143- (5) Islamic Law (Fiqh) - Transactions of Children - Sayed Mohammad Baqer Qazwini

29 المشاهدات· 24/07/19

Al-Hujjah Islamic Seminary
1 مشتركين

في محاضرات

Islamic Law (Fiqh) 04, offered in 2020-2021, is now available to take online at Al-Hujjah Islamic Seminary. The first five classes are available to view as a demo to get an idea of how the course is instructed. To register for this class, see all class videos, and take the exams, visit hujjahseminary.com. For any questions, email us at [email protected]

أظهر المزيد

Transcript

[0:29]we continue our examination of how islamic laws impact minors in our

[0:36]discussion tonight on page 59 of the book the author discusses the

[0:41]ibadat of the sabi the acts of worship of a child who

[0:46]is not badr do we recognize these acts of worship as valid

[0:56]acts of worship meaning that the child when he prays or she

[1:02]prays is that an actual prayer or no the hadiths that we

[1:08]have that command parents to teach children how to pray it's only

[1:11]the tamarin just for practice so they get the hang of it

[1:16]they get familiar with it and when they become valid they know

[1:20]how to properly pray which is it scholars are split on this

[1:24]issue one group of scholars they state that this is just tamreen

[1:31]a child who's not balik there's no tech leaf on the child

[1:35]so it does not even make any sense it does not make

[1:42]any sense for the child to offer a valid prayer when there

[1:49]is absolutely no obligation on the child so anything that the child

[1:55]does is what is just practice so if you have a child

[1:59]who prays for instance that salah is not a salah you can't

[2:03]pray jama'a behind him he's just you know practicing that's one group

[2:09]of scholars another school another school of scholars another group of scholars

[2:19]they say no the acts of worship of a child are shari

[2:23]they are completely valid if the child is mumeyes he knows he's

[2:28]old enough to know what he's doing he understands that this is

[2:33]a prayer that you're dedicating this to allah wa ta'ala then this

[2:38]is a valid prayer just like the prayer of an adult what's

[2:43]different a child who's 10 11 but mumayas let's say and he's

[2:50]praying what's the difference between his prayer and one who's 15 if

[2:53]they both have the intellectual maturity to know what salah is so

[3:00]this is the second group of scholars they believe that the acts

[3:04]of worship of a minor of a child are valid acts of

[3:10]worship what do they do with hadith we have a number of

[3:18]narrations that state that the pen has been lifted from children the

[3:24]pen of tequila this is just a symbolic way of saying that

[3:29]there's no obligation on them nothing's being recorded for them or against

[3:33]them so the second group of scholars they're challenged with these hadiths

[3:41]if you say that children and minors can offer a valid salah

[3:47]it's a salah then that means there's some sort of taclife on

[3:51]them whereas the hadith of lifting the pen indicates there is no

[3:55]tech leaf on them nothing they're just like an object from a

[3:59]taklif perspective their response to this is that when the prophet salallahu

[4:09]alaihi states the pen has been lifted from the child what exactly

[4:16]is being lifted see the hadith says something's lifted from the child

[4:22]the pen is lifted something's not being written what is it that

[4:26]the hadith is negating what's not being written is it their sense

[4:33]yes you have the right idea scholars say that which is being

[4:43]lifted in those hadiths is to hold them accountable for mistakes or

[4:52]sins or wrongdoings allah basically saying in these hadiths through the prophet

[4:57]and the imams i'm not going to write any sin for them

[4:59]if they're not bothered yet maybe they'll lie they'll cheat they'll do

[5:04]some things wrong but i will not record that as a sin

[5:07]against them that's what's being lifted in these hadiths but if the

[5:13]child is doing a good act like ibada like praying like fasting

[5:18]why don't we consider it a bad these hadiths are not lifting

[5:24]the ibadah from a child and saying a child is like an

[5:26]object a wall he can't even offer a valid prayer no because

[5:30]ibada is good in itself and the child has the intellectual maturity

[5:36]to know what the acts of worship are in this case we

[5:42]consider the ibaadat of the sabi to be a valid ibadah and

[5:47]what's being lifted is accountability that's what's being lifted not the ibadah

[5:54]itself it's not these hadiths are not saying that the child is

[5:59]like a dead person nothing can come from them no if it's

[6:05]a good deed allah will write the good deed for the child

[6:08]allah will reward the child for offering that good deed yes if

[6:12]the child skips the obligation doesn't pray does it fast there's no

[6:15]consequences for the child that's what the hadith of means any questions

[6:23]on that one he so so the fatwa of many many of

[6:34]the maraja today most of them is that yes it is prayer

[6:39]so if the child is of age has the maturity and knows

[6:43]what he or she is doing yes we consider that as a

[6:46]sarah even if he's like seven eight yes even if he's seven

[6:52]eight as long as he has the intellectual maturity to know that

[6:54]allah commanded me to do this and i can do it properly

[6:58]fulfilling all the conditions then yes why not sometimes you have very

[7:02]bright children they have very good levels of maturity if they do

[7:08]those good acts of course allah will write it for them why

[7:13]not there's nothing wrong with that so this is the ibadat of

[7:17]the sabi what about the wasa and the sadaqa what's the wasa

[7:22]the will can a child who's a miner we briefly examined that

[7:28]before can a child who's a minor issue a will and state

[7:33]if i die use my money for this cause this is a

[7:36]wasa and sadaka can a child give sadaqa the child comes and

[7:44]says baba i have five thousand dollars in my savings account since

[7:47]i was born i want you every day to put one dollar

[7:52]for imam almighty or i want you at the end of each

[8:00]month to give twenty dollars to the poor can the child do

[8:03]that the author states on page sixty and al-fukah popular opinion amongst

[8:13]the jurists and scholars is that the sabbi the child who is

[8:18]a mummy is and reaches 10 years of age which is usually

[8:24]the age of being a mumayas the child is now authorized to

[8:31]issue a will and to also give sadaqa for a charitable cause

[8:36]we have a number of hadiths from the albeit that confirmed this

[8:42]one hadith is from imam assad when a boy reaches 10.

[8:51]the imam says that he can do he can issue a will

[8:58]then the imam states when a boy becomes 10 years of age

[9:06]if the child owns a slave now this is no longer applicable

[9:12]but but back then a child can own a slave either through

[9:17]his money someone would buy a slave for him or he'd inherit

[9:20]his father's slaves now the child is 10 and he says i

[9:26]would like to free my slave isn't this an act of act

[9:32]of charity yes the imam says yes he's allowed to do that

[9:36]he can free the slave autha if he wants to give charity

[9:43]he can al if he issues a wasayyah for a good cause

[9:48]why deny the child getting the ejar and the thawab of doing

[9:51]these acts of goodness so we have narrations that if the child

[9:55]is 10 then yes we allow him to spend his money for

[10:01]a good cause that is allowed now remember it has to be

[10:06]a good cause not other types of transactions because maybe the miner

[10:12]could be taken advantage of so most scholars throughout history have issued

[10:18]this fatwa what about the wakf do you know what the difference

[10:26]is between sadaqah and what is the difference between the two sadaqa

[10:31]is any donation any act of charity what's what the other person

[10:36]can do whatever they want with it i think no it is

[10:45]like on hold yes the walk is a religious endowment a piece

[10:50]of property you can turn it into a walk whether a general

[10:55]walk like a masjid or it could be a school it could

[10:59]be a saini seini anything for the general public or walk of

[11:06]cass or you can dedicate this land for instance to your relatives

[11:10]to the people of this city for instance a subcategory of people

[11:16]students for instance now scholars have discussed whether a child can dedicate

[11:29]something as a general endowment many scholars have said the child is

[11:39]not allowed to dedicate a walk a religious endowment why they say

[11:45]we don't have evidence that he can do that the default is

[11:49]that a child who's not bad cannot use his money we have

[11:54]an exception from the imams of advaita what were those exceptions the

[12:01]will the wasa and the donation does the donation technically include a

[12:07]walk the author says no sadaqa is a different label than wakf

[12:15]and endowment and that's why scholars in islamic law they have a

[12:22]different book to discuss sadaqa and a different book to discuss what

[12:25]has its own laws it's a specific type of donation it's not

[12:33]any donation so the hadith that says a child can give sadaqa

[12:36]we we're not sure if it includes therefore we go back to

[12:42]the general ruling which is the child is not allowed to use

[12:45]his property so most scholars have ruled a child cannot dedicate a

[12:49]walk until he becomes balar once he becomes balak then he could

[12:52]dedicate a walk any questions on that okay now let's go to

[13:06]page 61 and discuss the heading we're trying to see what kind

[13:11]of laws impact minors right so the author mentions that if a

[13:18]child inflicts damage on others property as we briefly mentioned before are

[13:25]they liable to compensate those people for the damage that they caused

[13:31]one can say rafa al-kalam there's no tech leaf on children i

[13:36]broke someone's window as a child so what i broke someone's car

[13:40]there's no tech leaf on me so islamic law does not require

[13:45]me to compensate that person because i'm a child there's no tech

[13:48]leaf on me the author says no and they say no if

[13:54]a child causes damage to someone's money or property the parents and

[14:01]guardians of the child must compensate that person from the child's money

[14:06]even if there's no tech leave meaning allah is not going to

[14:11]punish the child on the day of judgment allah will not say

[14:13]to the child you committed a sin by breaking your neighbor's window

[14:16]because there was no technique on you so you're forgiven don't worry

[14:22]about that but now that you're valid if someone has not compensated

[14:25]that person you have to compensate him because you inflicted damage on

[14:31]the person's property so you're liable for that damage so this is

[14:34]a law that impacts minors in islamic law that if they cause

[14:38]damage to someone's property even though they're not held accountable as they

[14:44]did not commit a sin but they have to compensate them so

[14:47]either their guardians compensate them now or when they become baler it's

[14:54]now their obligation to go and compensate them so can the parents

[14:58]pay for it they can the parents can go and settle it

[15:02]with the neighbors from their own money that's fine because they will

[15:06]release now their child from the liability but the point is that

[15:11]person has to be compensated the neighbor from the child's money unless

[15:16]someone offers to settle it themselves that's fine so this is one

[15:22]law that impacts minors any question on that and the reason why

[15:33]scholars have said that is because they've made a distinction between hokum

[15:36]taklifi and hokum hokum taklifi means what there's an obligation on you

[15:41]this is halal this is haram this is macro this is mustahab

[15:45]these are akam and then we have is an effect in islamic

[15:54]law for instance the marriage relationship the fact that you have a

[15:59]marital relationship when you say the akat the qatar viktor that is

[16:03]a situational ruling that now you have zojiya ownership milkiya is and

[16:12]that's why when it comes to these you don't need to make

[16:17]the knee of korba do you have to say i sell this

[16:22]book for the sake of allah for you to be the buyer

[16:25]or seller or the owner no because this is an effect of

[16:34]ownership similarly we say laman liability for damage is not a hakum

[16:40]taklifi it's whoever causes damage there's an effect called liability there is

[16:46]an effect called liability in fact in fact if you let your

[16:50]animal roam around and because of your negligence the animal went and

[16:57]broke your neighbor's window you're still liable for that now someone could

[17:01]say i never broke anything they'll tell them yeah but your horse

[17:04]did an animal did that go and uh charge the animal hold

[17:11]the animal libel no you're responsible when you're the owner of an

[17:16]animal and you let it loose you are negligent right there is

[17:21]an effect in islamic law you have to be liable so the

[17:25]same applies to a child another law that impacts minors and children

[17:32]and i know this one's sensitive it's deep discipline and when we

[17:39]say discipline what type of discipline are we referring to what type

[17:49]verbal physical physical discipline right is physical discipline allowed or no ajimau

[17:56]the author says it is the ijma consensus of scholars yes what

[18:04]child are we talking about the mumeys the one who has that

[18:11]maturity to know right from wrong let's say a child of 10

[18:14]years of age if the child commits a major sin even though

[18:24]there's no takliff allah is not recording that sin against the child

[18:27]because the child does not bother yet but there is a worldly

[18:32]consequence which is discipline if appropriate within certain limits the child can

[18:40]be physically disciplined of course not to the point where it harms

[18:44]the child but there should be some physical discipline to show the

[18:48]child right from wrong and the imam is according to one hadith

[18:59]in this hadith the imam al-salaam states during the time of imam

[19:05]al-assam there was a case where an adult man practice homosexuality with

[19:12]a child who was mumey as the child so the imam al-isram

[19:16]punished the man for this you know crime for this act and

[19:22]the imam alaihissalam told the child he told him had you been

[19:26]an adult i would have punished you as well but now i

[19:29]will discipline you and he had him disciplined because the imam told

[19:33]the child you could have resisted but you did not so you

[19:37]committed what's considered a major sin for adults but since you're not

[19:44]an adult so the the penal code does not apply to you

[19:47]but you can be disciplined so in islamic law a child can

[19:53]be disciplined if he does something openly corrupt and immoral well yeah

[20:03]physical discipline remember this is just a legal discussion here this is

[20:07]in no way advocating for anything yeah this is an exception this

[20:16]is deep discipline if he does something bad yes if the child

[20:19]does something that's a kibira that's bad right and they know right

[20:23]from wrong remember we're talking about which child not a five-year-old child

[20:27]momaya's child let's say 9-10 they know right from wrong they have

[20:32]that level of maturity and they know they did something wrong it

[20:36]could be appropriate in some cases to discipline them yes something big

[20:44]like theft let's say a child keeps stealing and he's 10 11

[20:48]he knows he completely knows this is right wrong right you discipline

[20:53]the child because the argument is if you don't discipline the child

[20:57]the child will develop the habit when he becomes violent he's going

[20:59]to continue the same thing so let the child know no you

[21:04]can't get away with that there are consequences for stealing right or

[21:08]for trying to hurt people or kill people there are consequences the

[21:13]child needs to know that so one way to protect the child

[21:17]and to protect society is through discipline but of course appropriate discipline

[21:22]scholars have mentioned the conditions when we're saying heating hitting we're not

[21:28]saying you know physical assault to the point where you endanger the

[21:32]child no no no it must be you know appropriate reasonable and

[21:38]and not with vengeance but with the compassionate intention to really discipline

[21:45]the child no not out of anger or out of revenge because

[21:48]that just makes the child more aggressive so this is another thing

[21:55]that applies to children any questions on that on the discipline on

[22:02]the deep yes the punishments usually that are like these punishments are

[22:06]in public usually no for that child it will be like the

[22:10]disciplined scholars have not mentioned whether this is public or not maybe

[22:16]we can conclude from the hadith of imam ali ibn abi it

[22:20]may have been somewhat public to have more of an effect so

[22:26]other children see see if you keep it private nobody knows maybe

[22:28]other children in society who are mumeyes they will not take their

[22:33]lesson but if they see a child like them who's 10 11

[22:35]who stole committed theft and then was publicly disciplined they will think

[22:43]twice that will deter them so yes it seems from the hadith

[22:48]that it can be public or it should be public so you

[22:51]have the deterrence effect i want to share a story with you

[22:55]yes back home in lebanon about eight years ago i used to

[22:59]live there this boy he was like 14.

[23:00]he took this other little boy with him to like a field

[23:05]you know like a well yeah he threw him in the well

[23:19]he he abused him i did he survive or he died the

[23:26]child they found them in the wow that and they took them

[23:29]out that did that to him i think he's still in jail

[23:33]till now i know he's under age sometimes that could happen he

[23:41]was the only boy the one who who died 11 years old

[23:45]yeah see sometimes children can commit crimes so imagine maybe maybe i'm

[23:50]not judging this 14 year old boy but maybe he's done other

[23:55]things when he was younger maybe he got away with them and

[23:56]he thought he could do that had he been disciplined this may

[24:00]have been prevented so remember islamic discipline is to bring order to

[24:04]give you life not to seek revenge from the people another islamic

[24:13]law that applies to children as the author discusses at the end

[24:20]of page 61 is tamalukuhu a child can claim ownership of that

[24:26]which has no owner that which is public for everyone in the

[24:32]law of allah so for instance water a child can go with

[24:36]a container to a river to a lake fill it with water

[24:42]and then say this water is mine i can sell it i

[24:46]can do whatever i want with it is that legal yes just

[24:48]like an adult plants vegetation out there in land that does not

[24:55]belong to anyone or if the person goes and collects wood a

[25:00]child collects wood he owns all of that so even though a

[25:05]child is restricted in buying and selling in some transactions but he

[25:09]can claim ownership of these items that's the first part the first

[25:17]the second part that the author discusses is money that you find

[25:22]on the street basically first let's examine the law that impacts the

[25:28]adult and then let's see how this impacts children if you as

[25:32]an adult you see basically money on the street or property or

[25:37]gold or something can you claim it to yourself if the money

[25:45]has absolutely no sign of who its owner could be like a

[25:52]hundred dollar bill right and you see it in a place there's

[25:57]no way to trace the owner there's no sign no mark of

[26:05]ownership there's absolutely no way to trace the owner in that case

[26:07]you can take it for yourself no problem it's must have to

[26:12]give it a sadaqa but you don't have to you can claim

[26:15]it for yourself regardless of the amount it could be a dollar

[26:20]it could be a hundred dollars it could be a million dollars

[26:24]if it absolutely has no sign of ownership you can claim it

[26:31]to yourself okay what if it has a sign it has a

[26:34]sign there is a way to find the owner technically it's not

[26:38]just like a dollar bill no it's something that's unique that has

[26:43]a sign of ownership in that case what do you do scholars

[26:49]have said first of all you have to wait an entire year

[26:56]announcing on social media in your society that there is such an

[27:00]object whoever is the owner come show us the evidence we'll give

[27:04]it to you if after a year no one comes to claim

[27:12]it then you pay it a sadaqa you still don't own it

[27:14]yourself now what if someone says why wait a year i know

[27:18]for a fact the owner will no longer be here to find

[27:24]it let's say you just have japin it was during hatch season

[27:28]maybe in a place where there was a large gathering millions of

[27:32]people came and everyone went back home it's just no longer realistic

[27:36]for you to wait a year for the owner that's it the

[27:41]owner is god in that case you give it a sadaqa now

[27:47]the author says a child can claim something that has lost money

[27:59]scholars when it comes to children they're split into two groups one

[28:05]group says the child is just like the adult whatever law applies

[28:08]to the adult applies to the child the second group of scholars

[28:13]they say a child can claim ownership of that money that you

[28:16]find on the street if the value of it is less than

[28:20]one dirham a few dollars let's say but if it's a lot

[28:24]of money no we say to the child you cannot claim ownership

[28:27]of it it's not your money but if it's less than a

[28:31]few dollars then yes you can claim it as your money some

[28:34]scholars have said this but not all scholars no the child cannot

[28:40]claim it have an adult come and deal with it yes the

[28:43]child could cannot claim it to himself anymore not that he takes

[28:48]it and he pays sadaqa no so an adult has to deal

[28:51]with it another law that applies in this heading is that if

[29:00]a child goes to a piece of property a land that's not

[29:02]owned by anyone and he develops the land the child plants seeds

[29:10]in this land does this land become uh the the the ownership

[29:16]of this land is it given to the child yes a child

[29:21]can do that there's no problem so these are just some examples

[29:32]of these laws that apply to children also if you reserve let's

[29:37]say a place in the masjid sea in the auditorium can a

[29:44]child reserve a seat for himself meaning if he showed up first

[29:46]can he sit there yes he can in public places having said

[29:53]all of that the author now reaches the very important discussion that's

[29:59]applicable to the book of transactions what about the of the sabi

[30:07]transactions buying selling grunting can a child do that or no basically

[30:16]the author says that the popular opinion amongst the fukaha and scholars

[30:23]is that if the child is not mumayas younger than ten eight

[30:28]definitely the akhidis battle any type of transaction that the child engages

[30:35]in is invalid that's the meshur the popular opinion even if later

[30:42]the guardian approved let's say your five-year-old child goes and buys something

[30:45]and then you as the father as the guardian of the child

[30:50]you say i approved of this transaction we say no that's not

[30:54]good enough it doesn't work that way because your child did not

[31:02]have the capacity to even issue a transaction so there is no

[31:05]transaction for you to even approve of islamically that's not even a

[31:08]transaction okay and the reason that these scholars have mentioned is the

[31:20]pen has been lifted so a child technically cannot engage in any

[31:26]type of transaction because there's no effect to his actions and a

[31:31]hadith that which a child does deliberately and that which a child

[31:42]does accidentally is equal what does that mean you as an adult

[31:46]when you when you do something accidentally does it have a binding

[31:50]effect no therefore a child he cannot issue a transaction because his

[31:59]transaction is like an accident that a then that an adult will

[32:02]commit that's the meaning of it okay the author says that's the

[32:13]meshur however a group of scholars beg to differ they say no

[32:21]we don't accept that children cannot engage in any transaction they have

[32:30]said these scholars that if the child is of maturity to know

[32:37]what he's doing to engage in a transaction then we will allow

[32:47]this transaction this transaction is valid some of them say you need

[32:52]the guardian's permission some of them say no even if the guardian

[32:55]does not approve as long as the child knows what he's doing

[32:57]he's of that maturity let him decide what he wants in it

[33:02]with his own money and he says many scholars have said this

[33:05]one of them is fakhrool muhammad of the top scholar said qadha

[33:18]mali is the one of the malayah sheikh al-ardabili said hakeem and

[33:22]other scholars he's mentioning pillars in islamic law who've said that children

[33:28]can engage in transactions what's the problem now if you ask these

[33:33]scholars what is the evidence that you have what's the proof that

[33:40]a child can engage in such transactions what's the answer they say

[33:46]that the evidence that we have is sierra okala and sir tulmuta

[33:54]and we don't see the imams of bait speaking out against the

[34:02]seerah so we can conclude the approval of the imams what's it

[34:10]break it down what's seerah the way what is okala rational people

[34:20]it just means rational people in society is basically the common practice

[34:30]of rational people in society these scholars are saying look how interestingly

[34:35]in islamic law you can make an argument using these scholars are

[34:41]saying when you go to any society rational people we're not talking

[34:50]about crazy people or a fringe group of people no rational people

[34:54]they do allow their children to buy and sell if they have

[35:02]maturity they know right from wrong they are mumayas a father will

[35:07]allow his son to go to the supermarket and buy something or

[35:12]he gives him an allowance right twenty dollars a month and then

[35:16]he tells them do whatever you want with it so we find

[35:20]that this is a common practice in all societies around the world

[35:25]that who children who have that level of maturity they can decide

[35:28]what happens with their money they can buy and sell no problem

[35:31]and we don't find that the imams have added bait specifically condemned

[35:36]to this practice so we can assume that the imams were okay

[35:39]with this practice therefore let's allow children to buy and sell no

[35:47]problem that's allah and then the author says in addition to that

[35:51]we also have see not just the practice of common people like

[35:56]even non-muslims no even righteous muslims if you go to the holy

[36:03]cities historically you even find many scholars for instance or people who

[36:11]are righteous and they care about sharia you find their children would

[36:16]buy and sell certain things therefore that gives us confidence that this

[36:20]is okay in islamic law how do you feel about this kind

[36:27]of argument do you feel that they make a valid case here

[36:31]it's good that teaches a kid to be responsible since you know

[36:35]at the young age well that's the wisdom behind it from a

[36:39]fickle perspective is the case they're making sound like a sound argument

[36:46]powerful case they're saying it's a common practice amongst the rational people

[36:54]we don't find this shari allah condemning that so that means the

[36:59]imams were okay with this practice because if they were not okay

[37:03]with it they would have specifically condemned it like they condemned many

[37:08]things which violated the law of god but we don't find the

[37:11]imams condemning this in specific therefore we can conclude that it's okay

[37:18]we're sinning so we can conclude that that reflects the spirit of

[37:24]sharia if sharia was against this then definitely we would have seen

[37:29]the righteous people avoid that the fact that they don't avoid it

[37:34]means from day one it's probably okay that's the argument in any

[37:40]case a number of remember not all marajas have accepted this a

[37:45]few raja have accepted this but a lot of scholars beg to

[37:49]differ they say no we go back to the you know first

[37:52]group that says it's not allowed yes yes they require the guardian's

[38:01]approval these scholars so if the guardian approves it why not let

[38:05]the child do that but the first group they say no even

[38:08]if the guardian approves no you don't have a transaction it's not

[38:13]a valid transaction the second group says no it's okay the third

[38:19]group in fact in fact the third group states even if it's

[38:23]not with the permission of the guardian it's still okay and almo

[38:30]which was one of the great of the past that was his

[38:35]opinion if the child knows what he's doing let him do what

[38:39]he wants why do you need the guardian's approval a fourth category

[38:44]of scholars they have maintained that if the child is buying petty

[38:51]things cheap things petty things inexpensive inexpensive things it's okay we approve

[38:59]their transactions but if they're buying something expensive no this makes sense

[39:04]too this makes sense [Laughter] like if i expand you or something

[39:11]like that it's fine but they're gonna go buy the author said

[39:15]what is the author's opinion he says my opinion is why is

[39:20]it that the sharia allah allowed a child who becomes balir to

[39:26]do everything that he wants with his money because now the child

[39:30]has maturity so what's important here is the maturity not the age

[39:36]of the child he says that's what i understand from the spirit

[39:39]of sharia that's why and he said this is important part of

[39:43]his discussion he says and that's why if the child becomes balur

[39:47]14 15 but the child is a fool reckless not insane but

[39:56]reckless according to islamic law is the child allowed to use his

[40:01]money and make his own transactions no a child is safe inshallah

[40:05]later we'll examine in the book of safiy how a reckless foolish

[40:10]person is restricted and they cannot use their own property the author

[40:16]says why you have a balach person who in islamic law is

[40:20]an adult but you still restrict him why because he does not

[40:23]have that level of maturity therefore what's key over here is maturity

[40:27]not the age therefore if a child is 10 but he has

[40:31]that level of maturity let him decide what happens with his money

[40:36]whether it's a small amount or a big amount doesn't matter as

[40:39]long as the child has that level of maturity that's his opinion

[40:43]and then some scholars even interestingly mention some children are savvier than

[40:50]their parents you could have an 11 year old child savvier than

[40:54]his parents he knows more about transactions right some kids are really

[41:01]bright so let them engage in transactions what is the problem so

[41:07]that's what the author mentions now this maturity what do we call

[41:13]it in arabic in arabic means level of maturity that allows you

[41:19]to look after your own interests you know what you're doing that's

[41:24]what it means have you seen some kids they know what they're

[41:28]doing they know how to calculate how to do pros and cons

[41:32]they're smart they know how to seek their benefit okay if they're

[41:35]at that age and they'd like to um engage in transactions the

[41:40]author says let them because we understand from the spirit of that

[41:43]what counts is the level of maturity not the age now why

[41:48]did many hadith mention bulu because normally a child has that level

[41:53]of maturity to kind of know what he or she is doing

[41:56]otherwise bulu is just a sign of maturity if you know that

[42:02]the child has that maturity before bulu let them engage in transactions

[42:07]we don't see any um problem with that and then he mentions

[42:12]a hadith he says mentions in his book he says there's a

[42:20]hadith if the child becomes 10.

[42:28]he has rushed maturity he can deal as he wishes with his

[42:35]property so even have a hadith it's a weak hadith does it

[42:40]have a strong chain because it's a disconnected chain but in the

[42:43]end there's a there's a hadith that even supports that so the

[42:50]author says what we can conclude that children by default are not

[42:59]allowed to use their property to buy or sell until they become

[43:03]baler or they show maturity before that if they display maturity before

[43:09]that then we let them and remember those hadiths in which the

[43:17]imam stated a child if he's 10 he can give sadaqa he

[43:21]can issue a wasayyah these scholars have said ok so when the

[43:24]imam is telling you that that he can donate he can't buy

[43:28]a bag of chips why if the child has that maturity then

[43:33]let him do what he wants with his money any questions on

[43:41]that what do you say the author states that a child or

[43:55]even someone who's abided is as a fool they shouldn't be able

[43:59]to access their problems yes that is there's consensus on that what

[44:04]would you say about an adult that's a fool yeah that's what

[44:06]we're saying about an adult no like a 20 30 yes a

[44:09]50 year old person we have inshallah a chapter in islamic law

[44:14]in which we talk about the safety safety is the one who's

[44:19]a fool or reckless reckless like if you give him a thousand

[44:24]dollars he'll spend it in five seconds on silly issues this person

[44:30]is a safety this person according to islamic law you restrict him

[44:35]it says money you don't give him access he says no you

[44:39]need a guardian to authorize what you're doing because you're reckless you're

[44:44]a sfe this applies to adults and the author is using this

[44:49]argument he's like see we understand from safi that it's the maturity

[44:55]that authorizes you to make transactions you could be an adult but

[45:00]if you don't have the maturity you can't so that means if

[45:02]there's a child who has that maturity let him because it's the

[45:06]maturity that counts yeah the safety applies to adults definitely we have

[45:12]an entire chapter in islamic law about this the person is an

[45:16]adult you tell them no sorry you have a million dollars you

[45:18]don't have access to it with restrictions we let you use it

[45:24]you can't just unconditionally go and use that money have you seen

[45:27]some people they're reckless they're reckless what they're spending i remember once

[45:33]and we'll conclude with this i remember there was a documentary one

[45:40]of the i don't know businesses companies corporations they randomly went to

[45:44]the street and they saw basically a homeless person who was completely

[45:51]bankrupt begging for money so they went to that person and they

[45:53]gave him a very big amount of money like a hundred thousand

[45:58]dollars or maybe a million i can't remember the exact figure either

[46:01]100 000 or a million they told them here and the intent

[46:06]was to study what the person does with it they came back

[46:10]a while after let's say a year after they saw the person

[46:15]begging in that same corner we gave you a million dollars what

[46:19]happened they discovered the person recklessly spent the million dollars in one

[46:26]year did not invest did not buy himself a good property he

[46:30]just spent it on silly things see this person is a sephie

[46:34]fool this person in islamic law does not have full access to

[46:40]his money because he will squander it and waste it in a

[46:47]few days what if he donated if you donate the money to

[46:50]the point where you're homeless that is recklessness and we have verses

[46:54]about that and we have hadiths about that don't go too far

[46:58]if you have a family you need a shelter a roof and

[47:02]you donate all of your money you're not allowed yes you're not

[47:04]allowed to gain all of your money such that you become homeless

[47:07]this is not what allah wants from you this is recklessness yes

[47:10]you donate half of it 60 of it but you still have

[47:15]your own livelihood that's fine that's not being reckless but to donate

[47:18]all of it is recklessness we have a question here this is

[47:25]strong evidence that it's practiced around imam's time and they did not

[47:29]say anything majority scholars are in which opinion so honestly the majority

[47:37]of scholars have ruled that yeah a child cannot by yourself period

[47:40]so i would say that's probably the the majority of scholars it's

[47:46]just their understanding that we have hadiths that's very clear that's it

[47:49]a child who's not balar they're not allowed to deal with their

[47:53]property and they feel these hadiths are enough to make a statement

[48:01]about the public practice that's their opinion if you ask them well

[48:05]why didn't the imam say something when there was a common practice

[48:08]of rational people allowing their children to engage in transactions they're like

[48:14]yeah the imams did well where in these hadiths where the imam

[48:17]says a child who's not bad that's it the pen has been

[48:22]lifted that means they can't buy they can't sell they can't do

[48:25]anything to them it's clear the imam has already made his statement

[48:30]so i would say yes the majority of scholars have probably ruled

[48:38]historically that a child who's not bad cannot buy or sell once

[48:42]they become violent then they have that authority was foreign

0 تعليقات

التالي

143- (5) Islamic Law (Fiqh) - Transactions of Children - Sayed Mohammad Baqer Qazwini

Transcript

التالي

استكشاف المزيد

يرجى ملاحظة أنه إذا كان عمرك أقل من 18 عامًا ، فلن تتمكن من الوصول إلى هذا الموقع.

التالي

143- (5) Islamic Law (Fiqh) - Transactions of Children - Sayed Mohammad Baqer Qazwini

Transcript

التالي

استكشاف المزيد

اختيار طريقة الدفع

لغة