Reading from the author's text with commentary and collation of manuscripts: "It has become clear to us - according to one of the two narrations
Machine translationRead the Arabic original
The reader: "It has become clear to us, according to one of the two narrations and the statement of groups of scholars, that we prevent them from seizing real estate in the abode of Islam in which Muslims have a right, such as residences and farms, just as we prevent them from constructing new buildings in the abode of Islam for their worship"
The Shaykh : I have [the reading] that they construct in the abode of Islam
The reader: just as we prevent them
The Shaykh : Here, yes, they construct according to you
The reader: No, I have [the reading] that they construct
The Shaykh : They construct
The reader: Yes "just as we prevent them from constructing new buildings in the abode of Islam for their worship, such as a church, a monastery, or a hermitage"
The Shaykh : Monastery
The reader: or a monastery
The Shaykh : Monastery
The reader: "or a monastery or a hermitage, because the dhimmi contract required them to acknowledge their status as it was, without their transgressing to seize what has been established as a right for Muslims in real estate or slaves. This is because the purpose of the call is that the word of Allah be supreme, and they only acknowledged the jizyah due to an incidental necessity, and a ruling restricted by necessity is limited to the extent of that necessity"
The Shaykh : To the extent of it
The reader: "limited to the extent of it. For this reason, it is not established from any of the Salaf that they have the right of pre-emption over a Muslim, and Ahmad (may Allah have mercy on him) and others adopted this view, because if we obligated the right of pre-emption for a dhimmi in a share owned by a Muslim"
The Shaykh : As if we, we
The reader: "because if we obligated the right of pre-emption for a dhimmi in a share owned by a Muslim, we would have obligated the Muslim to transfer ownership of his real estate to a dhimmi by force, which is contrary to the principles. For this reason, Ahmad explicitly stated that if the seller of a share is a Muslim and his partner is a dhimmi, the right of pre-emption is not obligatory for him; because the right of pre-emption is originally among the rights of one partner over the other, similar to the rights that are obligatory for a Muslim toward a Muslim, such as responding to an invitation, visiting the sick, and preventing him from selling over his sale or proposing over his proposal. And all of this, according to Ahmad, is specific to Muslims, and there is disagreement among jurists regarding selling and proposing. As for his leasing the land endowed for the church, and his purchasing what is sold for the church, Ahmad explicitly prohibited it, stating that he does not lease it, he does not lease it, he does not assist them in what they are doing, and likewise"
The Shaykh : And as for, and as for, and as for, what
The reader: "As for his leasing the land endowed for the church, and his purchasing what is sold for the church, Ahmad explicitly prohibited it, stating that he does not lease it"
The Shaykh : Explicitly, and I do not [read]
The reader: He explicitly
The Shaykh : With a qaf
The Reader: Yes.
The student: ...
The reader: And with a jim, I read "ata'alla"
The Shaykh : I read "ata'alla"
The Reader: Yes.
The Shaykh : And then?
The reader: A manuscript only
The Shaykh : But like it, he read "ata'alla" in the manuscript, yes
The reader: "and likewise, al-Amidi explicitly stated it"
The Shaykh : Yes
The student: Time for questions
The Shaykh : Yes, indeed.
The Shaykh : I have [the reading] that they construct in the abode of Islam
The reader: just as we prevent them
The Shaykh : Here, yes, they construct according to you
The reader: No, I have [the reading] that they construct
The Shaykh : They construct
The reader: Yes "just as we prevent them from constructing new buildings in the abode of Islam for their worship, such as a church, a monastery, or a hermitage"
The Shaykh : Monastery
The reader: or a monastery
The Shaykh : Monastery
The reader: "or a monastery or a hermitage, because the dhimmi contract required them to acknowledge their status as it was, without their transgressing to seize what has been established as a right for Muslims in real estate or slaves. This is because the purpose of the call is that the word of Allah be supreme, and they only acknowledged the jizyah due to an incidental necessity, and a ruling restricted by necessity is limited to the extent of that necessity"
The Shaykh : To the extent of it
The reader: "limited to the extent of it. For this reason, it is not established from any of the Salaf that they have the right of pre-emption over a Muslim, and Ahmad (may Allah have mercy on him) and others adopted this view, because if we obligated the right of pre-emption for a dhimmi in a share owned by a Muslim"
The Shaykh : As if we, we
The reader: "because if we obligated the right of pre-emption for a dhimmi in a share owned by a Muslim, we would have obligated the Muslim to transfer ownership of his real estate to a dhimmi by force, which is contrary to the principles. For this reason, Ahmad explicitly stated that if the seller of a share is a Muslim and his partner is a dhimmi, the right of pre-emption is not obligatory for him; because the right of pre-emption is originally among the rights of one partner over the other, similar to the rights that are obligatory for a Muslim toward a Muslim, such as responding to an invitation, visiting the sick, and preventing him from selling over his sale or proposing over his proposal. And all of this, according to Ahmad, is specific to Muslims, and there is disagreement among jurists regarding selling and proposing. As for his leasing the land endowed for the church, and his purchasing what is sold for the church, Ahmad explicitly prohibited it, stating that he does not lease it, he does not lease it, he does not assist them in what they are doing, and likewise"
The Shaykh : And as for, and as for, and as for, what
The reader: "As for his leasing the land endowed for the church, and his purchasing what is sold for the church, Ahmad explicitly prohibited it, stating that he does not lease it"
The Shaykh : Explicitly, and I do not [read]
The reader: He explicitly
The Shaykh : With a qaf
The Reader: Yes.
The student: ...
The reader: And with a jim, I read "ata'alla"
The Shaykh : I read "ata'alla"
The Reader: Yes.
The Shaykh : And then?
The reader: A manuscript only
The Shaykh : But like it, he read "ata'alla" in the manuscript, yes
The reader: "and likewise, al-Amidi explicitly stated it"
The Shaykh : Yes
The student: Time for questions
The Shaykh : Yes, indeed.