Reading from the author's statement, with commentary on it and collation of the manuscripts: "And Abu Hanifah said: 'It is permissible to lease it for that purpose.'"
Machine translationRead the Arabic original
The reader: "And Abu Hanifah said: 'It is permissible to lease it for that purpose.' And Abu Bakr al-Razi said: 'There is no difference, according to Abu Hanifah, between stipulating that wine will be sold in it, and not stipulating it but knowing that it will be sold'"
The Shaykh : And not stipulating it but it is connected
The reader: "And not stipulating it but knowing that wine will be sold in it, that the lease is valid. His basis for this is that he is not entitled, he is not entitled by the lease contract to the performance of these actions, even if stipulated, because he has the right not to sell wine in it and not to make it a church, and the rent is due upon delivery for the duration. So if he is not entitled to the performance of these actions, mentioning them and omitting them are the same, just as if one leased a house to sleep in or reside in, the rent is due even if he does not do so. Likewise, he says if one hires a man to carry wine, carrion, or a pig, that it is valid, because carrying wine is not specified; rather, if he carried juice in its place, he would be entitled to the wage. So this restriction is, in his view, superfluous, and it is like an absolute lease, and the absolute lease is permissible in his view, even if it is predominant in his opinion that the lessee will sin in it, just as he permits selling juice to one who will make it wine. Then he disliked selling weapons in times of fitnah (trial, discord or temptation), saying: 'Because weapons are made for fighting and are not suitable for anything else.' Most jurists disagreed with him on the first premise, saying: 'The restricted is not like the absolute; rather, the benefit contracted for is what is due, so it is the counterpart, so it is the counterpart for the consideration, and it is a forbidden benefit, even if it is permissible for the lessee to substitute something else for it, and'"
The Shaykh : its place
The reader: "its place, and they obligated him in the case of one who leases a house to make it a mosque, that he does not"
The Shaykh : or leased
The reader: Listen
The Shaykh : and they obligated him
The reader: "and they obligated him in the case of one who leases a house to make it a mosque, that he does not"
The Shaykh : I, in my view, to make it here
The student: ...
The Shaykh : Without the lam, the appropriate one for the analogy, to make it, make it a copy if it is not referred to, yes
The student: With the lam
The Shaykh : With the lam, yes
The reader: "and they obligated him in the case of one who leases a house to make it a mosque, that he is not entitled to the performance of what was contracted for, and yet he invalidated this lease based on the fact that it necessitated the performance of prayer, which is not due by a lease contract
And our companions and many jurists disputed with him on the second premise, saying: 'If it is predominant in his opinion that the lessee will benefit from it in a forbidden matter, the lease to him is forbidden; because the Prophet (peace and blessings be upon him) cursed the one who presses wine and the one who has it pressed. The presser only presses juice, but if he sees that the one pressing intends to make it wine and presses it, he deserves the curse. And this is an established principle in other places'"
The student: Shaykh, a question, Shaykh
The Shaykh : Yes
The Shaykh : And not stipulating it but it is connected
The reader: "And not stipulating it but knowing that wine will be sold in it, that the lease is valid. His basis for this is that he is not entitled, he is not entitled by the lease contract to the performance of these actions, even if stipulated, because he has the right not to sell wine in it and not to make it a church, and the rent is due upon delivery for the duration. So if he is not entitled to the performance of these actions, mentioning them and omitting them are the same, just as if one leased a house to sleep in or reside in, the rent is due even if he does not do so. Likewise, he says if one hires a man to carry wine, carrion, or a pig, that it is valid, because carrying wine is not specified; rather, if he carried juice in its place, he would be entitled to the wage. So this restriction is, in his view, superfluous, and it is like an absolute lease, and the absolute lease is permissible in his view, even if it is predominant in his opinion that the lessee will sin in it, just as he permits selling juice to one who will make it wine. Then he disliked selling weapons in times of fitnah (trial, discord or temptation), saying: 'Because weapons are made for fighting and are not suitable for anything else.' Most jurists disagreed with him on the first premise, saying: 'The restricted is not like the absolute; rather, the benefit contracted for is what is due, so it is the counterpart, so it is the counterpart for the consideration, and it is a forbidden benefit, even if it is permissible for the lessee to substitute something else for it, and'"
The Shaykh : its place
The reader: "its place, and they obligated him in the case of one who leases a house to make it a mosque, that he does not"
The Shaykh : or leased
The reader: Listen
The Shaykh : and they obligated him
The reader: "and they obligated him in the case of one who leases a house to make it a mosque, that he does not"
The Shaykh : I, in my view, to make it here
The student: ...
The Shaykh : Without the lam, the appropriate one for the analogy, to make it, make it a copy if it is not referred to, yes
The student: With the lam
The Shaykh : With the lam, yes
The reader: "and they obligated him in the case of one who leases a house to make it a mosque, that he is not entitled to the performance of what was contracted for, and yet he invalidated this lease based on the fact that it necessitated the performance of prayer, which is not due by a lease contract
And our companions and many jurists disputed with him on the second premise, saying: 'If it is predominant in his opinion that the lessee will benefit from it in a forbidden matter, the lease to him is forbidden; because the Prophet (peace and blessings be upon him) cursed the one who presses wine and the one who has it pressed. The presser only presses juice, but if he sees that the one pressing intends to make it wine and presses it, he deserves the curse. And this is an established principle in other places'"
The student: Shaykh, a question, Shaykh
The Shaykh : Yes