Is certainty required in transactions?
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The questioner : This is a similar case; we need an example of something that is not acted upon except with certainty!
The Shaykh : That is, in transactions, certainty is required. For example, if a man has a sick relative who is his heir, and he is convinced that the sick person has died, he says, "Praise be to Allah, he has died and I am his heir," and he goes and starts selling his assets. He sells his assets based on what?
The student: His strong conviction.
The Shaykh : Based on his strong conviction that this person has died and he is the heir, we say this is not permissible. This is not permissible. Why?
Because this is disposing of another person's property, and the default is that his ownership remains. Therefore, it is not permissible to dispose of it until he is certain that he is dead. Is that clear? Good. So, in transactions, certainty is required, even though some issues may fall outside this, such as the action of an unauthorized person, yes, that is right.
The questioner : What about the hudud (fixed punishments), O Shaykh?
The Shaykh : No, for the hudud, certainty is required.
The questioner : Shaykh!
The Shaykh : Yes?
The questioner : In the first issue, as long as the need is...
The Shaykh : What?
The questioner : As long as the need is...
The Shaykh : What is the first issue? What did we discuss first?
The questioner : We discussed it last.
The Shaykh : It is its exact name, may Allah reward you, because you might have forgotten it now.
The Shaykh : That is, in transactions, certainty is required. For example, if a man has a sick relative who is his heir, and he is convinced that the sick person has died, he says, "Praise be to Allah, he has died and I am his heir," and he goes and starts selling his assets. He sells his assets based on what?
The student: His strong conviction.
The Shaykh : Based on his strong conviction that this person has died and he is the heir, we say this is not permissible. This is not permissible. Why?
Because this is disposing of another person's property, and the default is that his ownership remains. Therefore, it is not permissible to dispose of it until he is certain that he is dead. Is that clear? Good. So, in transactions, certainty is required, even though some issues may fall outside this, such as the action of an unauthorized person, yes, that is right.
The questioner : What about the hudud (fixed punishments), O Shaykh?
The Shaykh : No, for the hudud, certainty is required.
The questioner : Shaykh!
The Shaykh : Yes?
The questioner : In the first issue, as long as the need is...
The Shaykh : What?
The questioner : As long as the need is...
The Shaykh : What is the first issue? What did we discuss first?
The questioner : We discussed it last.
The Shaykh : It is its exact name, may Allah reward you, because you might have forgotten it now.