Continuation of the previous: The author (may Allah have mercy on him) said: Second: The manifestation of the wisdom of Allah the Exalted, in that He legislated in these books for every nation what is suitable for them.
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The Shaykh : The Prophet (peace and blessings be upon him) used to consider the circumstances, even in the case of riba, even in the case of riba he considered the circumstances. Do you agree with this? May Allah reward you with good. Say "no," I like it when you say "no," so that we know. No, right away.
All right. Selling fresh dates for dried dates is forbidden. The Prophet (peace and blessings be upon him) was asked about selling fresh dates for dried dates, and he said:Al-Mustadrak lil-Hakim 20:136. It is not permissible, but he granted a dispensation for al-'araya, he granted a dispensation for al-'araya out of consideration for the circumstances of the people.
What is al-'araya? Al-'araya is when a poor man, a poor man has dried dates from last year, dried dates. When the people started harvesting this fresh date harvest, the good, delicious harvest, he has nothing but dried dates, he has no money to buy with. The Prophet (peace and blessings be upon him) granted him a dispensation to buy the fresh dates on the tops of the palm trees with dried dates. And at first he used to say:Al-Mustadrak lil-Hakim 20:136. A barrier against selling fresh dates for dried dates. But in this situation, out of consideration for the need of the person, what? He granted a dispensation for selling fresh dates for dried dates, even though it is forbidden riba. But the palm tree is estimated, meaning its fruit is estimated, and it is said: If it ripens and becomes dried dates, it will reach one hundred sa', he is given how much of the dried dates? One hundred sa', meaning: the amount of the fresh dates when it dries. This is necessary so that it is a sale of dried dates for dried dates, meaning equal according to the estimate. Why did he permit it? Because of the need.
So it is obligatory that we look into the transactions that are occurring now, if they are of the kind that affects the general public, and people cannot act except by that, and it does not contradict a clear legislative text, then let us be broad in permitting it, so that we do not restrict the people. And be assured that if you restrict the people in a matter where there is confusion, they will commit what is clear, and they will not care. Because most people only want their need to be met, their need in this world, and they do not care. And you will find, for example, if you say this is forbidden and he sees that it is a restriction on him, he says: Religion is ease, you are being strict, go find another scholar who is easier. This is reality. So if you open for the people a door where there is no text, a door in a matter they are afflicted with, and this is a rule that muftis should follow, in a matter where there is no text prohibiting it, and it is something that need calls for, or necessity sometimes, then let it be broad for you to issue a fatwa of permissibility for them, so that they come to the matter in tranquility, not anxious, and so that they do not violate the forbidden things that I said are forbidden. Because there is a difference between a person doing a thing, any Muslim finds the difference between doing a thing while believing it is lawful and doing a thing while believing it is forbidden. Because the second will result in darkness and alienation between him and his Lord (Mighty and Majestic), because he believes that he is doing it while disobeying Allah, so alienation from his Lord (Mighty and Majestic) falls in his heart, and he has to do it, otherwise we would say let him have alienation between him and his Lord so that he repents, but he knows that he will not leave this thing.
So notice this, may Allah bless you, in every place, whenever something happens in the transactions between people, and there is no text prohibiting it, and need is calling for it, or necessity sometimes, then the matter with you is what? It is broad. Especially since we say the original ruling in transactions is what? Permissibility, the original ruling in transactions is permissibility. So these issues in reality require precise consideration in these issues.
For example, we have, and I say this not as a ruling, but as a reminder, we have the paper currency that we deal with, you know it, and I don't need to take something out of the wallet? Yes? It is known.
These paper currencies, some scholars say: There is no riba in them, there is no riba at all, neither riba al-nasi'ah nor riba al-fadl. Do you understand? And this is found in the books of disagreement after these papers occurred. And among those who dealt with this problem a lot and researched it precisely is our Shaykh Abd al-Rahman ibn Sa'di (may Allah have mercy on him) in the Sa'di Fatwas. And it is sufficient for us to say: The Hanbali jurists (may Allah have mercy on them) said: These dirhams, these coins, these dirhams are commodities absolutely, meaning there is no zakah in them and riba does not apply to them, and they explicitly stated, with a strong explicitness, they said: There is no riba in dirhams, because dirhams are currency but not gold or silver.
So these papers are currency and not gold or silver. So if someone came to us and said I want you to apply the words of the Hanbali jurists to these papers, we would say: If we applied their words to these papers, we would say there is no riba in them, there is no riba in them.
So I say this as a reminder to you, not as a ruling. I see that there is riba in them, I see that there is only riba al-nasi'ah in them, as for riba al-fadl, no. Except if it is from one currency, like Saudi riyals for Saudi riyals, in this I pause, meaning for example you want to give me ten, you give me one hundred of the ten denomination, and I give you ninety of the five denomination. Here it is all paper, and the value of the one hundred ten-denomination notes is the value of two hundred five-denomination notes, clear? In this I pause from giving you less than its value in the state system. But Saudi currency for, for example, Egyptian, Sudanese, Iraqi, or Syrian currency, this is fine, even if there is a difference in value, but it must be hand to hand.
Our Shaykh Abd al-Rahman (may Allah have mercy on him) says: It is not required that it be hand to hand either. If you gave me, for example, ten and I did not take its equivalent in currency until the afternoon, you gave me in the morning and I took it in the afternoon, there is no harm. But do not delay, what is forbidden is delay. However, the words of our Shaykh (may Allah have mercy on him) in this issue are subject to consideration, because if delaying the taking is permitted, then delay is permitted. But I see that riba al-nasi'ah applies to it, not riba al-fadl.
So I say this so that you do not be surprised if some people now say that these banks are not to be criticized, because they deal with gold and silver, which the Shari'ah has stated that riba applies to them, they deal with papers, and these papers are the dirhams that the jurists mentioned that there is no riba in them. But I say that, be careful, do not take from me that I approve of it. Absolutely, I criticize it. But I remind you of this, and that a person must build his fiqh on fiqh, be a jurist, a jurist, yes, and he must be fully discerning in matters, and know what people are forced to do and what they need, and there is no clear text regarding what? Regarding prohibition and forbiddance.
But by Allah, if there is a text prohibiting and forbidding, by Allah, if all the people of the earth did it, we would not obey them, and we would say this is forbidden, do what you want,[Al-Kahf 18:29]. But something where there is no text prohibiting it, and need or necessity is calling for it, and it is from the transactions whose original ruling is permissibility, we must reflect until we find an exit for the people. We have lengthened this for you, but if Allah wills, it is beneficial, because this is in reality one of the principles of issuing fatwas. Many people are completely superficial in the words of the jurists, for example, and they do not care and do not look at the needs of the people or the necessities of the people, and this is a mistake, yes.
Is the time up?
All right. Selling fresh dates for dried dates is forbidden. The Prophet (peace and blessings be upon him) was asked about selling fresh dates for dried dates, and he said:
Does it decrease when it dries? They said, yes. He said: Then no.
أينقص إذا جف؟ قالوا نعم، قال: فلا إذنWhat is al-'araya? Al-'araya is when a poor man, a poor man has dried dates from last year, dried dates. When the people started harvesting this fresh date harvest, the good, delicious harvest, he has nothing but dried dates, he has no money to buy with. The Prophet (peace and blessings be upon him) granted him a dispensation to buy the fresh dates on the tops of the palm trees with dried dates. And at first he used to say:
Does it decrease when it dries? They said, yes. He said: Then no.
أينقص إذا جف؟ قالوا نعم. قال: فلا إذنSo it is obligatory that we look into the transactions that are occurring now, if they are of the kind that affects the general public, and people cannot act except by that, and it does not contradict a clear legislative text, then let us be broad in permitting it, so that we do not restrict the people. And be assured that if you restrict the people in a matter where there is confusion, they will commit what is clear, and they will not care. Because most people only want their need to be met, their need in this world, and they do not care. And you will find, for example, if you say this is forbidden and he sees that it is a restriction on him, he says: Religion is ease, you are being strict, go find another scholar who is easier. This is reality. So if you open for the people a door where there is no text, a door in a matter they are afflicted with, and this is a rule that muftis should follow, in a matter where there is no text prohibiting it, and it is something that need calls for, or necessity sometimes, then let it be broad for you to issue a fatwa of permissibility for them, so that they come to the matter in tranquility, not anxious, and so that they do not violate the forbidden things that I said are forbidden. Because there is a difference between a person doing a thing, any Muslim finds the difference between doing a thing while believing it is lawful and doing a thing while believing it is forbidden. Because the second will result in darkness and alienation between him and his Lord (Mighty and Majestic), because he believes that he is doing it while disobeying Allah, so alienation from his Lord (Mighty and Majestic) falls in his heart, and he has to do it, otherwise we would say let him have alienation between him and his Lord so that he repents, but he knows that he will not leave this thing.
So notice this, may Allah bless you, in every place, whenever something happens in the transactions between people, and there is no text prohibiting it, and need is calling for it, or necessity sometimes, then the matter with you is what? It is broad. Especially since we say the original ruling in transactions is what? Permissibility, the original ruling in transactions is permissibility. So these issues in reality require precise consideration in these issues.
For example, we have, and I say this not as a ruling, but as a reminder, we have the paper currency that we deal with, you know it, and I don't need to take something out of the wallet? Yes? It is known.
These paper currencies, some scholars say: There is no riba in them, there is no riba at all, neither riba al-nasi'ah nor riba al-fadl. Do you understand? And this is found in the books of disagreement after these papers occurred. And among those who dealt with this problem a lot and researched it precisely is our Shaykh Abd al-Rahman ibn Sa'di (may Allah have mercy on him) in the Sa'di Fatwas. And it is sufficient for us to say: The Hanbali jurists (may Allah have mercy on them) said: These dirhams, these coins, these dirhams are commodities absolutely, meaning there is no zakah in them and riba does not apply to them, and they explicitly stated, with a strong explicitness, they said: There is no riba in dirhams, because dirhams are currency but not gold or silver.
So these papers are currency and not gold or silver. So if someone came to us and said I want you to apply the words of the Hanbali jurists to these papers, we would say: If we applied their words to these papers, we would say there is no riba in them, there is no riba in them.
So I say this as a reminder to you, not as a ruling. I see that there is riba in them, I see that there is only riba al-nasi'ah in them, as for riba al-fadl, no. Except if it is from one currency, like Saudi riyals for Saudi riyals, in this I pause, meaning for example you want to give me ten, you give me one hundred of the ten denomination, and I give you ninety of the five denomination. Here it is all paper, and the value of the one hundred ten-denomination notes is the value of two hundred five-denomination notes, clear? In this I pause from giving you less than its value in the state system. But Saudi currency for, for example, Egyptian, Sudanese, Iraqi, or Syrian currency, this is fine, even if there is a difference in value, but it must be hand to hand.
Our Shaykh Abd al-Rahman (may Allah have mercy on him) says: It is not required that it be hand to hand either. If you gave me, for example, ten and I did not take its equivalent in currency until the afternoon, you gave me in the morning and I took it in the afternoon, there is no harm. But do not delay, what is forbidden is delay. However, the words of our Shaykh (may Allah have mercy on him) in this issue are subject to consideration, because if delaying the taking is permitted, then delay is permitted. But I see that riba al-nasi'ah applies to it, not riba al-fadl.
So I say this so that you do not be surprised if some people now say that these banks are not to be criticized, because they deal with gold and silver, which the Shari'ah has stated that riba applies to them, they deal with papers, and these papers are the dirhams that the jurists mentioned that there is no riba in them. But I say that, be careful, do not take from me that I approve of it. Absolutely, I criticize it. But I remind you of this, and that a person must build his fiqh on fiqh, be a jurist, a jurist, yes, and he must be fully discerning in matters, and know what people are forced to do and what they need, and there is no clear text regarding what? Regarding prohibition and forbiddance.
But by Allah, if there is a text prohibiting and forbidding, by Allah, if all the people of the earth did it, we would not obey them, and we would say this is forbidden, do what you want,
so whoever wills - let him believe; and whoever wills - let him disbelieve
فمن شاء فليؤمن ومن شاء فليكفرIs the time up?
