Discussion of the benefits previously derived from Jabir's hadith regarding the camel and the hadith following it concerning the freeing of a slave upon the death of his master.
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The Shaykh : Several benefits were mentioned earlier in the remainder of Jabir's hadith:
First, that a gift is established by what indicates it, without an offer or acceptance. Where do we derive this from, O Abd al-Rahman?
The student: ...
The Shaykh : A gift is established by what indicates it, even if there is no acceptance from the recipient.
The student: Because he (peace and blessings be upon him) said:Sahih Muslim 715m and Jabir did not say, "I accepted."
The Shaykh : Yes, indeed.
The student: ... acceptance is not required, or ... it has no value ...
The Shaykh : That contracts are established by what indicates them. Good. A man bought a house from a person and stipulated that he would live in it for a year. Is this permissible, or not?
The student: ...
The Shaykh : The proof?
The student: The evidence is Jabir's hadith ...
The Shaykh : Yes, good. He stipulated living in it until he buys a house in its place?
The student: It is not permissible.
The Shaykh : Why?
The student: Because ...
The Shaykh : That is, it is unknown. Perfect, good, yes. Is there evidence here for the permissibility of appointing an agent to deliver the price?
The student: Because it is established in another narration that the Prophet (peace and blessings be upon him) ordered Bilal to weigh it for him.
The Shaykh : Yes, well done. Good. It also contains evidence of the generosity of the Messenger (peace and blessings be upon him), Yasser?
The student: ... (peace and blessings be upon him)Sahih Muslim 715m
The Shaykh : What is the aspect of generosity?
The student: The aspect of generosity is that he ...
The Shaykh : Can you hear?
The student: And when ..
The Shaykh : I am saying, can you hear?
The student: ...
The Shaykh : Yes.
The student: When it reached ... he gave him his camel and gave him his dirhams on top of that, and this is from his generosity.
The Shaykh : That he combined for him the consideration and the thing considered. Good. Jabir says: "A man among them freed a slave of his upon his death" What does this mean, O Shaker?
The student: Upon his death?
The Shaykh : Yes, indeed.
The student: It is that he frees a slave of his and says, "You are free after my death."
The Shaykh : How do you say he frees his slave and says, "You are free after my death"?
The student: He conditions his freedom upon his death.
The Shaykh : Your words are contradictory. Your words now are contradictory. He frees him, then says, "You are free after my death"?!
The student: ...
The Shaykh : What does he say?
The student: He says, "After my death, you are free."
The Shaykh : Meaning, suspending the freedom?
The student: Upon death.
The Shaykh : Upon death. This answer is correct. Suspending the freedom upon death, is that right? Good. Why did the Messenger (peace and blessings be upon him) sell this slave whose freedom was suspended? The brother? No, the one on your right, O Faisal! The one on your right, come on.
The student: Yes.
The Shaykh : The question is for you, the one on your right, O Faisal!
The student: ...
The Shaykh : There is no power and no strength except with Allah. Yes.
The student: The question, O Shaykh, I did not understand.
The Shaykh : Did I not ask?
The student: I did not hear you.
The Shaykh : Why did you not hear? Are you not present?
The student: I am present.
The Shaykh : Huh?
The student: ...
The Shaykh : ... Good, I will say, why did the Prophet (peace and blessings be upon him) sell this slave whose freedom was suspended?
The student: He sold him because his owner had a debt.
The Shaykh : Because his owner had a debt. Good, so he wanted to pay his debt from that. Good. Can it be derived from this that the freeing of a debtor is not valid, O Khalid?
The student: Yes.
The Shaykh : Huh? How?
The student: Because the Prophet (peace and blessings be upon him) invalidated the freedom.
The Shaykh : Invalidated the freedom and sold him to pay?
The student: The debt.
The Shaykh : To pay the debt. Good. It fell, it fell, and the brother, yes, it fell and fell in gasoline and died. What is the ruling?
The student: In gasoline?
The Shaykh : Yes, indeed.
The student: He uses the gasoline.
The Shaykh : He uses it? Meaning, he does not find it and does not surround it? What?
The student: He does not find it.
The Shaykh : Good, is there no detail or anything?!
The student: ...
The Shaykh : A student of knowledge should not find these simple issues difficult.
The student: ...
The Shaykh : Very well.
The student: There is a detail if it does not harm ... using the car ...
The Shaykh : What contradicts it, okay.
The student: ...
The Shaykh : But how, if it does not harm the car ... then there is no harm, and if it harms it? And if it harms it?
The student: ...
The Shaykh : Meaning, it is not permissible.
The student: It is not used because ...
The Shaykh : The important thing is, in truth, we do not say that there is a detail. If one fears that the impurity will spread ... he throws it away and what is around it, and the rest remains pure. But if one does not fear that the impurity will spread, like this gasoline, he puts it in the car without his clothes and body becoming impure, then this is ... nothing.
The student: ...
The Shaykh : No, it is in ... a liquid in ... a liquid. Good, in any case, we now say that impurities, if ... the car, of course, is not harmed by the impurity, as it appears. Yes, so is this matter that it cannot be used except in a way that spreads, and here it is purified, or is there no harm?
The questioner : ...
The Shaykh : No, it ... it did not tear, it did not tear, meaning
The questioner : ... chemical substances
The Shaykh : In any case, leave it ... Yes, why did the Prophet (peace and blessings be upon him) order it to be thrown away and what is around it, Ibrahim?
The student: ... throwing it away and what is around it because it is carrion and impure.
The Shaykh : Yes.
The student: And what is around it is affected by it.
The Shaykh : Yes, good. Do you distinguish between solid and liquid, O Ibrahim?
The student: According to the second narration, he distinguishes. If it is solid, according to the narration of Ahmad and al-Nasa'i.
The Shaykh : But the correct view is that there is no difference. Yes, and this detail is weak.
First, that a gift is established by what indicates it, without an offer or acceptance. Where do we derive this from, O Abd al-Rahman?
The student: ...
The Shaykh : A gift is established by what indicates it, even if there is no acceptance from the recipient.
The student: Because he (peace and blessings be upon him) said:
Take your camel and your coins; these are yours.
خذ جملك ودراهمك فهو لكThe Shaykh : Yes, indeed.
The student: ... acceptance is not required, or ... it has no value ...
The Shaykh : That contracts are established by what indicates them. Good. A man bought a house from a person and stipulated that he would live in it for a year. Is this permissible, or not?
The student: ...
The Shaykh : The proof?
The student: The evidence is Jabir's hadith ...
The Shaykh : Yes, good. He stipulated living in it until he buys a house in its place?
The student: It is not permissible.
The Shaykh : Why?
The student: Because ...
The Shaykh : That is, it is unknown. Perfect, good, yes. Is there evidence here for the permissibility of appointing an agent to deliver the price?
The student: Because it is established in another narration that the Prophet (peace and blessings be upon him) ordered Bilal to weigh it for him.
The Shaykh : Yes, well done. Good. It also contains evidence of the generosity of the Messenger (peace and blessings be upon him), Yasser?
The student: ... (peace and blessings be upon him)
Take your camel and your coins; these are yours.
خذ جملك ودراهمك فهو لكThe Shaykh : What is the aspect of generosity?
The student: The aspect of generosity is that he ...
The Shaykh : Can you hear?
The student: And when ..
The Shaykh : I am saying, can you hear?
The student: ...
The Shaykh : Yes.
The student: When it reached ... he gave him his camel and gave him his dirhams on top of that, and this is from his generosity.
The Shaykh : That he combined for him the consideration and the thing considered. Good. Jabir says: "A man among them freed a slave of his upon his death" What does this mean, O Shaker?
The student: Upon his death?
The Shaykh : Yes, indeed.
The student: It is that he frees a slave of his and says, "You are free after my death."
The Shaykh : How do you say he frees his slave and says, "You are free after my death"?
The student: He conditions his freedom upon his death.
The Shaykh : Your words are contradictory. Your words now are contradictory. He frees him, then says, "You are free after my death"?!
The student: ...
The Shaykh : What does he say?
The student: He says, "After my death, you are free."
The Shaykh : Meaning, suspending the freedom?
The student: Upon death.
The Shaykh : Upon death. This answer is correct. Suspending the freedom upon death, is that right? Good. Why did the Messenger (peace and blessings be upon him) sell this slave whose freedom was suspended? The brother? No, the one on your right, O Faisal! The one on your right, come on.
The student: Yes.
The Shaykh : The question is for you, the one on your right, O Faisal!
The student: ...
The Shaykh : There is no power and no strength except with Allah. Yes.
The student: The question, O Shaykh, I did not understand.
The Shaykh : Did I not ask?
The student: I did not hear you.
The Shaykh : Why did you not hear? Are you not present?
The student: I am present.
The Shaykh : Huh?
The student: ...
The Shaykh : ... Good, I will say, why did the Prophet (peace and blessings be upon him) sell this slave whose freedom was suspended?
The student: He sold him because his owner had a debt.
The Shaykh : Because his owner had a debt. Good, so he wanted to pay his debt from that. Good. Can it be derived from this that the freeing of a debtor is not valid, O Khalid?
The student: Yes.
The Shaykh : Huh? How?
The student: Because the Prophet (peace and blessings be upon him) invalidated the freedom.
The Shaykh : Invalidated the freedom and sold him to pay?
The student: The debt.
The Shaykh : To pay the debt. Good. It fell, it fell, and the brother, yes, it fell and fell in gasoline and died. What is the ruling?
The student: In gasoline?
The Shaykh : Yes, indeed.
The student: He uses the gasoline.
The Shaykh : He uses it? Meaning, he does not find it and does not surround it? What?
The student: He does not find it.
The Shaykh : Good, is there no detail or anything?!
The student: ...
The Shaykh : A student of knowledge should not find these simple issues difficult.
The student: ...
The Shaykh : Very well.
The student: There is a detail if it does not harm ... using the car ...
The Shaykh : What contradicts it, okay.
The student: ...
The Shaykh : But how, if it does not harm the car ... then there is no harm, and if it harms it? And if it harms it?
The student: ...
The Shaykh : Meaning, it is not permissible.
The student: It is not used because ...
The Shaykh : The important thing is, in truth, we do not say that there is a detail. If one fears that the impurity will spread ... he throws it away and what is around it, and the rest remains pure. But if one does not fear that the impurity will spread, like this gasoline, he puts it in the car without his clothes and body becoming impure, then this is ... nothing.
The student: ...
The Shaykh : No, it is in ... a liquid in ... a liquid. Good, in any case, we now say that impurities, if ... the car, of course, is not harmed by the impurity, as it appears. Yes, so is this matter that it cannot be used except in a way that spreads, and here it is purified, or is there no harm?
The questioner : ...
The Shaykh : No, it ... it did not tear, it did not tear, meaning
The questioner : ... chemical substances
The Shaykh : In any case, leave it ... Yes, why did the Prophet (peace and blessings be upon him) order it to be thrown away and what is around it, Ibrahim?
The student: ... throwing it away and what is around it because it is carrion and impure.
The Shaykh : Yes.
The student: And what is around it is affected by it.
The Shaykh : Yes, good. Do you distinguish between solid and liquid, O Ibrahim?
The student: According to the second narration, he distinguishes. If it is solid, according to the narration of Ahmad and al-Nasa'i.
The Shaykh : But the correct view is that there is no difference. Yes, and this detail is weak.