Reading from the author's text with commentary and collation of manuscripts: "He said: And Ahmad ibn al-Husayn ibn Hassan informed me, saying:
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The reader: "He said: And Ahmad ibn al-Husayn ibn Hassan informed me, saying: Abu 'Abdullah was asked about Husayn ibn 'Abd al-Rahman, so he said: 'Hafiz narrated from him; I do not know him.' Abu Bakr said: 'This is one of the ascetics.' Abu Sa'id al-Ashaj informed me, saying: I heard Abu Khalid al-Ahmar saying: 'This Hafiz, the 'Adawi, himself sold the house of Husayn ibn 'Abd al-Rahman, the worshipper of the people of Kufah, to 'Awun al-Basri.' So Ahmad said to him: 'Hafiz?' He said: 'Yes.' So Ahmad was surprised, meaning by Hafiz ibn Ghiyath. Al-Khallal said: 'This also strengthens the position of Abu 'Abdullah.' I said: 'This 'Awun seems to be from the people of innovation, or from the open sinners in action.' Abu Khalid al-Ahmar had criticized Hafiz ibn Ghiyath, the judge of Kufah, for selling the house of the righteous man to an innovator, and Ahmad was also surprised"
The Shaykh : the house
The reader: that he sold the house of the righteous man to
The Shaykh : The righteous one, is it like that with you?
The student: Yes, the righteous one.
The reciter: "That he sold the house of the righteous man to an innovator, and Ahmad was also surprised by the judge's action. Al-Khallal said: If he dislikes selling it to an open sinner, then the same applies to a disbeliever, even though the dhimmi (a non-Muslim under Muslim protection) acknowledges [the faith] and the open sinner does not, but what the disbeliever does in it is greater. The judge also mentioned this regarding Abu Bakr 'Abd al-'Aziz, who cited his statement in the narration of Abu al-Harith: " I do not think it is right to sell one's house to a disbeliever who disbelieves in Allah in it; selling it to a Muslim is more desirable to me. " Abu Bakr said: There is no difference between leasing and selling in his view; if he permits the sale, he permits the lease, and if he forbids the sale, he forbids the lease. The judge and his companions agreed with him on this. It was also reported from Ishaq ibn Mansur that he said to Abu 'Abdullah: Al-Awza'i was asked about a man
The Shaykh : Al-Awza'i was asked, meaning al-Awza'i.
The reciter: "was asked, meaning Al-Awza'i, about a man who leases his services to supervise a Christian's vineyard, and he disliked that. Ahmad said: How good is what he said, because the origin of that leads to intoxicants, unless it is known that it will be sold for other than intoxicants, in which case there is no harm. It was also reported from Abu al-Nadr al-'Ajli that he said: Abu 'Abdullah said regarding one who carries intoxicants, pork, or carrion for a Christian: He dislikes eating his food, but he pays the carrier for the carriage. If it is for a Muslim, the dislike is stronger. To summarize the speech on this: As for selling one's house to a disbeliever, we have mentioned Ahmad's prohibition of it. Then his companions differed on whether this is a prohibition of disapproval or a prohibition of unlawfulness. Al-Sharif Abu 'Ali ibn Abi Musa said: Ahmad disliked a Muslim selling his house to a dhimmi who disbelieves in Allah the Exalted in it and makes permissible the prohibited things therein. If he does so, he has done wrong, but the sale is not invalid. Similarly, Abu al-Hasan al-'Amidi stated the dislike, limiting himself to it. As for Al-Khallal and his companion and the judge, the implication of their speech is the prohibition of that. I have mentioned the speech of Al-Khallal and his companion. The judge said: It is not permissible to lease one's house or home to one who makes it a church or a place of worship, or sells intoxicants in it, whether he stipulated that he would sell intoxicants in it or not, but he knows that he sells intoxicants in it. Ahmad also said in the narration of Abu al-Harith: " I do not think it is right to sell one's house to a disbeliever who disbelieves in Allah in it; selling it to a Muslim is more desirable to me. " Abu Bakr said: There is no difference between leasing and selling in his view; if he permits the sale, he permits the lease, and if he forbids the sale, he forbids the lease. He also said regarding Christians who endowed a property for their place of worship: It is not leased. "
The Shaykh : The church.
The reader: "And he also said regarding Christians who endowed a property for the church: 'The Muslim man should not lease it from them, [as it] aids them in what they are in.' He said: 'And al-Shafi'i said with this' The voice dropped and did not
The Shaykh : But it dropped because he started to turn yellow.
The reader: "So the Qadi prohibited leasing it to one who knows that he sells intoxicants in it, citing as evidence Ahmad's explicit statement that he does not sell it to a disbeliever, and does not lease the endowment of the church, and that implies that the prohibition in these two cases in his view is a prohibition of illegality. Then the Qadi said in the course of the issue: 'If it is said: Has Ahmad not permitted leasing it to the People of the Book, knowing that they do that in it? It is said: What is transmitted from Ahmad is that he related the statement of Ibn 'Awun'
The Shaykh : The statement
The reciter: “What is transmitted from Ahmad is that he related the statement of Ibn ‘Unayn and expressed surprise at it, and al-Qadi mentioned the narration of al-Athram. This implies that al-Qadi does not permit hiring it out to a dhimmi (a non-Muslim under Muslim protection). Likewise, Abu Bakr said, ‘If he permits it, it is permitted, and if he forbids it, it is forbidden, and what is not permissible is forbidden (haram).’ The words of Ahmad (may Allah have mercy on him) are open to both interpretations. His statement in the narration of Abu al-Harith, ‘ It is more preferable to me that he sells it to a Muslim, ’ implies that he forbade it as a matter of disapproval (tanzihi) and considered it a serious matter, as indicated in the narration of al-Marwazi. His statement, ‘It is not sold to the disbelievers,’ and his emphasis on this, implies prohibition. As for hiring it out, the companions equated it with selling, and what Ibn
The Shaykh : The summary of the issue of selling is that we say: if he sells it to one who disbelieves in it and sells intoxicants and the like, then it is forbidden (haram), based on the saying of Allah the Exalted:[Al-Ma'idah 5:2] And if he sells it to one who will reside in it, then there is a detailed ruling. If there is a prohibition by the ruler against selling it to the disbelievers, then it is prohibited and not lawful. If there is no such prohibition, it may be said to be disliked (makruh) if this disbeliever is one who is permitted to reside in this place. It may also be said to be forbidden, but the view that it is disliked is closer to the truth, because the disbelievers were residing with the Companions (may Allah be pleased with them) in the cities and villages. Yes. As for hiring it out,
The Shaykh : the house
The reader: that he sold the house of the righteous man to
The Shaykh : The righteous one, is it like that with you?
The student: Yes, the righteous one.
The reciter: "That he sold the house of the righteous man to an innovator, and Ahmad was also surprised by the judge's action. Al-Khallal said: If he dislikes selling it to an open sinner, then the same applies to a disbeliever, even though the dhimmi (a non-Muslim under Muslim protection) acknowledges [the faith] and the open sinner does not, but what the disbeliever does in it is greater. The judge also mentioned this regarding Abu Bakr 'Abd al-'Aziz, who cited his statement in the narration of Abu al-Harith: " I do not think it is right to sell one's house to a disbeliever who disbelieves in Allah in it; selling it to a Muslim is more desirable to me. " Abu Bakr said: There is no difference between leasing and selling in his view; if he permits the sale, he permits the lease, and if he forbids the sale, he forbids the lease. The judge and his companions agreed with him on this. It was also reported from Ishaq ibn Mansur that he said to Abu 'Abdullah: Al-Awza'i was asked about a man
The Shaykh : Al-Awza'i was asked, meaning al-Awza'i.
The reciter: "was asked, meaning Al-Awza'i, about a man who leases his services to supervise a Christian's vineyard, and he disliked that. Ahmad said: How good is what he said, because the origin of that leads to intoxicants, unless it is known that it will be sold for other than intoxicants, in which case there is no harm. It was also reported from Abu al-Nadr al-'Ajli that he said: Abu 'Abdullah said regarding one who carries intoxicants, pork, or carrion for a Christian: He dislikes eating his food, but he pays the carrier for the carriage. If it is for a Muslim, the dislike is stronger. To summarize the speech on this: As for selling one's house to a disbeliever, we have mentioned Ahmad's prohibition of it. Then his companions differed on whether this is a prohibition of disapproval or a prohibition of unlawfulness. Al-Sharif Abu 'Ali ibn Abi Musa said: Ahmad disliked a Muslim selling his house to a dhimmi who disbelieves in Allah the Exalted in it and makes permissible the prohibited things therein. If he does so, he has done wrong, but the sale is not invalid. Similarly, Abu al-Hasan al-'Amidi stated the dislike, limiting himself to it. As for Al-Khallal and his companion and the judge, the implication of their speech is the prohibition of that. I have mentioned the speech of Al-Khallal and his companion. The judge said: It is not permissible to lease one's house or home to one who makes it a church or a place of worship, or sells intoxicants in it, whether he stipulated that he would sell intoxicants in it or not, but he knows that he sells intoxicants in it. Ahmad also said in the narration of Abu al-Harith: " I do not think it is right to sell one's house to a disbeliever who disbelieves in Allah in it; selling it to a Muslim is more desirable to me. " Abu Bakr said: There is no difference between leasing and selling in his view; if he permits the sale, he permits the lease, and if he forbids the sale, he forbids the lease. He also said regarding Christians who endowed a property for their place of worship: It is not leased. "
The Shaykh : The church.
The reader: "And he also said regarding Christians who endowed a property for the church: 'The Muslim man should not lease it from them, [as it] aids them in what they are in.' He said: 'And al-Shafi'i said with this' The voice dropped and did not
The Shaykh : But it dropped because he started to turn yellow.
The reader: "So the Qadi prohibited leasing it to one who knows that he sells intoxicants in it, citing as evidence Ahmad's explicit statement that he does not sell it to a disbeliever, and does not lease the endowment of the church, and that implies that the prohibition in these two cases in his view is a prohibition of illegality. Then the Qadi said in the course of the issue: 'If it is said: Has Ahmad not permitted leasing it to the People of the Book, knowing that they do that in it? It is said: What is transmitted from Ahmad is that he related the statement of Ibn 'Awun'
The Shaykh : The statement
The reciter: “What is transmitted from Ahmad is that he related the statement of Ibn ‘Unayn and expressed surprise at it, and al-Qadi mentioned the narration of al-Athram. This implies that al-Qadi does not permit hiring it out to a dhimmi (a non-Muslim under Muslim protection). Likewise, Abu Bakr said, ‘If he permits it, it is permitted, and if he forbids it, it is forbidden, and what is not permissible is forbidden (haram).’ The words of Ahmad (may Allah have mercy on him) are open to both interpretations. His statement in the narration of Abu al-Harith, ‘ It is more preferable to me that he sells it to a Muslim, ’ implies that he forbade it as a matter of disapproval (tanzihi) and considered it a serious matter, as indicated in the narration of al-Marwazi. His statement, ‘It is not sold to the disbelievers,’ and his emphasis on this, implies prohibition. As for hiring it out, the companions equated it with selling, and what Ibn
The Shaykh : The summary of the issue of selling is that we say: if he sells it to one who disbelieves in it and sells intoxicants and the like, then it is forbidden (haram), based on the saying of Allah the Exalted: