Reading from the author's text with commentary and collation of manuscripts: "Then we forbid the wage to him, for the right of Allah (Glorified and Exalted is He), not for the right of the hirer
Machine translationRead the Arabic original
The reader: "with respect to the worker, in the sense that it is forbidden for him to benefit from the wage and the reward. For this, there are parallels in the Shari'ah. On this basis, Ahmad's explicit statement regarding the dislike of supervising a Christian's vineyard does not contradict this, for we forbid him from this act and its price, then we judge in his favor for his labor. If we did not do this, there would be a great benefit for the sinners, for everyone who hires them for an act that helps them in sin would have achieved their goal, then not give them anything, and they are not worthy of being assisted in that. This is different from one who hands over to them a job that has no value at all. Yes: the prostitute, the singer, the wailer, and the like; if they are given their wages and then repent: do they give it in charity, or is it obligatory for them to return it to those who gave it to them? There are two opinions, the most correct of which is: we do not return it to the open sinners who spent it in the forbidden benefit, and taking it is not permissible"
The Shaykh : ...
The reader: Yes, there is a missing part, O Shaykh
The Shaykh : Ah?
The reader: There is a missing part. It says from here, in number eight, it says "from here until the phrase 'for the fornicator and the listener of singing,' to the end, after about half a line, it is all missing from the letter 'ta'"
The Shaykh : And what do you have?
The student: As he read
The Shaykh : As read
The student: Yes.
The Shaykh : ... problem, okay, repeat
The Reader: Yes.
The Shaykh : Yes, the prostitute and the singer to the end
The reader: "Yes: the prostitute, the singer, the wailer, and the like; if they are given their wages and then repent: do they give it in charity, or is it obligatory for them to return it to those who gave it to them? There are two opinions, the most correct of which is: we do not return it to the open sinners who spent it"
The Shaykh : I have a reservation about it, and the correct view is that they give it in charity. This phrase did not come
The reader: I don't know, O Shaykh, it might come...
The Shaykh : Perhaps the missing part is with me
The reader: Yes, yes, the missing part is with you
The Shaykh : Ah?
The reader: I say perhaps the missing part is with you
The Shaykh : With us, with you. Did the phrase that I have come?
The reader: It will come "There are two opinions, the most correct of which is: we do not return it. The most correct of which is: we do not return it to the open sinners" But there is a reservation, he did not mention it
The Shaykh : It says "or is it obligatory for them to return it to those who gave them, to those who gave it to them? There is a reservation"
The reader: We have "There are two opinions"
The Shaykh : You don't have "There is a reservation"
The reader: No
The Shaykh : Nor in what follows
The reader: The editor's notes did not mention, the editor's notes did not mention
The Shaykh : He did not say after the text of the page
The reader: Yes, exactly
The student: ...
The reader: It is missing from here, in the phrase "There are two opinions," and you have "There is a reservation," to approximately
The Shaykh :"And the correct view is that they give it in charity. Even if the apparent analogy requires returning it based on the fact that it was received under a defective contract, and that is because the fornicator and the listener of singing and wailing have exchanged, have spent this money willingly"
The student: ...
The Shaykh : For you, the one
The student: No.
The Shaykh : The missing part is with me. Okay, read. Okay, then we will correct. Yes
The reader: "There are two opinions, the most correct of which is: we do not return it to the open sinners who spent it in the forbidden benefit, and taking it is not permissible, but it is given in charity and directed to the interests of the Muslims, as Ahmad explicitly stated regarding the wage of the carrier of intoxicants. And whoever thinks that it is returned to the spending hirer, because it was received under a defective contract, and it must be returned to him like what is received through usury or similar defective contracts, is told: what is received under a defective contract requires mutual return from both sides, so each returns to the other what he received from him, as in the mutual exchange of usury according to those who say that what is received under a defective contract is not owned, as is well known from the madhhab of al-Shafi'i and Ahmad
As for when the received item perishes in the possession of the receiver, he does not have the right to recover its value absolutely. At that point, it is said"
The Shaykh : Yes, continue
The reader: "Even if the apparent analogy requires returning it based on the fact that it was received under a defective contract, the fornicator and the listener of singing and wailing have spent this money willingly, and they have consumed the forbidden compensation, and the prohibition therein is not for their right, but for the right of Allah (Glorified and Exalted is He). This benefit has passed by the receipt, and the principles dictate, and the principles dictate, that if one of, if one of the two compensations is returned, the other is returned. So if it becomes impossible for the hirer to return the benefit, the money is not returned to him
Also, for this one whose benefit has been consumed, it is a harm to take both his benefit and its compensation from him, and its compensation from him"
The Shaykh : And its compensation
The reader: "This is different from the case where the consideration is intoxicants or carrion, for there is no harm to him in their loss, as if they were still present, we would destroy them for him. And the benefit of singing and wailing, if it had not been lost, would have been available to him such that he could have directed that benefit to another matter, namely, he who directed the strength he used. It is said on this basis:"
The Shaykh : Namely, he who directed
The Reader: Yes.
The Shaykh : Namely, he who directed
The reader: "Namely, he who directed the strength he used. It is said on this basis that they should be made to pay it if he demands its possession. It is said: We do not order its payment or its return, like the forbidden contracts of disbelievers. For if they become Muslim before possession, we do not rule for possession, and if they become Muslim after possession, we do not rule for return. But in the case of a Muslim, this wage is forbidden for him because he believed in its prohibition, unlike the disbeliever. And that is because if he demands the wage, we say to him: You were negligent in directing your strength to a forbidden work, so you are not judged to be entitled to the wage. If he takes it and then the payer says: This money, judge for me to have it returned, for I only paid it to him as consideration for a forbidden benefit, we say to him: You paid it in an exchange you agreed to. If you demand the return of what was taken, return to him what you took, if there is a benefit for him in its remaining with him. This and the like applies to what is taken as the price of carrion and intoxicants."
The Shaykh : So this is it, so this is it
The student: So this is possible
The Shaykh : Possible, and the like of this
The student: And the like of this is obligatory in what is taken
The Shaykh : The apparent one, the one I have is better, so this is it
The reader: In my copy, it says in the printed edition: "So this and the like"
The Shaykh : Ah?
The reader: It says in the printed edition: "So this and the like"
The Shaykh : And what is this?
The reader: So this and the like applies to what, to the end of it
The Shaykh : In any case, what we have here means that this is the reality, because how do we combine for him the sale of the consideration and the considered? But in the issue of riba, the correct view is that we take the riba, but we do not give it to the usurer.
So if a person gives a person a million dirhams and says: It is due from you as a million and one hundred thousand after a year, we say: You, the usurer, are not entitled to anything but the million and one hundred thousand. We take it from him and do not give it to the other, but we give it in charity or place it in the public treasury, so that we do not combine for the usurer, if we say we do not take the hundred from him, between the consideration and the considered. And if we return it to the other, it means we have fallen into the forbidden. So we take it from this one. If he says: How, and it is riba? We say: You are the one who agreed to this. Yes.
The Shaykh : ...
The reader: Yes, there is a missing part, O Shaykh
The Shaykh : Ah?
The reader: There is a missing part. It says from here, in number eight, it says "from here until the phrase 'for the fornicator and the listener of singing,' to the end, after about half a line, it is all missing from the letter 'ta'"
The Shaykh : And what do you have?
The student: As he read
The Shaykh : As read
The student: Yes.
The Shaykh : ... problem, okay, repeat
The Reader: Yes.
The Shaykh : Yes, the prostitute and the singer to the end
The reader: "Yes: the prostitute, the singer, the wailer, and the like; if they are given their wages and then repent: do they give it in charity, or is it obligatory for them to return it to those who gave it to them? There are two opinions, the most correct of which is: we do not return it to the open sinners who spent it"
The Shaykh : I have a reservation about it, and the correct view is that they give it in charity. This phrase did not come
The reader: I don't know, O Shaykh, it might come...
The Shaykh : Perhaps the missing part is with me
The reader: Yes, yes, the missing part is with you
The Shaykh : Ah?
The reader: I say perhaps the missing part is with you
The Shaykh : With us, with you. Did the phrase that I have come?
The reader: It will come "There are two opinions, the most correct of which is: we do not return it. The most correct of which is: we do not return it to the open sinners" But there is a reservation, he did not mention it
The Shaykh : It says "or is it obligatory for them to return it to those who gave them, to those who gave it to them? There is a reservation"
The reader: We have "There are two opinions"
The Shaykh : You don't have "There is a reservation"
The reader: No
The Shaykh : Nor in what follows
The reader: The editor's notes did not mention, the editor's notes did not mention
The Shaykh : He did not say after the text of the page
The reader: Yes, exactly
The student: ...
The reader: It is missing from here, in the phrase "There are two opinions," and you have "There is a reservation," to approximately
The Shaykh :"And the correct view is that they give it in charity. Even if the apparent analogy requires returning it based on the fact that it was received under a defective contract, and that is because the fornicator and the listener of singing and wailing have exchanged, have spent this money willingly"
The student: ...
The Shaykh : For you, the one
The student: No.
The Shaykh : The missing part is with me. Okay, read. Okay, then we will correct. Yes
The reader: "There are two opinions, the most correct of which is: we do not return it to the open sinners who spent it in the forbidden benefit, and taking it is not permissible, but it is given in charity and directed to the interests of the Muslims, as Ahmad explicitly stated regarding the wage of the carrier of intoxicants. And whoever thinks that it is returned to the spending hirer, because it was received under a defective contract, and it must be returned to him like what is received through usury or similar defective contracts, is told: what is received under a defective contract requires mutual return from both sides, so each returns to the other what he received from him, as in the mutual exchange of usury according to those who say that what is received under a defective contract is not owned, as is well known from the madhhab of al-Shafi'i and Ahmad
As for when the received item perishes in the possession of the receiver, he does not have the right to recover its value absolutely. At that point, it is said"
The Shaykh : Yes, continue
The reader: "Even if the apparent analogy requires returning it based on the fact that it was received under a defective contract, the fornicator and the listener of singing and wailing have spent this money willingly, and they have consumed the forbidden compensation, and the prohibition therein is not for their right, but for the right of Allah (Glorified and Exalted is He). This benefit has passed by the receipt, and the principles dictate, and the principles dictate, that if one of, if one of the two compensations is returned, the other is returned. So if it becomes impossible for the hirer to return the benefit, the money is not returned to him
Also, for this one whose benefit has been consumed, it is a harm to take both his benefit and its compensation from him, and its compensation from him"
The Shaykh : And its compensation
The reader: "This is different from the case where the consideration is intoxicants or carrion, for there is no harm to him in their loss, as if they were still present, we would destroy them for him. And the benefit of singing and wailing, if it had not been lost, would have been available to him such that he could have directed that benefit to another matter, namely, he who directed the strength he used. It is said on this basis:"
The Shaykh : Namely, he who directed
The Reader: Yes.
The Shaykh : Namely, he who directed
The reader: "Namely, he who directed the strength he used. It is said on this basis that they should be made to pay it if he demands its possession. It is said: We do not order its payment or its return, like the forbidden contracts of disbelievers. For if they become Muslim before possession, we do not rule for possession, and if they become Muslim after possession, we do not rule for return. But in the case of a Muslim, this wage is forbidden for him because he believed in its prohibition, unlike the disbeliever. And that is because if he demands the wage, we say to him: You were negligent in directing your strength to a forbidden work, so you are not judged to be entitled to the wage. If he takes it and then the payer says: This money, judge for me to have it returned, for I only paid it to him as consideration for a forbidden benefit, we say to him: You paid it in an exchange you agreed to. If you demand the return of what was taken, return to him what you took, if there is a benefit for him in its remaining with him. This and the like applies to what is taken as the price of carrion and intoxicants."
The Shaykh : So this is it, so this is it
The student: So this is possible
The Shaykh : Possible, and the like of this
The student: And the like of this is obligatory in what is taken
The Shaykh : The apparent one, the one I have is better, so this is it
The reader: In my copy, it says in the printed edition: "So this and the like"
The Shaykh : Ah?
The reader: It says in the printed edition: "So this and the like"
The Shaykh : And what is this?
The reader: So this and the like applies to what, to the end of it
The Shaykh : In any case, what we have here means that this is the reality, because how do we combine for him the sale of the consideration and the considered? But in the issue of riba, the correct view is that we take the riba, but we do not give it to the usurer.
So if a person gives a person a million dirhams and says: It is due from you as a million and one hundred thousand after a year, we say: You, the usurer, are not entitled to anything but the million and one hundred thousand. We take it from him and do not give it to the other, but we give it in charity or place it in the public treasury, so that we do not combine for the usurer, if we say we do not take the hundred from him, between the consideration and the considered. And if we return it to the other, it means we have fallen into the forbidden. So we take it from this one. If he says: How, and it is riba? We say: You are the one who agreed to this. Yes.