." Then he demands a thousand riyals in court. Is this possible or not? It is possible. I seek refuge in Allah, some people, and the repentant, regretful person cannot handle it when he comes to him and says, "By Allah, I stole a hundred riyals from you. Please, may Allah reward you with good. Save me from it in this world before the Hereafter." He says, "No, you stole a thousand riyals from me now." Then he demands a thousand riyals from him and burdens him. And the truth is that this is not permissible. If the person comes to you repentant and regretful, if not for his confession, nothing would have come to you from him. So consider his circumstances and know that the one who comes to you confessing that he stole from you will not be anything but what? Truthful. How...? If he wanted to hide it from you, he would not have come to you. For this reason, we see that if such a situation occurs and a regretful person comes, and a repentant person says to you, "By Allah, I stole a hundred riyals from you in a state of heedlessness and open sinfulness, and I am now repentant to Allah," the one from whom it was stolen must say what? "Thank Allah for your effort, and I absolve you of the debt. Give it to me, and the matter is over."
But sometimes he does not know those from whom he stole. By Allah, people I do not know, I do not know if they are still alive or if they have heirs. I do not know their names or addresses or anything. What do I do?
We say that He who knows the Unseen, (Glorified and Exalted is He), knows them. You give them charity from what you have, and Allah the Mighty and Majestic will deliver it to them. And so it is with anything whose owner is unknown to you; you give it as charity, and Allah (Glorified and Exalted is He) knows and will deliver it to him.
Now, if a person stole money, how much did we say? One hundred riyals. He says, "I am too embarrassed to tell the man that I stole one hundred riyals from him, but I will buy him a shirt for one hundred riyals now, since the festival is near. I will go to him and say, 'Here, this is a gift for the festival.' Is he absolved or not?
The student: He is not absolved.
The Shaykh : And those who are silent, do they agree that he is not absolved? Is he not absolved?
The student: He is not absolved.
The Shaykh : Yes
The student: He is not absolved.
The Shaykh : He is not absolved, correct? He is not absolved. Why? Because the owner of the money, from whom it was stolen, would accept this as what? A gift, and he would consider it a favor done to him. But the reality is different. Therefore, one must be frank. However, sometimes the matter, if one is frank, becomes very, very serious for him; it might be the cause of cutting off his livelihood, such as being dismissed from his job.
So in this case, I hope that if he delivers the money to its rightful place, I hope that Allah will absolve him, even if the head of this department or its manager does not know.
And there remain benefits in the hadith. And the brother seems to be indicating that there are questions. Yes, are there questions?
Now, we will give it a quarter of an hour to decide, so that we do not run out of time.
It is now seven and seven, what?
The student: ... .
The Shaykh : No, he said, "The chapter on pledge and others." We mentioned that this falls under the phrase "and others." What? Write a paper.
The reader: In the name of Allah, the Most Gracious, the Most Merciful.
The Shaykh : I must specify now; it is seven and seven minutes... Now, good, if Allah wills.
The reader: In the name of Allah, the Most Gracious, the Most Merciful.
May Allah reward you, O honorable Shaykh, and may He benefit Islam and the Muslims with your knowledge. This questioner says: "For the remembrance, a share like that of the two females."
The Shaykh : I would prefer if he said, "And may He benefit you with your knowledge, and benefit Islam and the Muslims," that would be better. I hope that he will benefit me with his knowledge. Yes.
