100- (4) Islamic Law (Fiqh) - Specific Tahleel of Khums - Sayed Mohammad Baqer Qazwini

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[0:01]audhu billahi min ash-shaytani r-rajim bismillahi r-rahmani r-rahim al-hamdu lillahi rabbil alameen

[0:10]wa sallahu allah sayidina muhammadin wa ala nabina firing along so they

[0:16]are emanuelly muhammad respected brothers and sisters assalamualaikum warahmatullahi wabarakatuh previously we

[0:27]examined the traditions that clearly state the homes has been lifted from

[0:35]the Shia during certain periods specifically during the time of the occultation

[0:41]and Lahiya we examined the relationship between these hadith and those hadiths

[0:47]that clearly state that homes is rajim it's an obligation one important

[0:53]point that we highlighted is that a lot of these hadith which

[0:59]state that the homes has been lifted from the Shia they give

[1:07]us the reasoning behind that little Eber will add that to him

[1:11]so that the birth of the Shia can be legitimate and we

[1:13]examined how could that be applicable in what scenario in what case

[1:20]would homes have an impact on the legitimacy of the children and

[1:24]we mentioned basically the situation with those Wars that would happen at

[1:29]the time they would bring the slave girls people would buy them

[1:34]from the slave market 20% of them would not be owned they

[1:37]would be owned by the Imams and the recipients of homes and

[1:44]that's where the problem would arise so this is one way of

[1:47]examining the apparent contradiction between these two a hadith and resolving it

[1:52]any questions about that before we examine the second way to resolve

[2:00]the contradiction yes brother there are three categories three categories so the

[2:10]first category says Holmes is rajab second category says it has been

[2:14]lifted the third category is the second method that I'll discuss right

[2:17]now so the third category of hadiths are those hadith which explain

[2:28]what is it that the Imams have lifted sometimes you might have

[2:35]a general statement that something is legal its permissible then you have

[2:40]a contradictory statement that something is not permissible now apparently they contradict

[2:46]one another then you have a third statement that clarifies exactly what

[2:52]is being permitted and what's not being permitted by taking this third

[2:59]category we can basically reconcile the discrepancy or the contradiction between the

[3:07]hadith let's let's give some very basic examples let's say there's a

[3:15]hadith that says do not eat cheese we do have such hadith

[3:19]and then so what's the apparent meaning of this hadith do not

[3:26]eat cheese what's the apparent meaning of it it's prohibited it's Haram

[3:30]for instance or you know highly discouraged then you have another hadith

[3:35]that says no it's okay to eat cheese lab sub equal job

[3:38]it's okay to eat cheese now there is an apparent contradiction here

[3:44]don't eat cheese it's okay to eat cheese which is it a

[3:49]third hadith comes and says do not eat cheese by itself eat

[3:58]it with walnuts because that negative side effect of cheese is addressed

[4:05]by eating walnuts for instance you see this third category of hadith

[4:10]addresses the apparent contradiction here it tells us the hadith that said

[4:15]don't eat cheese what does it exactly mean it means don't eat

[4:18]cheese by itself but if you eat it with other foods it's

[4:22]fine like walnuts or almonds it's okay see how it resolves the

[4:29]contradiction or we have Hadees that state don't eat cheese then we

[4:33]have another hadith that states in the morning don't eat cheese which

[4:37]we do the exact opposite right it's macro in the morning to

[4:44]eat cheese it kind of weakens your intellectual capacity it has some

[4:48]effect on the mind on the brain the hadith says eat it

[4:53]at night you love eating cheese eat it at night it may

[4:56]in a few hours a couple of hours before you sleep it's

[4:58]better it helps you rest comes the body down you'll have a

[5:04]better sleep so we have this hadith that clarifies so you see

[5:08]this third category of hadith we can call it as a clarifier

[5:10]it resolves the contradiction by shedding light on both hadees the one

[5:16]that said no why is it saying no and the one that

[5:20]said yes in what context was it saying yes that's the overall

[5:26]idea let's now apply it here we have a hadith that says

[5:28]Combs has been lifted another hadith that says home says Rajab a

[5:36]third category of hadith which we mentioned last week briefly tells us

[5:42]that you Shia when you deal with other people who don't believe

[5:47]in the system of homes you do transactions with them you buy

[5:56]and sell and you're concerned that 20% of that is not yours

[6:00]that 20% in these transactions have has been lifted from you o

[6:05]Shia you're not liable for it let me share with you a

[6:11]couple of hadiths here this hadith is a more thug hadith reliable

[6:14]hadith from Eunice even yaqoob one of the companions of Alabama sod

[6:18]awfully Salam he says contendere be abdullah ali salah fader halal a

[6:24]original i was with the imam ali salaam when a man who

[6:30]was a this man came to see the Imam the college oil

[6:33]to Fedak Chaka avi adenine and one well our bar what's a

[6:38]Jerrod na Alamo and hack McAfee has a bit well Anika maka

[6:45]saloon he says some money falls in our hands through business through

[6:52]trading and we know that you have a right in this money

[6:59]you own the house of it I go in the market i

[7:00]buy something let's say you buy a mode of transportation you buy

[7:05]you buy a piece of cloth fabric well would you buy that

[7:10]fabric 20% of that fabric technically was not owned by the buyer

[7:14]because the buyer does not believe in homes and that you have

[7:19]to pay any homes we know you have a right and all

[7:21]this merchandise and all these transactions and we have fallen short in

[7:25]guaranteeing that 20% for you in guaranteeing that Huck so what do

[7:32]we do / kadhai bob de la la ma and sovnarkom in

[7:35]canonical da Lucario the Imam said it would have it would be

[7:38]unfair to burdensome for as the Imams of any debate to demand

[7:45]that from you the Shia yes the money that you make the

[7:47]profit that you make you have to pay the homes no doubt

[7:51]about that other Hadees are very clear but the money you're getting

[7:54]from other people the merchandise you're getting from other people the property

[8:00]you buy from other people yes 20% of it does not belong

[8:03]to those people because they don't pay the homes they don't observe

[8:06]the rights of the elevates and the recipients of homes we've lifted

[8:11]that from you so this lifting of homes according to this third

[8:17]category is there a general lifting or a specific restricted lifting what

[8:22]type of Talon is it what type of lifting of homes it's

[8:30]specific specific to what scenario - what case exactly something gets in

[8:40]your hands from others who don't believe in homes they don't see

[8:44]that there's a right in their property but you know 20% of

[8:50]it is not theirs that 20% has been lifted from you they

[8:53]mom says you know that person doesn't pay their homes they sold

[8:57]you something 20% is this does not belong to them but it's

[8:59]ok you don't have to bring this 20% to us that would

[9:03]be too burdensome on yoshiya so the lifting here the tally Lear's

[9:08]costs at specific this third category of hadith basically resolves the contradiction

[9:13]between the two so all those Hadees that we talked about the

[9:15]Imams have lifted the homes lifted the homes lifted the homes what

[9:18]in what scenario are they examining this particular scenario a second example

[9:31]we have a hadith from ABI Salama salim abbud Mukarram and his

[9:37]Kunia his title was abou Khadija and Abby Abdullah Ali Saleh from

[9:42]Le Monde acidophilus una Bala Rajan Carla who rajulun wanna have ER

[9:46]hann lia luge fifa's abu abdullah halasana a man came to alabama

[9:58]sadiq ali salaam abou hadiya's narrating that man said to the imam

[10:03]ali's ram something which was shocking which the amana listen i've showed

[10:07]you know a strong reaction to he told him hey Lily illusion

[10:11]basically make women lawful for me it since it's an Arabic expression

[10:18]he literally said make the private parts lawful for me which means

[10:21]make women lawful for me so an imam ali salam he showed

[10:28]a very strong reaction focal allahu he said to him they say

[10:32]as a luca and the eternal of belief he's not asking you

[10:36]to give him fatwa permission for him to go and harass a

[10:39]woman and rape her or claim her as his lawful woman no

[10:43]that's not what he means so what did he mean by saying

[10:48]that in America Hodja banished Oh Emma attend yet azza wajal ah

[10:53]Oh Mira 'then you see bow how to gelatin O'Shea and Appa

[10:59]he's asking you that if he for instance buys a maid right

[11:04]it was common in the past for him to go to the

[11:05]slave market and buy a slave girl a maid when he buys

[11:11]her 20% does not belong to him so basically this woman is

[11:17]not lawful to him she's had on to him because he doesn't

[11:21]fully owns the right to be with her 20% of it belongs

[11:25]to the Imam and the recipients of homes so he tells them

[11:28]give me the helia the permissibility so i can do that or

[11:34]i can marry a woman and pay her the dowry the maha

[11:36]and the Mahad would be for instance you know lawful because I

[11:40]get money from all sorts of people and they don't observe the

[11:43]homes you see what this man had in mind the Imam Ali

[11:49]Sonam states Haddad is she a Tina Halong we've made this Haddad

[11:52]for our shyah shyah drew normal life those who are present at

[11:57]the at that time and those who will come in different generations

[11:59]what may it's been home well hi the dead and their life

[12:02]what my unit minimum Alya Monty Amman and all the shares that

[12:07]will be more until the day of judgement we've made this halal

[12:09]see the statement that the am I making this harlot is exactly

[12:16]the scenario that those hadeeth have made halal that we talk with

[12:20]that we discussed in our previous class so this third category is

[12:23]shedding like shedding light on what's being Khaled what's being made hala

[12:27]you go to the market you buy something you know that the

[12:32]Imam has a right in it so you're concerned about that the

[12:34]Imam says it's okay you're off the hook any question about this

[12:44]third category of hadiths yes exactly you go and buy let's say

[12:56]something from Walmart right 20% of what you're buying from Walmart technically

[13:03]does not belong to you or Walmart it belongs to who technically

[13:10]originally in Islamic law who does it belong to the Imam and

[13:13]the recipients of combs okay so now that you bought this thing

[13:19]from Walmart this product can you use it because 20% of it

[13:22]is not yours how can you lawfully use it whether its food

[13:25]whether it's clothes whether it's anything technically initially you cannot according to

[13:31]Islamic law you can't use it because you don't own 20% of

[13:33]it right now imagine if life was that way you couldn't use

[13:38]it so the Imam says okay I relinquish my right and I

[13:43]lift the burden of the huns from this category but your own

[13:47]income that you make and the profits that you make at the

[13:49]end of the year after accounting for all expenses no that's a

[13:53]different story that you have to pay home son so this is

[13:56]the third category of hadiths that we have which explains what is

[13:59]being lifted is that clear any questions on this third category of

[14:05]hadith or is it clear do you have any objections to their

[14:10]way the scholars have basically examined all these hadith because I'll be

[14:14]very honest with you today there's a lot of misconceptions there are

[14:18]strong voices out there in society stating that Holmes has been lifted

[14:23]it's these mirage and scholars who are inventing this chrome system the

[14:26]imam made it had on the scholars making it logic this is

[14:32]growing so if you're not convinced if you find the way scholars

[14:35]have examined these hadees problematic let's discuss it i am open to

[14:40]that so we examine three categories of hadiths one that says homs

[14:44]is rajab and the imams were strict about it one that says

[14:47]clubs has been lifted number three these specific hadith which explain what

[14:55]is being lifted and remember the point that we mentioned last time

[14:58]many of those had needs that about the homes being lifted they

[15:03]give us the reasoning behind it and the logic behind it so

[15:05]that the birth of the Shia would be legitimate and we examined

[15:10]what that has to do with horse so this is basically the

[15:12]summary of the discussion that scholars are examining do you find this

[15:16]objectionable is this acceptable do you have any other perspective about it

[15:21]yes I'll get to you yes whether they are similar but remember

[15:33]the those hadith that state homes has been lifted they're more general

[15:38]in their tone so someone could get the impression that the amount

[15:42]was completely lifting homes what's special about this category that we just

[15:47]discussed the third category it tells us specifically what's being lifted what

[15:53]kind of right is being lifted here that's what's unique about this

[15:58]so yeah it is similar to those other categories but the scope

[16:01]of it is more limited and when you have a limited scope

[16:06]it it tells you that general statement what did it mean like

[16:13]the example that we gave about cheese right yes brother no they

[16:18]do believe income so we examine that last year they just believe

[16:22]they have a different perspective on the scope of homes so they

[16:26]believe in war spoils and treasures found under the ground in certain

[16:31]categories they do believe in the homes but they believe that the

[16:35]income that you make and the surplus that you have yeah that's

[16:40]not applicable to homes so this is where we disagree otherwise they

[16:43]believe incomes what's their basis for rejecting that well we examined that

[16:52]last year this type of course was pretty much clarified and explained

[16:55]by later Imams during the time of the Prophet sallallahu alayhi wa

[16:58]knew there were certain reasons why the Prophet may not have fully

[17:05]demanded the Muslims to pay this type of homes and hence they

[17:07]don't recognize of course the authority of later Imams so that's why

[17:10]they don't have it and we examined we examine what those reasons

[17:13]are why the profit you know he wasn't aggressive with collecting that

[17:17]type of combs yes brother originally yes before the Tehillim homes yes

[17:33]because 20 yeah anything anything you gain 20 percent of it belongs

[17:38]to who these six categories Allah the Prophet the Imams their team

[17:42]the miskeen they having a semi when you buy something when you

[17:47]get something from Walmart is that again or no the money that

[17:51]you used to buy is that again or no see walmart gained

[17:57]that product okay it was a game for them the owner of

[18:00]Walmart they're selling you let's say you're buying a shirt from Walmart

[18:04]that shirt was it a game full warm Walmart when they owned

[18:09]it was it as having a NEMA for the owner of Walmart

[18:12]or no did they benefit by acquiring that or the money they

[18:21]had to buy that shirt was it a game for them one

[18:23]day of course it was they might lose of course generally speaking

[18:30]but that merchandise that's in their hands right now is a game

[18:33]something they did not have one day and then they got it

[18:37]they acquired it the fact that it's again means twenty percent of

[18:40]it had to be given to the recipients of course so when

[18:44]Walmart is selling you that piece of cloth that sure they technically

[18:48]don't own all of it they only own 80 percent of it

[18:53]now you get this from Walmart what happens to that 20 percent

[18:56]originally technically you should give it to the recipients of combs but

[19:00]the Imam says in this hadith this is too difficult for the

[19:05]Shia to observe so I've lifted them so all these ideas that

[19:08]talk about homes being lifted they're examining this category it's it's these

[19:13]it's this specific situation they're talking about where someone doesn't believe in

[19:17]the system of combs they don't observe that right you get something

[19:19]from them yes the Imam says it's okay you don't have to

[19:23]pay that close you don't have to pay so it's not a

[19:25]general lifting of comes where all homes is lifted it's a particular

[19:30]type of lifting Delisle class well is a Tylenol Minh that's the

[19:38]idea here any other objections to this way that the scholars have

[19:49]gathered these hadith yes of course if you buy anything you don't

[19:55]wear it you don't use it for a full year or until

[19:59]your home's here comes you have to pay homes on it absolutely

[20:01]on that day of your homes here you estimate the market value

[20:06]of that shirt if it's a you know a secondhand shirt obviously

[20:10]the value of it is much less you estimate it and you

[20:12]pay the twenty percent of its value yes yes or you did

[20:22]wear it once and then a full year passed and you did

[20:27]not use it so it's no longer an expense for that year

[20:30]if your full year passed and you did not use it therefore

[20:34]in that case you would have to pay the homes of its

[20:36]value we have two scenarios here one you buy a shirt right

[20:42]you buy shoes you buy a pair of shoes or you buy

[20:46]a shirt you never touch it you never wear it not for

[20:48]any occasion just stays in your closet your home's deadline comes your

[20:54]homes here comes you have to pay the homes of that shirt

[20:56]why because you never used it so it's not an expense it's

[21:01]not an expense for that particular year okay the second scenario you

[21:06]did buy that shirt you wore at once then you throw it

[21:08]in your closet for a full year you did not use it

[21:12]because you did not use it for a full year technically it

[21:17]did not become an expense for that year so you have to

[21:19]be the focus of it we did we talked about this in

[21:25]detail we can discuss the details of that yes we did discuss

[21:34]that last year if some see if I bought something not with

[21:39]them hmmm s money if it's some some best money we don't

[21:41]have a problem with that you've already paid the funds it has

[21:46]to be an expense in order for you not to pay home

[21:48]sonic has to be an expense well how does it become an

[21:53]expense you have to wear it in that year if one year

[21:55]passes I own something which I never paid home son and I

[22:00]never used it it's not my expense so I have to pay

[22:03]home Sonny because it's not a Mona it's not an expense why

[22:06]would I not pay hopes on it yeah that was for that

[22:12]year not the new year I wore it last year so last

[22:14]year I don't have to pick homes because it was an expense

[22:18]but this new year I also have to wear it again in

[22:22]order for it to be considered and an expense so I don't

[22:24]have to pay home Sonny but if a full year passes in

[22:28]the new year and I don't wear it I don't use it

[22:32]it's not an expense so I own something that's not an expense

[22:35]and I've never paid come son I have to pay horse on

[22:39]it see all the lots of course are applicable here why do

[22:42]you want to exclude it what would exclude it from that because

[22:45]the only thing that we have that excludes something makes homes exempt

[22:54]is the moanin an expense last year this was an expense not

[22:57]this year do you say this year this is one of my

[23:00]expenses I tell you to touch it this year how is that

[23:03]an expense this year you never used it how is that an

[23:05]expense if it is not an expense you pick home son so

[23:11]yes anything you own if a full year passes on it and

[23:14]you don't use it not even once you are liable to pay

[23:18]home son if you have pairs of pairs of shoes I know

[23:23]this is something sister struggle with a full year passes you never

[23:26]paid home saw you you never used it it's not an expense

[23:30]so you pay the homes of its current value and estimate what

[23:32]the value is if you donated that year you don't have to

[23:42]pay close on it it's no longer yours okay well we did

[23:48]discuss this last year it does have a value but it's but

[23:54]it's a lot less let's say the market value of it maybe

[23:57]ten dollars right you could sell it maybe for ten dollars or

[24:02]it does have some market value it's not zero I'm sure if

[24:04]you were to sell it somewhere there were there are people who

[24:08]you could how much can you sell it on eBay if you

[24:11]want it to five cents obviously not let's say you bought a

[24:15]pair of shoes that's worth $100 and it's pretty new or in

[24:22]in perfect condition right now if you wanted to sell it on

[24:24]eBay can you sell it for $20 so can you sell it

[24:30]for $20 as an example that's the market value of it you

[24:36]have to estimate how much can you possibly sell it for yes

[24:40]Alma Raja are in agreement about that now let's say if the

[24:47]market value of it is $20 so what's 20% of that four

[24:49]dollars four dollars you pay $4 S comes for them for those

[24:57]pairs for that pair of shoes and in our example yes there

[25:04]is no set time it just has to be considered and expense

[25:07]if you just try and get on in front of the mirror

[25:12]that's not an expense that's not an expense it has to be

[25:15]a legitimate expense or let's say someday the brother comes out he

[25:21]takes out his suit and he's sitting at the dinner table with

[25:23]his family with a suit how maybe what do you what are

[25:26]you doing today I'm using the suit so I don't pay home

[25:28]Sonny that's not legitimate we discussed this last year why because that's

[25:33]not a real that's not a real usage that's if that's a

[25:37]superficial usage yes if there was a wedding there was a program

[25:42]and you used it for that people say okay the guy used

[25:44]this suit at this program that's fine that's a valid you but

[25:49]for you just to wear it in your home so you can

[25:52]evade homes that doesn't work yes brother [Music] yeah we mentioned that

[26:00]of course if you've already paid the homes before that does not

[26:08]apply yes yes she has to pay the homes of it of

[26:18]course no not ten times just once you pay the homes on

[26:23]it and that's it and then you can keep it for 20

[26:27]years yeah if the value of it goes higher so you make

[26:29]a new gain which is unlikely because what's close it's very rare

[26:35]that their value goes up right so if they pay that if

[26:36]you pay the home's once on it that's it you paid the

[26:40]home son yeah you'll be paid the homes on it you could

[26:41]keep it for another 50 years no problem but the question was

[26:46]you never paid from Sonic you used it the first year in

[26:51]your wedding you used it so as an expense you didn't have

[26:52]to pay homes on it but the second year a full year

[26:57]pass you never used it yeah so the sisters have to you

[27:00]know with their wedding dress after the wedding if there's no usage

[27:06]of it you know even if friends borrowing it or your whatever

[27:10]it is you have to pay clips on it sure yeah so

[27:13]that year of the wedding she doesn't have to pay homes on

[27:16]it because it was an expense but this new year you own

[27:22]a $5,000 dress so let's say your wedding was 2018 fine in

[27:25]2018 you use this dress you don't have to pay homes on

[27:30]the value of it in 2019 did you use that dress no

[27:34]so I have to be a course on it you can do

[27:44]that just to be confident but remember the brother one of the

[27:49]brothers mentioned something very important last year this whole system of calculating

[27:52]for the homes makes us responsible a lot of times we don't

[27:58]know what we buy what we spend what's necessary what's not necessary

[28:01]at least comes makes you conscious of your spending so it just

[28:07]encourages you to keep a record of what you're buying what you're

[28:11]using because you will realize that a lot of the things you're

[28:14]using are waste are a waste and do we really want to

[28:19]be wasteful in our spending so there's a good side to it

[28:25]actually one final point about this discussion let's say we could not

[28:31]come to a conclusion about these conflicting narrations that one hadith says

[28:38]come says yj1 hadith says Holmes has lifted we could not figure

[28:43]out how to resolve the contradiction what happens those of you who

[28:48]remember legal theory what do we do in this case we have

[28:50]two contradictory hadiths let's say we could not figure out a way

[28:53]to reconcile between them what happens yes right so both of them

[29:03]are no longer applicable to a lava to socket ah so if

[29:06]both narrations are no longer applicable what do we do what's the

[29:13]next step before we go to any law we have a verse

[29:21]in the Quran we go back to the verse of course those

[29:26]hadiths that state homes is wajib in this particular situation the Imams

[29:31]were strict okay that hadith it's just no longer applicable because of

[29:38]the contradiction and the hadith that says Homs has been lifted it's

[29:42]no longer applicable so we don't have any hadith to clarify we

[29:44]go back to the general statement in the Quran which says calms

[29:47]is mandatory so what's the result here you have to pay for

[29:59]any questions taxes are part of your expenses if you pay two

[30:06]thousand dollars in taxes this year Homs is not applicable on the

[30:11]taxes consider that is that as an expense what's left over after

[30:15]taxes is what you have to pay from so on yes if

[30:20]you pay it to a nonprofit organization yes you can also get

[30:25]a write-off for it too Oh each country has its own tax

[30:45]laws there is no country that does not charge taxes believe me

[30:54]not on planet earth but in respect to what she said let's

[31:08]say you host a base by cosmos and then he went off

[31:11]on your taxes technically in just save yourself some money on your

[31:15]tax expense don't you know you have to pay homes on the

[31:19]savings of what you did because I have if it is a

[31:20]profit at the end of the year then yes because doesn't put

[31:27]his home son his taxes the reason why is because now he

[31:32]paints humus but then now for the next year his expenses will

[31:37]be higher as deductible for his tax return so now he has

[31:40]to pay the 20% of the savings of opinion taxes so he

[31:46]chooses not to put it but what stain what's the but what's

[31:49]the I'm not my question is not the logic of the taxes

[31:53]but Homa see so this year I have to be five dollars

[31:57]a night let's say that's your Klumps us five thousand okay but

[32:04]then I'm gonna tax savings so that reduces from your expenses then

[32:15]right yes you do if it's for that current year yes you

[32:24]do because now you thought your expenses were let's say thirty thousand

[32:28]dollars this year after after doing that you discovered no in fact

[32:32]my expenses were less than that because I got it you have

[32:36]to pay that difference the homes on that difference yes yes that

[32:40]is the case yes that is the case now with that we

[32:45]conclude the discussion on the tally love homes the next discussion is

[32:49]on page 100 22 of our book if you don't have the

[32:51]book you can see us later and get a copy of the

[32:55]book must often homes we've talked about the homes the laws of

[33:02]homes the details surrounding it how is this homes spent con le

[33:07]ma most radical Islam in one hadith that the author mentions in

[33:11]examining this verse the homes verse which we examined last year while

[33:18]I was an imagined him to mention know that everything you gain

[33:22]you have to give 20% of it to these six categories the

[33:28]Quran mentions six categories for a nearly logical Musa one share belongs

[33:34]to Allah one out of six one or Masood number two the

[33:37]prophet sallallaahu Holly well he has a share well is in araba

[33:41]they can the relatives of the Prophet who are the relatives of

[33:47]the Prophet according to our school of thought they are little bait

[33:50]peace be upon them and then we also have Hadees that tell

[33:53]us exactly who they are that's the third share the fourth one

[33:59]well yatama the orphans the fifth share while misaki those who are

[34:07]poor the sixth and the last one one is Sabine the Wayfarer

[34:09]the one who goes to another town he's traveling he loses his

[34:15]money or he runs out of money the Emmanuel in Salaam clearly

[34:19]examines who these are the first three is for Allah the prophet

[34:24]and the Imam then we have the three other categories well yatama

[34:32]the Imam says these aren't just any orphans the orphans who come

[34:36]from the family of the prophet sallallahu alayhi wa the misaki and

[34:41]the poor who come from the family of the Prophet and the

[34:45]ebon is Sabine who comes from the family of the Prophet so

[34:47]the amount makes it very clear that these categories have to be

[34:52]from the family of the Prophet sallallahu aleyhi one now the first

[34:56]three gods share the profit share and the Imams share what do

[35:00]we call it salmon the Imams here why do we call it

[35:06]the Imams here when you have God share and the Prophet share

[35:09]why because the Imam inherits those two shares during the time of

[35:15]the Prophet who would be authorized to spend a last year the

[35:20]Prophet himself because he represents God after the Prophet who represented him

[35:26]in that regard the Imam Ali Salaam so that's why we call

[35:31]it the Imam share it's it's basically a combination of these three

[35:33]shares God the prophet and the Imam then we have these last

[35:39]three shares the orphan the poor and impetus Amin we call this

[35:42]salmon sad they say its sheer why is it called to say

[35:47]it's year because they are from the family of the prophet sallallahu

[35:51]alayhi wa so let's examine this in some detail yes so 50%

[36:00]of it is the amount share 50% of it is for the

[36:03]sales now why is it if you remember from last year why

[36:08]is it that allah subhanho wa taala why did he give the

[36:14]prophets family this year to compensate for what for there's a cot

[36:18]because there's a cot the mandatory charity the prophet's family is denied

[36:22]from taking it why in honor of the prophets or Allah Allah

[36:25]Allah did not want the relatives of the Prophet or the progeny

[36:31]of the Prophet you know to go there and beg for the

[36:33]charity or to be given their zakat the watch of charity Allah

[36:38]wanted to honor the prophet so he honored his progeny Allah made

[36:41]it Haram for any say it to take any zakat money so

[36:46]how do you compensate that because there are people from the prophet's

[36:49]family who are poor or who might struggle financially allah subhanaw taala

[36:54]gives them set masada the share of the Sayid's that's how a

[37:00]last panel to allah compensates them so we have a hadith from

[37:03]an imam sadiq ali salam the author mentions that on page 123

[37:05]in which he clearly examines that in imagine allah who had them

[37:11]homes Lahore Allah has made homes only for the Sayid's why dunamis

[37:15]a Kenan a co Abner Sibylla him I love Allah Holman sadaqat

[37:19]on us to compensate them because they are not allowed to take

[37:25]watch of sadaqa to take zakat and then he examines that this

[37:28]is an this is a way that a last panel Tata honors

[37:33]the Prophet with now who are the family of the Prophet the

[37:38]man and Salaam mentions Benoit Abdul Muttalib the progeny of Abdul Muttalib

[37:45]men and women they deserve this share now the Imam also makes

[37:54]it clear that this ancestry in determining homes is a paternal system

[37:59]not a maternal system so you have to have a father who's

[38:06]they say it in order for you to qualify to receive the

[38:09]homes but if the father is not a say it the mother

[38:13]is a Sayeda she can receive it because she's a saviour she

[38:15]comes from the prophet's family but not her children so this law

[38:19]of the homes in the hadith of Evelyn Masada kalyanam it's passed

[38:23]down through paternal ancestry not maternal ancestry yes no no no we're

[38:29]not talking about a man I'm saying or a scholar we're talking

[38:31]about anyone who comes from the line of Abdul Mutallab this includes

[38:38]who who are the sons of Abdul Muttalib who had progeny in

[38:43]history Abdullah the father of the Prophet so anyone who comes from

[38:47]the progeny of the Prophet obviously Abu Talib the father of Imam

[38:52]Ali anyone who comes from the sons of Abu Talib whether it's

[38:54]Imam Ali or Jaffa or attain their descendants they are qualified to

[39:00]receive the homes who else do we have a bus a bus

[39:05]also as the uncle of the Prophet he comes from the line

[39:11]of Benny Hashem so his descendants are also qualified to receive the

[39:15]homes so Benny la bas by the way they are qualified to

[39:17]receive the homes according to Islamic law if they meet the requirements

[39:21]of course because we shall examine there are conditions who else by

[39:24]the way which are call of the Prophet the Quran cursed Abu

[39:30]Lahab Abu Dhabi also comes from the prophet's family now he was

[39:33]a kaffir so he's denied homes but let's say Abu Lahab has

[39:35]children progeny who were believers and they're poor they do deserve the

[39:42]homes so anyone who comes from the line of Hashim Abdul Muttalib

[39:46]is qualified to receive the homes according to this hadith from an

[39:50]imam sadiq ali sena any questions on that now the next discussion

[39:58]that we'll have is the following how do you establish that someone

[40:01]is si it how do we verify that how do you know

[40:05]this person belongs to this family what are the Islamic ways to

[40:08]examine that that's number one number two the homes that you give

[40:15]to the say it does it have to be by the permission

[40:17]of your merger or no the homes that you give to your

[40:23]merger do you have to give it to your mother or you

[40:27]can spend it directly that's something we'll examine we'll look at the

[40:33]evidence that scholars have mentioned in binding their followers to give the

[40:38]homes to the merger or at least seek permission from the MEP

[40:41]job or spend it somewhere where the merger has authorized them to

[40:47]take homes is there any basis for this or no or you

[40:49]can directly spend the funds I don't need to go through my

[40:52]managers office to spend the homes what is the evidence behind that

[40:55]this is something we will examine in detail inshallah any final quick

[41:01]questions before we break for Salah if there's a cat it's 2.5

[41:07]percent how does God compensate 20 percent we addressed this last year

[41:14]very briefly there are ways of addressing it the homes is called

[41:19]20 percent it's called 20 percent but after factoring in the expenses

[41:23]that you use during the year at the end of the year

[41:28]practically how much are you paying in homes about two to three

[41:30]percent not more and we gave the example let's say you made

[41:33]$100,000 are you paying 20 percent on that of course not you

[41:40]factor in all of your spending all of your spending your bills

[41:44]your travels vacations food lodging whatever whatever expenses let's say after all

[41:51]of that you're left with how much ninety thousand dollars you spent

[41:54]ninety you're left with ten at the end of the year you

[41:59]have ten that you did not use what's the haunts of 10

[42:02]mm what's 2,000 out of a hundred thousand two percent that's not

[42:06]more than there's a cots really so that's one way of examining

[42:10]it number two remember not all the horses going to the say

[42:15]it's what half is going where the Imams show em I'm sure

[42:18]is spent on what projects so Rhea and reality from that 2

[42:24]percent 1 percent is going to the seeds so what they're getting

[42:26]from the homes might be even less than what they would were

[42:30]to get from zakat possibly we'll examine that of course not any

[42:37]sayin you know say it who's wealthy is not eligible for Clemson

[42:43]oh so la da da da da Mohammad a alia by honey

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100- (4) Islamic Law (Fiqh) - Specific Tahleel of Khums - Sayed Mohammad Baqer Qazwini

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