Continuation of the benefits of the hadith: (That the Messenger of Allah (peace and blessings be upon him) appointed a man over Khaybar, so he brought him Janyb dates...)

The Shaykh : Among the benefits of the hadith:
That a difference in variety does not also affect the prohibition of riba. A difference in variety, and I think you know the difference between variety (naw') and genus (jins)?
The student: Yes.

The Shaykh : All dates are of one genus, but they are of many varieties: for example, Sukkari, Shuqra, Umm al-Hamam, many varieties, but a difference in variety does not affect [the ruling].
And on this basis, it is not permissible for me to sell a sa' of Sukkari for two sa' of Shuqra, is it? Even if the variety is different, as evidenced by the fact that mixed dates, of different varieties, are still prohibited from being sold in unequal amounts for Janyb dates to which nothing was mixed. This indicates that a difference in variety does not affect the prohibition of riba.
And among the benefits of the hadith: that it is not permissible to ratify a contract that contains something forbidden, rather it is obligatory that this contract be renewed and annulled, due to the saying of the Messenger (may the prayer and peace of Allah be upon him) in the other narration: , and this indicates the invalidity of the contract even if the person is ignorant.
So if someone says: Did not Allah the Exalted say in His Book: ?
The answer is: Yes, He said that, and we do not say that we will hold you accountable for your mistake or forgetfulness, rather you are excused and there is no sin upon you, but ratifying a contract that the Shari'ah has invalidated after you have learned that it is invalid, you must invalidate it. If you had done it intentionally with knowledge and it was mentioned to you, you would be sinful along with the obligation to return it, but now you are not sinful, yet it is obligatory to return it.
Now, and among the benefits of the hadith: that it is recommended for the mufti, when he mentions a prohibition, to mention to people the door of permissibility, so that when the door is closed from one side, the door is opened for them from another side. The explanation of this is: that the Messenger (may the prayers and peace of Allah be upon him) guided him to this when he said: This is prohibited. Hazin did not know what to do, rather he guided him and said: , , and so it is recommended for the mufti and the scholar and everyone who speaks about matters of the Shari'ah: when he mentions to people the prohibited door, that he mention to them the permissible door, so that they are on clear understanding and so that their affairs proceed, because people must contract and deal with one another.
And from this, if a person mentions to people a bid'ah (religious innovation) by which they worship Allah, and says to them: This is a bid'ah, for example, it is recommended that he open for them the door of the Sunnah, so for example he says: This suffices for it, if he says: This is a bid'ah, he says: This and that suffices for it.
For example, if he says: The bid'ah of the Mawlid—and since we are now in the month of Rabi' al-Awwal and the fifteenth night, we are close in time to those who celebrate the twelfth night of this month with what they say of blessings upon the Prophet (peace and blessings be upon him)—if we say to them: That this is a bid'ah and not a Sunnah, not from the Messenger, nor from the Companions, nor from the Tabi'un, nor from the Imams of the Muslims, we say: Instead of this which you claim contains remembrance of the Messenger (may the prayer and peace of Allah be upon him), either we tell you: That the remembrance of the Messenger (may the prayer and peace of Allah be upon him) is a collective obligation (fard kifayah) upon the Muslims five times every day when the prayers occur, in what?
The student: The adhan.

The Shaykh : In the adhan, "I bear witness that Muhammad is the Messenger of Allah" before the witnesses, and the remembrance of the Messenger (may the prayer and peace of Allah be upon him) in every act of worship, every act of worship, the intelligent and wise person remembers the Prophet (may the prayer and peace of Allah be upon him), not by his name but by following him, every act of worship must contain sincerity to Allah and following the Messenger (peace and blessings be upon him), and when you keep the following in mind, there will be in your heart a remembrance of the Messenger (may the prayer and peace of Allah be upon him).
Then in the five prayers: "Peace be upon you, O Prophet" is obligatory, either it is obligatory twice in the prayer or once.
So when we mention to them this bid'ah, we say to them: You have much Sunnah, what do you say about this? About this bid'ah?
So the important thing is that the person for whom it is recommended, who undertakes to issue fatwas to people or otherwise, when he mentions to them the prohibited thing, let him mention to them the thing that takes its place.
Now, and this, as it is something to which the Messenger (may the prayers and peace of Allah be upon him) directed, is also something to which the Creator (Mighty and Majestic) directed, so Allah the Exalted said: : When He prohibited this phrase, He concerned us, so He opened for them another phrase and said: : so that they may be content with what Allah has permitted instead of what Allah has forbidden.
And of that is the saying of Lut (peace be upon him) to his people: and what follows? : These spouses are created for you, you call upon them and you go to the forbidden thing.
So the result: that this is one of the things to which Allah directed in His Book, and to which the Messenger directed: that when you close a door upon people, open for them the doors of permissibility.
And among the benefits of this hadith: that some scholars used it as evidence for the permissibility of 'inah, or for the permissibility of a trick (hila) as they say: Sell the dates for dirhams: if you sell it to Zayd for dirhams and buy with it good dates for dirhams, they say: That this indicates the permissibility of tricking to avoid riba, the permissibility of tricking to avoid riba, how?!
Because instead of saying: Take this bad dates, two sa' and give us one sa', you say: Take this bad dates for ten riyals, and give me one sa' for ten riyals, and this is a trick, a trick: meaning dates for dates, you inserted dirhams that were not received between them, but this evidence is not correct, because the saying of the Messenger (peace and blessings be upon him): is general, he did not say: Buy from the one you sell to, nor buy from another, so it is general, and the general is restricted by what the Sunnah indicated from another path, which is: the prohibition of tricks, for the Sunnah indicated the prohibition of tricks, as in his saying (may the prayer and peace of Allah be upon him): :
So he cursed them because they tricked, when the fats were forbidden to them, they said: We do not eat the fats, we melt them then sell them then take the dirhams.
And he said (may the prayer and peace of Allah be upon him) in what Imam Ahmad narrated in *Al-Musnad*: .
And it is known that the one who forbids one sa' for two sa' of dates, His wisdom refuses to permit you to say: I sold you these two sa' for ten dirhams, so give me with them one sa' of good dates, this is playing with [the ruling], so there is no evidence in the hadith for what they held, because it is general, and the general must be restricted by what the texts indicated regarding the prohibition of tricks.
I think we will not complete the benefits of the hadith that passed, and here is a note before [that], I mentioned yesterday in the hadith: that Ahmad narrated it, and this is a mistake of mine, but the Shaykh al-Islam mentioned it in his book *Ibtal al-Tahleel* and said: "Its chain is good", so let one be aware of that.
Now we take the benefits:
Among the benefits of the hadith: the permissibility of choosing the best of foods and that it does not contradict asceticism, where is this taken from? From the fact that the Prophet (peace and blessings be upon him) approved the man's choice of good dates to feed the Prophet (peace and blessings be upon him), and he did not say: No, so choosing the best of varieties is undoubtedly permissible for this hadith, and it does not contradict asceticism, because the reality of asceticism is: "leaving what does not benefit in the Hereafter", this is asceticism, and scrupulousness (wara') is: "leaving what harms in the Hereafter", so asceticism is more comprehensive than scrupulousness because the ascetic leaves everything that does not benefit him in the Hereafter.
So if someone says: If we say that choosing the best of foods does not contradict asceticism, is it possible to turn it into asceticism?
The answer is: Yes, if the person intends to worship with this good food as a favor of Allah upon him, and to know the favor of Allah by it, it becomes worship and becomes beneficial in the Hereafter.
Now, and among the benefits of this hadith: that riba applies to gold and silver if we specify the term "weighed" with them, or to everything weighed if we say by generality, and that it is not permissible to have excess.
And among the benefits of the hadith: the refutation of those who said for the permissibility of riba if it does not contain oppression, where they explained the prohibition of riba by it being oppression and said: If the cause is removed, the ruling is removed, and they built upon this the permissibility of riba for investment and not for exploitation, where is this taken from?
The point is that this transaction contains no riba (usury or interest) and no injustice; he took a good sa' (a dry measure of about 3 kg) and was given back two poor sa's.
Likewise, the one who offered the excess was not wronged, because he sees that taking the good sa' for two sa's is a gain for him and involves no injustice against him. This indicates that riba (usury or interest) is prohibited whether the 'illah (the operative cause of a ruling) for which the ruling was established is present or not.
There is no doubt that this hadith (a report of the Prophet's words or deeds) refutes those who said it is permissible if the riba (usury or interest) is for the sake of investment and economic development, as they claimed.
So we say: There is no injustice in this hadith (a report of the Prophet's words or deeds); rather, there is choice and will.
Now, among the benefits of the hadith (a report of the Prophet's words or deeds) is also that when Allah (Glorified and Exalted is He) forbids something to His servants, He opens a door for them to the permissible.
In fact, we say that the doors to the permissible are more numerous than the doors to the prohibited, based on His saying (Glorified and Exalted is He) in the Qudsi hadith (a report of the Prophet's words or deeds) regarding what He wrote with Him: . Thus, anger leads to prohibition, just as Allah forbade to those who became Jews, due to their injustice: . And mercy is the cause of expansion and permissibility. The door to permissible matters in transactions is wider than the door to forbidden matters. Yes.