Continuation of the explanation of the previous hadith, "You know best the affairs of your worldly life," including a refutation of those who permit investment riba on the grounds that it contains no injustice.
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The Shaykh : By increasing his capital, this is not forbidden because it is with the consent of both parties and because it is beneficial to both parties. If that is the case, then this is not what the Shari'ah intends; this is not what the Shari'ah intends, nor is it what is meant by the Book of Allah and the Sunnah of the Messenger of Allah (peace and blessings be upon him). Then he cited evidence for this division of his. What did he cite as evidence? He cited the saying of the Prophet (peace and blessings be upon him): And he said that our world today, our economy is not viable except with this, so we know best. What do you say about this report? It seems it has stunned you; you are unable to answer. Yes.
We say that this is a matter of following the ambiguous and leaving the clear. Allah, Glorified and Exalted is He, made those who follow the ambiguous and leave the clear among the deviants.[Ali 'Imran 3:7] And this is a trial that befalls even the upright students of knowledge, from whom nothing is apparent but the desire for the truth. And I will give an example of this, if Allah wills, after I have finished refuting the argument of this person who claims that investment riba is permissible.
We say to him: The texts of the Book and the Sunnah regarding the prohibition of riba are general. What is the original rule? Acting according to the generality in all its instances, except by evidence. And the evidence that the obligation is for the ruling to encompass all instances of the general, except by evidence, is the saying of the Prophet (peace and blessings be upon him) when the Companions were saying, "Peace be upon Allah from His servants, peace be upon Jibril, peace be upon Mika'il." The Prophet (peace and blessings be upon him) said:. - Be careful, my brother. -
So his saying (peace and blessings be upon him):Sahih Ibn Hibban 10:235. indicates that the general encompasses what? All its instances. The texts of the Book and the Sunnah regarding riba are general; there is no restriction whatsoever in them. Rather, there is in them what also indicates generality by specification, meaning by designating certain matters in which there is no injustice, and that is . This is riba. What kind of riba is it? Riba al-fadl or riba al-nasi'ah? Riba al-fadl.
So the Prophet (peace and blessings be upon him) said: Then he ordered the sale to be reversed and said: .
So is there injustice in this transaction or not? Answer, my brother, answer, perhaps Allah will drive sleep away from you?
The student: In the apparent.
The Shaykh : And in the hidden.
The student: ... .
The Shaykh : Yes.
The student: In the apparent, there is no hidden.
The Shaykh : And in the hidden? Or say there is no injustice, neither apparent nor hidden.
The student: In the apparent, there is no injustice.
The Shaykh : And in the hidden? And in the hidden as well, there is no injustice. There is no injustice because he takes a good sa' for two of the bad; the value is the same, there is no injustice. I take the good and benefit from having taken the good, and he takes the bad and benefits from the increased quantity he has. So this one benefited by quality and that one benefited by what? By quantity. So there is no harm and no injustice. And yet the Prophet (peace and blessings be upon him) said that this is the very essence of riba and ordered it to be reversed. It is thus established that the texts regarding riba are general and nothing is excluded from them.
Now, if someone says: If he sells dates for fresh dates, is it permissible or not? Is it permissible to sell dates for fresh dates? Those who raised their finger, yes.
The student: It is not permissible.
The Shaykh : It is not permissible. Rest, my brother, we have not reached the end. Continue.
The student: It is not permissible.
The Shaykh : It is not permissible. What is the evidence?
The student: ... .
The Shaykh : But I say: What is the evidence? If a person says, "What is the evidence?" and he says, "Because it is not called evidence, it is called what? It is called a rationale. I want the evidence from the Qur'an and the Sunnah.
The student: ... .
The Shaykh : Is there no specific evidence? Rest. The Prophet (peace and blessings be upon him) was asked:.
And this is an explicit text prohibiting the sale of fresh dates for dates, because it is feared that when the fresh dates dry, they may be less than the dates. For this reason, the Prophet (peace and blessings be upon him) prohibited it. This indicates that riba in all its types and forms is forbidden and not lawful. Rather, the Prophet (peace and blessings be upon him) prohibited every sale that is a means to riba. Every sale that is a means to riba, the Messenger (peace and blessings be upon him) prohibited. Among these is that he prohibited 'inah. What is 'inah? I ask you, apparently none of you, apparently there is among you someone who is in the fourth level of the College of Sharia, or not? May Allah guide us among those He has guided. Please.
The student: ... .
The Shaykh : Yes.
The student: ... .
The Shaykh : Yes.
The student: ... .
The Shaykh : That he buys a commodity from a merchant and then sells it for less.
The student: Of its price.
The Shaykh : He sells it to whom.
The student: To the merchant.
The Shaykh : To the merchant himself?
The student: Yes.
The Shaykh : For less than what he bought it for, in cash or on credit? Which?
The student: In cash.
The Shaykh : It is not so. 'Inah is that he sells a commodity for a deferred price and then buys it back from the one who sold it to him for less, in cash. This is 'inah: that he sells a commodity, whatever commodity it is, land, a car, utensils, clothes, whatever commodity he sells on credit for a price, and then buys it back for less than that price in cash.
Its form is: I sold a car to a person for fifty thousand over a year. Every month he gives me ten thousand, for example. How much does he give me? Over a year, distribute fifty thousand over twelve months, approximately five hundred.
But I bought it from him for less than that in cash. So I said, give it to me for forty thousand in cash. This is 'inah, and it is forbidden.
Why? Because it is a ruse, as if I gave him forty for fifty on credit. For this reason, Ibn 'Abbas (may Allah be pleased with them both) said: "That 'inah is dirhams for dirhams, with a commodity placed between them" meaning a commodity from the commodities. And by this we know the danger of riba and that its matter is great, until Allah the Exalted says:[Al-Baqarah 2:278-279]. And He said: [Al-Baqarah 2:275] And it is established from the Prophet (peace and blessings be upon him) that he Sunan Ibn Majah 2277Hasan (Darussalam). And I affirm that if people feared Allah and left riba and abandoned it, Allah would open for them doors of provision that do not come to mind, by the evidence of His saying: [At-Talaq 65:2-3].
May Allah guide everyone to what is good and righteous, and make us and you guides and guided, and protect us from the path of the deviants.
You know best the affairs of your worldly life.
أنتم أعلم بأمور دنياكمWe say that this is a matter of following the ambiguous and leaving the clear. Allah, Glorified and Exalted is He, made those who follow the ambiguous and leave the clear among the deviants.
As for those in whose hearts is deviation [from truth], they will follow that of it which is unspecific, seeking discord and seeking an interpretation [suitable to them]. And no one knows its [true] interpretation except Allah
فأما الذين في قلوبهم زيغ فيتبعون ما تشابه منه ابتغاء الفتنة وابتغاء تأويله وما يعلم تأويله إلى اللهWe say to him: The texts of the Book and the Sunnah regarding the prohibition of riba are general. What is the original rule? Acting according to the generality in all its instances, except by evidence. And the evidence that the obligation is for the ruling to encompass all instances of the general, except by evidence, is the saying of the Prophet (peace and blessings be upon him) when the Companions were saying, "Peace be upon Allah from His servants, peace be upon Jibril, peace be upon Mika'il." The Prophet (peace and blessings be upon him) said:
Do not say, "Peace be upon Allah from His servants," for Allah is the Peace. But say, "Peace be upon us and upon the righteous servants of Allah." For if you say that, you have greeted every righteous servant in the heavens and the earth.
لا تقولوا السلام على الله من عباده فإن الله هو السلام ولكن قولوا السلام علينا وعلى عباد الله الصالحين فإنكم إذا قتلم ذلك فقد سلمتم على كل عبد صالح في السماء والأرضSo his saying (peace and blessings be upon him):
If you do that, you have greeted every righteous servant in the heavens and the earth.
إذا فعلتم ذلك فقد سلمتم على كل عبد صالح في السماء والأرضThat good dates were brought to the Messenger of Allah (peace and blessings be upon him), and he said, "Where did this come from?" They said, "We used to take a sa' of this for two sa's, and two sa's for three."
أنه جيء إلى رسول الله صلى الله عليه وسلم بتمر جيد فقال من أين هذا ؟ قالوا كنا نأخذ الصاع من هذا بالصاعين والصاعين بالثلاثةSo the Prophet (peace and blessings be upon him) said:
Oh, this is the very essence of riba (usury or interest).
أوه عين الرباSell the bad dates, then buy good dates with the proceeds.
بيعوا التمر الرديء ثم اشتروا بالدارهم تمرا جيداSo is there injustice in this transaction or not? Answer, my brother, answer, perhaps Allah will drive sleep away from you?
The student: In the apparent.
The Shaykh : And in the hidden.
The student: ... .
The Shaykh : Yes.
The student: In the apparent, there is no hidden.
The Shaykh : And in the hidden? Or say there is no injustice, neither apparent nor hidden.
The student: In the apparent, there is no injustice.
The Shaykh : And in the hidden? And in the hidden as well, there is no injustice. There is no injustice because he takes a good sa' for two of the bad; the value is the same, there is no injustice. I take the good and benefit from having taken the good, and he takes the bad and benefits from the increased quantity he has. So this one benefited by quality and that one benefited by what? By quantity. So there is no harm and no injustice. And yet the Prophet (peace and blessings be upon him) said that this is the very essence of riba and ordered it to be reversed. It is thus established that the texts regarding riba are general and nothing is excluded from them.
Now, if someone says: If he sells dates for fresh dates, is it permissible or not? Is it permissible to sell dates for fresh dates? Those who raised their finger, yes.
The student: It is not permissible.
The Shaykh : It is not permissible. Rest, my brother, we have not reached the end. Continue.
The student: It is not permissible.
The Shaykh : It is not permissible. What is the evidence?
The student: ... .
The Shaykh : But I say: What is the evidence? If a person says, "What is the evidence?" and he says, "Because it is not called evidence, it is called what? It is called a rationale. I want the evidence from the Qur'an and the Sunnah.
The student: ... .
The Shaykh : Is there no specific evidence? Rest. The Prophet (peace and blessings be upon him) was asked:
Regarding the sale of dry dates for fresh dates, he asked, “Does it decrease in weight when it dries?” They said, “Yes.” So he prohibited it.
عن بيع التمر بالرطب فقال أينقص إذا جف؟ قالوا : نعم فنهى عن ذلكAnd this is an explicit text prohibiting the sale of fresh dates for dates, because it is feared that when the fresh dates dry, they may be less than the dates. For this reason, the Prophet (peace and blessings be upon him) prohibited it. This indicates that riba in all its types and forms is forbidden and not lawful. Rather, the Prophet (peace and blessings be upon him) prohibited every sale that is a means to riba. Every sale that is a means to riba, the Messenger (peace and blessings be upon him) prohibited. Among these is that he prohibited 'inah. What is 'inah? I ask you, apparently none of you, apparently there is among you someone who is in the fourth level of the College of Sharia, or not? May Allah guide us among those He has guided. Please.
The student: ... .
The Shaykh : Yes.
The student: ... .
The Shaykh : Yes.
The student: ... .
The Shaykh : That he buys a commodity from a merchant and then sells it for less.
The student: Of its price.
The Shaykh : He sells it to whom.
The student: To the merchant.
The Shaykh : To the merchant himself?
The student: Yes.
The Shaykh : For less than what he bought it for, in cash or on credit? Which?
The student: In cash.
The Shaykh : It is not so. 'Inah is that he sells a commodity for a deferred price and then buys it back from the one who sold it to him for less, in cash. This is 'inah: that he sells a commodity, whatever commodity it is, land, a car, utensils, clothes, whatever commodity he sells on credit for a price, and then buys it back for less than that price in cash.
Its form is: I sold a car to a person for fifty thousand over a year. Every month he gives me ten thousand, for example. How much does he give me? Over a year, distribute fifty thousand over twelve months, approximately five hundred.
But I bought it from him for less than that in cash. So I said, give it to me for forty thousand in cash. This is 'inah, and it is forbidden.
Why? Because it is a ruse, as if I gave him forty for fifty on credit. For this reason, Ibn 'Abbas (may Allah be pleased with them both) said: "That 'inah is dirhams for dirhams, with a commodity placed between them" meaning a commodity from the commodities. And by this we know the danger of riba and that its matter is great, until Allah the Exalted says:
(278) O you who have believed, fear Allah and give up what remains [due to you] of interest, if you should be believers. (279) And if you do not, then be informed of a war [against you] from Allah and His Messenger. But if you repent, you may have your principal - [thus] you do no wrong, nor are you wronged.
يا أيها الذين آمنوا اتقوا الله وذروا ما بقي من الربا إن كنتم مؤمنين فإن لم تفعلوا فأذنوا بحرب من الله ورسوله فإن تبتم فلكم رؤوس أموالكم لا تظلمون ولا تظلمونSo whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah. But whoever returns to [dealing in interest or usury] - those are the companions of the Fire; they will abide eternally therein.
فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ وَمَنْ عَادَ فَأُولَئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَthe Messenger of Allah (ﷺ) cursed the one who consumes usury, the one who pays it, those who witness it and the one who writes it down.
لعن آكل الربا وموكله وشاهديه وكاتبهAnd whoever fears Allah - He will make for him a way out (3) And will provide for him from where he does not expect.
ومن يتق الله يجعل له مخرجا ويرزقه من حيث لا يحتسبMay Allah guide everyone to what is good and righteous, and make us and you guides and guided, and protect us from the path of the deviants.