Kind: captions
Language: en
for
[Music]
what Foreman.
[Music]
Alhamdulillah.
and welcome to the beginning of this
fourth semester, your final semester
inshallah
related to the topic of Jewish students.
As we've concluded in the previous three
semesters, things related to what we as
Muslims should know as default as the
basics related to
forms of worship.
scholars
tended
after that to discuss in the books of
things related to transactions
because the most important thing in life
is to worship allahel
and to worship Allah subhana wa tala you
have to fulfill the five pillars of
Islam starting with tahara with salat
with prayers with the whole nine yards
of fasting zakat and the likes after
that is established
People have to live. People have to eat
and drink and live in houses, which
means that they have to buy, they have
to lease. And this is where this chapter
and whatever comes afterwards comes in
handy.
This chapter deals with selling and
buying. And in Arabic it's called
Buor
the transa the the chapter that deals
with transactions
selling and buying.
People cannot live
without selling and buying.
And because
we are humans and each one of us would
like to grab a piece
of things to his benefit,
there might and most likely there will
be included a lot of transgressions,
wrong things, wrong practices
because
my eye is not on what is right or wrong.
Rather, my eye is in what's going to
benefit me. How can I acquire this and
get it in my possession by
halal means or haram means? This is why
Shan tries to mess up with our heads and
beautify things that are wrong and
convince us that it is right. And this
is where the Sharia comes in.
and governs these rulings.
The companions, may Allah be pleased
with them. And on top of them all, the
four califfs, specifically Omar, may
Allah be pleased with them all. used to
go to the market with his stick and
whenever he sees someone who doesn't
have knowledge in how to sell and buy,
who's oblivious, who's ignorant, he
would kick them out of the market and he
would say, "Don't spoil our market with
your ignorance because then you would
fall into haram."
And the
main criteria
or the theme that governs how Islam
protects
buying and selling
as the scholars say revolves around
three topics.
transgression,
ambiguity,
and ribba
usually or
anything that relates to interest. These
are the three main themes that prohibit
a great number of transactions. If you
know how to avoid them, everything else
becomes halal with the grace of Allah.
So to begin with, what is the definition
of albeer?
Albe linguistically
is stemmed or it comes from the root
word alb and alb is the arm or the hand
and it is used linguistically because
when I buy and sell I extend my hand
with the price or with the item. So it's
give and take usually.
However,
according to the technical word or the
Islamic terminology
refers to exchanging of wealth because
I'm going to give you something
which is an item that I'm selling in
return for a price which I'm collecting.
So it's an exchange of wealth where I
give and I take.
And what do we mean by wealth? Well,
actually wealth is everything that you
can possess.
So al is anything that you pres possess
whether it is money, gold, silver or
property, a vehicle, an animal, a plant,
anything that
comes under this category of things to
be possessed is considered to be wealth.
Also
underneath this category could be
benefits. So maybe I'm not going to give
it to you to own forever, but I'm going
to allow you to use it when this is done
in renting or leasing. So this is also
comes under the category of selling and
buying because I'm giving you the
benefit to use for a particular period
of time whether it's a car or an animal
to ride or a property to live in or to
farm or that it is a service that I'm
providing you.
If it's a if I'm a handyman, if I am a
carpenter or an electrician and that you
may utilize my services in such a
fashion and hence
this is what
buying and selling is. It's an exchange
and whatever is not considered to be
wealth,
what is not labeled as mal cannot be
sold and bought. So it has to be
something
that is tangible that can be possessed
that is considered to be a wealth. And
when in terms of selling and buying it
has to fe be for ever but in renting it
is timed by a time period.
Now there are
pillars to be acknowledged or essential
part of the transactions
and these pillars must be present so
that the transaction of selling and
buying could be valid and these pillars
are number one the format. So each
contract has a format even marriage
contracts.
They call it andul
in marriage which we will come to
hopefully discuss later on.
The guardian says I give you my daughter
X for marriage. The groom to be says I
accept her marriage. There is a format
proposal and acceptance.
This is pillar number one. Pillar number
two that there is a
person who is conducting the selling and
a person who is buying. So there has to
be two parties, a seller and a buyer.
And number three, what is to be sold and
bought? So there has to be the subject
of such a transaction which is the item
and the price. So the format
can be either
a verbal
thing that is done
and it can be by action.
So it can take one of these two ways.
Either it is something that we say or it
can be through actions without saying.
And as I said, it's a proposal you make.
I sell you my pen for€ 10.
This is a proposal. And the acceptance
would be I accept. And that is done
with. And this usually is done with
things that has value, things that have
value such as cars, real estate,
expensive clothing, etc. There is a form
of bargaining because this is what
selling and buying is all about,
bargaining. I might say, I sell you this
for €1,000. No, this is expensive. How
about making it €800? You say, oh, no,
that's too cheap. What about 900? we
bargain and then he says what about 900?
He says I accept the deal is done.
There is a other way of doing it is
through actions and this happens in pity
things in small things like you go to a
grocery shop and you find an item with
the price you just pick it up go to the
cashier without even greeting them. See
it's €2. You give two euros, he cashes
it in and gives you the item and you go.
So this is something that people know
without even speaking about it. Give and
take. The second pillar is to have the
two involved in the transaction. The one
who's buying and selling. The one who's
buying and the one who's selling. So we
have to have two individuals or two
entities who are conducting this
transaction. And the third pillar is the
subject. If I have the money,
then I have the price. What am I buying?
I don't know. There's no selling and
buying. Why? I've got the money. Yeah,
but what are you buying? There has to be
something to be sold. So there have
there has to be these uh uh um two
things to be exchanged
and this is why there is a difference
between the subject of the transaction
or the subject of what's going to be
sold and bought and the place because
the place will be important later on
inshallah when we speak about the option
of choice
and we have the option of the place and
that is something to come and to be
discussed later on.
[Music]
Academy.
Foreign
speech. Foreign speech.
[Music]