And the secure storage of greens and pots of fava beans and the like behind the fences, if there is a guard in the market, and the secure storage of firewood and timber in enclosures
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The Shaykh : He said "And the secure storage of greens and pots of fava beans" If you pronounce it with a short vowel, it is with a long 'd'; if you pronounce it with a heavy vowel, it is with a short 'd'. That is, you say al-baqillah or al-baqilah. "And the like behind the fences, if there is a guard in the market" What is the secure storage of greens? What is greens? Greens are all plants that do not have a stalk, such as leeks, onions, and the like. This is what is meant by greens. For example, if there are greens, and let us add to them gourds and watermelons and the like, the author says "And pots of fava beans" What are fava beans? They say it is fava beans or something close to fava beans. And of course, it is cooked in pots, and whoever comes to scoop some for himself and buy it is sold to him. The author says "And the like" And such as watermelons, gourds, oranges, and fruits. Their secure storage, the author says, is "Behind the fences, if there is a guard in the market" Look, praise be to Allah, the author in his time was strict about secure storage behind the fences. What are the fences? It is the plural of sharajah, and it is like enclosures... or wire mesh. Let us say wire mesh, but on the condition that there is a guard in the market. If there is no guard in the market, then that is not secure storage, because if there is no guard in the market, even if it is behind the fences, this fence can be broken or one can jump over it and steal. So there must be a guard in the market. A guard who sleeps a lot, or not?
The questioner : One who is awake.
The Shaykh : A guard who is awake. Yes, it is not a guard who puts down a pillow and sleeps and says, "I am the guard." This one needs someone to guard him! In any case, the author stipulated two conditions for these things: that they be behind the fences, meaning they are surrounded, and second, that there be a guard in the market. If there is a guard in the market but no fences on them, it is not secure storage. Or if there are fences on them but no guard in the market, it is not secure storage. But as he said, may Allah have mercy on him, secure storage varies according to the wealth, the ruler, the countries, the justice or injustice of the ruler, and his strength or weakness. If the ruler is strong, it may suffice to have just the fences or just the guard. Now, here with us, their presence in the place of sale is considered secure storage. That is why a person is not liable if the owner of these items brings them and places them there for sale and leaves them like that. If they are stolen, he is not liable. Why? Because this is the custom. The custom is that they remain there and are considered securely stored. In some countries, glass doors may be considered secure storage for gold and coins. Some people have informed me that he went to a certain country and found that the goldsmiths' shops had nothing but glass doors, except that they are gathered in one specific direction. This one direction has a door that is tightly closed. No one enters. It is closed from eight o'clock at night and cannot be opened until the morning.
The questioner : Some glass is stronger than iron.
The Shaykh : ... He says it is glass. In any case, this depends on the strength of the ruler.
Now, the author, may Allah have mercy on him, says "And the secure storage of firewood and timber in enclosures" The secure storage of timber and firewood with us, praise be to Allah, does not require a specific secure storage. Its secure storage is that it is placed in the place of the house. So the secure storage of firewood and timber, he says, must be an enclosure that encloses it from anything, whether of wood, palm fronds, or anything else.
The questioner : One who is awake.
The Shaykh : A guard who is awake. Yes, it is not a guard who puts down a pillow and sleeps and says, "I am the guard." This one needs someone to guard him! In any case, the author stipulated two conditions for these things: that they be behind the fences, meaning they are surrounded, and second, that there be a guard in the market. If there is a guard in the market but no fences on them, it is not secure storage. Or if there are fences on them but no guard in the market, it is not secure storage. But as he said, may Allah have mercy on him, secure storage varies according to the wealth, the ruler, the countries, the justice or injustice of the ruler, and his strength or weakness. If the ruler is strong, it may suffice to have just the fences or just the guard. Now, here with us, their presence in the place of sale is considered secure storage. That is why a person is not liable if the owner of these items brings them and places them there for sale and leaves them like that. If they are stolen, he is not liable. Why? Because this is the custom. The custom is that they remain there and are considered securely stored. In some countries, glass doors may be considered secure storage for gold and coins. Some people have informed me that he went to a certain country and found that the goldsmiths' shops had nothing but glass doors, except that they are gathered in one specific direction. This one direction has a door that is tightly closed. No one enters. It is closed from eight o'clock at night and cannot be opened until the morning.
The questioner : Some glass is stronger than iron.
The Shaykh : ... He says it is glass. In any case, this depends on the strength of the ruler.
Now, the author, may Allah have mercy on him, says "And the secure storage of firewood and timber in enclosures" The secure storage of timber and firewood with us, praise be to Allah, does not require a specific secure storage. Its secure storage is that it is placed in the place of the house. So the secure storage of firewood and timber, he says, must be an enclosure that encloses it from anything, whether of wood, palm fronds, or anything else.