 وأقول في القرآن ما جاءت به آياته فهو الكاريم المنزاله وأقول قال الله جل جلاله والمصطف الهدي ولا أتأواله الحمد لله رب العالمين له الحمد الحسن والثناء الجميل وأشد أن لا إله إلا الله وحده لا شريك له يقول الحق وهو يهدي السبيل وأشد أن سيدنا ونبينا محمد صلى الله عليه وعلى آله وأصحابه والتابعين لهم بحسان إلى يوم الدين أما بعد إن شاء الله تعالى today we're going to start بإذن الله الكريم a series on القواعد الفقية المتعلقة بالمعاملات المالية the legal maxims of Islamic jurisprudence related to financial transaction that's the topic that we're going to start today إن شاء الله تعالى today بإذن الله الكريم I'm only going to go through the introduction but before I go into the introduction I want to say to each and every one of you الله سبحانه وتعالى he didn't leave a matter that would get us closer to Jannah and that will distance us from the Hellfire and that will bring about good for us in this world except that he's Allah and the messenger they both showed us it so there is not a part that will take us to Jannah there is not a part that will distance us from the Hellfire except that Allah and his messenger clarified it for us and there isn't also a worldly benefit that we can attain except that the Sharia worked towards fulfilling it for us when he started the poet he said فليس خير قطن إلا قرره that there is no good whatsoever except that the Sharia affirmed it and established it for us and there was no evil except that the Sharia I warned us against that evil فديننا لم يخلو عن حق من على Our religion is not absent from any ruling in any matter فديننا لم يخلو عن حق من على مر الزمان لو بدأ ما أعضلها Our religion has not become absent from a ruling in a matter over the years and the decades Our religion has always placed a ruling on every matter but how has it done it The way in which it has done it is that our religion has made legal maxims قوائد that we can bring every matter back to That's how the religion has placed a ruling on every matter There are all inclusive rulings or قوائد principles that everything that happens can be brought back to So that is why I felt there was a need for us to use this approach and make the discussion or the lesson or the series that we want to start which is connected to financial transactions that the best approach would be to go through it from the angle of what القوائد الفقية from the angle of principles from the angle of legal maxims and that is very vital that we do it from that angle Why should we do it in that way I will discuss that Insha'Allah but what I want to give you all Insha'Allah is a layout an understanding of how this session is going to be Insha'Allah I'm going to be speaking about the topic What did I say the topic is The topic is القوائد الفقية المتعلقة بالمعاملات المالية So we have القوائد الفقية We have the transactions and we have the financial We have three words القوائد الفقية We also have المعاملات and we also have the تم المالية What do those mean is what I'm going to be discussing in this introduction So القوائد الفقية I'm going to discuss it from three angles Insha'Allah The first one is فوائد ودراسة القوائد الفقية What is the benefit of studying القوائد الفقية Number two حقيقة القوائد الفقية What does قوائد الفقية mean What is the reality of قوائد الفقية Number three هل القوائد الفقية حجة يستند إليها The third one is Is قوائد الفقية proof that you can use when a person asks you for a issue Can you say قاعد الفقية as a response To a person who asks you a question Are you allowed to respond to them with a قاعد الفقية So those are the three angles I'm going to discuss what قوائد الفقية means an understanding of قوائد الفقية Then we're going to move on to the second term that is in our That's in our session today Which is المعاملات What does معاملات mean That's the first thing we'll talk about المقصود بالمعاملات في الفقها What do the jurists mean by المعاملات And number two We're going to be speaking about أنواع المعاملات الفقية The types of المعاملات There are The معاملات الفقية How many types are there We'll be discussing that إن شاء الله تعالى The third term That's in our topic today is المالية We're going to be discussing that Or we're going to be tackling that from two angles Number one We're going to define The term البيع We're going to define And describe And go over And cover the term البيع In the language And according to the scholars And according to the jurists What do they define as the word البيع And then last but not least We're going to take صفات اللازمة للبيع The descriptions and the attributes That have to be present In a financial transaction That have to be found In order for it to be A financial transaction Which is permissible So that's إن شاء الله تعالى Going to be What we're going to do today إن شاء الله تعالى Let me start with the first Point which is فوائد The benefit of دراسة القوائد الفقية What is the benefit Of studying قوائد الفقية Why should we make this topic المعاملات المالية We're going to be talking about A financial transaction Why are we making it Into a legal maxims Why don't we just do the topic Why are we making it Into a قوائد الفقية Because The reason or the benefit Of us studying this topic From the perspective From the angle of القوائد الفقية Is for the following reasons Number one As you all know The فروع الفقية The فروع الفقية The sub branches The fiq books that we study They're too much Meaning the fiq books In them there are many مسائل There are many issues In there There are many matters In there For instance The Kitab المنهاج By الإمام بزكرية نواوي رحمة الله That which is That which was originally taken From the Kitab المحرر بأب القاسم الرافعي This book and المنهاج The scholars they say It has in it 60,000 مسائل In it 60,000 مسائل So how could a طالب علم A student of knowledge Memorize And retain 60,000 مسائل In his head And remember it And then The نوازل And the مستجدات The new things That are going to come Are not in those 60,000 There are new things That can come There are thousands as well The Kitab إرشاد الغاوي By ابن المقرئ أبو بكر إسمعيني ابن المقرئ This Kitab The scholars they say In it is what Which is taken origin From the حاوي الصغير It's Written by حاوي الصغير Written by نجمدين القزويني In it Is 80,000 مسائل So the issues that were spoken about By the فقهة And the jurists before In the fiqh books Are so much A student can't Keep all of that And retain all of that The way he can If he studies القوعد الفقية قوعد الفقية Is one of the ways To retain that And it gives you طبط الفروع الفقية You be precise You have precision In the فروع issues If you open the fiqh books For example today The fiqh books As أل منهاج Or أمدت الفق Or أل إرشاد By ابن مقر And others You realize That the fiqh books Are divided into two عبادات And معاملات Right And the عبادات The scholars divided into عبادات Which are البدنية Like الصلاة And صيام And عبادات Which are مالية Like زكات And the third one Which is معاملات Which is مشتراكة Between the two Which is its مالية And it's also بدنية Like حج How can a professor Remember all of that The معاملات The scholars They divide it into five Because we're going to speak About it later Insha'Allah In the more details معاملات Which are معاوضات المالية معاملات Which are مناكحات So the معاملات المالية Under the falls بايع And إجارة And then the مناكحات The نكاح And the خلع You know All of that falls under there And then you have The معاملات Which are the مخاصمات The disputes And the argumentations Between the people here And نزاع And القضاء Falls under there Then you have The معاملات Which is الأمانات The الودائع Falls under there Then you have The معاملات Which is what At تلكات Which is The inheritance All of those Each one of them Is so many issues under it So if you study فروع فقية It's too much And you won't be able To be precise قواعد الفقية Will give you Those principles Those legal maxims When you memorize them So many فروع Will fall under it And that is what We think We chose For this topic to be From that angle Insha'Allah For example The word Or the قاعدة Which الأمور بمقاصدها That the Scholars mention About the فقها mention الأمور بمقاصدها قاعدة فقية This قاعدة Enters For example وضو Does a person need Intention to do وضو Does a person need Intention to do تايمون What about if a person Wants to shower And just Clean himself You see Which is Just to purify himself Or if a person Was to uplift Filth And impurity from himself Does he need intention What is the difference Between The In the chapter of جينيات When the issue of Intention is spoken about Or if a person Intended to kill a person Or another person Didn't intend to kill Another person So all of this goes back to One قاعدة Which is what الأمور بمقاصدها Look how many issues That it tackled for you Just by understanding that قاعدة So many issues Fall under it for you Number two The second benefit Of قاعد الفقية And that Is the reason why We chose it To make the issue of This transaction The financial transaction To be based on قاعد الفقية Is معرفة العلى للأحكام وحكمها Knowing the reason And the wisdom behind Why something was Made impermissible Why was it haram So you will understand Like this The Sharia connects A Prohibition To a reasoning Like for example The Sharia It says The professor So we know anything That brings harm Is prohibited شلعن is prohibited Why What's the Allah The Allah is ضرر حام So we memorize This concept Which is This Allah This reasoning Of harm What do you call it Anything that brings harm Or harms another person Is prohibited ولي ذلك If you look at The third reason Which I'm going to come to Which is معرفة To حكام النوازل الجديدة Contemporary issues That occur That were not seen previously By knowing قواعد الفقية You will be able to Respond to it For instance A person harms Another person Through social media Now this is internet The Sharia This is a new matter It's a new innovation The Sharia has a response for this Which is what لا ضرر ولا ضرر Or ضرر يوزال So It's a Contemporary issue It's a newly inch issue But you're taking it back to what A قاعد الفقية Which you knew And that's what The benefits is In studying القواعد الفقية Now we want to know Which is the second point In Sha Allah Is what does القواعد الفقية Mean And what is the meaning Of القواعد الفقية القواعد الفقية It means According to the scholars It is حكم كليون يتعرف منه حكم الجزئيات الفقية مباشرة في أكثر من باب وما في أكثر من باب It is Six things قواعد الفقية It's anything that has These six points The first one is حكم كليون The first thing is حكم The second thing is كليون The third thing is يتعرف منه That's number three Number four حكم الجزئيات الفقية Five مباشرة Six في أكثر من باب So These six We're going to go through each one In Sha Allah What it means Let's start with the first thing قواعد الفقية Is a حكم It's a ruling The word حكم What does it mean It means نسبة أمرين إلى آخر يحتمروا الإثمارة أو النفي It's attributing Something to someone or to something else That can be negated or affirmed This is a حكم This is a ruling You're attributing Something to someone or some place or whatever Something that can be affirmed or negated So قواعد الفقية is a what It's a حكم ولي ذلك Some of the scholars They don't use the word حكم What do they do يعبروا قول يعبروا فيقول عن القواعد الفقية قضية Instead of what حكم They call it قضية They call it قضية is the same meaning as the word حكم صحيح It means the same It's a synonym The second point is كليون What does كليون mean It means all inclusive You see The scholars They disputed amongst themselves Is قواعد الفقية Is it all inclusive Or is it أغلبي Is it pre-ponderant Is it pre-ponderant Or is it all inclusive This is a نقاش amongst the scholars ولي ذلك The poet he said تعرف القاعدة الفقية بأنها قضية كليا تعرف القاعدة الفقية بأنها قضية كليا That the قواعد الفقية is قضية كليا But it's حكم كلي كلي means what All inclusive Very generic Comprehensive All inclusive It brings everything in In other words You could put before it The word كل Okay everything لكن كليا هي بالقواعد Now here's a discussion amongst the scholars Then why is it That you say it's all inclusive And then after that You say there is مستثنية There are exceptions And then you start You start to take out Some You start to take out Some issues Some matters And now you're saying here It's all inclusive How do you reconcile between that Because late When we speak about The financial transaction We're going to mention The principle And once we mention the principle We're going to mention The types of صور The فرور that come under This قاعدة And they were going to say Exceptional exception is this Exceptional exception is this Exceptional exception is this And now here we're saying It's all inclusive The scholars They responded to this And this of course As I said There's a lot of discussion regarding it They said that It's all inclusive Without a doubt Okay And this is based on The ones who said It's all inclusive And they said That the ones that were taken out Of the principles Or that were taken out Of these legal maxims Were never in the first place Under this legal maximum In the first place It was different to it Okay It was what It was different to it So it's not under The قاعدة أصلان It's not under the principle Or it's not under The legal maximum To begin with And nothing to do with it That's what they That's what they said رحمه الله جميعا So It's حكم كل يون We took those two The third one is يوتعر رفو What does يوتعر رفو mean? As you all should know My beloved brothers and sisters Is the word يوتعر رفو Is not يعر رفو Okay There's a difference here يعر رفو was not used They said what يوتعر رفو And what's the difference Before we mention the difference You all need to remember The قاعدة اللغوية The linguistic principle Which was what That أزيادة في المبنى زيادة في المعنى غالبا That if a construction of a word Okay If two words are من مادة واحدة They are from the same word Two words That come from the same word One has more letters than the other Than the one that has more letters Must have additional meaning in it That isn't in the one that has less letters يوتعر رفو And يوتعر رفو They come from مادة واحدة They come from the same word So يوتعر رفو has to be Something that is Other than يوتعر رفو So what is يوتعر رفو يوتعر رفو means It means تحتاج إلى إعمال الدهني It requires that the person Thinks more He analyzes more Okay, he critiques more Whereas يوتعر رفو It's that you know it straight away Without having to think too much into it Whereas يوتعر رفو It comes from And it occurs إلى إعمال الدهني That you are moving your mind And you are thinking so much into it You are analyzing it You are observing it Okay That's what the scholars they mentioned They said That is what is meant by يوتعر رفو The fourth point that is in the definition Is حكم الجزيات الفقية What is it that the person is observing What is it that is analyzing Is looking at the ruling of The sub-branches That we were talking about That you study in فق بوكس Okay In قسم العبادات المعاملات that we spoke about Each and every one of those مسائل You are moving your mind And you are observing it And you are looking into it Okay And they are all falling under what They are all falling All of those فروح Are coming under this one principle They are all falling under what One particular legal maximum Number five Before we move on to that Or before we say that The scholars here Or I already mentioned and I touched on it Which is The قواعد الفقية Is general And the قواعد The فروح الفقية are sub-branches The sub-branches They come together under this principle Like for example What we said about It's one of the قواعد الفقية الكبرى This قاعدة How many things fall under it And Imam Al-Shafi'u What did he say As some of the salaf What did they say يدخل 70 باب And it enters 70 chapters And look how many chapters it enters You can use it In كتابة طارة الصلاة الصلاة And everything Okay You look at it This is a قاعدة This is a what It's a principle You look You're using this قاعدة For طهارة You're going to use this قاعدة For وضو You're going to use this قاعد Even for marriage Like for example Can a man marry A woman The marriage of The man wants to marry A woman With the intention of divorcing her He doesn't tell her He marries her And his intent is that He's going to stay with her For 4-3 months For 3 weeks Or something like that While he's in the country And then after that He wants to divorce her When he leaves the country Is this مكاح Permissible Even though the overwhelming majority Of scholars said it's permissible Because it's not متع They haven't both agreed on it The man and the woman Haven't both agreed on it It's something that's only In his mind Is it permissible لا It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible It's not permissible يقول مباشرة. مباشرة. القائد الفقية is taken from directly. The ruling is taken from the قائد الفقية directly. You take the ruling from the قائد الفقية مباشرة. The wording of the قائد actually gives you the ruling. For example, a person comes and says listen I prayed with وضو. I did with وضو I prayed with وضو. Well, I prayed with وضو with the وضو that I had. Asr time came. I was in a state of doubt whether my وضو went or not. I'm here doubtful of what in تقاض الوضو. Did I lose my وضو or not? And then I prayed. Now, مغريب is about to come and I'm questioning whether my asr was accepted or whether it was correct. We will say to this individual, we will say to them that your صلاة العصر was correct. There's nothing wrong with it. Why? اليقيل ساتنتي لا يزال بشكل. اما لا يزول بشكل. ساتنتي لا يزول بشكل. هذا الانتظار, he took the ruling from this قاعدة دائما. سيقول جزاك الله خيرا. Okay, it makes sense and it will go. Here is where the scholars يفرقون فيه بين القاعدة الفقية والقاعدة الأصولية. Here is where the scholars distinguish between قاعدة الأصولية and قواعدة الفقية. قاعدة الأصولية is also known as أصول الفقية and القاعدة الفقية. This is where they distinguish one from the other, which is what? قاعدة الأصولية you don't take it directly from the wording of the principle. Okay, قاعدة الأصولية أما أصول الفق you can't take the ruling straight from the wording. Example. A person comes and says, what is the ruling regarding letting your beard grow? Letting your beard grow, what is the ruling regarding that? Is it obligatory? Is it voluntary? What is the ruling? The response that we give and we say is ألعب الولدو. That the command shows obligation. This person has not taken a ruling from this principle straight away. They're going to get confused. What command are you talking about? This is قاعدة الأصولية is not قاعدة الفقية. The person will respond by saying الأمر للوجوب that the command shows obligation. What command are you talking about? The person would then have to say didn't the messengers say أعف اللحة أكرم اللحة وفر اللحة. Didn't he say that? Let your beard grow. Leave your beard and etc. All of these are they not command? The person will say yes. Then the command shows obligation. So you would need to bring the evidence and then from the evidence you would have to bring the principle out so the person can understand it. This is what distinguishes قاعدة الفقية قاعدة الفقية from قاعدة أصولية. قاعدة الفقية you take the ruling from it directly whereas قاعدة أصولية you can't take the ruling out of it straight away. Then the sixth point of the definition of قاعدة الفقية is what? في أكثر من بابن it enters into more than a chapter. قاعدة الفقية is not restricted to a particular chapter. This is where the scholars distinguish between قاعدة الفقية and قاعدة الفقية. قاعدة is restricted to what? قاعدة is what? قاعدة is the same as what we mentioned before but it's only restricted to a particular chapter. For example the scholars they say الأصل في الأواني الطهارة the asal of the utensils is that it's pure. The utensils are asal they're pure. So if we see a utensil we can drink from it or use it it's pure. The asal is that it's the صحاب بقاء مكان على مكان the default position is that it's what? It's pure. Now الأصل في الأواني الطهارة does that enter into صلاة? Can you use that principle for zakat? Can you use it for song? Can you use it for hajj? Can you use it for mu'amalat? No you can't. It's only restricted to a particular chapter within طهارة which is the أواني. Does that mean? This is a barbid. It doesn't stretch to other chapters within the فروع الفقية. So now we've given the understanding of what القاعد الفقية means. We've explained it. We're now going to move on to the third point that we need to do in شاء الله تعالى. فو القاعد الفقية which is هل القاعد الفقية حجة ويستند إليها? Is the قاعد الفقية is it a proof? Or can the قاعد الفقية be used as a proof, as evidence? Somebody comes up to you asks you a question instead of saying قال الله and قال الرسول are you allowed to respond with a قاعد الفقية? The scholars, they differed. The first group of scholars they said it is permissible and it is allowed. The second group of scholars they said no, it's not allowed. And you're not allowed to use قاعد الفقية as a proof. The proof is only in the كتابنة سنة. Those two views they are not correct. What is right and what is correct is أنه يجوزه it is permissible على التفصيل based on a detailed response. So it's not a yes or it's not a no but it is based on the conditions and the points that we're going to mention it becomes either allowed or it becomes not allowed. The قاعد الفقية is of three levels. The قاعد الفقية are مقامات. They are three levels. The first level is المقامة الأول the first level is أن تكون القاعدة مأهودة من النصوصي بالفضيحة that the قاعدة is actually taken from a textual evidence word for word it's been taken from a textual evidence. This قاعدة word for word it's the word either of Allah or the wording of the messenger it's taken from a كتاب السنة word for word An example for this is the hadith of our mother عائشة رضي الله تعالى عنها which أصحاب السنة وفور of them narrated that the messenger he said الخراج للضمان the messenger said الخراج بالضمان what does it mean it means it means it means it means Somebody comes and he asks a question he says I have brought a car from somebody I bought a car from an individual I went to a person who was selling his car and I brought it from them when I bought that car و في ذلك اليوم قمت بعمل أصدقائي و أقرأت بأن الأسلحة كانت مخفضة كانت أسلحة مخفضة و كانت أسلحة أنا now going to return the car to the person who I brought it from I'm going to bring them back the car because the car is faulty I have big problems in the car so I'm going to bring this car back the question here is the time that I was driving the car do I have to pay towards that in other words do I give that person money for using the car for that period of time okay the response to this is no you don't have to you don't have to you return the car you take your money back and there is no money that you have to give to him even though you utilized his car even if you rented that car and you saw the fault in it and you returned it whatever rent money you made from that car in that period of time you wouldn't have to give it to the person you're returning the car back to why because the قاعدة is الخراج للضمان and this wedding this principle is exactly taken from the prophet's حديث الخراج للضمان what does الخراج للضمان mean الخراج للضمان it means that if whilst you were driving that car around and something happened whose responsibility would it have been whose responsibility would it have been you okay you the one who brought the car the responsibility will be on you if something happened the responsibility will be on you and then the prophet is yours as well since the responsibility is on you and whatever consequences came wouldn't have gone to the initial owner or the one that sold it to you it would go back to you any harm any fault any issue that happened if somebody died from it you would have to pay that blood money and etc so the prophet that comes from it is also yours the قاعدة is الخراج للضمان here this قاعدة was taken from what the wedding of the prophet it was exactly what the prophet said came a قاعدة this one is permissible there's no issue in this one the second level of القاعد الفقية is أن تكون القاعدة مأهودة من النصوص بالمعنى it's not taken from the prophet's wedding the prophet didn't say it like this but the meaning is what's taken from the prophet as-salamah and this falls under the issue of رواية الحديث بالمعنى narrating a hadith based on meaning okay and an example for this is the قاعدة which is الأمور بمقاصدها the prophet didn't say الأمور بمقاصدها the prophet said إنما الأعمالوا بالنيات the prophet didn't say الأمور بمقاصدها the prophet said إنما الأعمالوا بالنيات so this قاعدة الأمور بمقاصدها we take it on board because it's taken from the meaning of the hadith إنما الأعمالوا بالنيات and other hadiths and we spoke about this قاعدة which is الأمور بمقاصدها صلاة ينتز it طهارة ينتز it زكاة ينتز it حج ينتز it and it's everything from the قواعد الكبرة it's from the قواعد which are كبرة the comprehensive legal maxim in our religion it enters in Iqaha we mentioned it which is the Nikah a man marrying a woman with the intention of divorcing her is it permissible or shara'an? no it's not permissible وإن قاعدة به الجمهور even if the overwhelming majority of the scholars say it no it's not I will speak about that more إن شاء الله تعالى ليتها why because of this قاعدة الأمور بمقاصدها الأمور بمقاصدها it's مأخوظة من النصوص بالمعنى not below the ha it's not from the process another example is أليقين ولا يزولوا بالشك أليقين ولا يزولوا بالشك أليقين ولا يزالوا بالشك it's also not what the prophet said the prophet didn't say this it's taken from the hadith of the prophet where he said to the man يا رسول الله he said I think sometimes I pass wind you see and then the prophet instructed him that the wind coming from you the passing of the wind is based upon حتى تسمع صوتا أو تجيد ريحا unless you hear a noise or you smell it it's a certainty that's when you disconnect from the prayer that's when you leave the prayer so أليقين لا يزولوا بالشك it's taken from those kind of evidences whereas this word being the prophet didn't say it عليه الصلاة و السلام that's the second level of القاعد الفقية the third level of level of قاعد الفقية is أن تكون القاعدة استقرائية the قاعد is استقرائي what does استقرائي mean a مبنية على تتبع الأحكاب و ليس لها دليل خاص this قاعدة الفقية is built upon deduction it's built upon deduction and it is بمنزلة القياس it's like kias it's actually like analogy it's based upon independent reasoning and it's also based upon analogy قياس and it takes the ruling of the قياس أصلا and when do you use قياس قياس is used when you don't find any evidence in a particular issue و لذا الكلمة المشافعي when he said القياس للفقية قياس for the jurist is what كلميتة للمضر it's like eating a dead corpse you only eat it when you're in a state of necessity so the third one is only used as evidence when there is no دليل خاص an example for that one is القاعدة which is اتابع اتابع what does اتابع اتابع it means two parties are affiliates if they have the name and the essence an example would make it more clear اتابع a person comes and he says اتابع اتابع and when I sold my house اتابع the fortress around my house what was in there as well was a tree this tree إنه مفنر إنه صحيح الذي يقوم بإمكانه أفضل من الأجهزة أريد أن أخذ هذا صحيح وأنني فقط أردت أحد في المنزل فاقي أمضى قادي أمضى مفتي سأسأل بسبب حياتك أو حياتك عندما تستطيع أن تستطيع أن تستطيع هل تستطيع سعيد وجه وَقَدْرُمِ وَمِنَكَ عَلْي أَنْقَدْرِ أم لا؟ حياتك أو المنزل أو حياتك حياتك المنزل ومنزل نحن ومن حجم ومن بنا حياتك حياتك أكوانين لك أكوانين لك not you personally but the community and the people that you're from if he says that the fortress and what's within it is considered to be part of the house then the scholars would say التابع since it shares the same name as the word house and the fortress and everything they share the name these two parties are affiliates in terms of name they now also share the ruling the name is the same so the tree and the house both are considered to be house the ruling is both the same which is both of them are owned by this individual so this قاعدة is based on خيس there's no دليل خاص there's no specific evidence for it so that should be understood إن شاء الله now وليلا الحمد والمينا we finished the concept of القاعدة الفقية we defined so we spoke about the benefits of studying قاعدة الفقية we mentioned three benefits we also talked about the meaning and the definition of القاعدة الفقية and number three we spoke about is قاعدة فقية حجة يسترد إليها حجة يسترد إليها حجة يسترد إليها when a person asks your question can use قاعدة الفقية now we're going to move on to the next part of our topic which is المعاملات what does it mean because our topic what did I say is القاعدة الفقية المتعلقة بالمعاملات and then المالية those are the three so قاعدة الفقية and the third one is what المالية what does المعاملات mean what does the meaning of المعاملات mean المقصود بالمعاملات عند الفقها according to the scholars المعاملات means الأحكام الشرعية المنظمتي لتعامل الناس it is the jurisprudence that organizes the way that people interact with one another and the method in which people deal with one another the jurisprudence rulings the أحكام الشرعية that deals with okay the method and the way that the people need to deal with one another this is called what المعاملات it's transactions dealings we've now defined what it means المعاملات عند الفقها we're now going to go into the second part which is أنواع المعاملات الفقية how many types of معاملات آضية according to the فقها the فقها they said that the معاملات is 5 types the first one is معاملات مالية financial transaction okay financial transaction and this involves البيئ means selling and buying and the second as you can all see we're only going to take which one المعاملات المالية the first one is what we're dealing with and the معاملات المالية involves البيئ when we're going to be speaking about البيئ are we all together that's important we understand it the second the second type of المعاملات الفقية is المناكحات marriage such as these issues are default number 3 is disputations and argumentations and conflicts that happen between two people it's a deal this is the the the the the the things that you're entrusted with the things that you're given التلكات التلكات is the inheritance from those 5 so we've defined what معاملات means we've also spoken about the types of معاملات there are we are now going to restrict restrict ourselves to which one the first one which is معاملات المالية معاملات المالية that's the one we're going to talk about what does مالية mean مالية as we mentioned it's finance wealth and we're going to talk about what مال means بيدني الله الكريم مال is كل عين ينتفع بها what we lack we'll speak about that soon we'll speak about that soon but what we have to understand is with the other four with the other four types of معاملات الفقية we're not going to talk about we're only going to be discussing المالية بيع so the question here is what's بيع what does بيع mean في اللغة and what does it mean what does it mean in the language linguistically and what does it technically mean according to the jurists بيع في اللغة بيع in the language is مبادلة شيء بشيء it is to exchange something with something else مبادلة is exchanging ولذلك the scholars they mention بيع it's in the language it's considered to be from the words that are called the words that are called what does بيع it means a word that has two opposites as a meaning it carries the two opposites in the meaning of that word okay بيع is like that بيع in the Arabic language selling something to someone is بيع buying something from someone is also بيع that's out of that like also Allah mentions in the Quran كله سفينة غصبة وكانوا وراءهم the word وراء in the Arabic language is from the abdad which is it can be the front and it can also be the back the word وراء can be the front because وكانوا وراءهم يمين أمامهم before them was a king and it can also be used as a what is the back another word like that is the word قرأ in the Arabic language the word قرأ it's a term which can be used for حيط and it can also be used for طهر so it's from the abdad it's called it's written in books on that على كل حال بيع is what it's in the language مبادلة it is مقابلة شيء بشيء something with something that's what it means in the language what does it mean there are many many meanings we're going to be taking إن شاء الله و تعالى أدق تعريف the most precise type of تعريف in defining the word so now we're going to go into what does بيع mean according to the scholars of the language sorry the scholars what do they call بيع there's going to be eight points that you have to know in the definition of البيع as we said we're going to take أدق التعريفات the most precise definition for the word إن شاء الله و تعالى there are eight points that you have to keep in mind in order for the definition of البيع to be correct for you the first one is I'm going to read it all and then we go through each one it is مبادلة و مالن ولو في ذمتي أو منفعت مباحة بمثل أحده معلت تأبيد غيرا ربا ولا قرض eight points the first one is مبادلة what does مبادلة mean we mentioned before it's to exchange and as you can see from the Arabic language the سيغة here مبادلة is of what according to the أهل اللغة is مفاعلة and مفاعلة what does it show it shows وجود الطرفين that there's two parties here so مبادلة means to exchange with somebody else okay good it's مبادلة it's to exchange what are you exchanging with this person مال you're exchanging with this individual مال مال means wealth here according to the حقيقة العرفية according to the people's definition and what they understand is the word مال is they only think مال is money and they don't think that a car is مال and they don't think a book is مال or a mobile phone is مال according to the فقاها and the jurists they understand the word مال to mean all of that what we mentioned ولي ذلك the definition that is given is كل عين ينتفع به what you lack anything that is benefited from and that thing has an essence it's عين something that exists and a person benefits from it and you can own it you can possess it this is called مال it's عين ينتفع ويوملك it's an essence which is present good two it is also benefited from three it's possessed those three points is what a مال is is what a مال is so a car is مال a pen is مال a book is مال money is مال this is based upon what اصطلاح العلماء this is the scholars what they define it as so we've said the first point is مبادلة is to exchange and we said there are two sides number two we said it is what مبادلة you're exchanging what مال is wealth so it means مال means money it also means book, pen, car it's كل عين ينتفع به what you lack number three is ولو في ذمه ولو في ذمه what does it mean even if it's in the person's ذمه we need to explain this much very well the عين the thing that a person is going to exchange with you is of two types so if I want to buy something from you the presence of this thing and the absence of this thing is called as a categorized attitude they say it's it's one تكون موجودة بعينها the thing is in front of me it's present right there and you're sending it to me that's one number two is what it's actually it's not present where is it it's two types the one that's not present is two types the one that's absent is two types number one it really does exist it's present right now but in front of the person who's buying it okay probably in another place okay it's in another city I'm trying to sell to you my house in عجمان okay or okay and we're not there but does that house exist now it's present it does exist the reality and the essence of it does exist but it's not here in front of us so what am I going to do I'm going to describe for you a description that will remove the ambiguity from it okay I will tell you how many rooms it has I'll tell you how big it is the size and etc it exists the second type of that which is which is not actually in front of the person who's buying it at all وإما أن تكون غير موجودة it is not present at all it hasn't come about yet and this is the one which is permissible it's only the one called the سلم we'll speak about that in the قواعد and the principles that we will be discussing so let me repeat that one more time what does it mean ولو في ذمة so it's two types in terms of the product that you're buying it's two types تكون موجودة بعينها the thing is right in front of you that's not ولو في ذمة that's not the one we're talking about ولو في ذمة is the second type which is what it's two types إما أنها موجودة بحقيقة in its essence it's present it's made it's created it's manufactured ولكنها غائبة but it's absent from this particular gathering فيصفها وصفة I would then describe it to you I will present a good detailed description of this thing that you now don't have any ambiguity regarding it an example could be me selling you a house that I own in another city and another village number two is that it doesn't actually exist it hasn't been made yet وإما أن تكون غائبة موجودة أصلا وأدي خاصة بالسلام this one is specific to the salam and we'll talk about bayru salam Insha Allah in great details the fourth point regarding the definition of bayru istilahan is you are exchanging with this person not mal it's not mal you are exchanging with them or مفاعة مباحة a permitted benefit you are exchanging a permitted benefit what does that mean the مفاعة here is not a Ain it's not something that's present it's not something that can be touched it's not a book, it's not a pen it's not something tangible but it's a benefit that you're going to give me an example for that is my house is very big it's mansion it's long and you live behind me and for you to go to the masjid you would have to go around my house you have to go around my house whereas I live in my house so I just go through my house and go to the masjid quick you on the other hand have to go around my house so you come to me and you say listen I will pay you for what to make a path within your house in order to get to the masjid fast you sell that to me he wants a what he wants a service, he wants a benefit from he's not buying something tangible okay he just wants the benefit from that road that will be made for him to what the masjid fast pay attention here something that's permissible can't be something which is haram but here the question is what's the difference between this and then then renting them why is this not renting because this is a point what as long as this house exists and he hasn't sold this house okay he hasn't sold the house I am Allah he can't take it back he sold it to me I on the other hand can I sell it or not no because I'm only benefiting from it and others can benefit from it if they want to okay number 5 بمثل أحدهما here what did we say a person is paying for a manfa'a we touched on that one before that a person is giving money and they are taking something that exists so you give money you give نقود to get what to get a book both of them are like in مال the fifth one is money for money or money for manfa'a or manfa'a for money it doesn't matter بمثل أحدهما one is giving money you get the benefit or the other one is getting a benefit for money or money for money or benefit for benefit doesn't matter all of that is permissible that's what it means بمثل أحدهما okay sixth is I buy this car from you it's mine forever you can never claim this car anymore it's mine you can't take it back okay as long as the eye of this house exists then I benefit from it okay إجارة لكن is what مبادلة منفعة بمان مؤققة ليست على تأبيل the إجارة is restricted to a time the person says for two years you can benefit from my house okay this is it I rented it to you and etc seventh is what why do we have to take khriba why do we have to do احتراز of khriba interest because all of that which we said from the beginning till now khriba was still in it khriba we have to restrict it specifically I mention it by name to get it out of the definition khriba is not باية okay we'll speak about that more in details إن شاء الله اكتعاله eighth is قرب and debt debt is also what all of that which we mentioned is debt okay so we have to mention it by name to take it out of the definition لان debt debt is based upon إحسان based upon kindness and generosity على كل حال على كل حال that's the definition باية so what we've done الحمد لله is we've defined باية في اللغة and we've defined باية استلاحا we're now going to go into the last point which is الصفات اللازمة للباية the attributes and the characteristics that are that have to be present in buying and selling okay when it comes to business there has to be a characteristic an attribute which is consistent and continuous it's only one that I'm going to mention إن شاء الله اتعالى we won't go too much into it and that is اللى يضمان رأس المالي و اللى يضمان ربح اللى يضمان رأس المالي و اللى يضمان ربح a person invested a money into a business he put 5000 in there he's waiting for what he's waiting for profit so the person put 5000 in there this 5000 is called رأس المال that 5000 it has to be open for loss and profit and no one should guarantee that amount shouldn't say that 5000 you put in it is guaranteed to return back to you no the رأس المال that the person put in has to be open for loss and gain و اللى يضمان ربح the extra that the person will get beyond and above the profit has to also not be guaranteed for them all of it can go all of it can go this is a صفة لازمه للبيه has to be an attribute and a characteristic that is present in every transaction و اللى يضمان رأس المال و اللى يضمان ربح you cannot guarantee the person the initial amount that they put in and you're not also allowed to guarantee them the profit that comes from it this becomes حرام what type of prohibition is this we will leave it for the next session that we're going to have where we're going to go deep into the principles I'm going to I'm going to mention قواعد principles for باية for buying and selling these principles will be very comprehensive will give a lot of examples I will even bring contemporary examples anything which I have said that was wrong or incorrect is from me سبحانك اللهم بحمدك أشهد أن لا إله إلا الله أستغفر وأتوب إلي