Discussion of what was previously taken from sales.
Machine translationRead the Arabic original
The Shaykh : All right, what is the original ruling regarding sales?
The student: Permissibility.
The Shaykh : The proof?
The student: ...
The Shaykh : No.
The student: ...
The Shaykh : No, no.
The student :[Al-Baqarah 2:275].
The Shaykh : His saying, may He be Exalted? Hmm?
The student: His saying, may He be Exalted:[Al-Baqarah 2:275].
The Shaykh : All right, which earning is the best? Which earning is the best?
The student: A man’s work with his hand...
The Shaykh : Huh?
The student: A man’s work with his hand.
The Shaykh : Yes.
The student: ...
The Shaykh : Only?
The student: And every approved sale.
The Shaykh : And every approved sale. All right, what is meant by a man’s work with his hand, Ziyad?
The student: Yes, it means that every work done with one’s hand, such as farming, plowing, gathering firewood, and others...
The Shaykh : And hunting.
The student: And hunting, yes.
The Shaykh : And the like. This is the best earning, meaning it contains no doubt whatsoever. All right, every approved sale, Khalid, what is meant by it?
The student: It means... truthfulness, clarity, and conformity with the Shari'ah.
The Shaykh : All right, everyone, how... truthfulness, clarity, and conformity with the Shari'ah. All right, does that include leasing and the like, 'Abd al-Rahman?
The student: Leasing?
The Shaykh : What?
The student: Like a sale.
The Shaykh : Yes.
The student: Like a sale.
The Shaykh : Leasing, because it is a type of sale, since it is the sale of benefits, so it falls under the hadith. All right, we read the first hadith of Jabir, hmm? When did the Messenger (peace and blessings be upon him) say:Sunan Abi Dawud 3486Sahih (Al-Albani) to the end?
The student: ...
The Shaykh : Yes.
The student: The year of the Conquest of Makkah.
The Shaykh : The year of the Conquest of Makkah, in which year?
The student: The eighth year.
The Shaykh : Huh?
The student: The eighth, the eighth.
The Shaykh : In the eighth year of the Hijrah, or before?
The student: No, the eighth.
The Shaykh : Are you sure?
The student: I am sure.
The Shaykh : Yes, in which month?
The student: And it was in Makkah.
The Shaykh : In which month? In Makkah, this place.
The student: Shawwal.
The Shaykh : In Shawwal, yes?
The student: In Ramadan.
The Shaykh : In Ramadan, the Conquest of Makkah was in Ramadan.
The student: ...
The Shaykh : Huh?
The student: ... Shawwal.
The Shaykh : Yes, but the Conquest of Makkah was in Ramadan. All right, as for the hadith of Jabir, we do not know whether it was in Ramadan or Shawwal; we do not know. All right, it says:Sunan Abi Dawud 3486Sahih (Al-Albani) to the end. What is khamr, Khalid?
The student: Khamr is everything that is intoxicating.
The Shaykh : Everything that is intoxicating.
The student: Every intoxicant is khamr, and an intoxicant is that which dulls the mind in a state of... and pleasure.
The Shaykh : ...
The student: ... and intoxication and... and drunkenness.
The Shaykh : All right, so khamr is every intoxicant, and an intoxicant is everything that covers the mind in a state of pleasure and delight, not in a state of fainting or the like. All right, does it include anesthesia, Hajjaj?
The student: It is not included.
The Shaykh : Why?
The student: It is not included, because it does not cover the mind in a state of pleasure and delight.
The Shaykh : Yes, but it does cover the mind. That is why people may call for khamr, but they do not call for taking anesthesia except out of necessity. A person distinguishes between this and that. All right, carrion...
The student: Yes.
The Shaykh : What is meant by carrion?
The student: Carrion is that which died without a lawful slaughter...
The Shaykh : What, what? Did not die?
The student: Without a lawful slaughter.
The Shaykh : Yes, it was not slaughtered with a non-lawful slaughter, that is one case, or?
The student: It includes three types: that which lawful slaughter does not make permissible, such as a donkey.
The Shaykh : That which lawful slaughter does not make permissible, such as a donkey.
The student: That which died of its own accord, or that which died without slaughter...
The Shaykh : Was not slaughtered?
The student: With a lawful slaughter.
The Shaykh : Other than lawful slaughter.
The student: Such as the lack of qualification of the one slaughtering.
The Shaykh : Meaning we say it died without a lawful slaughter, is that right?
The student: Yes.
The Shaykh : Does it include?
The student: It includes that which died of its own accord.
The Shaykh : That which lawful slaughter does not make permissible, such as?
The student: ...
The Shaykh : All right, and that which died of its own accord, such as a sheep that dies, for example. And the third?
The student: That which died without a lawful slaughter due to the lack of qualification of the one slaughtering.
The Shaykh : It was not slaughtered, not that it died, it was not slaughtered. But if you say it died without a lawful slaughter... three categories. It was not slaughtered with a non-lawful slaughter, all right, such as?
The student: The lack of qualification of the one slaughtering... a disbeliever.
The Shaykh : Yes, well done. Either due to the lack of qualification of the one slaughtering, such as if one who does not pray slaughters it, yes, or due to a defect in... the slaughter.
The questioner : Do we say, Shaykh, it was not slaughtered with a lawful slaughter, but the defect is in the one slaughtering?
The Shaykh : No, no, you do not say lawful if there is a defect in the one slaughtering; it is not lawful. All right, the pig is a known animal with characteristics. Characteristics, Sufyan?
The student: That it eats impurities and excrement.
The Shaykh : Yes.
The student: And it has no jealousy or possessiveness.
The Shaykh : Yes, and if a person feeds on it, he acquires some of its morals. All right, idols, idols, my brother? The one behind you, 'Abd Allah.
The student: Yes, Shaykh.
The Shaykh : Ah?
The student: ...
The Shaykh : Everything that is worshipped besides Allah. All right, the prohibition of these things, we said, is to preserve four matters...
The student: Five.
The Shaykh : Or five. All right, come on, Shaybah!
The student: The first is fitrah.
The Shaykh : Khamr.
The student: Yes, khamr.
The Shaykh : To protect what?
The student: To protect the mind.
The Shaykh : Very well.
The student: And carrion protects the...
The Shaykh : The body.
The student: The body.
The Shaykh : Yes.
The student: And the pig protects fitrah, because it changes the nature of the human being, meaning from his sound and good fitrah to doing evil.
The Shaykh : Very well.
The student: Meaning it does not change and...
The Shaykh : It does not get jealous, it does not get jealous.
The student: Yes.
The Shaykh : It does not get jealous.
The student: It does not get jealous.
The Shaykh : Because "yughayyir" means to mount.
The student: Yes, it does not get jealous, and the pig...
The Shaykh : All right, it does not contradict what is known. What comes after? These are three.
The student: Three?
The Shaykh : Yes.
The student: And the fourth is idols.
The Shaykh : To protect what?
The student: Yes?
The Shaykh : To protect what.
The student: Religions.
The Shaykh : To protect religions.
The student: Yes.
The Shaykh : All right, how many are these?
The student: Four.
The Shaykh : Four, yes.
The student: And also wealth.
The Shaykh : To protect wealth, yes. How is that?
The student: Meaning... spending wealth in what is appropriate.
The Shaykh : Well done, because spending it in this way is a waste of it, or not?
The student: Yes.
The Shaykh : So the Lawgiver prohibited the sale of these things to protect these five matters, is that right? The minds, the bodies, the morals, the religions, and the wealth...
The student: ...
The Shaykh : Huh?
The student: To protect society.
The Shaykh : We can say to protect society in general.
The student: ...
The Shaykh : Yes
The student: ...
The Shaykh : Khamr. All right, we continue now.
The student: Permissibility.
The Shaykh : The proof?
The student: ...
The Shaykh : No.
The student: ...
The Shaykh : No, no.
The student :
But Allah has permitted trade and has forbidden interest
وأحل الله البيع وحرّم الرّباThe Shaykh : His saying, may He be Exalted? Hmm?
The student: His saying, may He be Exalted:
But Allah has permitted trade and has forbidden interest
وأحلّ الله البيع وحرّم الرّباThe Shaykh : All right, which earning is the best? Which earning is the best?
The student: A man’s work with his hand...
The Shaykh : Huh?
The student: A man’s work with his hand.
The Shaykh : Yes.
The student: ...
The Shaykh : Only?
The student: And every approved sale.
The Shaykh : And every approved sale. All right, what is meant by a man’s work with his hand, Ziyad?
The student: Yes, it means that every work done with one’s hand, such as farming, plowing, gathering firewood, and others...
The Shaykh : And hunting.
The student: And hunting, yes.
The Shaykh : And the like. This is the best earning, meaning it contains no doubt whatsoever. All right, every approved sale, Khalid, what is meant by it?
The student: It means... truthfulness, clarity, and conformity with the Shari'ah.
The Shaykh : All right, everyone, how... truthfulness, clarity, and conformity with the Shari'ah. All right, does that include leasing and the like, 'Abd al-Rahman?
The student: Leasing?
The Shaykh : What?
The student: Like a sale.
The Shaykh : Yes.
The student: Like a sale.
The Shaykh : Leasing, because it is a type of sale, since it is the sale of benefits, so it falls under the hadith. All right, we read the first hadith of Jabir, hmm? When did the Messenger (peace and blessings be upon him) say:
Allah has forbidden the sale of wine, animals which have
إنّ الله حرّم بيع الخمر والميتةThe student: ...
The Shaykh : Yes.
The student: The year of the Conquest of Makkah.
The Shaykh : The year of the Conquest of Makkah, in which year?
The student: The eighth year.
The Shaykh : Huh?
The student: The eighth, the eighth.
The Shaykh : In the eighth year of the Hijrah, or before?
The student: No, the eighth.
The Shaykh : Are you sure?
The student: I am sure.
The Shaykh : Yes, in which month?
The student: And it was in Makkah.
The Shaykh : In which month? In Makkah, this place.
The student: Shawwal.
The Shaykh : In Shawwal, yes?
The student: In Ramadan.
The Shaykh : In Ramadan, the Conquest of Makkah was in Ramadan.
The student: ...
The Shaykh : Huh?
The student: ... Shawwal.
The Shaykh : Yes, but the Conquest of Makkah was in Ramadan. All right, as for the hadith of Jabir, we do not know whether it was in Ramadan or Shawwal; we do not know. All right, it says:
Allah has forbidden the sale of wine, animals which have
إنّ الله حرّم بيع الخمر والميتةThe student: Khamr is everything that is intoxicating.
The Shaykh : Everything that is intoxicating.
The student: Every intoxicant is khamr, and an intoxicant is that which dulls the mind in a state of... and pleasure.
The Shaykh : ...
The student: ... and intoxication and... and drunkenness.
The Shaykh : All right, so khamr is every intoxicant, and an intoxicant is everything that covers the mind in a state of pleasure and delight, not in a state of fainting or the like. All right, does it include anesthesia, Hajjaj?
The student: It is not included.
The Shaykh : Why?
The student: It is not included, because it does not cover the mind in a state of pleasure and delight.
The Shaykh : Yes, but it does cover the mind. That is why people may call for khamr, but they do not call for taking anesthesia except out of necessity. A person distinguishes between this and that. All right, carrion...
The student: Yes.
The Shaykh : What is meant by carrion?
The student: Carrion is that which died without a lawful slaughter...
The Shaykh : What, what? Did not die?
The student: Without a lawful slaughter.
The Shaykh : Yes, it was not slaughtered with a non-lawful slaughter, that is one case, or?
The student: It includes three types: that which lawful slaughter does not make permissible, such as a donkey.
The Shaykh : That which lawful slaughter does not make permissible, such as a donkey.
The student: That which died of its own accord, or that which died without slaughter...
The Shaykh : Was not slaughtered?
The student: With a lawful slaughter.
The Shaykh : Other than lawful slaughter.
The student: Such as the lack of qualification of the one slaughtering.
The Shaykh : Meaning we say it died without a lawful slaughter, is that right?
The student: Yes.
The Shaykh : Does it include?
The student: It includes that which died of its own accord.
The Shaykh : That which lawful slaughter does not make permissible, such as?
The student: ...
The Shaykh : All right, and that which died of its own accord, such as a sheep that dies, for example. And the third?
The student: That which died without a lawful slaughter due to the lack of qualification of the one slaughtering.
The Shaykh : It was not slaughtered, not that it died, it was not slaughtered. But if you say it died without a lawful slaughter... three categories. It was not slaughtered with a non-lawful slaughter, all right, such as?
The student: The lack of qualification of the one slaughtering... a disbeliever.
The Shaykh : Yes, well done. Either due to the lack of qualification of the one slaughtering, such as if one who does not pray slaughters it, yes, or due to a defect in... the slaughter.
The questioner : Do we say, Shaykh, it was not slaughtered with a lawful slaughter, but the defect is in the one slaughtering?
The Shaykh : No, no, you do not say lawful if there is a defect in the one slaughtering; it is not lawful. All right, the pig is a known animal with characteristics. Characteristics, Sufyan?
The student: That it eats impurities and excrement.
The Shaykh : Yes.
The student: And it has no jealousy or possessiveness.
The Shaykh : Yes, and if a person feeds on it, he acquires some of its morals. All right, idols, idols, my brother? The one behind you, 'Abd Allah.
The student: Yes, Shaykh.
The Shaykh : Ah?
The student: ...
The Shaykh : Everything that is worshipped besides Allah. All right, the prohibition of these things, we said, is to preserve four matters...
The student: Five.
The Shaykh : Or five. All right, come on, Shaybah!
The student: The first is fitrah.
The Shaykh : Khamr.
The student: Yes, khamr.
The Shaykh : To protect what?
The student: To protect the mind.
The Shaykh : Very well.
The student: And carrion protects the...
The Shaykh : The body.
The student: The body.
The Shaykh : Yes.
The student: And the pig protects fitrah, because it changes the nature of the human being, meaning from his sound and good fitrah to doing evil.
The Shaykh : Very well.
The student: Meaning it does not change and...
The Shaykh : It does not get jealous, it does not get jealous.
The student: Yes.
The Shaykh : It does not get jealous.
The student: It does not get jealous.
The Shaykh : Because "yughayyir" means to mount.
The student: Yes, it does not get jealous, and the pig...
The Shaykh : All right, it does not contradict what is known. What comes after? These are three.
The student: Three?
The Shaykh : Yes.
The student: And the fourth is idols.
The Shaykh : To protect what?
The student: Yes?
The Shaykh : To protect what.
The student: Religions.
The Shaykh : To protect religions.
The student: Yes.
The Shaykh : All right, how many are these?
The student: Four.
The Shaykh : Four, yes.
The student: And also wealth.
The Shaykh : To protect wealth, yes. How is that?
The student: Meaning... spending wealth in what is appropriate.
The Shaykh : Well done, because spending it in this way is a waste of it, or not?
The student: Yes.
The Shaykh : So the Lawgiver prohibited the sale of these things to protect these five matters, is that right? The minds, the bodies, the morals, the religions, and the wealth...
The student: ...
The Shaykh : Huh?
The student: To protect society.
The Shaykh : We can say to protect society in general.
The student: ...
The Shaykh : Yes
The student: ...
The Shaykh : Khamr. All right, we continue now.
