 وأقولوا في القرآن ما جاءت به آياته فهو الكاريم المنزال وأقولوا قال الله جل جلاله والمصطف الهدي ولا أتأواله الحمد لله يا رب العالمين له الحمد الحسن والثناء الجميل واشدوا الله إله إلا الله وحده لا شريك له يقول الحق وهو يهدي السبيل واشدوا أن سيدنا ونبينا محمد صلى الله عليه وعلى آله وأصحابه والتابعين لهم بإحسان إلى يوم الدين أما بعد إن شاء الله تعالى وإن أو سيريس القوائد الفقية المتعلقة بالمعاملات المالية الكائد الفقية الملجونيةا لذلك مجوء فتاقف عن البعض الملجونية كنا نقوم بالقائد الفقية المتعلقة الملجونية الفقية المنزلية وان شاء الله تعالى نتفعل إلى كائد القائد على حدث أن هذا القائد فتاقف على قائد الفقية الملجونية هذه القاعدة الثانية هي العبرة في العقودة للمقاصد والمعاني لا للألفاضي والمباني هذه القاعدة هي العبرة في العقودة للمقاصد والمعاني لا للألفاضي والمباني The way that we are going to do this principle is in the following way Number one, we are going to define this principle We are going to go through each point and what it means insha'Allah Second is, we are going to speak about whether this principle is agreed upon or there is a difference of opinion regarding it Number three, what benefit does this قاعدة have And what is the benefit in this قاعدة The third is, فايدة القاعدة The benefit that is connected to this principle insha'Allah or this legal maxim Number four is, دليل هذه القاعدة Four evidences that support this قاعدة This قاعدة is grounded and it is rooted from the Qur'an and the Sunnah Evidences for it insha'Allah Number five, I'm going to mention a very strong statement of Sheikh-ul-Islam ibn-ut-Taymiyah A very beneficial statement of Sheikh-ul-Islam ibn-ut-Taymiyah رحمه الله تعالى That's number five Number six, I'm going to speak about that which goes outside this قاعدة Remember we said at the beginning when we were studying قواعد الفقية There could be possible that there are things that go outside the قاعدة So this قاعدة العبرة في العقود للمقاصد والمعاني لالي الالفاضي والمباني What is the thing that exits this legal maxim Or exits this principle Number seven I'm going to insha'Allah Speak about ما يتفرع عن هذه القاعدة What are the things that come under other principles That come under this principle I'm going to speak about Are there any other principles that are built upon this principle We'll discuss that insha'Allah And number eight Examples regarding this principle So we'll speak about أمثلة على هذه القاعدة Number nine Which is the last We're going to speak about Contemporary transaction that fall under this principle We're going to apply this قاعدة On contemporary transaction Contemporary financial transaction So let's start with the first which is تعريف القاعدة Let's explain this قاعدة What does it mean العبرة في العقود للمقاصد والمعاني لالي الالفاضي والمباني What does it mean That what is given consideration In transactions Should we give consideration to Should we observe The intent of the individual And what it means Or should we give consideration to And should we observe The wordings that the individual is using And we don't look at what he means Or what he intends That's what the قاعدة means In transactions Should we observe the intent of the individual And what he means Or should we observe And should we consider What he says And what he vocalizes That's what the قاعدة means This قاعدة اختلف فيها الفقهة This قاعدة is not agreed by everybody This قاعدة is from the قواعد Which are مختلف فيه So we've done the first part Of our today's session Which is to define and explain What the قاعدة means We've explained it We're now going on to the second Which is This قاعدة Is it different upon The scholars differ upon this قاعدة نعم This قاعدة The فقهة The jurists, they differ And they don't all agree Well, because they differ On this قاعدة They saw it appropriate To word it in a questioning To word it In a questioning format Instead of making it a statement Because the قاعدة itself Is not agreed upon So instead of saying للمقاصد والمعاني لالي الالفاظي والمباني They've chosen to say هل العبرة Is the Thing that we should observe Should the thing that we observe Be in transactions The intent Okay And what the individual meant Or should we observe The wording And that which the individual vocalized You see I structured it In a questioning format Instead of a statement format Because in the statement format There can be a form of assertion That you're asserting something Whereas a questioning Is You're not asserting it You're questioning You're interrogating That's what the scholars And the فقهة And the jurists chose to do Because the قاعدة Is not agreed upon But the strongest opinion Is that this قاعدة Is That The thing that we should observe And the thing that we should look into And give consideration to Is the intent and the meaning Not the wording And that which the person vocalizes So That what we should give consideration to That which we should take on board Is what the person intended And that which they meant Not what they said or vocalized And in شاء الله I'm going to bring evidences For why this opinion is the strongest Because We can't say this opinion is stronger Than this opinion Without providing A reasoning behind it Or else we will become People who are unjust If we say this opinion is stronger Than this opinion without any evidence Then we're doing what is known as تحكم We're unjustly Dictating Our opinion on to others So I'm going to come for the evidences Why this opinion is the Strongest which is That which we should give consideration to Is what the person intended That which they meant Not what they Not what they vocalized or that which they said Now I move on to the third point Which is فائدة القائدة What's the benefit in this قائدة What's the actual benefit In this particular قائدة The benefit becomes apparent And it becomes clear When we look at A person's statement If a person unrestrictedly Says Something And It could be taken For many other meanings Or it can be taken For another meaning or soul For instance If somebody says I have sold to you Bait my house 20,000 For 20,000 I have sold my house for you Sorry If somebody says I have sold you Bint my daughter If someone says I have sold my daughter 20,000 For 20,000 I have sold my daughter to you And the other individual on the other side Says Now let's look at the wording Of what the individual said The individual said The guardian of the girl Said I have sold I have what I have sold my daughter For 20,000 And the other individual Said what The other individual said Here it now becomes Apparent The benefit that's in the قائدة here Which is what If you're of the opinion That we give consideration to the wording And what the person vocalized Then this نكاح is Because the individual used What He used the word بئة Where he should have used What And كاحتك He used the wrong wording And what you give consideration to Is the wording And that which the person vocalizes And in this situation they didn't vocalize What they should have vocalized And the path you take is there Whereas the other individual Would say العبرة في القصود That the intent Is That which I give consideration to Is what the person intended And that which they meant Not necessarily what they said Even though later in شاء الله تعالى We're going to see Is this example Fool under the قائدة Or is it from those which are Is it from the exceptions We will look at that in شاء الله تعالى Pay attention to this point Does this particular example Fool under the principle Or is it an exception Will expand on that later But I just want you to understand This is a prime example For The benefit that's in this particular قائدة Another Example A person says كفلتو فلانا بشرط أنه بري Okay A person says كفلتو And we know what the word كفلتو means It means دم وضمة إلى دمة That's what it means كفالا that's what it means A person is saying To another individual That this individual I am a كفيل كفيل meaning a sponsor The responsibility of this person is on me Okay For what like With the condition that he's free He wants to give money To someone And he says to him He says to them كفلتو I am responsible For this individual As with the condition that they are free Now the word كفلتو puts him under a category known as كفالا But what he really intended was what What he intended really was حوالا Meaning Whatever you wanted from this individual Is now on me I am going to pay on their behalf And they are going to be free But it doesn't mean كفالا So do we look at what he said Or do we look at what he meant That's when the قائدة becomes apparent That's when the قائدة becomes apparent That's when the قائدة Becomes apparent And the benefit in learning it Is at situations like that Now we are going to go into What are the evidences That support That the intent behind Transaction is what is intended And meant And not what was vocalized And said The evidence for that are four evidences The first one is The Hadith of the Messenger Which is This Hadith It made the foundation Based on The intention Okay Every action Whether it be speech Whether it be What you do All of it is based upon All of it is based Upon what you intended That's what the Hadith benefits us So this Hadith supports That the intention is what's looked at Not necessarily what the person says or does Good The second Evidence That is used here is The intent Is really What is behind the words of an individual A persons Those scholars They say To actually give Importance to what the person intended Is what makes sense That is Given priority Over what they vocalized The reason is because What is it that we intent What is it that when a person says something That you take from it You take the meaning from it You take what from it You take what from it The meaning from it And that which a person is saying You take the meaning out of it When somebody talks Are you listening to the wordings Or are you really listening to the meaning That's coming out of their wordings You're focusing on the meaning That's what you're giving consideration to So what you learn is that the wordings Is just the means So we'll see that What is the meaning So how are you going to give How are you going to give priority To the Objectives Sorry the means over the objectives That's the second point That was brought In favor for this principle Number three What they brought was The حديث الإمام البخاري and مسلم Both narrated The Prophet صلى الله عليه وسلم He used a man From the people of azd The Prophet صلى الله عليه وسلم He used a man from the people of azd A tribe known as azd His name was أل أتبية أل أتوبية His name was أل أتوبية The Prophet صلى الله عليه وسلم Used him This man For a particular tribe known as بني سوليم He told him to go And collect the صدق from them About the zakat from them So when this man came They gave him the zakat And they also gave him a gift They gave him a gift So when the man came back to the Prophet When the man came to the messenger To give the zakat To give the zakat That was given to him The man said to the Prophet صلى الله عليه وسلم He said And the portion that was given to him As a gift He said This is a gift That was given to me As a gift So this is a portion And this is a gift that was given to me Now the message صلى الله عليه وسلم He said to him The companion فهل first the Prophet صلى الله عليه وسلم He said And then he made a خطبة And from what he said was To the man Or those individuals he wanted to speak to in general He said Why didn't you sit in your parents house Your father in your mother's house حتى تأتيك هديتك And this gift This so called gift Can come to you إن كنت صادق and if you're telling the truth What the Prophet was trying to say Was that this is not a gift This was a bribery The messenger عليه وسلم Did not give consideration to the wordings That the companion used The companion used the word هدية But the messenger صلى الله عليه وسلم And based it on the reality And what it means The reason is because هدية العمال is غلول People of positions When gifts are generally given to them It's given to them through bribery It's to get something from them It's to To get something from them So the messenger عليه وسلم Based on this حديث What did he do And he based it on what He based it upon The intent And the reality and the meaning that was behind it Not what this companion vocalized Or what he said He vocalized it as a gift Or he said that it was a gift from them The Prophet didn't give that consideration The fourth evidence that they used Is The messenger صلى الله عليه وسلم Is time At the time of the Prophet عليه وسلم In transaction Buying and selling Was present The messenger عليه وسلم لم يريد عنه بصلى الله عليه وسلم الدليل على التزامي بلافض المعين The Prophet didn't say that when you're buying And you're selling You have to use these words He didn't say that عليه صلى الله عليه وسلم He didn't say that when you're buying And you're selling That you have to say I am selling I have accepted your product He didn't say that عليه صلى الله عليه وسلم What is it that the Prophet permitted عليه صلى الله عليه وسلم So the messenger عليه صلى الله عليه وسلم He gave consideration to that Which is intended Of what both parties understand from one another Not Particular wordings that are used و لذلك شيخ الإسلامي بن تيما رحمه الله He said إن العقد جنس لا يشرع فيه التعبود This is the word that I was going to say That I said before That I would transmit from شيخ الإسلامي بن تيما Which is إن العقد ترانساكشنز لا يشرع فيه التعبود There is no شرعي Terms that are used When buying and selling Like when I'm selling to someone There's no شرعي terms that I have to use There isn't, there's no word that the شريعة told me to use And the other person on the other side He's taking a product There isn't on his side Something he has to say in return Here It's all based upon what It's all based upon ما يفهم مقصوده That which the intent is understood from And that which the other person means is understood That's all that matters إن العقد جنس لا يشرع فيه التعبود Those four evidences Are what The The overwhelming scholars used The overwhelming majority of scholars From the From the From the From the And the The overwhelming majority of scholars Who strengthen this That the thing that's given consideration Is the person's intent And that which he means Not necessarily Not necessarily What they say or vocalize Now I'm going to Mention An exception That leaves this principle Something that doesn't have Anything to do with this principle It gets out of this principle And that is something we mentioned in the beginning Which is the issue of An نكاح نكاح Which is Marriage contract The scholars they mention But some of the people of knowledge They see نكاح We observe the wording And we observe that which is vocalized Not what's intended or meant Why Because they said A نكاح It falls under the concept of الأعراض People's honor And the شريعة gave a lot Towards the honor of the people It did As you all know If a person commits zina To Testify against them and say That they committed zina Four witnesses Four witnesses The reason is because Is to protect the people's honor Not one person Not two, not three Four people To all see a person Doing zina Not hugging each other or shaking hands Or sleeping in bed together Or anything Seeing the act of zina being done Four people have to be The religion Gives a lot of Consideration towards people's honor The second reason Is because they said الأصل في العرض The asal for people's honor The asal for a woman Is prohibition You can't have intimate relationship With a woman as long as it's not good Until you go through a contract And a marriage So you can't Remove that Relationship with a woman Except through a certain well established Method So they said This قاعدة Which is العبرة في العقود للمقاصد والمعاني They said this one doesn't apply To a نكاح A نكاح is an exception To this principle So what is What is looked at In terms of marriage There are terms that need to be observed There are terms that need to be Looked into So if a man says I sell To you What? 20,000 20,000 This نكاح is not a void Because he has to say He has to say He has to say that Or any other terms like that Which are known to mean نكاح That's very important that you understand it So we've defined this قاعدة We've spoken about تعريف القاعدة We also spoke about The scholars differing upon the قاعدة Number 3 We spoke about the benefit in learning the قاعدة Number 4 We gave evidence for this particular قاعدة The evidence related to this قاعدة Number 5 We mentioned the statement of Shaykhul Islam ibn Utamiya A very powerful statement Which he said Number 6 We mentioned the exception Or the thing that leaves this قاعدة We mentioned it Which is نكاح We said نكاح does not fall under this قاعدة Now we're going to speak about ما يتفرع عن هذه القاعدة Other principles That come out of this قاعدة Is there any other principles That come out of this قاعدة Yes Number 1 أنه لا يشرع لنعقاد البيع لفضل Since we said That In transaction What is observed is the intent And what the person meant Not what the person said Or what the person vocalizes Since we said that That's the قاعدة that we were talking about The scholars they took another قاعدة Out of this which is There is no condition For vocalizing In transaction You don't have to vocalize You don't have to utter Anything When you're doing a transaction أنه لا يشترط It's not a condition لنعقاد البيع for a transaction A business, a financial transaction For it to be correct There's no condition for utterance There's no condition for vocalizing There's no condition for speech There isn't In other words ينعقد البيع The transaction can just happen by Just by Action without saying anything And of course this is called بايع المعاطات What is it called بايع المعاطات بايع المعاطات means أن يقع A transaction happens between two people Of what a product One gives the product The other one gives The money أن يقع بايع السلعة ودفع الشمال من غير تخلل من غير تخلل للفضل من غير تخلل للفضل Without anyone uttering a word No one saying anything This one gives a product The other one just takes it and leaves So he goes to the shop He comes, he walks in He takes the product Comes to the cashier He gives him the The product Gives the money This one takes the Product and he leaves No one spoke to anyone No one said anything to one another This is permissible That it's not a condition to say anything This one doesn't have to say How much does it cost You want to give me This is called This is permissible And it's allowed This is permissible And it's also allowed So if that's the case That is allowed Then another issue falls under this particular issue Which is What about Or what about Selling based on writing If you said that vocalizing If you said utterance Is not a condition For بير By selling Then what about if I Can I write نعم If an individual He writes Instead of saying anything That بير is permissible The person Whose writing can be two types A person who goes to a shop And goes He writes on somewhere Instead of speaking Okay Then this of course is It's permissible Instead of speaking to one another They just write to one another This one is It's بير It's a person who is present Who is buying from a person Who is present in front of him Here the second form He's not with this person So he's emailing him Or sending him a whatsapp He's speaking to him through social media Okay This one is it permissible According to The overwhelming majority of scholars It's permissible For example a person says to another person You know Sell me your car بخمسة ألا 5000 I want to buy your car from you for 5000 But he writes it He writes this to him By email Or by whatsapp And the other one says okay I'll sell it to you This is permissible And this is the view of the As I said Here there's a point that needs to be taken into consideration Two points When it comes to the issue of writing Two points Need to be taken into consideration Number one لا بد أن تكون الكتابة مسترينة لا بد أن تكون الكتابة مسترينة لا بد أن تكون الكتابة مسترينة The writing That this individual is doing to the other person For it to be given consideration For it to be taken on board For it to be taken on board It has to be a writing It has to be a writing Which is apparent Which is apparent And it remains It's a writing that's apparent And it remains What do we mean by this Remember we spoke about The films of transactions are marriage We're always going to try to give examples of marriage And of course buying and selling as well A man He scribbles or he writes In midair And what does he write in midair He writes أنت طالق The you are أنت طالق He writes in the air You are divorced to his wife Is this given consideration No The reason is because This writing It is not مسترينة It is not It is not It is not And there's nothing that's remaining Or a person scribbles on water This is also not considered to be Anything All of that The scholars they They put under حديث النفس حديث النفس means a person talking to himself They put under that They say لا عبرة There's no consideration or given to that So the writing that these Two people are sending each other Has to be writing Which is going to remain And it's going to be there And it has to be مرصومة We're still on the first point So it's مستبيلة مرصومة مرصومة means what The individual Who's sending it Is known So it can't just be A anonymous person Trying to buy from another person Ask a person Who's known So they write their name It's known it's them And the condition when it comes to that writing Is أنه يشترط أن يقع القبول أن يقع القبول في المجلس الذي يقرأ فيه الكتابة أما يقرأ فيه الكتابة The second condition is The acceptance Has to happen From the individual In the gather In a sit sorry In which he reads the message So a person receives a message From a person saying The minute he sits down And he reads it That minute It's now the The gather is the sitting Of where they're buying and selling He has to Accept them Because remember When it comes to buying and selling There's a A gathering sitting where both parties Have the choice of leaving the contract Or the other person has the choice Of accepting or rejecting That Is the minute the person reads the message That's the condition Another point that needs To be brought Here which is very important Is The product in which You're asking to sell And the other person wants to buy Has to not Be from the products It shouldn't be those products That you're not That when you're buying it And you're selling it It has to be based upon give it to me And I'll take it from you There are some products in the religion That the individual Has to Physically give it to you And you have to physically take it from them And you have to physically pay for it It's not allowed Or I'll give you the money tomorrow And you'll give me the product now You want to accept that Like gold The process I said when I told us It has to be here and here You can't So those people who sell Gold It's not permissible Has to be there Has to be somebody who takes it Somebody gives it Also money exchange online Where people exchange money online And there's no take and give straight away Scholars They bring all of that under Under the Hadith of the Prophet ﷺ Which there isn't any what There is no Taqab with the filmجلis The person is not In the gathering to take it The scholars They said If the person has a كفيل I'm a وكيل If a person has a وكيل Who takes his So when the other person You have somebody with him Okay The one who's selling There's a وكيل with him From the other person's side And the one that's buying There's a وكيل from the other one's side And the money is all given at the same time So this one gives the money to him And the other one gives the product to him And they're all representatives of him Then this is permissible This is a what It's a permissible Act So this مسألة صرف العملات Money transferring We spoken about it And that's an example Of The contemporary boyour And We spoke about بوسائل الاتصال الحديثية Selling products online eBay Selling it on Amazon You're allowed to Sell it and buy it Because we said أنه لا يشترطه أنه لا يشترطه لنعقاد البيع لفظل You don't have to say I sold it or I bought it You don't have to The action is enough The writing is also enough But we said that The writing Two conditions The first one is لابد أن تكون الكتاب مستبينة وأن تكون مرسومة Number three we said أنه يشترط أن يقع القبول في المجلس الذي يقرع فيه الكتاب بالرسالة The first one is that it has to be clear The writing The writing And apparent It also has to be known who it comes from And number two is أنه يشترط أن يقع القبول في المجلس الذي يقرع في الكتاب The person who is on the receiving end Who is selling the product The minute he sees that message sent to him He has to accept it on the spot And say yes or no to it Why? Because what we want is To accept That the accepting And the request Both of them are happening at the same time And the way that is going to happen is He is now seeing the request So the request has come now And the acceptance has to be on the spot We spoke about selling the product online And using Whether it be these WhatsApp Selling it on Text messages Selling it online Whatever it may be He said it is permissible As long as it is not يشترط فيها التقابض في المجلس Like gold And silver and the likes of this It has to be Physical The two parties have to be present with one another In order for that to be permissible And nowadays we've got this مسألة صرف العمالات Money takes the ruling of gold Money takes the ruling of Gold So Insha'Allah I'm going to stop there anyways Anything which I have said that was wrong Or incorrect is from me a Shaytan And Allah and his messenger are free from it سبحانك اللهم بحمدك أشدو الله إله إلا الله أستغفرك واتوب إلي