 المجرد يقول أيضًا الفِضضة تُبِلْ فِضبًا الْرِبَنْ إِلَّا هَاَنْ وَهَاَنْ هَاَنْ مِنْهِا هَاَنْ now what's the إِلَّهُ there's no description this hukum which is that it's a riba we have the hukum do we have the hukum? it's a riba but do we have a description for them? a wasp the مُشْكَهِز now when I come and he's going to look at all of those which have been mentioned and he will say that the إِلَّهُ for all of them is that they are money ثماني يَن the currency money they're all the same this is called تَخِيجُ المَنَاط he brought it out he extracted it from all of that which the prophet said what they will have in common and he said that this is that is called what? it is called تَخِيجُ المَنَاط and as I said before الحُكُمُ يَدُورُ مَعِلَّتِ وُجُودًا وَعَدَمَان very good and these issues I've spoken about elsewhere in more details that was just a touch on وَكُلُ شَرْتِ اللَّازِ مُنِّ الْعَاقِدِ فِي الْبَيْعِ وَالْنِكَاحِ وَالْمَقَاصِدِ إِلَّا شُرُوطًا حَلَّلَّتْ مُحَرَّمًا وَعَكْتُهُ فَبَاطِلَاتُ فَعْلَمَا this is called عدة الشيخ رحمه الله تعالى he is talking about the issue of condition we spoke about before issue pertaining to conditions and then موانة and whatnot any condition that are in عبادات or in معاملات pay attention books of fiqh are divided into two عبادات which is the first type which is worship and معاملات which are transactions any condition a person goes into he has to any conditions it becomes lazım it becomes necessary for the other party to stick to that part he has to and there is no difference between if it's عبادة or if it's a معاملة it doesn't matter it does not matter because if Allah says in the Qur'an يا أيها الذين آمنوا أوفوا بالعقود the Prophet ﷺ said المؤمنون على شرطهم the believers are of their condition so the other party could not just say I just want to change my mind I'm out of the idea you have to stick by it you ask to what stick by it ترمي ذي نريت لن حديثة حسنون صحيح good here we have to understand something which is the conditions that enter transactions they're very important many people don't know they go into contracts with people they sign contracts and they don't know what is condition are you with me and what is a condition that is correct and is permissible and a condition which is fast it is nullified it has no basis what is the difference between the two first of all let's remember this that the conditions in the transactions they are six types six types only and I'm going to simplify them four of them are correct and two of them are void null and void and six and four of them are what correct the first condition the first type is what شرط ما هو من مقتب العقد a condition that is from the essence of the transaction it's from the essence brothers pay attention to this it's a short it's a condition and that condition is what it is from the essence of the of the of the transaction what do you mean by that for example I condition to you أحي I buy this car from you and I'll take it right now that condition was already part of the transaction it's part of the transaction he had to give you your your vehicle the car that you bought from him anyways unless he conditions to keep the car which we're going to speak about later but it's known for how long he wants to keep it for because if he doesn't tell us the time it falls under بي عثنية بي عثنية it falls and it's محرم which is just to keep somebody's stuff say أخي you know buy the car from me and I'll keep it so ambiguous I'll keep it what do you mean I'll keep it that بي عثنية is void null and void that's one the second type is called شرط ما هو من مقتب العقد so the first one before I go the first one I have to give another example because it's good and the Asian community they have this thing which is they marry a daughter to their man but they don't give her the how I go they'll keep the girl for a while and they give her later the girl if he conditions and he says in the contract of the marriage he says I'll take my wife with me tonight his mind yeah this شرط has to be fulfilled even though it's part of what even though it's من مقتب العقد it's part of the contract anyways and they had to do it regardless they had to do it anyways but he's conditioning it right now is what زيادة تأكيده he says emphasis on how number two شرط ما هو من مصلحة العقد it's a condition that is from them it's not part of the transaction but the second time it's a condition that is not from the essence of the transaction but it's from the benefits that are attached to the transaction a benefit for example if a person says to you okay I'll buy this car I'll sell this car to you but you're going to give me all the money now this is a benefit for the other person they said I don't want instalments I want you to give me the money now right now or he conditions and what does he say I want a contract for this car that is all صحيح number three is a condition which has a benefit from one of the people who is doing the transaction كأي يشتري الإنسان أن يسكن في بيتي الذي باعه لمدة أسبوعين he says أقي I will live in the house for a week or I'll drive the car for a week and then I'll give it to you so he buys the car from him but he says I will use that car for that week you allow me to benefit from your car for a week before I pass it over to you okay no problem no problem good okay is that permissible the scholars they disputed each other on this issue that حنفية and شافعية they took the view that it's not permissible and they use a lot of they use a lot of what evidences one of the evidences they use was that the Prophet ﷺ he said لا يحل الشرطن وبيعن that it is not permissible what a transaction and a condition are both not permissible نعم so they narrate they said that this حريث أبو يعله narrated in his مسند الكبير some of you might wonder and say to yourselves but مسند الكبير does أبو يعله have a مسند الكبير نعم he has two musnids he has a small one and he has a big one نعم the one that we have published today is مسند الصغير we don't have the مسند الكبير we don't have it so how did you narrate this one when it's through the واصطة of Ibn Hajar in his book المطالب العالية he mentions that and Ibn Hajar considered this حريث لا يحل الشرطن وبيعن when he brought it in his book المطالب العالية he ruled this حريث to be weak because of the chain of narration is disconnected so if the حريث is weak the arguments of the حنفية and the شافعية in this regard so we say to them إن كان الحريث ضعيفا فإن ولا يعولوا عليه if the حريث is weak we don't give a consideration the second evidence is that they brought is the حريث of عائشة which is in صحيحين بقاري and مسلم that the messenger said كل شرطن ليس في كتاب الله فوا باطلون وإن كان 100 شرطن any condition which is not in the book of Allah it is باطل it is void not avoided even if it's a hundred conditions so they said that's our evidence the second view the scholars the second view who have the second view they said أنه تصح الشرطن that condition is correct if a person sells you a car and says to you I'm going to use your car for a month or a week it's allowed it's allowed for him to say that and they said so the حريث of the حريث that you guys narrated from Abu Ya'ala and he's Muslim it's weak so you can't إن كان الحريث الضعيفة فلا يعول فإن ولا يعول عليه we don't need to look into it any rule is that you have built on this weak حريث is baseless now but the question arises is what about the حريث of عائشة that we brought so this حريث I realized so many people quoted and they don't even understand what is meant by it كل شرطن ليس في كتاب الله فوا باطلون وإن كان 100 شرطن they don't understand it so let's analyze what I said the شرطة that is باطل is the شرطة that goes against the كتاب السنة any condition which opposes the شريعة the كتاب and the سنة or a شرطة a condition that goes against the مقطو العقد the essence of the transaction for example a woman says to a man you can marry me and you can't have any intimacy with me that's شرطن باطلون because it goes against the essence of what this is a transaction which is what the marriage it goes against the مقطو العقد it goes against the essence of the marriage this شرطة is باطل now are you with me this شرطة is what باطل but a woman conditions she's conditions when you get married to me you have to take me back to my parents in the country they are at you're going to marry me but not in this country you're going to take me to that country this شرطة is in the book of Allah you're going to find anywhere in the ayah and the Quran does it go against the مقطو العقد that it opposes the كتاب and the سنة this شرطة she's allowed to do it and you can't say كل شرطة ليس في كتاب الله فوا باطل وإنكاله مئة شرطن are good good the fourth point the fourth type I said six right the fourth type the fourth type of what I only mentioned three right and I mentioned the third one which would dispute occurred so so before I go into the fourth type that those scholars who said that that that type of transaction is not allowed two evidences they've been refuted on first of all the Prophet and جابر من عبدالله جابر sold his camel to the Prophet when his camel couldn't move the messenger صلى الله عليه وسلم came and the Prophet hit his camel from the back or his riding beast and when the Prophet hit the camel from the back the camel started to run because it was very slow it couldn't walk properly the Prophet came and he hit it from the back and the camel ran and it was from the the blessings of the Messenger صلى الله عليه وسلم when the camel ran جابر said it ran in a way that it never ran before so the Messenger صلى الله عليه وسلم looked at and he said he's going to sell it to me the Messenger صلى الله عليه وسلم said to him جابر said to him no and that shows you that the صحب is when it came to business they could say yes or no to the Prophet it's their stuff it's their property so the Prophet صلى الله عليه وسلم he said one dirham and جابر and the Prophet they discussed the amount until they finally agreed on how much it's going to be جابر then looked at the Prophet he said يا رسول الله but you let me keep it until we go to Medina because my property is on it to reach Medina فشتارة احملانه he conditioned that he's riding beast the stuff that are on it are not taken from it and that it goes to Medina so when it got to Medina جابر came to the Prophet and he gave him the camel the Prophet smiled and what did the Prophet do he said يا جابر I don't want your camel and keep the money the Prophet only wanted to give him money but not in a way he felt shy also the Prophet صلى الله عليه وسلم the حريط نهن نبي you the Prophet prohibited عن الثرية the Prophet prohibited the بيع الثرية بيع الثرية we said is what it is a transaction where the person he conditions for example he says to our brother أخي I'm going to sell you my car but I'm going to keep it this is called بيع الثرية why is it called الثرية you haven't mentioned how long you're going to keep the car for when to when narrow it down because the hadith says نهن نبي صلى الله عليه وسلم عن الثرية إلا أن يعلم unless it's known so if the condition that the person stipulates on the transaction is known it's permissible so the the the the and the are refuted from that angle and that is the view that Shaykhواسم team ya strengthened إمام的 بن tradition trzeba أحمد إبنة conse TB strengthen there's a third view in this issue before I move on to the fourth point there's a third view regarding can a person can a person stipulate a condition on a transaction and is a benefit for him only one parte one party benefits from that the وفهم وطرّلهم ترفعونه وهناك مهمة و nous نفس الشغل SDM ويبنوه قيمة ويبنوه ويبنوه محمد وهناك ثلاث مهمة ثلاثة مهمة they've said it's permissible to have one condition stipulated but they said it's not permissible to be more than one ان任ired has to go above one condition and that is not permissible and that's the metability and the metability and theieme and that's the metability and the unexpl закال and they use the Hadith of the Prophet plane where he said وان يوجد أشياء لا يمكن لتأكيد من التعب with any transaction. هذا حديث يصبحت بشكل مخطر. لا تضع. المحرية is what? It is a sound. The scholars previously said to the group before. They said that the shard that is prohibited here is any shard that goes against it. نسوس الوحيين .. كتابة النسونة. It is also what goes against. يتقل مع المقتضل عكد الذي يكلم بقوة التخلص وانا أقرأ بإمكانك أن تقولوا لهم أنت لا ترى أن تفقدوا أنك إذا كنت تكلمت شديد واحد لماذا فعلت أنك قلت أنه ليس شديد واحد ليس شديد واحد أنت شديد فلستني ليس شديد فنما يصدق أنك مستمر نعم لذلك الشخص يخبرونه أنه يجب أن يقومه بشكل صحيح ويقول أنه صحيح بشكل صحيح رقم 4 رقم 4 وهي رقم 4 شرط في العملات إنه شرط الذي يحصل فيه تعليق العقدي إنه شرط إنه شرط في which the person he stipulates towards this transaction the happiness or the acceptance of another person he says to the example I will sell this product to you if my friend Zaid is pleased with it or if Zaid comes the jumhoor of the ulamah or of the view that that is permissible it is permissible sorry the jumhoor of the ulamah sorry the majority of the scholars are of the view that it's not صحيح and the reason why they say it's not صحيح is because there is not a jazm he is not saying it with conviction he is iffy about it and they said that the transaction that takes place between two parties it has to be done with what it has to be done with a jazm Shaykhul Samtemiah took that view ابن القيّم took that view and it's a rewire from Imam Ahmad ibn Hanbal and those who took that argument with them very good the fifth type is what اشتراطوا عقدين في عقدين كأن يقولها it is conditioning a transaction in another transaction you transaction in one basically what does that mean it means a person says to a person I will rent this house to you for 100 pounds 100 pounds per month for example or 500 pounds a month you can stay in my house I will rent it to you but with the conditioning you sell your car to me that is an act so the renting is an act it's a condition and then there is another transaction that you are doing with him which is what his car again this one this is a shirt which is this is a shirt which is the most I have said in my previous videos that ناها عن بيعتيني في بيعة Shaykh أللباني he added one other one other form into this which scholars disputed amongst themselves شخصان الحفوزان he adds it into this شيخ ابن عثيمين I think he adds it to any شرح الممتع I think I am not sure which is it is called somebody will say to you أخي this watch costs this much now and it costs this much later if you buy it now in cash this is how much it costs and if you buy it over 5 years in instalment there is an additional 200 pounds on it why there is what so now it costs how much 500 pounds this watch costs how much now 500 pounds give me cash right now and take it it's 500 you can't take it right now you want to take it 700 pounds give me every month 20 pounds that it falls under this حديث ناها عن بيعتيني في بيعتين and the strongest is that it is permissible that type of transaction and it is not prohibition of بيعتيني في بيعتين واحدة it is not it doesn't fall under that and inshallah it will come to the Qutub of when we come to عمضة الحكام that we're doing we'll explain it there ان شاء الله تعالى انقو كتاب أو كتاب دورة البيهية في منسائل الفقية the sixth type is called what اشتراطو امري نناقذ العقدة the sixth one is what the sixth type is what conditioning a matter which goes against what it goes against the transaction it goes against the what it nullifies it rather it nullifies it in totality for example I will sell this car to you and I will not give it to you I will sell you this car but I will never give it to you نعم that is what about if you agreed a person with a person in this if you already made that condition and does it affect your transaction you've already done it with a person you agreed to it will it harm your transaction no it won't if you've already made the transaction with a person the transaction will not be harmed and the stuff is yours that stuff is what it's yours and the condition is false it doesn't have no basis and the evidence for that is the issue of بريلا when عايشة took her as a slave بريلا was a مكتب بريلا was a slave and as I said the slave are types slave which is كلي it's all of it he's a slave there's another slave he's called مبعب partially slave two owners one owner freed him and the other owner he was holding onto him the scholars they said you shouldn't keep a slave once a person let's go and he's freed for the sake of Allah are you with me he's partially free for the sake of Allah he's been freed then you shouldn't it's like you do with Allah part is owned by he's freed for Allah and the other part is you and you're both owning together it's better you let the person go that is مبعب they said the other type is called مكتب he's a slave who the master has given him agreement that he can go and free himself let's go free yourself make money get that money and now you're free so he's out there making money he's called a مكتب بريلا she was a مكتب her master said you're free the minute you bring me money بريلا came to عائشة and she said عائشة I have been I'm a مكتب basically and my master wants money can you help me with the money عائشة said عائشة said I will buy all of you what I'll do is what I will go to the master I'll buy you fully from your master good and of course you're free you're a free woman after they let you go and your وَلَة comes to my me I have وَلَة you and I inherit you when you die بريلا went back to her master she told him her master the situation they said no tell عائشة to pay for you and buy you and the وَلَة is in our hand the prophet صلى الله عليه وسلم عائشة asked عائشة said the prophet said to عائشة don't worry what they said just buy give them the money بريلا and the وَلَة won't go to them it go to you because you're the one who freed her you're the one who freed her she's your the وَلَة is to you نعم so whether they say with their mouths or not لا اعتبار الله he has no weight based on the hadith