Kind: captions
Language: en
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But Foreign.
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Alhamdulillah.
There are conditions
of the hijara contract and to recap what
does hijara mean leasing or renting or
hiring. So I'm not buying actually I'm
acquiring a service. So there are
conditions these conditions are as
follow. Number one the consent. So,
there has to be mutual consent between
the two parties. And this is
a a no-brainer.
We can't force people to rent us their
property. I can't force people to lease
my car. There has to be mutual content
between uh the two parties. Also those
involved in such a transaction they need
to have the qualification
in order to be acceptable for them to
dispose their wealth. So they have to be
sane, they have to be adult, they have
to be uh trusted with their wealth. I
can't go to someone who's a child and
say to him rent me your house and the
likes.
Thirdly, the service
and
the fee
must be known. As I said, I can't
conclude the contract with the person to
lease something and I give him the money
and we don't know what property I'm
leasing. He has six or seven properties.
Which one of them? No, this is totally
pro prohibited and unacceptable.
Fourthly, the service provided
must be halal.
So the benefit should be something that
is permissible.
which means that I cannot
rent or hire or lease the service of
a singer or an actress or a dancer or
musical uh um bands. I can't hire a
sorcerer or a fortune teller. I can't
hire or get obtain the service of hookah
and uh cigarettes or ecigarettes
and the likes entertainment um
equipment such as DVDs, movies, rent
movies and and the likes. All of this is
haram because the service itself is
haram. So leasing it or renting it is
also haram.
The service I'm obtaining, and this is a
condition, has to be owned by the person
leasing it to me. So, or at least he's
authorized. I can't have a deal with
someone telling me, "I'm giving you the
Evel tower for rent for three nights."
Do you own the tower? No. But I'm giving
it to you for rent. No, this is not
applicable. And finally the sixth
condition is the period of time.
So many third world countries
we go and see tenants living in
apartments they've rented
30 years ago and can be evicted.
the owner of the building can't
kick them out and get someone to pay
more and he cannot raise the rent 30
years.
So imagine
renting your apartment
in your building for $50 a month when
you can easily get $1,000
if a new tenant would to were to come
in. But because this is the system, this
is haram in Islam and it's not
permissible. So again the prophet said
allahel says in the Quran in the
beginning of chapter 5
collaborate upon righte righteousness
and piety and do not collaborate upon
transgression and vice or sin.
which means that any type
of leasing or hiring or renting that
would endorse or entertain haram is
prohibited. Someone comes to me wanting
to rent my house or property.
I don't know anything about him. That's
permissible. We sign and he goes. But if
someone says to me, "Oh, I'd like to
rent rent your property so that I could
open a branch for my interestbased reeba
bank or I'd like to open a pub or a bar
or a nightclub or a brothel, may Allah
forbid, and I'm interested in the rent."
No, this is totally haram. And the rent
I'm getting is also haram for this
purpose. Now there are different types
of
hijara.
So and this is logical either I am
renting
or hiring items
or
I am hiring people.
So in the first category when we rent
something, we rent
a property to live in or rent a car or
rent a farm or rent equipment
or rent uh furniture.
These are types that people
may use items that they are getting for
a period of time in exchange for an x
amount of money.
The second type is when people rent
people.
So actually
it's not slavery. I'm renting the
service a person can provide for me. And
this type is like when I rent a driver
to be my chauffeer for eight hours. When
I rent a taxi, when I rent an
electrician to fix something in my
house, when I rent a plumber or someone
to paint, when I rent a doctor
to operate on me or to fix my tooth or
to find what's wrong with my body when I
rent, it's actually hiring
or paying someone for their services. An
engineer to
oversee and supervise the construction
of my building. A mechanic to fix my
machine or my car. All of this is
acquiring the service of an individual
unlike the first type where I'm
acquiring the service of an item.
And we will come inshallah in the next
class to discuss about the difference of
the two types of hiring people whether
they're exclusive for me or they are uh
joint with other people in their
services as well.
Islam.
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forchech.
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