101- (5) Islamic Law (Fiqh) - Recipients of Khums - Sayed Mohammad Baqer Qazwini

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[0:00]audhu billahi min ash-shaytaan-i'r rajeem smell r-rahmani r-rahim al-hamdu lillahi rabbil aalameen

[0:08]o soul allahu allah sayidina muhammadin wa ala nabina Tahiry Salam alaikum

[0:14]salam wa salli ala muhammad were respected brothers and sisters assalamu alaikum

[0:20]wa rahmatullahi wa barakatuh I would like to just remind our online

[0:25]members that they can ask a question by unmuting their mic and

[0:32]any time they have questions they are free to ask in sha

[0:35]allah and be part of the class discussion one of the important

[0:40]discussions in determining the recipients of homes we know that fifty percent

[0:49]is called the share of the seeds and they are those who

[0:56]trace their lineage paternally to the family of the prophet sallallahu alayhi

[1:04]wa hao according to islamic law do we prove that someone is

[1:08]a Sayyad on page 123 of our book if you are following

[1:14]with the Arabic texts the author discusses this very important point in

[1:19]Islamic law total through Boonton nessip in order to establish lineage what

[1:23]are the Islamic ways that we can establish that sometimes we may

[1:29]not have certainty if you have certainty that determines your lineage certainty

[1:36]is always evidence today if someone's father is not known or disputed

[1:44]and you do DNA testing that determines beyond any doubt with full

[1:51]certainty that this person is your father your direct biological father that's

[1:55]a proof even if this is not mentioned in any hadith because

[2:02]back then this method was not available but since it generates certainty

[2:06]Salaam alaikum yep Deen confidence ultimate non then scholars will accept that

[2:14]but historic in most societies they did not really have that type

[2:19]of method to establish ancestry so what are the common ways the

[2:23]author says when I asked to nestle in lab in Bayonetta shyaa'n

[2:28]the first method is religious evidence what do we what do we

[2:36]mean by religious evidence whenever you hear Bailey in a shuttle a

[2:40]year in Islamic law what is meant by that any ideas what

[2:48]what is Islamic proof historically in most societies and villages what would

[2:57]be proof in court the testimony of two just witnesses in court

[3:02]any time - I did witnesses who are known to be trustworthy

[3:08]reliable not sinful they're not infallible but they don't have a life

[3:13]of sin where you can you know not trust them or distrust

[3:19]them you can trust them they're trustworthy they're reliable they're just any

[3:24]time they come to court and they witness that so-and-so person is

[3:28]a saint we know that he comes from a Sayyad family and

[3:34]we don't have reason to reject their testimony we don't have any

[3:40]reason to reject them right we don't have any conflicting evidence that

[3:44]in itself is called bayyina sharia and in an islamic court system

[3:49]or legal system it's accepted historically this was the most reliable way

[3:54]to determine subjects and rulings because in the absence of forensic science

[4:00]a lot of things had to be determined by trustworthy people so

[4:04]these people were known in their community to be reliable to be

[4:08]trustworthy they had they have a history of being just and pious

[4:15]their testimony in court would be accepted even grave crimes like acts

[4:19]of murder if two people come and they testify in court that

[4:25]ex person is the killer we saw that person with our own

[4:28]eyes and of course we don't have conflicting evidence right that flies

[4:32]in an Islamic court and it was the most practical system yes

[4:36]Aslam did put conditions for certain types of offenses for example with

[4:41]adultery too is not enough you need for just witnesses who saw

[4:48]the actual act so Bennion a shadow yeah whenever you hear that

[4:51]it means to just what this is unless it's now specified that

[4:55]two is not enough you need more so that's one way if

[4:57]we have to just pious people they come and say X percent

[5:03]comes from the bene Hashem comes from the sayeth family his father

[5:06]as I say it paternally he can trace his lineage back to

[5:11]the Prophet this person becomes eligible to receive homes that's one method

[5:21]any questions about this method yes in most Islamic countries yes it's

[5:27]still applicable if you go to court or let's say you go

[5:33]to a marriages office and to just witnesses come and say this

[5:36]person is say you do we testify and we don't have conflicting

[5:39]evidence right sometimes you have clues that could disqualify that testimony but

[5:49]if there if it's a neutral case then yes even until now

[5:53]the office of the manraja they will accept that in an Islamic

[5:56]country in the court they will also accept that yes so in

[6:08]Iran in your ID your national ID they call it oh they

[6:15]call it over there the there is kind of a law that

[6:20]you would put the word say it before your name to identify

[6:23]who's a say it and if it's a female either say you

[6:28]de fátima or fatima Sadat as they call it over there but

[6:31]not for every single family that was the case because when they

[6:34]started this whole new system some families maybe did not go and

[6:39]submit evidence so if someone does have this a it it gives

[6:43]certainty to the office of the Moraga that this person is a

[6:49]savior but if someone doesn't have it that's not evidence that they're

[6:52]not maybe they were not part of the records when they were

[6:56]making them but yes that is one way that could generate certainty

[7:01]and proof still some strict manraja may not accept that like okay

[7:05]that's a clue but that doesn't give me certainty I don't know

[7:07]who in court put that maybe you bribed somebody and they put

[7:11]that title for you I don't know just as an example so

[7:13]they'll still demand other evidence such as two witnesses the second way

[7:22]to establish that to establish any ancestry not just someone who's assayed

[7:26]any ancestry this person is this person's father hawkmail hack him whenever

[7:32]the ruler what do we mean by ruler in Islamic law jurist

[7:36]Hakim is surely the religious jurist whether it's a manager or a

[7:41]much to had a qualified juris if they issue a ruling that

[7:46]based on the evidence that I've seen this person is a Saiyan

[7:48]he comes from a sage family this person becomes eligible for homes

[7:54]so in Islamic law Hawkman Hakim is also applicable and it's it's

[8:02]acceptable number three our Shia al Mujib little ultimate none you will

[8:07]find this in a number of areas in Islamic law where this

[8:11]actually will generate a ruling for us what's at Shia alma friedlin

[8:16]ultimately not something that is so widespread so commonly known that it

[8:22]generates confidence this is the case there are some families in the

[8:28]Middle East whether in Iran or Iraq or Syria or Lebanon they

[8:33]may not have an actual family tree that you can go and

[8:38]historically verify with evidence they may not have that but this family

[8:47]is known in their society to be a sayit family such that

[8:51]it generates confidence that you can assume them to be safe in

[8:55]Islamic law this is acceptable so we do have in the seminaries

[9:02]in najaf and karbala and Forman measured families that have been historically

[9:05]known to be sayings now if you demand them evidence they probably

[9:08]cannot produce evidence like what kind of evidence do you want me

[9:11]to give you now for instance with my you know family I

[9:15]do have a family tree but a lot of seeds may not

[9:20]have a family tree that is certified and verified and you can

[9:23]go 40 generations back to the Prophet with evidence a lot of

[9:27]seeds most say it's probably cannot produce that for you but how

[9:31]do we treat them as aliens because from one generation to the

[9:34]other generation they were known and accepted to be Sayid's this was

[9:40]so well known that it generates confidence they are sayings if it

[9:46]generates such confidence then ancestry is established and they are eligible for

[9:50]the homes so this is the third method that we can establish

[9:54]ancestry any questions on that or any objections to that no the

[10:06]second one is the hakama surely the jurist for whatever evidence he

[10:09]sees he says I issue a statement or a ruling that this

[10:12]family is saying an Islamic law that's acceptable the third one we

[10:17]don't have a jurist issuing such a statement it's just well-known for

[10:23]example you go to an era and you ask the Hakim family

[10:25]who says their say it well everybody says they're saying it well

[10:30]what's the evidence we may not have evidence they'll tell you look

[10:33]my grandfather's generation and his grandfather's generation generation they knew this family

[10:37]to be saying it so we can safely assume it generates confidence

[10:43]that they were saying it because remember in the past people did

[10:46]not keep records and a lot of times with Sayid's they went

[10:49]through eras of persecution where they try to keep that low profile

[10:56]- and so maybe some families initially knew and then later on

[11:00]it you know as the situation the security situation would improve more

[11:04]and more people would know about that but as long as in

[11:09]that society it's so well known that this family is a sayit

[11:14]family in Islamic law that's good if it generates confidence yes if

[11:19]it doesn't generate confidence there is reason for you to doubt this

[11:24]widespread understanding that this family is a saying for whatever reason then

[11:28]that's fine I know you know for example in Jordan and Hejaz

[11:33]historically there were some families who were not even followers of any

[11:36]debate sometimes in order to gain prestige that from there there from

[11:43]the Hashemi family if they had political power they could make up

[11:47]the idea that their sayings and jut and order the judges to

[11:49]accept that and then over time this becomes well-known okay not their

[11:52]same family but you have reason to doubt that it doesn't give

[11:58]you confidence because there's something behind it in that case it's not

[12:01]applicable in Islamic law so it's see the author doesn't say any

[12:05]type of widespread understanding will make a person say it according to

[12:10]Islamic law it should also generate confidence you don't have reason to

[12:15]doubt it there is no counter evidence so these are basically the

[12:24]three types of ways that we through which we can establish ancestry

[12:32]yes they're not required to have documents the just witnesses can go

[12:42]and they will witness testify in court yes the judge can ask

[12:45]them on what basis are you making this testimony they could say

[12:54]we heard this from our fathers and grandfathers and we always had

[12:59]certainty about that and we are testifying that they are based on

[13:02]the confidence that we have that's fine you don't need to produce

[13:07]any physical document absolutely there are scholars of genealogy they're also usually

[13:18]consulted as well and you know if there are two witnesses who

[13:20]testify something then a scholar of genealogy comes and says you know

[13:23]I don't want to accuse them of lying but they're mistaken because

[13:29]I have evidence or confidence that that is not the case and

[13:31]they could produce the evidence see now you have conflicting reports now

[13:34]we have a way you know on how to deal with that

[13:39]but these two witnesses if there's nothing that is conflicting with their

[13:43]testimony it's accepted in an Islamic court by the way today one

[13:46]of the challenges that we have in the Middle East is sometimes

[13:50]you see an entire tribe or family suddenly becoming Sayid's and they

[13:54]tell you that you know we've investigated documents and we discovered that

[13:59]our ex grandfather was a say it was not well known back

[14:02]then but now it's well known Manoj are split on that a

[14:06]number of them have their reservations and they don't accept that for

[14:10]them that's not calm and does not generate confidence some of them

[14:14]do so it's it's it's a controversial issue in the Middle East

[14:16]it happens once in a while once in eastern Hejaz Saudi Arabia

[14:24]an entire family basically there was also a split in that family

[14:28]but many members of that family declared themselves aliens and scholars from

[14:32]Tom and Ned Jeff had to weigh in some of them were

[14:37]scholars of genealogy they doubted it it was a big big controversy

[14:40]so that sometimes does happen and you'll have different jurisprudential opinions about

[14:48]it the author says there is also one method some people have

[14:55]claimed but it's not applicable those peoples some people say well whoever

[15:00]claims to be a say it treat them as I say it

[15:06]unless you have evidence that they're not whoever says I must say

[15:08]it colors why do they say that because we have a law

[15:14]a principle assigned to say right assign it to sahaan Islamic law

[15:19]says any Muslim who's doing something any act you assume that act

[15:24]to be correct let me give you some examples let's say you

[15:29]go to someone's house the carpet was neji's either kids made it

[15:35]adjust or whatever something made it an edge 'as the owner of

[15:40]the house tells you I purified it fahara do you accept their

[15:45]claim or you have to investigate and tell them show me proof

[15:50]that you purified it correctly you accept why do you accept do

[15:53]you have and you don't have knowledge you're not sure if the

[15:56]person really purified it the Islamic way Assad let's hat I'm a

[16:03]little Muslim we have a lot that says any Muslim who says

[16:05]I did something I slaughtered the animal according to Islamic law i

[16:09]purified this I did my prayer I did my Hajj whatever it

[16:14]is any Muslim who makes that claim and we don't have evidence

[16:16]counter evidence we accept this claim this is an Islamic law some

[16:22]people try to apply it here this person saying I'm saying assume

[16:25]he is correct the author says no this doesn't fly here why

[16:33]he says this law which assumes your actions to be correct the

[16:39]benefit of it is that we cannot accuse this person of lying

[16:46]so we cannot punish him in court or penalize them for lying

[16:50]we cannot say okay maybe you have proof that you are saying

[16:55]that's fine we're not going to accuse you of lying because we

[16:58]assume you as a Muslim not to lie unless we have evidence

[17:02]of course and we won't punish you for that however the Holmes

[17:06]is an obligation that we must give to us say it you

[17:09]claiming that just does not give us such certainty and when we

[17:12]give course we need to give it to someone whom were certain

[17:14]or confident he as I say it so because we have an

[17:20]obligation here a financial obligation to relieve ourselves from this financial obligation

[17:25]we need to know that you received so your claim is not

[17:31]enough bring witnesses bring evidence yes with your own act your honor

[17:35]bada for instance what you purify and don't you don't purify we

[17:39]accept but now I have a financial obligation Islam tells me give

[17:47]this homes to its recipients I need to know that you're a

[17:50]recipient it's not enough for you just to claim it because now

[17:56]I have an obligation so you see the difference here right so

[18:00]scholars have not accepted that if you know a person comes and

[18:02]makes a claim without evidence it's not accepted yeah we don't accuse

[18:06]him of lying I will not tell him you're a liar and

[18:11]I'm going to you know have put consequences for that know you

[18:17]could be truthful but that's not evidence for me we'll talk about

[18:24]it right now so on the next page after establishing this issue

[18:30]of ancestry the author on page 124 talks about Cemil Imam and

[18:36]Sam is sad when the Imam was present in the presence of

[18:44]the Imams of elevate we see the history of the Imams the

[18:47]practice of the Imams and the hadith indicating the Imam himself would

[18:51]spend the homes as he would see fit the three shares the

[18:57]Samuel Imam got share the profit share the Iman share and the

[19:01]other three signatures for theya team the orphan the miss scheme the

[19:06]poor and emissary of the wayfarer the Imam Ali Salaam it was

[19:10]his responsibility to dispense the homes he would do as you wish

[19:13]as he saw fit or he would appoint what Kiehl's representatives to

[19:19]do that on his behalf so when the Imams present we don't

[19:22]question well on what basis are you giving the homes how much

[19:28]are you giving which share half of its Amman amount have a

[19:30]sermon the imam decides he can give it all of it to

[19:33]the side that he can do whatever he wants with it because

[19:34]he has that authority from allah subhanahu wa'ta'ala to spend the homes

[19:39]as he wishes and as he sees fit in fact the Imam

[19:45]Ali said I'm in certain periods when the persecution intensified on the

[19:49]Shia there was a year or two where the imam relinquished ah

[19:52]from pink hopes they man says this year nobody has to pick

[19:57]homes because the ambassadors are monitoring us and they're monitoring this financial

[19:59]activity if you pay home so you can get in trouble so

[20:02]the amount just lifted the homes altogether he has the right my

[20:06]mom could do whatever he wants with homes he's authorized by God

[20:09]so no discussion about his presence the discussion is Zemin in labor

[20:15]during the absence of the Imam then what happens with the homes

[20:21]this is a somewhat controversial issue because scholars have different opinions here

[20:28]and the evidence that they cite may not be so convincing to

[20:36]some even to some scholars right so now let's break it down

[20:40]sound aside the Sammy Lima the saying its share which is the

[20:44]50% of the homes that goes to their team the orphan or

[20:47]the poor or the wayfarer the majority of scholars historically have said

[20:56]you can directly give it to the say it without needing permission

[21:00]from your manager because they are the recipients of homes so if

[21:04]you know a say it family that deserves the homes you can

[21:10]directly give them the homes question 50% of the folks exactly the

[21:13]three shares which are 50% so if your homes is a thousand

[21:15]dollars five hundred dollars you don't need to go to any manager's

[21:21]office any permission you directly give it to the say it's more

[21:24]scholars have said that question why is it that in the resada

[21:27]Amalia the book of rulings of the many Mirage attorney they will

[21:35]tell you know as an obligatory precaution even Sam Masada either bring

[21:40]it to our office or get permission from us to give it

[21:48]question why what's their evidence that you have to take sin Masada

[21:52]and be authorized by the magic to give it to the family

[21:56]why can I give it to any sane family directly why do

[21:58]I need my mother's permission yes so that's the argument see we

[22:12]don't have any evidence in hadith that you have to give Sam

[22:15]Masada to the to the religious hacking we don't have such evidence

[22:19]there is no such evidence in Islamic law any hadith that says

[22:25]you have to get the permission of the Hakim so where are

[22:28]these mirage getting this ruling from the argument is as follows the

[22:32]manager is the one who best knows which families are probably saying

[22:38]it or not number two whether they deserve the homes or not

[22:43]because there are conditions for homes we'll examine them one of them

[22:47]the recipient of course must be a believer if someone's I say

[22:53]it right but they're not a follower of a debate or they're

[22:56]a calf or an atheist or whatever it is like I'm gonna

[23:02]have they don't deserve the homes the homes does not go to

[23:05]them even even there are scholarly opinions tariq assad are the one

[23:09]who does not pray is that personal recipient of course or not

[23:15]so many scholars say no now who better knows these circumstances since

[23:19]the manager says you know based on my experience I know this

[23:23]better than others get permission from me before you directly give it

[23:27]to say it family that's the argument now is that a convincing

[23:31]argument argument or not scholars have different opinions but there is no

[23:35]evidence in hadith that you have to give it to your mother

[23:40]or you get permission ijazah from your manager the original law states

[23:43]you give it to the say it as long as you believe

[23:47]they're qualified you give it to them you don't need any permission

[23:49]from anyone but the reason why some of these Menagerie are saying

[23:53]as an obligatory precaution bring it to us they just want to

[23:58]make sure that it goes to its rightful place so just just

[24:01]know the background behind that you know people did used to give

[24:11]you directly to say it or it's not really clearly known to

[24:15]us because the Holmes issue was a sensitive issue with respect to

[24:19]the Abbasid governments not many details about it are disclosed how the

[24:23]Imams dispensed it or what exactly they did but remember when the

[24:29]Imam is present when he is present the Imam Ali Salaam is

[24:33]from the Erin Bates right so he represents all sayings when he

[24:35]is present you give it to him it's clear why you need

[24:40]his permission the question is in the absence of the Imam why

[24:43]do you need the permission of the scarlet the scholar he is

[24:49]not representing all Sayid's according to hadith so why do you need

[24:52]his permission that's the arguments but when the Imams present yes he

[24:55]can demand that bring all the hoods to me I decide what

[24:58]happens to it the Imam has that right but what about the

[25:00]scholar and then of course we have the issue of what item

[25:04]50 and how much authority of the scholar has that's a different

[25:07]discussion he's one of the Said's exactly he if he is a

[25:13]savior you can follow a manager who's a chef was not necessarily

[25:15]I say it so he doesn't represent all Sayed so why do

[25:19]you have to give it to him that's the argument yes it

[25:30]has greater impact [Music] but see the argument of some people is

[25:54]that if this share is to the poor ciouds why can't I

[25:58]just give it directly I know a poor say it here or

[26:02]in Pakistan or somewhere else why can't I just give it to

[26:03]them directly why do I need to go through the layers and

[26:08]channels of representatives and managers for me just to do that that's

[26:11]kind of the argument here right yes we understand the institution of

[26:15]the maggia and the impact that it has but we're just trying

[26:18]to see technically legally what's the basis for it so there is

[26:23]no evidence from hadith that binds you to give that to the

[26:26]merger or even seek the permission of the merger but the reason

[26:28]why a number of Mirada have stipulated that condition is because they're

[26:36]they know better who deserves the homes which families really say it

[26:39]and whether they're qualified or not that's the argument first of all

[26:53]that there are exaggerations in these reports definitely but you remember sometimes

[27:06]the manager also recognizes that after him there's another merger so there

[27:15]may be some amount of money to guarantee the immediate future the

[27:18]next year the next 2-3 years for the Hausa now sometimes mismanagement

[27:24]could happen the manager dies someone comes and may somehow mishandle some

[27:29]of the funds but usually it's expected that it's transferred to the

[27:33]next manager or at least the next manager authorizes what happens to

[27:37]it so if an institution owns that money it needs permission from

[27:41]the next manager to to spend it appropriately so there's there are

[27:44]definitely exaggerations yes there is some mishandling remember it's not people are

[27:50]not infallible those who surround the merger or family members they're not

[27:54]infallible sometimes mishandling does happen it happened during the times of the

[28:00]Imams by the way though Aquila's their representatives the Imams would appoint

[28:02]sometimes it would be the case if they found the opportunity they

[28:09]would mishandle the funds in fact the whole waka fee a school

[28:13]of thought started because of this ally Abraham's elbaba and he was

[28:17]one of the top representatives of an imam al Karim Ali Sara

[28:20]when the Imam was imprisoned for years and years and he'd been

[28:26]happy Homs Alberta and he was saving the homes money and the

[28:29]religious dues in his house or somewhere so that when the Imam

[28:32]comes out he'll give it to him well Ali Mahmoud Kanaan Ali

[28:38]Salaam is martyred in the prison and even Abu Hamza vitani and

[28:40]some others realized they have massive wealth in their house in their

[28:47]homes so they had two options recognize that Imam Madhava is the

[28:50]next Imam which meant that they had to submit the funds to

[28:52]Alomar Mirada or spend it as he directs them well their Neffs

[28:59]their satanic nerves did not accept that option the next option was

[29:04]reject that there's another EEMA reject the imam of alabama rava and

[29:08]say an imam al Karim Ali sanam was the last amount and

[29:14]in fact he's that I am he disappeared and we're saving the

[29:17]money in shallow and he reappears we'll give it to him and

[29:21]they took that money for themselves they started an entire sect called

[29:25]the water fear they rejected the Imam of an imam ahmad al-hassan

[29:28]it started because of money not because they had an issue with

[29:31]the belief system no they knew everything this happened during the times

[29:36]of the Imams anemometer flashes and I'm cursed them cursed them for

[29:40]that in fact when I leave Nabi Hamza died and father a

[29:44]bit Chava narrates this he's one of the close companions of an

[29:47]imam anova and in my model I said right now when an

[29:52]even have your Hamza died right now when the Angels put him

[29:54]in his grave they asked him about the Imams he stopped at

[30:00]my father he couldn't admit I'm the Aman because the Angels would

[30:02]tell them okay you rejected al Ahmar Madhava and you must handle

[30:05]the funds and amount of a says because of that they they

[30:11]struck him the Angels right now struck him with with this lash

[30:15]made from flames his double his grave on fire in the bursa

[30:21]until the day of judgement is burning hide it from el fondo

[30:27]de manana so see even some of these were kills they betrayed

[30:31]the amounts of animal bait when it came to these funds but

[30:35]still the imam zein in salaam did you see them canceling this

[30:38]whole system of Vacarro no alabama rava Hardwicke's al imam and ask

[30:42]Ellie had Joaquin's remember life is a test sometimes things can happen

[30:47]if someone does something wrong it doesn't mean the system is invalid

[30:50]yes they should do the scholars should go out of their way

[30:55]to make sure they're dealing with trustworthy people but sometimes there are

[31:01]slips here and there weak we can never rule out so far

[31:05]but the one he displayed enmity towards a new mama Rafa see

[31:10]the hadith from the prophet who yes you mean I live nearby

[31:16]Homs Alberta any see because he displayed enmity towards the Imam we

[31:20]have hadiths that the one who has enmity towards the annual bait

[31:22]is disqualified from Shiva so it's tough but again Allah reserves the

[31:27]right to forgive whomever he wishes but it's tough that's all I

[31:33]can say he is disqualified he doesn't deserve chiffon now if Allah

[31:36]wants to out of his favor that's fine but he doesn't deserve

[31:44]chiffon so half of the homes is given directly to the say

[31:51]it's most scholars historically have said you don't need permission you can

[31:54]just give it to them now what are those Said's who are

[32:00]recipients of the homes basically the author says a lil Hodja and

[32:05]Levy I am like ma Aneta senator who's the fatir the Sayyed

[32:11]who's poor if you remember in the book of zakat we talked

[32:15]about who's poor according to Islamic law anyone who does not own

[32:19]my own at esenin what's my own at the center not salary

[32:27]exactly the expenses that you need to go by for you and

[32:30]your family if the person struggles too me too what did what

[32:36]did they say and to make ends meet if they struggle with

[32:40]that during the year then they are qualified to receive clubs so

[32:43]it doesn't have to be somebody who's homeless somebody who doesn't have

[32:46]the house somebody who's starving no these are extreme cases of poverty

[32:50]but poverty in Islamic law is anyone who struggles to make ends

[32:56]meet they deserves a cat they do good they deserve clubs you

[33:00]cannot give them from Sammy Sado we can give them you know

[33:04]zakat Sadaqat salmon Imam we can give them by the permission of

[33:11]the budget we'll talk about that yeah it needs permission from the

[33:15]manager so that's the MIS scheme what about their team the orphan

[33:19]an orphan who comes from the family of the prophet sallallaahu Ali

[33:26]is a recipient of the Holmes - Sabine today with with credit

[33:29]cards and cash and banks it's no longer really applicable but back

[33:33]then you could travel and and trips would take months sometimes you

[33:38]run out of money or there are looters on the way they

[33:42]would loot you and your Caravan so you go to a village

[33:46]you're rich in your country maybe you're fine but now you're a

[33:48]poor person you don't have any money homes is given to them

[33:52]as well if there say it's crumbs is given to them just

[33:54]like zakat would be given to the naan say it so now

[34:01]we've discussed sam asada and we mentioned that there is no evidence

[34:05]that it must be given to the merger and we mentioned why

[34:07]some Mirage I have stipulated that condition question if you have a

[34:11]relative that you must spend money on can you give them from

[34:17]your homes an example is your wife as I say you do

[34:20]let's see can you give her from homes exactly if you have

[34:31]a financial obligation to take care of the expenses of someone whether

[34:36]its son or daughter wife or parent you cannot give them from

[34:40]crimson zakat you have to give them from your own money so

[34:47]let's say your wife the shelter that she needs the clothing that

[34:50]she needs that hurt her basic expenses that she needs that cannot

[34:56]be given to her from crumbs money because you the husband you're

[35:00]obligated to provide for that so on what basis are you giving

[35:04]from homes regardless of course you have to guarantee that for her

[35:08]so it's not possible to give her the homes aunts and uncles

[35:17]because you're not required by Islamic law to spend on them they're

[35:22]not ygb enough that you can cousins but we have the parents

[35:28]and the children and their spouse it's why chip to spend on

[35:31]them so you cannot give them from your homes yes there's a

[35:38]discussion the very basic necessities for your wife you give her right

[35:43]but she still could use maybe some more money for some expenses

[35:50]that it's not watch it for you to guarantee but she still

[35:52]deserves it according to society then you can give her from that

[35:55]homes because that additional amount is not watch it for you to

[36:02]guarantee well [Laughter] see if if one day society considers having a

[36:09]smartphone as a necessity right if if it does consider it as

[36:15]a necessity then yes one would have to guarantee that yes not

[36:18]a fancy phone but but but the very minimum would would count

[36:23]yeah now let's talk about the other half which we call Sam

[36:31]le mom said Milly mom during the time of the Imam he

[36:39]does with it whatever he sees fit in the ins Amman of

[36:44]Labor what should scholars do with Samuel Imam there is no clear

[36:53]scholarly opinion about this in fact we have some scholars like Sahib

[36:57]and Haddad Sahib ahadith was one of the great scholars of the

[37:04]past he kind of did have an ax bar a school of

[37:06]thought he says I examined the scholarly opinions about salmon Imam during

[37:13]the Weber I found scholars have 14 opinions what you do with

[37:20]salmon Imam now why do we have so many opinions because from

[37:23]the hadith it's not very clear what should be done with salmon

[37:26]Imam when the Imam was present you know he would spend it

[37:31]accordingly but when he is absent what exactly is supposed to be

[37:33]done with Sammy Lima it's not that clear in fact in fact

[37:37]there were some scholars they were the very minority by the way

[37:40]they would bury the hopes they would take the money in the

[37:45]clubs they would bury it and they would say this belongs to

[37:46]the imam to the Mandi whenever he reappears and in sha soon

[37:50]let him deal with it this is a rare opinion but I'm

[37:54]just showing you the diverse range of opinions that we have some

[37:57]scholars centuries ago did believe in that especially so much bodies the

[38:01]like that's not my money now you could tell them but how

[38:05]would the amount spend is like I don't know how the Imam

[38:08]would spend it I'm not sitting in the position of the amount

[38:10]I don't know how to spend the homes and let him take

[38:12]care of it whenever here appears yes some of them would actually

[38:15]do that it's very rare like I said and you could argue

[38:19]this is a waste of resources there are poor people and you're

[38:22]burying this money yes there are problems with this view but I

[38:26]just want you to understand that there's a range of opinions and

[38:29]by the way those scholars they had a point for themselves the

[38:32]like that money is not mine it belongs to the Imam to

[38:38]the Mandi yes I represent the Imam in religious rulings by giving

[38:42]your religious rulings but how the Imam himself he'd spend it how

[38:44]do I know that I'm not going to take that responsibility so

[38:48]bury it the other scholar said look by burying it you did

[38:51]use it you're withholding it from potential projects that is a type

[38:59]of using it and in fact it's the worst type because you're

[39:02]absolutely wasting it so that opinion did not really sort of survive

[39:08]in history yes we'll talk about that we'll discuss that where it's

[39:19]bent so there are 14 opinions what exactly happens with salmon Imam

[39:22]who do you give it to some scholarly opinion was give it

[39:25]to the Said's if there are poor saying it's give it to

[39:28]the Sayid's there is a hadith that says if they say its

[39:32]share of homes is not enough to cover the Sayyed poor families

[39:34]give from Samuel Imam that's an opinion the most popular opinion is

[39:43]that the Fatih the jurist uses the homes money in order to

[39:53]satisfy an imam and Mandi in projects that he is confident Johannes

[39:56]Bahia of an imam al-mahdi such that he knows the Imam would

[40:00]authorize that the Imam a nice Arab would accept that so now

[40:05]scholars have the following priorities they say the most important priority as

[40:11]we know from the life of a debates is what Dean religion

[40:19]anything that protects religion takes religious values and teachings to the next

[40:22]generation seminaries religious schools we know that's a priority that the Imams

[40:28]of Anna Bates would definitely authorize because in their lifetime they would

[40:32]spend on these types of projects in their lifetime the amounts of

[40:38]animates gave high priority to Al and Phil spreading the knowledge of

[40:42]a little bit peace be upon them so any project an institution

[40:45]that spreads the knowledge of a debate the manager will tell you

[40:51]I have confidence this is approved by the Imam of our time

[40:53]and that's why a lot of the funds are spent where and

[40:57]seminaries on how the institution's the tens of thousands of students are

[41:01]studying the schools that they built the research projects that they find

[41:06]the books that they publish these are large-scale opera lay up large-scale

[41:11]operations and they fund it you know through homes because their argument

[41:15]is we are confident that this satisfies the Imam Mahdi's Center that's

[41:20]one priority another priority that we see from the lives of animates

[41:23]our poor families from the mean from the believers from the followers

[41:30]of a debate we know that the Imams would give them money

[41:33]and hence a part of Simon Imam is given to any poor

[41:38]family that's qualified that smart men and when we say one minute

[41:41]doesn't mean they press on at tulane and they're the highest levels

[41:45]of Iman know how Mormon as someone who's decent and a follower

[41:48]of an inmate a follower of an inmate they are recipients of

[41:52]Samuel Imam and the Imam Ali Salim Khan Arthur the the demerger

[41:56]can authorize them another example is what you mentioned see we examined

[42:01]anything that strengthens religion a message it a community center where people

[42:08]come learn supplicate pray that is an area where most manager will

[42:16]say yes that's eligible for homes and that's why most centers around

[42:18]the world Husseini as institutions they have ijazah from the merger to

[42:22]collect part of the homes hospitals humanitarian projects orphanages many of them

[42:28]are authorized by the manager because the manager tells you I have

[42:31]confidence that these humanitarian projects they satisfy the amount of my time

[42:36]and he does authorize such project they have confidence now here's the

[42:42]fundamental point and this is an area of scholarly debate can you

[42:50]you Samuel Imam directly and give it to an area where you

[42:55]are confident will satisfy the Imam of your time or you need

[42:59]to give it to your manager or get permission from your manager

[43:02]to spend it or give it to a project that he's already

[43:08]authorized he's already given his permission for do we have evidence in

[43:11]Islamic law that you have to give the hopes to the manager

[43:13]Sam aside that we talked about it what about Samuel Imam as

[43:21]their evidence clear evidence from hadith there is no clear evidence from

[43:25]hadith so why is it that the melodia tell you well you

[43:28]need to bring it to our office or at least give it

[43:30]to an authorized project you can't just give it to whatever you

[43:35]want directly that will not release you from the burden of Homs

[43:39]there are a few arguments one argument is there is a hadith

[43:42]which is a hadith by idea bin Murcia one of the companions

[43:50]of Ali Mohammed Jawad and later Imams in this hadith I'll share

[43:54]with you the text of this hadith so an imam and jawad

[44:02]alayhi salam he gives a command to the shia he says famine

[44:05]can and Oshea on means Alec whoever has these financial dues that

[44:10]they must pay such as homes sadly you silh who Allah Waikele

[44:15]let him give this homes to my Mikheil my representative let's examine

[44:27]the statement here scholars have two opinions about this statement one group

[44:31]of scholars they say when the imam is giving us an instruction

[44:34]here give the homes to my representative this applies in all eras

[44:39]during that labor who represents the imam according to the hadith that

[44:47]speak about the role of the jurist in representing the imams and

[44:51]the authority that I had him that if a key has well

[44:53]and that in the time of labor yamaraja they represent the Imams

[44:58]and the Imam says give this money to my were killed they

[45:01]are they were killed of the manager so give it to them

[45:04]or at least if you spend it make sure you're authorized by

[45:06]them that's the first argument that scholars have made have all scholars

[45:12]accepted this know why what would be a counter-argument the hadith of

[45:18]Saia who accepted Imam enjoyed says give it to my were killed

[45:22]no doubt about that but what are some counter arguments be a

[45:29]little bit more specific ok it was made at his time you

[45:37]have you have the idea directly appointed in them and monitored them

[45:51]yes so here's the idea see in this hadith of al-imam enjoy

[45:54]Italian Salaam an imam enjoyed had specifically appointed our king and he

[46:00]said give it to my walkie lou Allium named ser for example

[46:04]or someone else Salaam alaikum whereas the Mirage they are not specific

[46:09]workings of the Imams were the Imams directly upon in them they

[46:15]are general representatives and there's a difference between a specific Akhil representative

[46:19]and a general representative the hadith is about a specific Akhil that

[46:26]the imam directly appointed by name right so there's a difference here

[46:30]yes we accept Nadja do have some level of proper representation from

[46:34]the amount but not like these specific were kids so that's the

[46:37]there's a difference number two who said the manager are representatives of

[46:44]the Imams in financial matters we know that they are representatives and

[46:48]religious rulings yes we have evidence for that in tuck lead we

[46:53]talked about that in detail but what about financial obligations who says

[46:57]scholars are split on this issue have you heard of what item

[47:01]50 the authority of the jurist how much authority does a jurist

[47:05]have historically most scholars have said what we understand from hadith is

[47:09]that the scholars have this much authority they issue rulings and in

[47:14]certain cases where there is no Welli guardian they are guardians you

[47:18]have an orphan who's lost in the stream we don't even know

[47:21]who the guardians are no grandfather no father nobody who is the

[47:25]guardian of that orphan the merger and Hakim is surely he is

[47:31]their guardian as an example there is a message it that is

[47:33]a walk of it's a religious endowment you know that walks have

[47:40]Guardians they oversee them let's say there's a message it nobody is

[47:43]the guardian of it the guardian died nobody after him was designated

[47:47]to be the Guardian who becomes the guardian of that mosque for

[47:50]instance the manager the Hakim is surely the jurist as for collecting

[47:57]crumbs where do we have in the hadith that the merger is

[48:00]authorized to specifically collect the homes this is the argument of a

[48:05]number of scholars they're like so yes the manager does represent the

[48:08]Imam in certain limits but not in everything the other group of

[48:12]scholars they say no no we have our evidence that the manager

[48:17]has this general authority and he represents the Imam in a more

[48:21]general term so this issue is discussed in will I tell 50

[48:26]how much will a authority does the Fatih have does the jurist

[48:29]have depending on what the scholar believes about will I tell 50

[48:32]they'll tell you whether you have to give the home's to the

[48:38]manager the authorized or not that's that's the second argument the last

[48:43]argument before we break for Salah okay fine the current manager they're

[48:46]saying we don't have any specific evidence from hadith that we are

[48:50]to collect the homes however who knows better what satisfies the Imam

[48:56]of your time someone who studied for 50 years he knows the

[49:02]system of Imams the history of the Imams he knows what religion

[49:06]needs today right what our religious Sciences what they need who is

[49:13]able to make a judgement that's more in line with a debate

[49:20]the lay person or a manager who's closer to the teachings of

[49:24]an inmate not because he's a better person but he's more of

[49:30]an expert in that field so the manager says I am better

[49:34]equipped to make that designation and to make that judgment yes I'll

[49:38]research theoretically you should have people helping you also determine which projects

[49:44]are more important than others but the manager says the average layperson

[49:47]may not be qualified to make that judgment so when you as

[49:53]a layperson directly give your home's are you sure you relieved yourself

[49:56]from the obligation of comes and you gave it to its rightful

[49:59]recipients maybe maybe not you don't have certainty that you released yourself

[50:03]from the homes but the manager was an expert and he is

[50:10]closer to the system of any debate he may have that confidence

[50:12]or he is closer to developing that confidence so that's why you

[50:15]should give it to your manager or at least something that's authorized

[50:19]by the manager because the manager sees angles you may not see

[50:23]he's more familiar with with the Imams and their paths and their

[50:26]ways and the decisions that Imam made so that's the argument there

[50:33]what do you say very briefly before we go for Salam what

[50:36]what's your take on this which do you lean towards of course

[50:43]I'm not asking you to issue fatwas viraja are qualified but based

[50:47]on the academic discussion what would you say rationally like if you

[50:52]want to rationally and without any biases give your opinion here what

[50:57]would you say it makes sense to what to prioritize and see

[51:06]from their perspective they're better able to prioritize and see from their

[51:09]perspective any other any other thoughts give it to the experts well

[51:20]we'll discuss that in Chaves allah allah allah sayidina muhammadin wa ala

[51:24]Eponine la manana Salaam Baalak

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