 وأقول في القرآن ما جاءت به آياته فهو الكاريم المنزال وأقول قال الله جل جلاله والمصطاف الهدي ولا أتأواله الحمد لله رب العالمين والصلاة والسلام على أشرف الانبياء والمرسلين سيدنا ونبينا محمد وعلى آله وأصحابه والتابعين لهم بإحسان إلى يوم الدين أما بعد إن شاء الله وإتعالى we're now going to go to the second part in our series القواعد الفقية المتعلقة بالمعاملات المالية المعاملات الإسلامية والمعاملات المالية كما قلت في مرسلنا الأسئل نتحدث عن التعامل نتحدث عن ثلاثة القواعد الفقية والمعاملات والمعاملات المعاملات المتعلقة والثلاثة المعاملات المالية إن شاء الله وإتعالى we're going to start the first قاعدة the first legal maxim the first principle the way that I plan إن شاء الله وإتعالى to go through today's lesson is in the following way number one I'm going to mention the principle the first thing that I'm going to do is I'm going to mention the principle I'm going to mention the first قاعدة الفقية the first legal maxim that relates to financial transaction once I mention the first principle once I mention the first قاعدة I will define the terms that are in the قاعدة the terms and the words that are in the principle that are in the قاعدة I will define it إن شاء الله وإتعالى that's the second thing I'm going to do number three I'm going to mention the benefit in which it holds this particular قاعدة what benefit does it have what's the benefit in knowing this particular قاعدة and what benefit will it bring you number four what's the meaning of this قاعدة the overall meaning and the overall understanding that we can take from this قاعدة that is the fourth point إن شاء الله وإتعالى number five the evidence for this particular principle what evidence does it stand on is there any evidence that backs it and the way that I applied to do the evidence is in two ways I'm going to mention specific evidences that's called أدلة جزئية and also أدلة كلية comprehensive evidences that support this قاعدة so أدلة الجزئية is going to be and أدلة الكليا is going to be other قاعدة that supports this قاعدة and there are going to be three قاعدة إن شاء الله وإتعالى أدلة الكليا the comprehensive principle the comprehensive evidences are going to be principles and they are going to be three إن شاء الله وإتعالى so you have three أدلة جزئية and three أدلة كلية after that إن شاء الله وإتعالى the sixth point إن الله الكريم I'm going to mention بعض البويوع المتعلقة some financial transaction that are connected to this قاعدة these financial transaction are going to be prominent contemporary financial transaction that we today know and see that are connected to this principle that we are going to be mentioning and I've chosen three إن شاء الله وإتعالى the first one is بيع التخصيط and بيع المرابحة and also بيع الأسود those are the three إن شاء الله وإتعالى I will explain what each one means إن شاء الله وإتعالى بيع التخصيط translation wise is the transaction of paying something in instalments number two بيع المرابحة بيع المرابحة is placing profit on a known amount of money of a product you take it and you place an additional profit onto it and you sell it somewhere we'll explain it in more details what it means the third one is بيع الأسود بيع الأسود is buying shares in companies those are the three إن شاء الله وإتعالى that we are going to be talking about when it comes to the بيور المعاصرة the contemporary financial transaction that are connected to this principle إن شاء الله وإتعالى that's the way that I will be going around but that's the way I will be having the lesson today إن شاء الله وإتعالى so let's get ready by evening and let's keep in mind that today إن شاء الله وإتعالى as it's the first day for the principle starting and the قواعد starting we're only going to take one because this one is very very generic and it's very very big and in total إن شاء الله وإتعالى we're going to be taking 11 قاعدة we're going to be taking 11 قاعدة we're taking 11 principles so today we're only going to take one and then after that we're going to be trying to take more than one إن شاء الله وإتعالى so القاعدة الأولى the first principle is الأصل في البيوع الإباحة the first قاعدة is الأصل في البيوع الإباحة so I've mentioned what the قاعدة is الأصل في البيوع الإباحة the first قاعدة is الأصل في البيوع الإباحة so point number one is mentioning the principle I've mentioned what the principle is I'm going to move on to the second point that I said I would do which is I'm now going to define the terms that are in the principle we have two words that we don't know so far which is الأصل and الإباحة we know what it means we took it in an introduction what does أصل means what does it mean what does it mean technically the word الأصل الأصل linguistically it means أسفل الشيء the lowest thing وهو ما ينبني عليه غيره وهو ما ينبني عليه الشيء it is whatever things are built upon عنه الشيء and it is what things spring from it is what things come from that's what أصل means في اللغة in the language so that's what we say as Allah mentioned in the Quran سبحانه وتعالى ألم ترى كيف ضارب الله مثلا كلمة طيبة كشجرة طيبة أصلها ثابت وفرها في السماء أصلها ثابت its foundation is strong وفر روحة the sub branches that come from it are what in the sky the أصل here is meant by لا إله إلا الله that's the أصل and everything is built upon that that's what it means في اللغة in the language that's what it means in the language the أصل means the foundation the foundation of this house that we're in right now is the أصل and everything else is built upon it what does أصل mean في اللسان العلمة according to the scholars the scholars when they use the word أصل what do they mean by it كلمة الأصل the term أصل عند العلماء according to the scholars لها معاني it has many meanings the scholars they have so many meanings in the word الأصل when they use it there's no one one particular meaning it's more than one the first one is I'm only going to mention five of them the first one is الراجح one of the meanings is الراجح الراجح means the strongest لذلك they say الأصل في الكلام الحقيقة الأصل في الكلام الحقيقة the أصل in a person's speech is that it is literal okay it is literal and that it's not metaphorical here it means الراجح الراجح means as a مرجوح times can happen that the person's speech is not حقيقة it is مجاز there are times it can be metaphor but the strongest is that those weights is more towards what the حقيقة so if we say 100% 60% or 70% is that the speech is حقيقة unless there comes an external evidence and it indicates that it's not upon a حقيقة meaning so here they mean الراجح number two is الدليل number two is الدليل evidence they use the word الأصل as دليل و لذلك they say الأصل في المسألة الكتاب و السلنة الأصل في المسألة is الكتاب و السلنة من الدليل in this issue is الكتاب و السلنة also the third meaning that it's used as استجاب استجاب استجاب means استجاب means بقاء ما كان على ما كان it's letting something remain the way that it is the scholars they mention that استعارضوا الأصلي و الطاري it's to let something upon its default position number five is when we speak about in a chapter of قياس we mention that قياس has four pillars الأصل والفرع والعلة والحكم الأصل meaning the thing that we're going to do the analogy from if you want to do analogy if you want to do قياس قياس stands on four pillars and if these four pillars are there present your قياس is صحيح or else your قياس is what facet so you have to have an أصل you have to have a أصل and then you have a فرع which is the thing that you're using the قياس for and number three is you have to have the reasoning why the أصل was prohibited and then you have to then find that إلا present in the فرع and so you can give them both the same ruling which is حكم so here the أصل is what المقص و علي it's the thing that you're going to do the قياس from let me give you an example الله prohibited خمر خمر is the أصل now we have the أصل here for us right now that we have the evidence for is what خمر we now know drugs came out the drug is the فرع what is the reason why الله تعالى prohibited خمر الإسكار into intoxication that's the إلا then the third point okay what's the حكم the حكم is first of all is that إلا that is present in the أصل is also present in the فرع is present in the خمر we know that because Allah stated that is it also present in the drugs yes it is then we say that the حكم and the ruling between the two of them is prohibition so here the بقيص و علي the one that we're doing the analogy from is called أصل so this is called المقص و علي number five القائدة المستمرة القائدة المستمرة means the continuous principle the continuous the continuous principle إلا قائدة المستمرة means the continuous principle that's the fifth meaning that they use the word الأصل for what does that mean it means for example الأصل في أكل الميتة the أصل in eating corpse dead animals is prohibition here it means that is المستمرة the continuous principle is that it's prohibited but there are times it's permissible there are times when you are allowed to eat from it but the قائدة المستمرة the continuous principle is that you are not allowed to eat dead animals you're not allowed to eat corpse here which of those five do we mean in this قائدة الأصل في البيوع which of the five does أصل mean here means the fifth one which is القائدة المستمرة the continuous principle so here we mean القائدة المستمرة في البيوع إباحة so when when we say it what are we trying to say we're trying to say if you just if you get rid of the word الأصل and you exchange with القائدة المستمرة it will be what القائدة المستمرة في البيوع إباحة that the continuous قائدة is in financial transaction is permissibility before I move on to the meaning of the word الإباحة what's the benefit of studying the أصل of things what's the benefit of learning a lot of the times we hear the scholars they say and I mentioned even when I said الأصل في الأواني الأطهارة the أصل for utensils is what purification here the question is what is the scholars keep using that a lot is there a benefit in using that a lot when they say الأصل القائدة المستمرة is there a benefit so I'm now going to mention in sha Allah five benefits of using the term or the word الأصل and here when we say الأصل what do you mean القائدة المستمرة we mean the continuous principle I'm only going to mention five there are more but here what's important for you to notice is that if الأصل means القائدة المستمرة it means قائدة المستمرة we already spoke about the benefits of studying قائدة so it goes back to that point kind of على كل حال the first benefit is anything that falls under وما يذكروا تحت الأصل anything that's mentioned under the أصل under this term أصل لا يحتاج it doesn't require from us أن يتوقف فيه that one withholds from it it's not required that we stop بل يمدي على الأصل you can do it you don't have to hold back you can do it for example as we mentioned الأصل في الأوان الطهارة الأصل for utensils is purification you don't have to stop and withhold and think about this utensil and ask questions you can use it you can go forward and use that utensil until proven otherwise number two أن المتمسك the one who's holding on to أن المتمسك the one who's holding on to بالأصل who's holding on to القائدة المستمرة who's holding on to the أصل لا يطالبوا بالدليل he's never requested for evidence no one can ask you evidence because you're on the default position you don't need to bring evidence you're upon the قائدة المستمرة you're upon the continuous evidence and we're going to see that later شاء الله تعالى like for example الأصل في العبادة المنة الأصل for عبادة is prohibition you don't have to do عبادة the answer is you can't unless you have evidence for it and then if a person says you're not allowed to do this عبادة to someone he's right the one who's doing it needs to bring the evidence because he's going against the أصل not the one who's saying that you can't do عبادة because the أصل is that you can't do عبادة okay and the opposite is العادة عادة which is نومs نومs of the other hand عادة the أصل is what the أصل is we're going to mention that later شاء الله تعالى the أصل for that is that is permissible العباحة so since the أصل for it is العباحة the one who's doing something in their عادة in their نومs he or she doesn't have to provide evidence the one who's saying that you can't do it needs to bring the evidence so you see you learn who should bring the evidence and who shouldn't so if you're holding on to the أصل لا يطالبوا بالدليل no one can ask you for evidence with that you can find somebody going out of his way trying to find evidence for something he or she shouldn't have to find evidence for it's not even upon you to find the evidence the pastor is telling you bring the evidence they're the ones who have to bring the evidence but the reason why the pastor would go and look for evidence is because he or she doesn't know that the أصل is evidence for them number three is أن القائدة دقائدة دقائدة أما دقاء أصل that the person is holding on to it is made a mizan it's made a scaling for a ruling إذا صدرت بالأصل when it is used with the word أصل we use this as a scaling machine for any issues that come to us like for example الأصل في البيوعي الإباحة الأصل of transaction financial transaction is permissibility okay a transaction comes to us by default this transaction is permissible unless there comes an evidence and prohibits it we're using this as a scaling machine we're scaling every transaction that comes to us that's the third benefit that's the third benefit the fourth benefit is أن حفظ الأصل memorizing the أصل يغني عن حفظ الجزيات if you memorize the أصل of things it would prevent sorry it would aid you or it would suffice you from having to memorize all of the جزيات or the فرور the sub branches like if you're studying فقبك and every single chapter that you're going to study you memorize the أصل for it you're in بحارة you study the أصل for everything every chapter every bab the أصل for it صلاة the same أصل and you go to had everything you do the أصل what's it going to protect you from having to memorize so much جزيات it's going to help you from that and حفظ الأصل just memorizing أصل in issues what does it help you يغني عن حفظ الجزيات it will suffice you from what it will suffice you from having to memorize so many sub branches number five is كلمة الأصل the time الأصل في أول القائد the time الأصل that's in the beginning of the principle what does it give us it tells us تشعيلك بأنه قد يترك that you're allowed to leave it if you want to that it's not an obligation that it's not a obligation and that it's also something that could be left for example when the scholar say it's not an obligation that it's not an obligation that it's not an obligation that it's also something that could be left for example when the scholar say الأصل the is in essence for a person yes that's the but sometimes the can be left so it shows us that the is not always implemented there are exceptions in it that's what the word أصل gives us that there can be times when there it can be gone against that's also another benefit that we're getting in it now we're going to go into the next part of the definition of the قاعدة which is الإباحة okay we mentioned الأصل we defined it linguistically and technically we also spoke about the benefit of learning أصل we're now going to go to الإباحة what does إباحة mean الإباحة in the Arabic language it means الإطلاق والإظهار which basically means permission to make something to make something apparent to unrestrict something that's what it means in the language the technical definition إستلاح العلماء the usage of the scholars and when the scholars use the word الإباحة what do they mean by it فهي الإذن بترك والفعل على حد سواء بالنص أو السكوت the word إباحة according to the scholars is the permission to either do something or leave of something you're allowed to do it if you want to and you're allowed to stay away from it and leave it off but in what way لكن على حد سواء equally the way that you're allowed to do it and the way that you're allowed to leave it and where did you where did you find out that you're doing it and you're leaving it off is the same إذا بنصي a textual evidence gave you that permission said to you you can either do it or leave it or you took it from a سكوت the fact that the شريعة didn't speak about it the fact that the شريعة did not talk about this issue you took from that you can do it or you can leave it على حد إليكو منا لكن بعض السكولات they do تعقيب of this issue meaning they say that صحيح إباحة it does mean ما أوذن في فعله أو تركه على حد سواء بنصي they said مباح that which you have been permitted to do or to leave equally by textual evidence they said that's what مباح means and العفو العفو it means ما أذن الشريعة that which the legislator permitted في فعله in doing it أو تركه or leaving it off بالسكوت عن who by not actually stating it so they said that مباح and عفو the difference between the two is okay that the مباح is actually stated that you're allowed to do it or leave it equally whereas the عفو the شريعة are permitted for you to do it or to leave it off not textually by not speaking about it is where you took it from they said that's the difference between مباح and عفو and some scholars they say no it both is مباح but both of them are ما أذن الشرعة it's that which the شريعة are permitted and it shows two types مباح and عفو and the evidence that they used to say that they both they're both different is the حديث الإمام الترميلي الإبنوما من حديثي سلمان and the wording that I'm mentioning here is the wording of الإمام البيهقير رحمه الله mentions in his سنة للخبراء and شغناصر رحمه الله graded this حديث to be حسن which is that the حلال ما أحل الله في كتابه the حلال is that which Allah permitted in his book والحرام ما حرم الله and the حرام is that which Allah prohibited في كتابه in his book وما سكت عنه فهو عفو and anything that Allah was silent about it is عفو so the مباح and the عفو here are being mentioned separately and where's the مباح the مباح is the first part which is الحلال ما أحل الله ما أحل الله في كتابه that's مباح the حلال is that which Allah permitted in his book so the مباح is what ما أدن في فعله أو تركه على السواء بالنصي is being mentioned actually الحلال ما أحل الله في كتابه and the عفو is what وما سكت عنه فهو عفو and the عفو is what ما أدن الشارع في فعل أو تركه على حد سواء بالسكوة عنه by being silent about it by being silent about it now we're going to go into the meaning of the قاعدة what does this قاعدة now mean what is the meaning of the قاعدة معنى القاعدة the meaning of the قاعدة is which قاعدة الأصل في البويوعي اللباح the أصل of بويوع is what permissibility the the meaning of this is أن القاعدة المستمرة the continuous principle is في البويوعي in transaction الإذن وعدم المنة it is permission and not prohibition that's what it means أن القاعدة المستمرة the continuous principle في البويوعي in transaction is الإذن permission وعدم المنة and not prohibition so look what we've done right now we took at the word الأصل and we took at the word الوقت and إباحة and we put the meanings of both of them in there what did we say sorry what did we say القاعدة المستمرة to exchange it with it what did we say الإباحة meant we said it meant الإذن وعدم المنة it is to permit something and not prohibit it so we changed the word الإباحة with what it's meaning which is الإذن وعدم المنة so it became أن القاعدة المستمرة في البويوعي الإذن وعدم المنة that the continuous principle in transaction or financial transaction is الإذن it is الإذن وعدم المنة and it is not prohibition so we said the meaning of the قاعدة is أن القاعدة المستمرة في البويوعي الإذن وعدم المنة that the continuous principle regarding financial transaction is permissibility and not prohibition what is that entail that entails that it is not obligatory on a Muslim أن يتوقف في أن يتوقف في بيعي من البويوعي that he has to withhold from a particular transaction no he is allowed to do any transaction he wishes إلا إذا علم في ذلك منع عن شبعيا unless he finds out that in the شريعة this transaction is prohibited the Quran it shows and it supports this principle it shows and supports this principle the Quran and so does the sunnah and there is also the إجماع of the أمة in this issue and I'm going to bring the إجماع of three scholars الإمام I'm going to mention three scholars who brought إجماع I'm not going to quote them and the first one is الإمام ابن قدامة and then an Imam النووي وإبن حجر and we will discuss this إجماع إن شاء الله where is it in the Quran that الأصل في البويوعي الإباحة أما أن القاعدة المستمرة في البويوعي الإذن وعدم المنع the evidence for that is the statement of Allah سبحانه و تعالى صورة البقرة آية 275 و الله says و أحل الله البيع و حر من ربع و أحل الله الله has permitted سبحانه و تعالى البيع الله permitted بيع و حر من ربع و الله سبحانه و تعالى و الله has prohibited الربع السكولين يستخدمون هذه الآية as the evidence that financial transaction is permissible until proven otherwise where did they extract the ruling from they took it from the آية where it says و أحل الله البيع الله has permitted البيع if you look at the word البيع it's what it's a ismufret it's a singular now the plural is as we mentioned البويوع is what it's a plural and the singular is what بيع البيع the qaida according to the scholars is الاسم المفرد a singular noun إذا أدخل عليه ألف واللام if ألف اللام is entered into it اقتضل عموم it shows generalization that's why عبدالحمد ناصر السعدي he says he is قواعد الفقية والأل تفيد كل في العموم في الجمع والإفراد كالعليم that it shows generalization so here it means وأحل الله الله has permitted all of بويوع where do we get the word all of بويوع because the word الهية has been placed into اسم مفرد إقتضل عموم it has necessitated and it has brought about generalization it's like the ال inside the statement of Allah والعصري إن الإنسان الإنسان that ألف اللام is الإنسان الإنسان is a what إسأس مفرد ودخل عليه ألف واللام إقتضل عموم so he said جنس الإنسان all of mankind is upon misguidance except those that Allah mentioned after that so that's what the scholars used and that's the first evidence for the second evidence that they used is the آية صورة النساء آية 29 where Allah says إلا أن تكون تجارة عن تراضي منكم الله تبارك وانتعاله he committed here تجارة عن تراضي financial transaction that is done with تراضي that is done with initial agreement for both sides both parties are pleased with one another فالأصل في تجارة الواقع the asset from the transaction that happens between the two people is permissibility and that it is مباحة إلا ما دل الدليل على منئه except that which the evidence showed that it's prohibited ولذلك you know the famous hadith that Ibn Hibban and Ibn Majan narrated that the messenger صلى الله عليه وسلم he said إنما البيع عن تراضي إنما البيع عن تراضي that financial transaction is based upon تراضي that both parties are pleased with one another and if you look at the word إنما is what's being used here إنما has shown what حصر البيع exclusivity in other words the prophet is saying final transaction is nothing except okay that the two people are pleased with one another so whenever the two parties are pleased with one another then this is what فالأصل في البيع أنه جائز that the asset is that the bay is permissible unless there comes a textual evidence that prohibits it أن the messenger صلى الله عليه وسلم he used to do a financial transaction عليه صلى الله عليه وسلم و لذلك أي من جاء رجل مشعن أي من came scruffy hair and he was a tall man وهو يسوق and he was with him was ghanam he had sheeps goats and lambs فقال النبي صلى الله عليه وسلم and the prophet said to him عليه صلى الله عليه وسلم are you selling this or are you giving it out as a gift the prophet asked him and then the man said to the prophet صلى الله عليه وسلم I'm selling it فشترا منه صلى الله عليه وسلم and then the prophet bought from him عليه صلى الله عليه وسلم so he bought it business financial transaction و من ذلك also from the evidence that support this قاعدة is the Salaf Al-Saleh the pious predecessors who were commanded to follow و على رأسهم and the first the forefront of the Salaf the companions كانوا يتبايعون the Sahabahs would buy and sell from one another and they would buy and sell from others من غير توقف without withholding and this shows that أن الأصلاف يباح even at the time of the messengers صلى الله عليه وسلم the companions لم يكن الصحابة يرجعون إلى النبي صلى الله عليه وسلم if he could buy the companions will not come to the prophet with every transaction that they did they wouldn't they wouldn't say يا رسول الله today and I sold this is it permissible or is it not they wouldn't and this is an indication to what أن الأصلاف يباح and the original that is permissible if it was Harab then it would have come an evidence that was prohibiting them from it so they used to do every transaction unless there comes an evidence that prevented them from it فكانوا يتعاقدون بدون رجوع إلى النبي صلى الله عليه وسلم so they would do their transaction they would buy and they would sell without referring back to the messenger صلى الله عليه وسلم in every single transaction that they did why because the أصل is permissibility because the أصل is permissibility here there is a question now is there a consensus in this particular issue do the scholars unanimously agree upon that نعم great noble scholars they transmitted consensus from them is as I mentioned ابر قدامة in his كتاب المغني which is أشرح المختصر الخلاقي أرمام النوي بزكرية النووي in his مجموعة and in other places of his books and also ابن حجر رحمه الله تعالى he brings an in his كتافة علباري the fourth volume page 200 and 87 he says وأجمع المسلمون على جواز البيع والحكمة تقطضيه لأن حاجة الإنسان تتعلق بما في يدي صاحب غالبة وصاحب قد لا يبدل له ففي تشريع بيع وسيلة إلى بلوغ الغرض من غير حراج he says hisront إعتирован妹 الله وكذا أجمع لله لا they ما that is ان my for example need some product that this person has in his hand and he needs the money that's in my hand if Bay ¿I was not made permissible I would rob it from him and he would rob it from me and that's what would happen because there is no other way to take it from him it's three ways that you can take it from a person it's either debt or you can steal it from the person يمكنك ان تجد وقته من الناس. الم one that the Sharia pushes towards is buying a selling. ربما وقراء من الناس. This is why you prohibited. Also the third one which is taking debt that the Sharia also look down at that. To avoid it. So the best and the greatest way is to buy that product from them. So he takes what you want. So he takes what he wants sorry and you take what you want. وصاحب قد لا يبدله له. ففي تشريع البيع وسيلة إلى بلوغ الغرض من غير حرجن. That's the Calam of Imam Ibn Hajar رحمه الله تعالى. Here the question is. We have consent of these scholars. But is that consent regarding the أصل البيع? The أصل البيع? Or what is it? Pay attention to this. The علماء are unanimously in agreement. As I mentioned before. يبنو قدام النووي من حجر other than them. ولي ذاك من حجر use the word أجمع المسلمونة. The Muslims all of them. أن البيع الذي ورد فيه نصمه بحب. That bay is three types. The ones that there are textual evidence for that transaction. Meaning is textually stated. They are not disputing one another on that one. They are also not disputing. وأن البيع الذي ورد عنه النهيس ممنوع. The second one is financial transactions which the sharia are prohibited. They are also unanimously in agreement that these are prohibited. The dispute is and the argument is what about the transactions which the sharia are silent about. ما سكت عنه الشارع. The financial transaction which the sharia. Okay. Which the sharia when silent about what is the ruling regarding that. جمهور أهل العلمة The overwhelming majority of scholars they say الأصل في البيوع الإباحة as we mentioned That القاعدة المستمرة the continuous principle is في البيوع in financial transaction is الإذن وعدم المنع. That's the call of the جمهور أهل العلمة. Here we have لكن the ظاهرية. ظاهرية. What do they believe? They believe the opposite. They believe ما سكت عنه الشارع It is not الإباحة. So the جمهور المداهي بالأربعة أن كثير من سلف الأمة they are of أن الأصل في البيوع الإباحة. Okay. And that is what is صحيح. That is what is صحيح. We've spoken about in our discussion we mentioned the قاعدة number one we define the terms that are in the قاعدة like الأصل و الإباحة we spoke about the benefit that is in what the benefit that is in knowing this قاعدة or knowing أصل okay the أصل of things the قاعدة المستمرة of things the benefits that are in it we mentioned that number four we mentioned the meaning of the قاعدة what does the قاعدة mean number five we started قاعدة the evidence for the قاعدة we mentioned what evidence we mentioned قاعدة الجزئية the specific evidence where did we take it from الكتاب و سنة و الإجماع now we're going to go into قاعدة الخلية the comprehensive evidences to support this قاعدة and what are they going to be three other قاعدة three other principles that aid and support this principle which is الأصل في البويوع الإباحة تأقاعدة three other قاعدة that aid it and support it the first one is أن أن الأصل في الأشياء النافعة الإباحة there are three other قاعدة that are going to aid it which is what every okay أن الأصل في الأشياء the القاعدة المستمرة the continuous principle regarding things that are beneficial is permissibility something is beneficial for the people the قاعدة المستمرة is what the قاعدة المستمرة is الإذن و عدم المنة that is permissible but it is not prohibited good and the evidence that shows that is قوله تعالى السيئ من الله هو الذي خالق لكم ما في الأرض الجميع الله is the one who created for you everything that is on the face of this earth صورت البقى العاية 29 هو الذي الله is the one what did he do هو الذي خالق لكم he is the one who created for you what did he create for us what did he call this earth he created for us so this ayah has indicated that theصل for every single thing is permissibility how has it shown it in two ways in two ways that the ayah has shown it okay أن الأصل في الأشياء أن فيعق الإباحة two ways number one الله is mentioning his favors on us that he created for us everything on the face of this earth he is mentioning a favor that is done for us and that shows and it indicates that it is permissibility because the favor wouldn't be something I prohibited you from if you look at صورة سبع what did Allah سبحانه وتعالى say لقد كان لسبع في مسكاني آية جلتاني عيامين وشيوان كل من رسخ ربك eat from the provision of your Lord meaning everything is permissible for you go and eat from it so the fact that الله تبارك وتعالى is mentioning a favor here of making a favor that he is bestowed upon us it would mean that he is talking about the permissibility of everything on the face of this earth that he has prohibited us from it سبحانه وتعالى the second way in which the ayah indicates is الله سبحانه وتعالى هو الذي خلقا لكم هو الذي خلقا لكم the لكم if you look at the lamb in the word هو الذي خلقا لكم this lamb is called لام الملك the lamb of ownership الله عز و جل he created everything on this earth و ملكة نائية and he has placed it in our possession he has given us ownership of it so this means that we are permitted to benefit from it and utilize it إلا ما منه الشرح except that which the sharia has prohibited so those are the two ways in which the ayah indicates أن الأصلة في الأشياء إنها في عادي الإباحة و لذلك حديت ألمام المخاري and muslim both narrated the prophet صلى الله عليه وسلم he said إن أعظم المسلمين جرما the muslims within the muslims the one who has the greatest sin within the muslims the one who has the greatest sin is من سأل عن شيء in the one who asks about an issue لام يحرم فحر ريما من أجل مسألة and then he gets prohibited due to his questioning it wasn't haram it was permissible and then he gets prohibited due to his asking so pay attention here it was permissible in the beginning that's what it means and it was allowed but he asked and now it became prohibited this was talking about the time of the messenger عليه صلى الله عليه وسلم when the revelation was coming down so the person was the people the sahabas were prohibited from asking the prophet too many questions you all know the famous hadith in Bukhariah that the Anas ibn Malikin he said we were prohibited from asking any questions فكان عجيبونا it used to fascinate us that a Bedouin man would come and ask a good question on our behalf because the Bedouins were with the prophet and they wouldn't know about the prohibition so they would come from far and they would just ask the question we weren't allowed to so here what we take from this is why would it be made haram unless it was in the beginning what unless it was permissible permissible in the beginning the second قاعدة كلية the second comprehensive evidence that supports this principle which is أصلا في البيع is أن البيع من العادات that the bay is from what the bay is from the customs and it's from the nooms and the قاعدة for that is أن الأصل في العبادات المنأ والأصل في العادات الإباحة that the أصل in عبادات is what prohibition انتوقف you're not allowed to do it والأصل في العادات and the أصل of عادات عادات means what nooms and customs is what الإباحة or it's an evil permission, permissibility باية does it fall under عبادات or does it fall under عادات باية falls under عادات I mentioned that in the beginning أن البيع من العادات that the buying and the selling is from the nooms it's from the nooms and since it's from the عادات then okay it is الإذنو the permissibility what is it it is permissible and you're allowed to here now I want to mention a very good benefit which is ضابط العبادات and ضابط العادات how do you distinguish عبادة from an عادة how do you distinguish an عبادة from an عادة and how can one know one from the other عادات okay عادات is مقصودها is أخروية the intent behind it and the objective behind it is the hereafter this is what عبادات sorry that's عبادات عبادات مقصودها its ultimate goal is أخروية it's the hereafter whereas the عادات مقصودها its intent is الأعظم it's دنيوي it's this دنيا for example عبادة you don't do it for a مقصود دنيوي you don't you can't say I'm fasting in a month of Ramadan to lose weight you can't I'm permissible for you you can't say I pray ظهر عصر مغرب عشاء as an exercise it's a form of fitness you're not allowed to because these عبادات مقصودها the intent behind it is أخروية عبادة whereas the عادات the ultimate goal from the عادات is what دنيوي it's worldly but a person can intend the عادات he can come with the intent of آخرة and get a reward from Allah but the objective from it is not the آخرة it's this دنيا when you're buying and you're selling you're doing it because of your worldly need you're doing it for your worldly need okay that's the barbit and شيخ الإسلامي بلو تيمية in his كتاب القاعدو النورانية he goes more in details regarding this and what's the difference between أن رياء and قصد ومصرحة دنيوية some may say oh I don't this is confusing me here you're saying that the عادات is intending the دنيا so you need to distinguish between the دنيا from something or showing off is it the same it's showing off and having a worldly intent behind it are they both the same that is not the case so look more into that issue الشيخ الإسلامي تيمية قاعدو النورانية and other scholars speak about it in great details the third evidence I mean the third قاعدة كلية that supports this principle that we're talking about today which is is our religion what has it come with it has come with before I go into the third one we often know the famous line of where he says which is to support the second one which is the third one is if I have something this person wants it and it's in my hand and they have something I want and it's in their possession and we can't take it from each other then that would mean that the religion is making things hard and it doesn't allow me to steal it from him and it it would only force me to take debt that's the only channel that it would open for me and debt means that this person would give it to me on debt okay and then I would give it to him on debt and that would not finish it won't finish so it'd be مشقة and Ahmad Nasr Saudi who says in his منظومة that the principle of our religion is is you read Allah wants to make things easy on you ما جعل عليكم في حرج so Allah wants to make things easy it's is simplicity so these three قواعد what is it support the Quran supports it the Sunnah supports it the اجماع of the scholars support it and these three قواعد we're now going to move on to after finishing we're going to now move on to the last point today which is we're going to mention some transactions that are connected to this contemporary transactions contemporary financial transaction that people do that are connected to that are connected to that we should know that are connected to this particular chapter which is the first one is what is بايع التقسيد means payment in instrument it's the type of financial transaction where a person pays in instruments بايع التقسيد the form and the ways that it has come is so much but the most general form is بايع السلعة is to sell a product بثمان مؤجل منجم يعني مقسم على أزمنة معينة أكثر من ثمانها الحاضر it is to sell a product بثمان مؤجل منجم أنت تقوم بعمل أنت تقوم بعمل في تقوم بعمل أنت تقوم بعمل أنت تقوم بعمل بعمل مع the price that the person has to pay is a what? delayed so I'm going to say to you this is my phone okay this phone of mine is the سلعة it's a product I'm selling you are now going to take this phone بثمان you're not going to pay now you don't have to give me the money now you give me the money small installments over a period of time now the question the issue here is is this permissible is it is it permissible keep it in mind there is a what there is a price that you need you can buy it now if you want you can take the phone all what you can also do is you can pay in installments what's the difference the price that it costs to pay now is cheaper than if you pay in what an installment so if the phone costs for example five thousand dirhams now if you pay in installments it's going to cost you ten thousand dirhams and you pay it within a year this is called it's payment in installment what is the regarding it if we look at we will say is it permissible why we are using the which is the financial transaction is what it's permissibility that's it but what we have to understand is two things have to be in place two things have to be present for that type of transaction not to be haram two things have to be found two things have to be present the first one is and this thing has to be this product cannot be from those products that you have to sell on the spot and it has to be selling and taking on the spot there are some products in our religion that you cannot delay actually it doesn't allow it it forces what is known as it won't even allow debt it doesn't allow debt on it and that is for example you're not allowed to do that you can't say to a person that gold okay good I'll pay some now and I'll pay some tomorrow and give me the gold let you're not allowed to the gold is you pay and he gives it to you straight away for that you're not even allowed to buy and sell gold online the reason is because there has to be what there has to be قبض here's the money, here's the product so تقصيد is not allowed to be done with the سلعة a product which the شريعة conditioned that the person needs to take in the sit in that place okay like gold and they are conditioned okay that it has to be taken on the spot the second condition is the price for the it has to be it has to be stated if it's not مستقر that it doesn't fall under our principle which is what does this mean it means a person says to a person I'm going to sell you my car or I'm going to sell you my phone if you take it for a year if you're going to pay this in a year one year in a duration of one year it's going to cost you 6000 okay if you pay it in three years it's going to cost you 8000 if you take it for four years it's going to cost you 10,000 so it's 2,000 each time and the actual price right now is 5,000 the person says قبل to I accept what I'm going to act to and they agree on it this person who's taking it on this side who's giving it they haven't mentioned which one it's going to be is he going to pay it in three years um sorry one year is he going to pay it in three years or is he going to pay it in four years no one agreed it's all based upon this man whenever he pays this man is just taking this one the amount meaning they haven't chosen a duration with the money and this is prohibited and it does fall under what I mentioned here it becomes two transaction in one transaction that's prohibited but okay if he says in that same situation if he says listen how many how many how many choices have you given me he says I gave you one year three years or four years he goes okay I take the one year and they agree based on that one year that's permissible because the bear now has become مستقب the price has now become restricted they've narrowed it down they've mentioned it it was nothing so those are the two conditions the first condition was what that that this product cannot be from the product that the condition for it to be taken on the spot if it is they are going to narrow it down the second is and that money has to be what we need to know what's the duration you're going to pay and how much does it cost that has to be agreed upon the couple of offers that are out there he has to restrict himself to one of them he has to restrict himself and he has to agree with the seller with that that's what did we do in باع التقسيط we mentioned that generally speaking what when he meets those two conditions if those two conditions are not in there or one of them is missing what did we say is it leaves the قاعدة which قاعدة it's no longer that قاعدة anymore now we're going to go into the second type of the second type of the one of the most well known one of the most well known now which is known as is known as what باع المرابحة what is باع المرابحة is someone buys an item this is the original meaning someone buys an item for a certain price and then he sells it to another person for the original price plus plus extra amount of profit both in which are known the original price is known and the extra amount of profit is also known that he put on this the أصلاف أصلاف أصلاف أصلاف أصلاف the أصلاف for this what okay the أصلاف it's astock that we mention it's astock that the a continues principle regarding transaction financial transaction its permissibility but today we find بايع المرابحة تقول، بايع المرابحة للامر بالشراء بيع المرابحة للواعيد بالشراء which is بيع المرابحة بيع المرابحة لبام الشافعي سبيكس بارة الكتاب الأم what does it mean بيع المرابحة للواعيد بالشراء بيع المرابحة للامري بالشراء what does it mean? it means selling by instalments to the one who issued instructions for you to buy it for them I'll explain what it means a person goes to a bank and he says to the bank I want a car okay? I want a car and I'm going to pay instalments pay instalments the car that I want its description is this, this, this, this, this, this, this, this, this or he even may point towards the car and say look that's the car I want it's in that showroom, that company only and it's that car this is the details of the car then the bank says to the person okay I will buy it for you I go to the showroom and I'll buy it you're going to pay instalments yes he goes okay? agree, agree and they leave each other did the bank own the car? did the bank own the car? is it under the ownership of the bank? no the bank goes now knowing that they've been sent by somebody now they go and they go and they buy the car for this person and what they do is of course they add their price onto it so there's an original price which they buy from the showroom and there's also what? huh? there's also going to be a extra profit of amount in which the bank is going to put on it pay attention to this this one this is not permissible the reason is because number one these two individuals agreed and they had an initial agreement on something that the bank doesn't even own okay? so the bank is selling to him باعمالة يملي the bank is selling to you what it doesn't own and it doesn't possess so from that angle it leaves our قاعدة point number two is that if it wasn't an agreement in other words the bank and you did not agree on this what does it mean that you didn't agree? the bank did not take from you any money no advance payment or even if they try to call it مصارف ادارية administration fee or they take from you or you sign a contract that when they bring this car that it's going to be yours and you sign any contract no do you pay any administration fee no do you pay any deposit nothing but the bank just promises you that they're going to get the car for you just a mere promise and when the car comes you're allowed to change your mind and say I don't want this transaction anymore if that is the case then this is because the bank is promising you and it's not sold anything to you they're telling you don't worry we'll get that car would you like that car? yes we'll get it for you you're both not an agreement on anything you're not paying any money in advance no deposit you're not signing no contract you're not paying no administration fee nothing has been taken from you and nothing is made and you're not made to sign anything and you're not made to sign no contract, no nothing good pay attention to this and it's just a word promise from on the side of the bank that they'll bring you this car when the car arrives شر عنو are permitted to say I don't know longer what this is because it's a new transaction but when the car comes it's a total new transaction that I can now say to the bank I no longer want this car and that the bank accepts that if that's the case then this is but the overwhelming majority of banks don't do that they'll take a deposit from you they'll make you sign a contract and they'll say you have to be in this because they don't want to lose out that's number 2 or they say to you the money that we took from you is just all it is is administration fee those are nothing whatever good name that they try to give it the شقاعدة is that it's what it is impermissible what is it? it is impermissible and you're not allowed to do that do you make sense? we're now going to the third which is what's the ruling on buying shares in a company all of these are what we're going over it very fast because we have a lot of قواعي to do and many of them may come back again ruling on buying shares in a company a share is a specific part of the total capital of a company a person he's buying a share of the total capital of a company now we're talking about a company that exists a company that has value we're not talking about a company that doesn't exist and has no value and the reality of shares is that it is قابلة للبيعي you can buy and sell it it's like a product now what is shares? shares is what? it's like a product so according to the جمهور أهلي العلمي is that we're talking about the contemporary scholars since it's قابلة للبيعي you can buy and you can sell it they looked at it as a سلع as a product so they said it's a جوز للبيع الأسو selling buying shares is permissible and when did they use الأصل في البيوعي الإباحة but the scholars they محققون من أهلي العلمي these are the grounded noble righteous scholars they divided بيوع الأسو they divided by specific shares of a total company of a total capital of a company they divided those companies into three in terms of its ruling when you learn each of the company then you learn are you allowed to the asset is permissibility it's like buying and selling products but the companies are three types in which you're trying to buy shares from the first type is شركات لقية companies which are pure when we say pure it's two things it's pure from عملوها مباح the things that are being done in this company is permissible وتمويلوها مباح and the aid and support and the financial aid is permissible what do we mean by the the things that they are doing and what they're selling is permissible for example they sell meat حلال سلوتن okay there's nothing wrong with it what they're doing here is permissible the second thing is it's pure the second thing is what is it got they the تمويل where did they get the funds from and they didn't get the funds from حرام they sweat their blood their efforts or they collected it from people and made it into a company so in other words they didn't take it from banks as interests that would destroy the second part which is the تمويل the funds came from this is the type which is called شركات نقية these ones you are allowed to you are allowed to invest in and you are allowed to buy shares from it the second one is مخطلطة it's mixed what is it it's mixed how is it mixed the things that are being sold it's مباح okay and what they are doing is مباح لكن تمويلها the funds came from a bank and they took it on interest they took it on what they took it on interest from the bank this one it falls under the حديث إن الحلال بيّن وإن الحرام بيّن وبينهم أمور مشتبهات لا يعلمون كثير من الناس it's a doubtful one stay away from it number 3 is محرمة prohibited this one it's عملها وتمويلها the things that are sold and where the funds were taken from both the حرام they sell cigarettes okay they sell alcohol عملها محرم what they are doing is حرام what they are selling and the funds were taken from banks okay this one is حرام and it's impermissible and an individual is not allowed to buy stocks or shares from this type of company you're not allowed to إن شاء الله we're going to conclude anything which I have said that was wrong or incorrect is from me and Shaytan and Allah and his messenger are free from it سبحانك اللهم بحمدك أشدو الله إله إلا الله أستغفروا بقى 2 ملي