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Language: en
for
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what
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Alhamdulillah.
part of trade
which is generally known or identified
as selling and buying. Also come coming
underneath that category is
and what is
linguistically the term is derived from
andra means a fair or a payment.
So
means to lease,
to hire, to rent and this is given in
exchange of something. So for example,
if you read surah every Friday like most
people do,
you will find that MS peace be upon him
said to Al
when he fixed the inclining wall that
belonged to the two orphans. He said if
you wished you could have taken for it
payment.
So this is payment for
employing yourself to fix something a
handyman.
Also allahel says in surah
pertaining to
mothers who give birth and do not want
to suckle or when they are divorced
they're forced to suckle their own
children Allah says then give them their
payment
and you you have to give
these mothers because they're divorced
payment to suckle their own children
and if they don't want to the father is
obliged to go and hire another woman who
would do such a thing. So what is in an
Islamic terminology? It refers to a
contract
where I hire you
to do something physically for me a
service. You're an accountant. You are
an electrician. You're a carpenter.
Or I pay you to rent me your house or I
pay you to lease me your car. So what is
at stake is known.
Whether it's a service, knowledge, a
particular item or property.
The period of time is known a day, a a
week, a month, a year and the payment in
exchange is also uh uh uh identified. So
the type of transaction is actually
trait.
It's like selling and buying but it is
not something that I possess forever.
And this is the difference between the
transaction of uh
and the transaction of sale transaction.
What's the difference? One, when we sell
something, we sell an item.
While
is related to a service given
also selling transactions
remove or transfer the ownership of a
particular product to the buyer and the
buyer now
guarantees whatever happens and is
liable to whatever happens to what he
had bought. While in a lease, when I
lease a house, I
only use the services provided by that
property or house
while the liability is on the owner
himself
and the possession of it, the ownership
remains with the owner. What does that
mean? If I
rent a house and there is leaking in the
pipes in the plumbing, who's responsible
for it? The owner, the one who leased
it. So, he's the one who's supposed to
fix it and uh um return it to its true
um way it was supposed to be. Now,
the
uh transaction or contract has essential
parts of it has pillars of it. First one
which is usual in all contracts the
format the wording of the contract how
it is uh uh done and
like selling and buying it can be by uh
handing out things. So for example, if
there are uh bikes or cars or things to
be rented and the price of jet ski for
example, it can
be known that it is half an hour for 300
real or 400 real. So you just come and
pay the amount of money and take the
keys and go. You don't have to say
anything. But usually it is something
that is said verbally. I rent you my
house for a year for x amount of money
and you say I accept and that is it.
It's done. The deal is done. also part
of the essential parts of the hijara or
the contract or the pillars of that we
have two parties
one leasing and one uh um offering. So
this is done like one's selling and one
is buying.
Thirdly the service. So, the subject of
the contract has to be known. I can't go
to someone and say, "Listen, I'll give
you uh x amount of dollars per hour." He
said, "Okay,
to do what?" We've agreed, but we did
not agree on whether he's going to fix
the floor or do the plumbing or fix the
doors. This is not permissible. It has
to be identified.
Fourthly, which is a common mistake done
by a lot of us, the payment. We usually
get a handyman. We get someone to fix
something in the house and he says, "Oh,
we have to change the sink. We have to
do this these pipes. We have to do this
and that." Okay, go ahead. And we don't
agree on the price. And that is totally
wrong. It happens also in
some countries where you don't have a
meter in the taxi.
I'm hiring the taxi for a service. Take
me from point A to point B. There's no
meter. He says, "Okay." He takes me
there and said, "How much do I owe you?"
He says, " $100."
What?
I usually pay $5. No, this is too
little. This is too this. This is And we
start to fight.
No, the fee and the payment has to be
agreed upon ahead of time so that no
confusion would take place.
What's the ruling on?
Alhamdulillah is a permiss a permissible
thing. It's mub is and this is mentioned
in the Quran as mentioned earlier of the
two verses I quoted from and
also
motherisha tells us that the prophet
himself sallallahu alaihi wasallam with
Abu Bakr. They hired a man from the
tribe of uh Adel who took them who was a
guide when they migrated from Mecca to
Medina
and he was an experienced guide. He is
not a Muslim but they hired him which
means that they gave him money for that.
And this person was an expert in routes
and ways to deliver them safely to
Medina.
And this is from the Quran and the
Sunnah as from the consensus of scholars
says that all scholars agree on all
generations in all uh uh countries and
lands that it is permissible to have the
and the wisdom of having
is that we're not jack of all trades.
We can't do everything ourselves.
Yes, we might be good in so many areas,
but we're not that good. So, we need to
hire someone to fix a car, to fix the
electricity, to carry the fridge to our
apartment, to paint the house. we need
to rent a car every now and then or rent
property and if was not applicable life
would be impossible. So all praise to
allahel that he facilitated these things
for us and made life easy for us.
for
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we will for
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