 وَأَقُولُ فِي القُرْآنِ مَا جَاءَتْ بِيهِ أَيَاتُوْهُ فَهُوَ الْكَارِيمُ الْمُنْزَالُوْ وَأَقُولُ قَالَ اللَّهُ جَلَّ جَلَالُوْهُ وَالْمُصْطَافَ الْهَاديِ وَلَا أَتْ أَوْوَالُوْ الحمد لله رب العالمين له الحمد الحسن والثناء الجميل وأشد أن لا إله إلا الله وحده لا شريك له وأشد أن سيدنا ونبينا محمد صلى الله عليه وعليه وعلى آله وأصحابه والتابعين لهم بحسان إلى يوم الدين أما بعد في اليوم إن شاء الله تعالى سشل في سلسلة أخرى حيث نحن نتحدث عن أحكام الكسب رولين بحيث نحن اليوم إن شاء الله تعالى اليوم حلقة اليوم سرية أو اليوم مجموعة أريد أن أتحدث عن أحكام الأشياء الإسلامية أحكام الأشياء الإسلامية البويوع المنهي وعنها شرعا الموضوع التي أخبرت أن أتحدث عن ذلك لأن أحكام الأشياء الإسلامية أحكام الأشياء الإسلامية نعرف it it's easy it can be spoken about then what is permissible what is allowed is far greater and bigger than that which isn't allowed so wisdom calls to speaking about that which is restricted and limited and to discuss that what does the word what is the definition of because that's the term that we're speaking about so what is the word and so today I might be slightly technical but we need this in order to speak about other type of transactions that are done in our modern time that people do and use and if you don't understand these principles and you don't comprehend it properly we will struggle to agree on those rulings later Insha'Allah so this is principles that will aid you and support you in any type of transaction that you're ever going to do today you're going to learn why is it haram but again principles and principles are what you bring back everything else to so you might have one principle and under that might fall under it maybe even a hundred types of sword a hundred different forms of buying and selling might fall under that one principle okay so what is the word البيعو البيعو it means as الامام النووي رحمه الله the great Shafiq scholar this great Shafiq jurist said he said البيعو نقل الملكي إلى الغير بثمانين و الشراء قبوله نووي رحمه الله he said بيعو means to pass over it is to pass over it is to give to another individual the ownership of something with a price that's what بيعو means it's to what it is to pass over that which you own it's yours you own it and you're passing it over to someone and it's based on a price meaning you give me this much money and this is the product that you want و الشراء قبوله نووي explained what the word شراء means شراء is the one who is accepting it and the بيع is the one who is selling it and they are slightly interchangeably used so بيعو means to sell your ownership of something you're giving it to someone else on a price and الشراء means it's to accept it that's the statement of نووي رحمه الله and we're going to take that even though there are other definitions out there but we will just take this one for now إن شاء الله what is the wisdom second point so the first point was the definition of البيع we know what the definition of البيع means right the second point حكمة البيع what is the wisdom in البيع what is the wisdom in البيع our religion what you have to understand is there are wisdoms not wisdom but wisdoms plural in legislations nothing is legislated without a wisdom everything Allah legislated سبحانه وتعالى there is a wisdom behind it and sometimes we know what the wisdom is and sometimes we don't know what the wisdom is and because we don't know the wisdom it doesn't mean there is no there is no wisdom so we know the wisdom in the legislation of البيع there are over 60 plus wisdoms in buying and selling one or two two إن شاء الله the first one is everyone is in need of what is in the possession of someone else we need that which is in someone else's hand and Islam allowed us to take the ownership of that thing in that person's hand without force or humiliation force is robbing the person from it and humiliation is begging for it so Islam legislated a third option without force being involved and without any humiliation being involved you can take the ownership of this thing and that is why الله تعالى يسأل in the ayah يا أيها الذين أامنوا those of you who believe لا تأكلوا أموالكم do not eat each other's wealths بينكم بالباطل don't take and consume one another's wealth one another's belongings and justly إلا أن تكون تجارة and let it is a business based on mutual consent إلا أن تكون تجارة عن تراب منكم I said that's better because taking it from someone forcefully it goes against mutual consent and also humiliating yourself it doesn't come with the form of mutual consent because no one likes to humiliate themselves so the Sharia has set bay for that wisdom I can take what is in your hand without me forcing it take to take it out of your hand and without me having to humiliate myself I buy it from you with honour that's the first wisdom and before I move on to the second one some scholars they wrote books on that first wisdom like The Great Indian Scholar شاه وليو الله دهلوي رحمه الله he has a kitab called حجت الله المالغة شاه وليو الله دهلوي The Great Indian Scholar he mentioned a chapter in where he speaks about محاسم الإسلام the excellence of Islam and how Islam is for every time and every place and in every situation Islam and in there he mentions how Islam has brought about good in terms of buying and selling and he speaks about it there and also The Great Hanafi Scholar البخاري والحنفي not an Imam al-Bukhari but another Imam who is from the same land as an Imam al-Bukhari who was a Hanafi Scholar he also speaks about it this falls under the محاسم الإسلام the second wisdom of why الإسلام لجسلated buying and selling is it can be a means to enter paradise buying and selling it's a means to enter Jannah if the individual who is involved in the trade has an intention and his intention is to uplift harm and hardship from others it's a means to enter Jannah and it falls under the hadith of من نفس عم مؤمن كربة من كورة بالدنيا نفص الله عنه كربة من كورة بيوم القيامة والله في عون العبد ما كان العبد في عون أخي The Prophet said anyone who relieves from a Muslim hardship of this worldly life Allah will relieve from you the hardship of the day of judgment the day of resurrection Allah will relieve from you the hardship and the burdens of that day because you uplifted from a human what? you uplifted from a human a hardship that they were going through and if you come with that intention when you're buying and you're selling you can actually get rewarded for it and it can be a means to Jannah especially if you have the quality of an individual who is lenient and generous in your buying and selling ولذلك ألمام البخاري ورحمه الله The Great Imam whose book we consider to be the most authentic book after the Quran he has a chaptering in his صحيح and he said بابه السهولة والسماحة في الشراء والبيع Chapter one should be lenient and generous when buying and selling and ألمام البخاري says بابه the chapter السهولة والسماحة في الشراء والبيع being lenient and generous when buying and selling that one should try to be lenient and generous when buying and selling and ألمام البخاري under that chapter he brought the statement of the prophet صلى الله عليه وسلم where the prophet said may Allah have mercy upon one سمحا إذا باع وإذا الشراء وإذا قطضا may Allah have mercy upon a person who is lenient in the buying and he buys and he takes he is lenient or when he is selling sorry when he is selling he is lenient when he is buying and he is taking a product from someone and even when he is demanding for his wealth he is borrowed a people money when he asks for it he makes sure that he is also lenient and generous he gives people a longer time وذلك ألمام البخاري he chapted another chapter in صحيح where he chapted it and he called it the chapter of who allows time for the one who is burdened in other words you gave wealth to someone and so then what you do is you say to the individual give it to me when you can I will not burden you for it and ألمام البخاري you straight after that when did he bring he brought the story of the man the prophet said there was a man there was a merchant he used to lend money to the people فإذا رأى مُعْسِرًا and whenever he saw his debtor the person who took the money and the wealth from him when he saw him he was strained and it was hard on him to pay back and in circumstances he wasn't as good what he would say is فإذا رأى مُعْسِرًا قال لي فيتياني he would say to his slaves let go of this person تجاوز عنه let go of him leave him there may be a possibility لعل الله أن يتجاوز عنه الله may forgive us let this man go his situation isn't bright he doesn't have the wealth to pay us back now let's leave him الله may let us go in the day of judgment فتجاوز الله عنه and the narration mentions so Allah forgave him so this man through his بيع because we're going to learn about borrowing people's money he earned a place in jannah and Allah forgave him so don't belittle your buying and your selling the prophet said when he buys he's just a simple person وإذا اشترى وإذا اقتضى and when he sells he's a simple person and when he borrows he's a simple person and when he gives back wealth he's also a simple person he's just an easygoing person he's not a complicated person this is a means to jannah okay it's a what it's a means to jannah when he brought this he mentioned a benefit I liked about this man who used to borrow who used to lend money to the people he mentions that some of the narrations know that this man never did any other good except this no other good he did never did this man come with any other good some of the narrations mentioned except this and ابن حجر حما الله and he said the following he said and the hadith in this chapter and the one before that he said small good big intention a lot of your sins and your shortcoming might be forgiven for you so this is the second wisdom in why bay'a was legislated because it can be a means for you to enter jannah and Allah mentioned in the Quran the one who is simple when he lends money to others Allah said about him that one should try if he borrows people wealth and he gives them money that he looks at the easy way for people now we're going to go into the third point what was the first point that we spoke about the definition of the second point that we're going to speak about is sorry the second point that we spoke about was the wisdom of bay'a there are more than that but I only stuck with those two now I'm going to go into the third one which is a ruling of what's the ruling of is it permissible or not it's unanimously agreed upon principle in our religion if you open a thick book today if you open a thick book today and you want to study thick you will realize that the scholars categorize the thick books into two chapters and if we break it down we can say four chapters but if we bring it together we can say two chapters what are the two chapters عبادات the first chapter of thick books are all عبادات so they talk about at-tahara first and the reason why they talk about at-tahara is because the chapter after that is going to be what الصلاة the chapter after at-tahara is what it is and the صلاة cannot be done unless you're in a state of purity so it became a necessity for them to discuss at-tahara so that's why they bring at-tahara in there and then within at-tahara they start with the chapter of water because the thing that you purify yourself first of all is with what it's water so the scholars they put this down in the sequence for a reason and then once you study at-tahara what do you go to you go to الصلاة and then you go to الصوم you see عبادات is what it is over the four pillars of Islam the pillars of harmony لا إله إلا الله is studying in the توحيد so they're bringing in thick books they speak about the four pillars of Islam الصلاة is at-tahara but before صلاة they had to mention at-tahara because صلاة cannot be done without at-tahara so those are the five chapters that you take in what in عبادات the scholars they then unanimously agreed upon that عبادة الأصل في العبادات المنع that the default position regarding عبادات is that you can't do anything unless it's prescribed unless the legislator الله عزي و جل and his messenger they prescribe for you meaning you can't do anything in صلاة صلاة you can't unless you have what unless you have a deal unless you have a what unless you have an evidence for it are we all together and then the second chapter that starts the second book that starts after that is called المعاملات if you worship Allah your relation with Allah has become strong and you come with عبادة what's the second thing that you need to have relation with the with the people and the scholars then unanimously agreed that المعاملات its default position is permissibility الأصل في المعاملات الجواز عما الإباحة that the default position when it comes to معاملات is that it's permissible unless there comes an evidence that proves otherwise if we find two people here they are discussing a transaction they are discussing a type of transaction the one on the right is saying it's permissible and the one on the left is saying what it's not permissible it's impermissible who needs to provide the evidence the one who is saying is what it's impermissible because the one who is saying it's permissible is upon the default position he doesn't have to provide evidence because every type of transaction by default it is permissible until proven what until proven otherwise are we all together which is what the أصولين call بقاء مكان على مكان it's the default position so what we say here is buying and selling the ruling for it is that it's permissible and it's allowed unless there comes an evidence that doesn't allow it so this قاعدة you need to know it ولذلك الشيخ الإسلامي بن تيميه فإن المسلمين إذا تعاقد بينهم عقودا ولم يكونوا يعلمون لا تحليمها ولا تحليلهم فإن الفقاء جميعهم فيما أعلمه يصحقونها شيخ الإسلامي تيميه said what I just mentioned that if the Muslims are having or the Muslims are doing a type of transaction a type of buying and selling the Muslims are doing it and they don't know whether it's حلالة حرام they don't know the فقاها the jurists all of them they permit that transaction because they hold that the default position is that every type of transaction is permissible until proven otherwise are we all together and the evidence for that is the evidence for that is الرباء وأحل الله البيع وحرام الرباء وأحل الله البيع الله permitted البيع the word وأحل الله البيع there is a dispute amongst the and even the the grammarians what is the meaning of وأحل الله البيع is it does it mean all of the types of البيع are permissible or is it not that which we hold is that this البيع is عام مخصوص it is general البيع meaning all of the types of buying and selling are permissible except the ones that we are going to mention today these are the only ones that go out any other buying and selling is what it is permissible the ones that we are going to mention today what took it out is external evidences okay so this is called what عام المخصوص الله تبارك وتعالى he permitted all types of البيع also the prophet صلى الله عليه وسلم he said البيع and the seller have the option to cancel or to confirm a type of transaction that again shows us buying and selling is what that it's permissible we've now spoken about the third pillar I'm at the third point how many points did we mention the definition of البيع the second one was what the wisdom of buying and selling we also spoke about the ruling of buying and selling what is the ruling permissibility until proven now now I'm going to go into fourth point which is البيع buying and selling stand on pillars particular pillars the pillars that they stand on are three pillars buying and selling stand on how many pillars stands on three pillars the first pillar is اصيغة اصيغة means the manner where people are buying and selling from one another the manner for instance say to the person I sell this product to you and the other person is saying I accept وَلَهُفُقَهَا كُولَ الْإِجَابُ وَالْقَبُولَ buying and someone is saying I've accepted from what you've given to me just like marrying a woman the willy and the girls guardian will say to the man I will marry you off to my daughter فُلَانَ بِنْتِ فُلَا and I'm going to marry you off to her with these conditions that you her diary is this much and he says things and then he says to the individual اقبِلتَ did you accept what I just said and the person says what قبِلتُ I accept وَلِدَالِقَبُ مَرِجْ فُلْزَ عَنْدَ مُعَمَلَتَ the type of transaction so there's a اصيغة okay there's a what there's a صيغة a way that it's done the second pillar is العقيدان العقيدان are the two parties the two parties and the two parties are the two individuals the one who's buying and the one who's selling the one who's buying and the one who's selling there are conditions also place for them they have to be both same okay they have to reach age of puberty and the other person has to be pleased with taking the transaction and the other they have to be pleased with each other okay again there's exceptions that can happen here like can a little child go and buy milk for his mom or sugar from the corner shop is it accepted or not that's not what we're talking about now that is permissible and also can a transaction happen if a court see the obligation that a particular individual is not paying his debt and he has the money and he's choosing not to pay that some of his products get taken from him forcefully and then the court sell his product okay and then the money that's made it's paid from towards the people that he's taken the wealth from is this transaction done is it permissible because this person wasn't pleased with his car being sold or his again of course it is the consensus of the scholars but again we're not talking about that today the third pillar is the one we're going to focus on today which is المعقود عليه المعقود عليه is the item which is traded the item and the product which is traded for example the money for our product this is the one that we're going to focus on today the third pillar we're not going to talk about the first two ones and how they work we are going to focus on the item that's going to be sold is it حلال or is it حرام okay we're going to be talking about what the selling and the buying is happening on this is what we want to speak about in today we'll be able to finish it all today we might have to finish it off insha'Allah next week insha'Allah another point that I want to mention before I go in and that is ruling on studying this is the fifth point right this is the fifth point this is the fourth one the the first one was the definition the second one was the wisdom the third one was the ruling and the fourth one was the pillars the fifth one now is the ruling on studying بايع the scholars they mentioned studying بايع is not obligatory individual obligation I'm referring to it is not فرضوعين what is it احكام البايع learning it is فرضوع كفاية generally speaking unless the person goes forward and wants to buy and sell that it becomes an individual obligation originally we won't say to every individual you have to learn احكام البايع no but if the person goes forward and he wants to do a business and he wants to sell then he becomes an individual obligation with he or she و لذلك الامام النووي رحمه الله he transmitted the statement which are the two of the of the of the when he transmitted the statement he brought the statement and he said that it's حرام for a person to go forward in buying and selling إلا بعد معرفة شروطه except after learning the conditions for buying and selling you have to know the shروط you need to know the prerequisites و لذلك when did he say he said في الديني عمر رضي الله عنو يقول except one who has understanding of the religion and he's referring to this this particular chapter of بايع don't come to our markets and try to sell and to buy if you don't know the احكام البايع و عمر رضي الله عنو he said that person will fall into the riba whether he likes it or not if you don't learn the احكام البايع you will fall into the riba whether you like it or not and some people they say brother I did this business trading for a long time my intention was good I didn't intend to be evil what should I do in this situation the قائد according to the scholars is و حسن المقصد لا يبرل سؤال فعل a good intention does not rectify an evil and evil action and remember that principle حسن المقصد a good intention does not justify and it cannot rectify an evil action so sometimes you tend to see a person who has a business and is built an empire not just that he's got companies now and the company is floating on the riba now what can he do he didn't intend evil but right now this business can't just carry on in the شريعة there has to be some way to rectify it something has to be done here so before you go forward in buying and selling learn the احكام البايع learn at least the basics learn at least what at least the basics and if you are suffering from comprehending it you have on your board a person of great knowledge who can be referred to a person that can be what you can refer to and you can question and you can ask because what you tend to find is people they have an advisory board members who they go back to when they want to invest in a particular venture they have advisers they go back to and they question them and they look at the profit margin and they come back to them and say yep it's good invest and this is the turnover you're going to get this is the gross profit this is the net profit the same thing is what you need when it comes to what the حلال المحرم now I'm going to move on to the topic now those five were just their introduction now we're going to go into الموضوع we're now going to go into the body the discussion which is what are the prohibited elements in Islamic finance I don't think I will be able to do all of it as I said I'm going to do some and I'm going to leave the rest for for next week but I reassure you all if you understand this class and next week's class if you understand it properly never hear that حرام will not leave what I mentioned today it goes under one of these okay prohibited types of trading are five any type of baye any type of transaction that you hear this is حرام the فقاسي this bay is حرام it goes back to one of these five and there is no other one that can be added to it okay the first one is something that is impermissible and it's حرام in and within itself this thing itself is حرام and I'll give you good examples for it Insha'Allah just first of all write all the five and then we're going to go over each and every one of those five the first thing is that which is حرام and it's حرام بأعيان this thing itself is حرام you're not allowed to buy it or sell it and those are six things they what six things that are حرام to buy and sell itself alcohol pig corpse and animal that wasn't slaughtered properly to sell it or buy it idols dog and blood each one we're going to stand over and take the rulings and the discussions regarding it so point number one is what things that are حرام they are حرام in and within themselves and there are six things that the Sharia I mentioned the first one is alcohol whether you both agree with one another whether you're both happy with each other whether it doesn't matter the thing itself is حرام you can't trade this it's one alcohol two it's a pig three corpse and the corpse we call it an animal that did not get a شرعي slaughtered okay the fourth one is idols you can't sell or buy idols and we're going to talk about how Harry Potter and all of that fall under there for number five dogs you can't buy or sell a dog what about if the dog is a trained dog and I need it for my farm we'll come to that and number six is blood does hijama fall under there we'll come to that as well these six are حرام in and within themselves you can't buy or sell the second thing the second thing is the presence of ambiguity the reason why it's حرام is the presence of ambiguity this trading was made حرام not because this thing is حرام no no nothing wrong with the thing the thing is good but there's ambiguity in it is what the foqa has called بيع الغرر بيع بيع الغرر and we'll speak about that number three is a bay which is a bay that has in it وجد فيه الغرر there is harm in it this type of transaction brings about harm what does that mean can you give examples we'll come to that each one we're going to stand over this one is وجود الغرر the reason why it's حرام is because there's what there's harm present number four is that which has in it ربا or it leads to ربا it has a ربا in it or it's going to what lead to ربا and we'll speak about what that means insha'Allah the fifth and final one is something that the بيع is حرام because of the place and time maybe after the adhan of جمعة or place meaning in the masjid you can't buy yourself we'll come to those examples as well in great details any type of بيع that is محرم that is منهي عنها it falls under one of those five okay so let's go over the first two today and we'll leave the rest for the next week so let's take the first one which is the product is prohibited in its essence so number one is what the product and the item is prohibited in its essence and how many of them are they there are six let's stand over the evidence for each one this one is alcohol and it's also dead animals and pigs and idols the prophet SAW حديث حديث جابر and الإمام البخاري and Muslim both narrated جابر said this was in the year of the conquest of Makkah إن الله ورسوله وحرم بيع الخبري الله and his messenger they prohibited what they prohibited the trade of alcohol والميتة and dead animals a dead animal is that which has not been slaughtered in the way that the sharia are prohibited permitted sorry and the way that the sharia are sanctioned in that manner we consider that to be a dead animal or a person cut a portion a part of the animal whilst the animal was alive and then the animal died from that that piece of meat that was cut from the animal even if the animal didn't die it's still considered to be what حرام the prophet SAW that which has been cut from the animal whilst it was alive it is considered to be what a corpse or a dead animal's meat you're not allowed to do that so خمر the prophet mentioned it in that hadith the second thing that the prophet mentioned here in this hadith is what dead animals the third thing that the prophet mentioned in this hadith was والخيمزير and the khimزير and the khimزير is the pig the prophet prohibited it SAW والأصنام and the prophet SAW what did he prohibit the idols فقيلة يا رسول الله the prophet he was then asked يا رسول الله يا رسول الله what about what about the the fat that's taken from the dead animal what about that why did the sahabas asked that فقيلة يوطلع بها سفل because they use the fat of the animals to grease their boats they use it for the greasing of the of the boat so we won't eat it but all we want to do is grease it with the boat if you use it for other things and also people use it for lights they make candles out of it فقال له ويستصبح بها الناس فقال لا the prophet said they're not going to just eat it even other ways of benefiting from it the prophet said and then he said قاتل الله اليهودة may Allah's curse be upon the Jews when Allah has forbidden it when Allah has prohibited it from the Jews and made it illegal for them the dead corpse and the meat was made haram from them جملوه what they did was they melted it ثم باعوه فقلوا تمانه and then they sold it in a market and the money that they used to benefit from it in another way it was made haram from them and they left it but what they did was so they melted the fat they took it to the market they sold it they made money out of it because when something is made haram from you إن الله إذا حرم شيء إن الله إذا حرم شيء and if Allah prohibits something from you حرمة حرمة منه also what is made haram from you the money that can be made out of it it's made haram from you and it's also what the ayah وعلى الذين هادو حرمنا عليهم كلذي ظفر ومن البقر والغنم حرمنا عليهم شهومهم إلا ما حملت بورومة أو الحواية أو مختلطة أو مختلطة بيعظم the ayah mentions it as well also ابن القيم said something very powerful regarding his hadith he said these words of the prophet meaning prohibiting the alcohol the pig the corpse and the idols ابن القيم said something very powerful he said the prohibiting of these things it consists of على تحريب ثلاثة أجنس they are three types of categories from this hadith what we take from it is the things that are prohibited the reason why they are prohibited is because they fall under three types of categories which is what شارب تفسد العقول substance that you take that harm your brain alcohol ومطاعم تفسد الطبع and also food that harms your natural disposition which is the pig they say that it can harm a person's natural disposition واعيان تفسد الأديانة and also what things that harm your religion like idols you buy it, you give it to someone else they are going to buy it and it is going to harm their religion وَتَدُرْعُ الْفِتْنَةِ وَشِرْكِ and it calls to trials and disbelief and politicism so this hadith showed us the reason why these things were prohibited is because of one of these three they are either going to harm your what أقل or they are going to harm your natural disposition your فطرة or they are going to harm your what your religion and the deen came to protect all of those and nowadays what falls under this what falls under this that harms people's religion is books that have inside it magic and sorcery which people buy and they read even if it is a story book even if it is a novel it falls under it you name these books movies that people watch that they download and they watch and it has sorcery and magic buying and selling that falls under it falls under the asnam the idols because because of a reason مشتركة which is shared between both which is they both are وَتَدُرْعُ الْفِتْنَةِ وَشِرْكِ also what is prohibited is the blood the blood is what is also prohibited the prophet the prophet he prohibited the blood and you are not allowed to buy and sell blood but there is two types of blood that are permissible based on the hadith of the prophet وحلت لنا ميتتاني two corpse are allowed for us ودماني and two types of blood are permissible for us فأم الميتتاني as for the two types of corpse that are permissible فالحوط والجرات the two types of dead meat which is permissible for us is the locus and the fish وأم الدماني as for the two blood فالكابيد وطحال it is the liver and the spleen those two types of blood and also are permissible أبو عبيد which is a great scholar he added under the blood the hijama the money that's made from the hijama أبو عبيد قاسم السلام he said the hijama the blood that's made from it he said it falls under the prohibitions of selling blood he said that لكن عبد الله عباس جمهور العلمة the overwhelming majority of scholars they prove otherwise and they don't accept that concept which is the message a man he did for the prophet and the prophet paid the man he paid him so that's also not a strong opinion but what a person should leave off is making it a job it's preferred to leave it off as a job as a profession making the hijama a profession it's best to not do that as a profession and it's also not good to set a price for it what is good is that whatever the person can give you take it but this doesn't fall under the prohibition of the blood it doesn't fall under the prohibition of the blood also what is prohibited is dogs a dog is not allowed the evidence for that is the Hadith of Abu Juhayfa the Hadith of Abu Juhayfa which is narrated in Sunnah Sahih Al-Bukhari that the Prophet ﷺ he prohibited the Prophet ﷺ from taking the dog the Prophet he forbade the acceptance of the price for a dog with the blood as well the Hadith mentions both of them now the scholars they disputed amongst themselves is it for the every type of dog or is it a specific type of dog what about if I have a farm and I need a trained dog the trained dog of course he goes through a training process a person exerts efforts to teach the dog and they want to charge for it is it allowed and the Imam he says he says the Hadith shows from the apparent that it is any type of dog because the Prophet didn't say accept this dog and the fact that the Prophet left it general means every single type of dog is not allowed to be brought or sold okay but what about if I really need it أحمل مدهب as ابن قدامة سيد لا يختلف المدهب وفي أن البيع الكلبي باطل أي كلبي كالع ابن قدامة he said he said there's no difference of opinion that the buying and the selling of the dog is batil wherever that dog may be whether it be a trained dog or not it doesn't matter ولا غيرهما فإن ضر إليه but if a person is in a state of necessity I need this dog I need this dog I need it I need it I need it I need it I need it I need it I need it I need it I need it and I can't find anyone giving me this dog just like that someone is saying I'll give you the dog for a price فإن ضر إليه and there's a necessity you need it ولم يجد من يوطيه إياه فالهبتياعه you're allowed to buy it you're allowed to و هو حلائل but it's حلال فهو للمشتري حرام على البائع لماذا؟ كالرشوهي، لذا كان جميل و that this is similar to a person who's a product at his property has been taken oppressively someones got your land or they got your house okay and they say if you want it back, just give me some money I'll give it to you and you have to pray bribery to get your own rights back are you allowed to do that not really they say you can إنه موضوع لا أستطيع أن أعطيه أخر إلا أني يجب أن أعطيه موضوع لكي أصدقائي لكن موضوع أنه موضوع that's been taken from me unjustly أستطيع أن أعطيه إذا كنت أحب my way through it أنت تستطيع أن أعطيه موضوع أنت أو شيء that's been taken from me لكن who is your haram for the one who's taking the money the one who's giving it is not haram for him he said it's the same when it comes to the dog it is what? it is same when it comes to the dog وكفيداء الأسيلي ومصانعات الظاليمي ولا فرقة and it's also like taking a captive from the people who are they taken a person a captive are you allowed to buy and sell a person you're not allowed to but here you have to just buy someone to bring back their freedom because they've been taken oppressively he said that it's not haram for the one who's buying the person to make him free but it is haram for the person who's selling it let's move on to the second thing we've mentioned the first type which was what? things that are haram in and within themselves those were the six now we're going to go into بيع الغرر the presence of ambiguity and we're going to conclude with this one the Prophet ﷺ prohibited based on the Hadith of Abu Huraira the Hadith of Abu Huraira states أن النبي ﷺ نهى عن بيع الغرر the Prophet ﷺ he prohibited بيع الغرر that the Prophet forbade the transaction which involves ambiguity ambiguous what does it mean بيع الغرر الإمام الخطابي ورحمه الله سلم سنن he said he says the foundation of ambiguity بيع الغرر is when its knowledge is covered and it's in a reality and secrets are hidden you're buying something you don't know the reality of this thing someone is trying to hide something from you and they're giving it to you which nowadays is very common when you go to a shop especially me when I go to shops and I want to buy books the books are in covers and you say to the owner can I open it because sometimes what happens to the books is there are 5-6 pages which are saved or pages which are missing from the book which is a publication mistake or sometimes the book is upside down what am I going to say sometimes you see these things and I've even bought a book which it was all black the 100 something pages were all black so when I went home it was all black so the owner I have the rights to say can I open it when I'm buying okay I have the rights to say I want to see what it is شيخ الإسلام من تيميا he defined الغرر as what when the ending is unknown you don't know what this thing is going to lead to he said that in his Kitab قوائد النورانية and he's but here we have an issue I want to buy a house okay and the house is built and of course I don't know the building and the foundation and the bottom foundation of the building and I don't know how it was built from can I say destroy this whole building so I can see what's under so I know it indeed can I say that شيخ الإسلام من القيب رحمه الله he said كل غرر سببا لك تحريف not every type of ambiguity is haram والغرر إذا كان يسيرا if the ambiguity is simple it's something very easy أو لا يمكن الإحتراز منه or it's impossible for the person to go out of it meaning a person can't say to you okay I'll show you the foundation of this building he can't because this thing is going to get destroyed and his wealth is going to get destroyed this does not prevent the fact of the validity of the contract so sometimes there is what is known as غررون يسير there is a what غررون يسير which is there is a small portion of ambiguity now I'm going to mention examples of ambiguous transaction A that which falls and the ambiguous buying and selling is بيع ما ليس عندك selling that which you do not have you are selling that which does not belong to you حديث حكيم ابن حزام which which he narrated he said and the prophet he prohibited me from selling what was not with me the prophet prohibited me to sell that which is not with me so you're selling something to a person and you do not have it you're going to buy it later brothers the principles is what I want you to understand later we're going to talk about the basics online trading all of these things are going to come but first of all I want these principles to be understood and how they apply on our modern day buying and selling so when the class finish don't interrogate me with questions I just want to now put down the principles everything is coming it is going to come I promise you guys let's first of all understand these and he said what I want from it is selling what is not yours you don't have it and why do I keep mentioning the تبويبات of المام البخاري بابو بخاري made a chaptering because بخاري's فق is in his chapterings when I say to you بخاري this is the opinion of المام البخاري now we all together the second type of the ambiguous trading or the ambiguous transaction is selling a product before possessing it and there's a difference between the first one and the second one the first one is you don't want to it at all it's not yours اصلا like in this one you own it but it's about to come to you it's yours you bought it but it hasn't been placed under your what under your possession it's on its way it's about to come the delivery people haven't brought it to you you're selling it what are you doing you're selling that which you haven't got in under your possession المام البخاري رحمه الله narrated on the authority of ibn umar that the prophet صلى الله عليه وسلم he said the following he said the buyer of food stuff should not sell it before it has been measured for him meaning don't sell something unless you've brought it into your شلطة unless you brought it into your possession is this only specific to food because the narration said عبد العباسل he said عبد العباسل he said I consider that all types of trading should be done similarly it's just not food it can be cars it can be phones it can be electronics it can be anything if you've bought something but it hasn't been brought under your possession don't sell it unless it's under your possession okay but the question here is what is possession what does it mean under my possession what we say is مسألة القبن because this is the issue that فقها discuss that's under your possession what does it mean this is what goes back to the عرف والعرف معموله به وَرَدْ رُكْمُمْ مِنَشْرَأِشْرِيفِ لَمْيُحَدْ the concept of what makes something under your possession it goes back to what it goes back to عرف the custom of the people the custom of the the people nowadays we have storages warehouse basket online goes into your basket this is the عرف that we understand it of possession are we all together brothers there's a حديث I want to mention which is عبدالله بعمر he said I brought Oliver عبدالله بعمر I brought Oliver في الماكد فلما استوجبته لنفسه فأردت وأن أضرب على يده فأخذ رجل من خلفي بذراعي فلتفد too عبدالله بعمر he said I brought Oliver عبدالله بعمر when I became its owner now it's mine I brought it before I can depart and I can leave I'm standing where I brought it I'm still in the place I'm still in the market a man a man saw me and offered a good profit for it maybe if عبدالله بعمر walked away from the place but this man couldn't be bothered to go and buy it he said to him I'll give you something better for it how much is it cost I'll give you you got it for that much I'll give you this much he told عبدالله بعمر رضي الله عنه a good price for it عبدالله بعمر he wanted to buy sell it to the man as I was willing to sell it فأخذ رجل من خلفي بذراعي a man grabbed me by the hand here or here and he grabbed me and he said to me لا تبيعه don't sell it like that and I looked فإذا هو زي دبنو ثابت the noble companion he said to me لا تبيعه you sell it where you brought it حتى تحرزه إلى رحلك until you bring it to your possession فإن رسول الله صلى الله عليه وسلم because the Prophet prohibited and the Prophet prohibited that you buy something and you sell it on the same place that you brought it حتى يحرزه until you take it back to your until you take it back to your house why عبد الامن عباس explain صحيح مسلم when he was asked about the student why he said no allowed he brought it he said it's a problem لا تراهم يتباعون بذهب وطعام مرجأة do you not see that when this person this individual buys a product for a hundred he is standing somewhere someone sold it to him for a hundred and then he says to the individual he takes a product without leaving the place someone else comes and gives it to him for a hundred and twenty it's similar for a person who took a hundred for a hundred and twenty who changed a hundred to a what because he had a hundred in the beginning and he left with what one hundred and twenty in one place but it's similar to so and then they can sell it the third that falls under is selling a product which is not clear it's not clear and it's what's referred to as and and and is that a person sells is when a person sells something which is completely unknown for example a person will say the crops of my garden or my farm is yours for the following years to come years to come but what is this land going to produce what is it going to be like no one knows is making an unexpected unknown prediction for example a person says to you I will sell my car to you however I will use it and he doesn't state for how long he's going to use it will stop there I think this one needs more explanations and our minds have slightly become fried with these points so Insha'Allah will go back to the third point which is selling the type of what it means anything that I have said that was incorrect سبحانك اللهم أشهد أن لا إله إلا الله استغفرك وأتوب إليك