97- (1) Islamic Law (Fiqh) - Khums and Inheritance - Sayed Mohammad Baqer Qazwini

11 Bekeken· 24/07/19

Al-Hujjah Islamic Seminary
1 abonnees

Islamic Law (Fiqh) 03, offered in 2019-2020, 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]

Laat meer zien

Transcript

[0:00]audhu billahi min as-shaytan ar-rajim bismillah r-rahman r-rahim al-hamdu lillahi rabbil alameen

[0:09]wa sallahu allah sayidina muhammadin wa ala nabina by hearing a la

[0:15]mañana from eduardo muhammad respected brothers and sisters assalamualaikum warahmatullahi wabarakatuh i

[0:23]welcome you all to our third year of islamic law our fifth

[0:29]class last two years we examined the book of purity the book

[0:38]of salah the book of fasting the book of zakat and we

[0:43]also examined half of the book of homes this year we will

[0:50]start by continuing our discussion of the laws surrounding homes and then

[0:56]once we finish the book of homes we will examine the book

[0:59]of Hajj inshallah we do have an arabic book for this course

[1:05]it is in arabic the teaching is going to be in english

[1:08]so even if you do not read arabic you will benefit from

[1:14]this course in sha allah but it's just you know for further

[1:16]reference it with you if you would like to examine the hadith

[1:21]for instance or the scholarly opinions Salaam alaikum WA Rahmatullah then you

[1:24]may do so some of the important discussions that we had last

[1:35]year about Homs the categories and the items that homes is rajab

[1:41]on we examined the discussion on muna the expenses what kind of

[1:48]expenses are exempt what expenses are not exempt Salam aleikum wa rahmatullah

[1:54]we also examined the discussion of homes applying to children's money do

[2:00]I have to take out the homes from my children's money those

[2:04]who are not baloff or no we have the discussion on that

[2:09]the ways that people try to use to evade homes we examine

[2:14]them are they legitimate are they not legitimate so we had a

[2:20]number of important discussions last year this year we will continue with

[2:26]another set of important discussions one important question that many people have

[2:32]about homes people say the following four years I've not paid my

[2:37]homes now what do I do I want to pay my homes

[2:44]now how do I start first of all remember that it is

[2:48]not enough just to ask for forgiveness skipping the homes for years

[2:53]is a sin because it's an obligation by allah subhana wa ta'ala

[2:57]allah commands us in the holy quran and the idol bait peace

[2:59]be upon them have commanded us in the hadith to pay homes

[3:03]so if I have not skipped five skipped homes and I've not

[3:05]been observing this important obligation that is considered a violation of God's

[3:10]law it's an act of a bada that must be observed so

[3:14]one has to of course seek repentance and ask Allah subhana Allah

[3:18]for forgiveness but is that enough that's not enough in order to

[3:24]demonstrate that this repentance is sincere one has to give what they

[3:33]owe one has to give what they're liable to giving so you

[3:36]have to go back and do your best to figure out what

[3:41]is it that you owed in homes so here's an example let's

[3:44]say you go back to 2010 you have your financial reports a

[3:49]lot of people keep that they know exactly how much they mean

[3:53]what their expenses were so you see that in year 2010 you

[4:01]made $50,000 you spent forty five thousand dollars at the end of

[4:05]the year you were left with five thousand that's the surplus income

[4:09]on which homes is applicable so you had to pay twenty percent

[4:13]of that which is one thousand dollars you are liable to give

[4:20]them this is an obligation in our school of thought so if

[4:26]you know the amount you have to try to figure it out

[4:30]go back to your records and pay that now the reason why

[4:34]you have to pay that because some people say okay I'll let

[4:35]the past is the past let me start giving comes from now

[4:42]the reason why you have to give that is because 20% of

[4:46]that income technically did not belong to you it belonged to the

[4:50]recipients of homes the categories that we will be discussing in the

[4:56]near future insha'Allah the poor and the other recipients they are actually

[5:02]a partner with you in what you own so 20% of that

[5:04]money was not yours so you are liable to now give it

[5:08]this is the first scenario if you can figure out what that

[5:14]amount was what about the second scenario if someone says I don't

[5:17]know I have no clue how do I know how much money

[5:21]I had at the end of the year so scholars have said

[5:24]two fundamental points here first of all try to come up with

[5:32]an estimate that you are certain of so look back at the

[5:35]year 2010 you know for a fact you had at least three

[5:44]thousand dollars at the end of the year that you're certain of

[5:47]we call this an Islamic law and are al-muttaqun that which you're

[5:53]certain of definitely three thousand I did have now did I have

[5:57]four thousand that I have five thousand I really don't know come

[6:00]up with an estimate that you're certain of because you're certain of

[6:06]that estimate you are liable to pay the homes on it 20%

[6:09]of that three thousand dollars so when you come up with an

[6:15]estimate you don't take the highest value take the lowest value it's

[6:18]just like missed prayers right we talked about that in the book

[6:21]of sulla you don't know how many years of miss prayers you

[6:25]have is it three years is it four years is at five

[6:27]years what do scholars state take the lowest estimate you're liable for

[6:32]making up three years anything over three years is recommended for you

[6:38]to make up if you'd like to but you're not required by

[6:41]Islam to observe the highest estimate you can go with the lowest

[6:44]estimate same with homes you can go with the lowest estimate yes

[6:50]brother al Qaeda and motoric on al Qaeda means the amount Salam

[6:56]alaikum and motya can means what that was you're certain of question

[7:03]let's now use a principle from legal theory from a Sunni why

[7:10]is it that scholars have mentioned you can go by the lowest

[7:14]amount because one could make the argument that you have to go

[7:20]with the highest amount to make sure you free yourself from this

[7:24]obligation right you know for a fact yet to pay homes pay

[7:29]the higher amount to make sure that I am free from this

[7:33]obligation someone could make this argument why do scholars state you can

[7:37]go with the lowest amount if you remember the law of Barajas

[7:42]libera at the law of exemption it's applied here the law of

[7:47]exemption says anything you do not know to be an obligation on

[7:53]you the hadith says it's lifted from you it's called the law

[7:57]of exemption you're exempt from it let me give you a very

[8:00]common example let's say you know you owe Ali an amount of

[8:05]money you have to give him back you're indebted to him right

[8:08]you don't know is it $10 or $20 I know for a

[8:13]fact I have to give him back that amount of money I

[8:18]owe him an amount of money is it $10 or $20 I

[8:23]don't know the $10 I am certain of that's called the corral

[8:27]Motel pen anything over $10 is it certain or is it doubtful

[8:34]it's much kook it's doubtful the law of exemption says anything that's

[8:39]doubtful as an obligation its lifted from you so the law of

[8:42]exemption is what allows us to rely on al-qaeda agglutinate and otherwise

[8:46]the intellectual law of precaution would tell you you have to pay

[8:50]him $20 because you know for a fact you owe him some

[8:57]money right so you have to free yourself from that obligation how

[8:59]can you free yourself from that obligation only if you give them

[9:04]$20 you're certain that's it I'm not liable anymore initially that's the

[9:09]intellectual law but the hadith makes it easier for us the hadith

[9:12]from the prophets our allahu allahu allah which is hadith or rough

[9:16]it's the hadith which is the basis for the law of exemption

[9:23]it says anything you're unsure of it's lifted from you so the

[9:27]same applies here you can go with the lower estimate of clumps

[9:31]and pay that however some Miraj have an addition here they're like

[9:37]that's not really enough you have to do something more than that

[9:45]what is it they're like look since 2010 if you owed this

[9:48]Homs and you did not give it to its recipients so for

[9:53]nine years you've been withholding the rights of those individuals and that's

[10:00]an act of injustice Salam alaikum that's an act of injustice right

[10:05]because you violated their rights and you delayed their share you're not

[10:10]off the hook by just taking the lowest estimate now you have

[10:16]to do what is called a masala ha would the merger or

[10:19]is representative because they represent the poor and those recipients of homes

[10:24]basically you have to do a negotiation with your manager your imagine

[10:28]I'll tell you for nine years you denied the recipients of course

[10:34]their share well that's an act of injustice now I represent the

[10:39]recipients so on their behalf I'm gonna negotiate with you so someone

[10:43]I'd like I to la Sistani this is how he's negotiated it

[10:49]he said he says go with the lowest estimate which is let's

[10:51]say a thousand dollars you're sure of that one thousand what about

[10:58]the higher estimate like two thousand dollars what is the probability of

[11:04]you owing more than one thousand what is that probability so you

[11:09]could say the ability of me owing $2,000 is 50% I to

[11:13]last ecstatic says this is how I negotiate with you 50% probability

[11:21]pay 50% of that higher amount so in our example you don't

[11:24]know do I have to pay a thousand or two thousand I

[11:28]really don't know first step the one thousand are you sure of

[11:32]definitely you have to pay that the other one thousand which is

[11:34]doubtful you don't know maybe you owe it maybe you don't the

[11:39]manager is going to ask you what is the probability of you

[11:41]owing that additional amount is it 25 percent give 25 percent of

[11:48]it $250 is it fifty percent give fifty percent of it is

[11:52]it 80% probability give 80 percent that's how I negotiate with you

[11:58]on behalf of the poor and I relieve you from any obligation

[12:01]that's on you this is how some melodia have addressed this issue

[12:04]now why do we have to do this at the output you

[12:09]will be obligatory precaution according to this manraja there like for nine

[12:14]years you denied them there right so now I have to advocate

[12:17]on their behalf I can't let you off the hook that easily

[12:27]that's kind of like the idea there yes brother so the first

[12:32]1,000 years sure of you pay it the other 1000 there's a

[12:37]50% chance that you might have to owe it because you don't

[12:40]have exact records of how much money you mean so you're like

[12:46]you know what maybe I have to pay more homes maybe so

[12:50]the manager is going to ask you ok give me that probability

[12:52]it's at a 50 percent 25 percent 80 percent based on that

[12:56]probability give the home sumo well give me give me the most

[13:09]reasonable estimate it's definitely not more than five let's see right you

[13:14]know it's definitely at least 1,000 now is it - is it

[13:17]three I don't know is it five is it ten is it

[13:20]fifty you have to have some sort of range right because you

[13:24]know how much you make each year and you have an idea

[13:26]of your expenses and expenditures so come up with a rough idea

[13:30]you're like look it's somewhere between one and five thousand I really

[13:33]don't know it's definitely not more than five thousand it's very unlikely

[13:36]so the manager will say okay from one to five thousand that's

[13:40]four thousand dollars what is the probability of you owing this four

[13:44]thousand dollars is it a 20% chance 30% chance pay 20% of

[13:49]it as Klum's and that's how you negotiate with the representative of

[13:54]the poor who is the manager so that's one way the Mirada

[13:58]have suggested this could be examined yes brother if the probability is

[14:12]30% you give 30% of that amount which you think you have

[14:16]to pay as homes so I don't know do I have to

[14:23]pay $1000 as homes or $2,000 the 1,000 is guaranteed you pay

[14:27]it the next 1,000 the likelihood of me owing that is 30%

[14:32]so you give 30% of that 1000 which is $300 as homes

[14:38]yes so it's just just it's just a straightforward percentage so this

[14:44]is the scenario for someone who has not paid their homes for

[14:50]years and now they want to estimate you know how much they

[14:52]need to pay any questions on that this is a very important

[14:59]point by the way it could apply to many many people that's

[15:02]the first discussion in our class tonight the second discussion very briefly

[15:08]stock markets if you own stock do you have to pay crumbs

[15:14]on that it's not actually cash in your hand it's not property

[15:20]in your hand you have to pay homes on it January 1

[15:27]2019 you bought $20,000 worth of stock January 1 2020 comes that

[15:33]stock is now worth $30,000 it's still there you own it you

[15:38]never spent it you never sold the stock and spent it on

[15:43]yourself it's still there you own those shares you have to pay

[15:46]homes on that okay so the brother says yes why according to

[15:49]Islamic law why do you have to pay from sunny it goes

[15:52]back to the verse of the Quran and the hadith of Ahlul

[15:58]Bayt the Quran says voila MO and nama genom to surah al

[16:02]anfal says anything you gain question if you ask the public me

[16:10]owning stock is that again or no buts again so the verse

[16:13]of the homes would apply the hadith also kun Lama a fire

[16:18]at NASA when Khalil and Alka feel anything people benefit and profit

[16:22]stocks are they profits they are so the homes would be applicable

[16:25]that's the proof yes that's a good question so I don't actually

[16:42]have cash money in my hands right now I own that much

[16:48]stuck it's just a value that I own so when my home's

[16:50]here comes what do I do there are two solutions for this

[16:58]one is to estimate the value of comes that you have to

[17:01]give let's say you have $10,000 worth of stocks the hopes of

[17:08]that would be $2,000 you give $2,000 right now to the recipients

[17:11]of the homes and that way the stock that you have is

[17:16]fully owned by you so even if you don't have the stock

[17:18]right now you can pay from another source of money the other

[17:23]method is to wait let's say you don't have that cash that's

[17:26]fine you are liable for $2,000 worth of stock whenever you sell

[17:33]that stock then you would give it to the poor immediately the

[17:50]hummus that you have to pay does not depend on the day

[17:54]that you're going to sell it it's the it's the day when

[17:59]your homes here came because on that day on that day you

[18:01]owned that much stock you could have sold it that day could

[18:05]you or no see sometimes it's an account you don't have access

[18:08]to or like a person who's in jail they can't go and

[18:13]do any business transactions that's different the person says well on my

[18:17]homes here I didn't have access to those stocks but technically if

[18:21]you wanted to sell those stocks on January 1 could you yes

[18:25]you could have so one practical solution is on January 1 when

[18:30]your comes here comes sell 20% of that stock get the value

[18:36]give it as close and that way you save yourselves a lot

[18:39]of headache but you can wait till you actually sell the stock

[18:43]but remember you're gonna have to look at the value of the

[18:45]stock on your home state not the day that you sell it

[18:48]so if the stock market crash and you lose that value that

[18:53]is a loss the horse is still applicable to you the day

[18:57]when your homes here King so that's another way to kind of

[19:02]handle that yes so if you have money in a long term

[19:15]account that you don't have access to now like a 401 K

[19:20]the way it works is that when you retire let's say you

[19:26]get that money so scholars have mentioned you don't owe any homes

[19:29]now you can if you'd like to pay it from another source

[19:31]but you're given the option to wait until the day you start

[19:38]receiving money from your 401 K on that day you would have

[19:40]to pay the homes well basically on the day when that account

[19:52]is released right 20% of it is not yours so every paycheck

[19:57]that you get 20% of it must go to Clemson that's how

[20:03]it's going to work see that the day that that you start

[20:05]getting the money from the 401 K they don't give you the

[20:09]entire money they give you a thousand dollars a month so every

[20:12]time you receive that thousand dollars two hundred of it is given

[20:17]us to given to comes right away exactly why because the actual

[20:21]course was applicable when you owned that those assets like 10 years

[20:25]ago you really owned this so now you have to give it

[20:30]and this was money that you never used for your expenses all

[20:33]those ten years it was just money piling up for you right

[20:40]no no because this is homes that was in reality liable you

[20:44]were liable for it in previous years yes it's not considered this

[20:50]year's income but the bonus is profit it's academia it's fired well

[21:04]he says with gift with gift is a bonus a gift or

[21:07]it's its compensation for your work really it's difficult to say it's

[21:11]just a gift a gift is you go and visit someone you

[21:14]give them a gift right so with a bonus it's basically paying

[21:20]you back for your services yes to appreciate your services you're given

[21:24]a bonus it's an incentive but is it a gift if we

[21:27]assume society considers it purely as a gift then yes the manager

[21:31]who says no Holmes applies to the gift that's fine according to

[21:34]his that's why you wouldn't have to pay crumbs on it but

[21:37]I don't know my impression is that it's not really a gift

[21:44]it's not treated as a gift so on your tax papers do

[21:59]you pay tax on that bonus or no no the question is

[22:05]if this year my company gave me $20,000 bonus do I have

[22:08]to report that in my tax so the idea here that is

[22:21]not just a gift then and the proof is if they give

[22:24]it to you now you have to put it on your tax

[22:25]papers or as normal gifts you don't have to put on your

[22:29]tax papers in any case this is the law if society considers

[22:35]it just a gift purely a gift then according to some Mirage

[22:38]who say the forms does not apply to the gift you don't

[22:42]you wouldn't have to pay the folks on it but for those

[22:44]Miraj who do say that Holmes is applicable on gifts or we

[22:48]say you know what this is not really a gift it's more

[22:50]of some sort of financial compensation for your work then the homes

[22:55]will apply so every month that you get that 401k you would

[22:59]have to pay 20% of it to the poor because you owned

[23:01]this money really 20 years ago it was just waiting for you

[23:05]in an account and you never used it for your expenses in

[23:08]that year so now 20% of it has to go to the

[23:13]recipients of course yes yes we can invest in it absolutely yes

[23:23]we can invest in it now there is one important clause with

[23:28]stocks when you invest in stocks I know this gets very complicated

[23:35]and complex because of the way the stock market works but scholars

[23:40]have mentioned that any company that deals with alcohol right like Budweiser

[23:47]let's say or financial institutions that are based on the interest system

[23:53]right they offer interest based transactions the vast majority of scholars in

[23:59]Moraga say it would be hard on to invest in these institutions

[24:03]because now you're basically involved in the business of selling alcohol they

[24:16]don't see where their money goes right if there's a high likelihood

[24:25]that it will end up you know in a company like Budweiser

[24:31]that sells alcohol then yes they should look into it if it's

[24:33]you know not such a big likelihood they don't have to investigate

[24:36]but if they do know if it was brought to their attention

[24:41]they have to avoid it so invest in stocks that don't deal

[24:44]with these haram categories that's one stipulation scholars have mentioned ok so

[24:50]this is the second part of our discussion the third part of

[24:55]our discussion which is an extremely important one if someone dies a

[25:03]father a mother a husband a wife a family member they die

[25:07]and they leave inheritance and you are one of the inheritors you

[25:10]inherit your father your mother your sibling if you inherit them and

[25:19]that inheritance comes to you and you know that the deceased the

[25:26]father in this example did not pay homes do you have to

[25:30]pay homes on the inheritance that you receive before the inheritance becomes

[25:35]lawful to you or no right so the homes that he owed

[25:42]do you have to give it to the recipients and what remains

[25:45]you take it as inheritance or like I don't care that was

[25:51]his problem I want my share of the inheritance yes okay so

[25:57]let's examine this discussion here scholars are actually divided on this issue

[26:02]a number of scholars they said that person old clumps and that's

[26:09]a Dane Holmes is a Dane what what does Dane mean today

[26:12]and the verse of the Holy Quran is very clear when do

[26:17]you divide the inheritance and give it to the inheritors men mad

[26:22]you are seeing you see me ha eldane right if your father

[26:27]was indebted to Zaid $10,000 and he never paid it back now

[26:33]he dies he's left twenty thousand dollars ten thousand is not his

[26:37]you have to give it back to Z so you have to

[26:40]give that to Z what remains you give it to the Wada

[26:42]then you give it to the inheritors right same what comes twenty

[26:48]percent of his money was not owned by him his surplus money

[26:51]not his actual income right he had partners with him who are

[26:56]the recipients of clums so he is indebted to them so you

[27:01]have to put that on the side then take the inheritance right

[27:04]so most scholars have actually said that if you do know that

[27:07]the deceased did not pay their homes and you can try to

[27:12]figure out a way to estimate what their homes was you do

[27:15]have to let's say I don't know do you have to investigate

[27:19]you don't have to investigate if he did not mention it in

[27:23]his Messiah and his will he did not mention it to someone

[27:27]he did not appoint someone to execute his will and financial things

[27:30]you don't know you don't have to investigate and in fact you

[27:33]can assume that any Muslim is fulfilling their obligations but let's say

[27:37]you do know you know for a fact and your father did

[27:40]not pay his homes and you have an idea or you have

[27:44]a way of finding out roughly how much you do have to

[27:46]you are required by law by Islamic law to put that on

[27:57]the side now any questions on that yes okay let's say you

[28:03]want to pay that close but your siblings they don't they refuse

[28:08]well you don't have control over them from your share from the

[28:13]share that you get give the homes okay so let's say you

[28:20]only received land not money twenty percent of that land or how

[28:23]much ever the homes was you would have to give it to

[28:27]the poor later because now the poor see them the land that

[28:30]you received eighty percent of it was not owned by him to

[28:32]begin with twenty percent of that land belonged to the poor so

[28:37]when you sell that land for instance you would have to give

[28:39]it as comes twenty percent of it so if others are not

[28:44]observing the homes and their share you have to observe it in

[28:47]your share yes no no it's not the duty of the eldest

[28:54]son to pay from his own money no that's not one of

[28:58]the obligations it's not like prayer where he has to make up

[29:02]the missed prayers so this is a phenomenon however some mirage have

[29:07]said something interesting there like that deceased was he an observing person

[29:15]who normally would pay his homes he believed in homes now the

[29:22]last few years he started to kind of fall behind on his

[29:25]homes right in that case you have to take out the homes

[29:30]and give it to free his obligation but if your father did

[29:34]not even comes at all Peter I believe in homes in fact

[29:37]let's say he comes from another school of thought let's say your

[29:39]shower was sunny so either he doesn't believe in clumps because he

[29:44]comes from a different school of thought or he was a Shia

[29:46]but he just rejected the idea of course and never paid comes

[29:51]in his life some mirage they say in that case you don't

[29:54]have to pay the homes take all the intelligence it's hard for

[30:00]you why they cite two hadith from an imam ja'far al-sadiq Valley

[30:06]Sara this is a hadith that we're going to examine in detail

[30:12]when we talk about healing homes have you heard of the idea

[30:18]that the Imams declared homes to be halal for all the Shia

[30:20]and they're free in the time of labor right we're going to

[30:23]discuss that in detail we do have hadiths that say at the

[30:27]time of labor the she I don't have to pay homes there's

[30:29]a big controversy around this issue we'll examine that in detail in

[30:32]a few classes but very briefly a man comes trial Imam Assad

[30:39]the father Serra and basically he says I engage in business with

[30:42]people I buy I sell I inherit and I know those people

[30:48]don't pay their homes so what do I do now I buy

[30:49]a house and I know the owner of the house never paid

[30:52]alarms so 20% of that house did not belong to him am

[30:56]i stuck with this liability now the Imam Ali Salaam tells him

[31:00]MA and sovnarkom in California calm the Imam says it wouldn't be

[31:05]fair to our sheriff we put them in that position because now

[31:09]out of all people everything you buy and sell 20% of it

[31:11]is not my 20% of it is not mine you buy a

[31:15]house and then you're told hey 20% of its not yours give

[31:19]it to the poor you buy a car 20% is not it's

[31:20]not for you the amount and it says this is an excessive

[31:24]burden on the Shia because others don't observe comes non-muslims don't observe

[31:29]the homes the Sunnis don't observe the homes so the Imam said

[31:33]I make an exception technically yes 20% of that has to go

[31:38]to the recipients of the homes half of it to the Imams

[31:42]and the other half to the recipients that we're going to talk

[31:44]about but the amount says I've relieved you from this table so

[31:47]if you buy a house and you know the owner of that

[31:51]house never paid his homes that's fine the how the house is

[31:55]how loud for you you don't have to pay any home sign

[31:57]it so the tone of the hadith is what there are people

[32:04]who don't believe in homes it's not in their school of thought

[32:07]it's not in their religion and you constantly deal with them the

[32:10]amount understand I'm says you relief from paying the crumbs question as

[32:14]she our Father who dies who has not paid his home's do

[32:21]these hadith apply to him or known the manager have said if

[32:26]he was an observant Shia who believed in the concept of combs

[32:29]but he was just sinful these hadees don't apply to him because

[32:32]he knew that this was an obligation he was just negligent with

[32:39]it so you have to free him from that obligation by giving

[32:42]the homes then receiving the inheritance but if that father let's say

[32:47]was from a sunni school of thought he did not even believe

[32:52]in homes the hadith clearly would apply to him so this is

[32:55]why some viraja have made this stipulation if this deceased was a

[33:00]person who did not really believe incomes never paid homes in his

[33:04]life in that case you can take the inheritance and you don't

[33:10]have to free him from his obligation because he did not even

[33:13]believe in that obligation to begin with but if he did believe

[33:15]in this obligation he was a little bit negligent with it you

[33:21]would have to freak his obligation that's the photo of the Manoj

[33:24]yes brother so if he was a Shia according to these scholars

[33:34]and he completely rejected the idea of clubs like some people say

[33:40]right it's a fabrication who made this up I don't believe in

[33:42]it at all and they never paid homes in their life according

[33:45]to these Moraga they say in that case you as the Wada

[33:49]tha's the inheritor you don't have to put their homes on the

[33:51]side just take everything from them as your inheritance now a very

[33:58]quick question here you could argue wait a minute Islam is being

[34:01]lenient with the one who's not fulfilling this obligation and the Islam

[34:05]is being hard on the one who believes in homes it's the

[34:10]actual it's the other way around see if that person believed in

[34:13]homes now they were a little bit negligent Allah wants their Allah

[34:19]wants them to be free from that obligation because remember in the

[34:24]bettors earth Allah will ask us there was money that you had

[34:27]to pay so Allah commands the inheritors free him for your father

[34:31]from that obligation he believed in homes ok now he was a

[34:34]little bit negligent help him out save him well after his death

[34:40]but if the person never even believed in that obligation what do

[34:43]you want to save him for when he never even believed in

[34:45]it to begin with it says if Allah does not give him

[34:51]that you know privilege so when the inheritors free their deceased from

[34:55]this obligation it's actually a privilege to those inherited the not the

[35:01]inheritors the deceased those who leave inheritance yes doesn't leave any assets

[35:19]behind if the deceased dies he doesn't leave any assets behind he

[35:28]old homeless in his life he never paid it he did believe

[35:35]in it if the children would like to free him from his

[35:39]obligation so Allah forgives him it is encouraged that they pay homes

[35:43]on his behalf but they're not obligated they can just come up

[35:49]with a rough estimate for example the the son says you know

[35:51]here's $10,000 Allah I don't know how much my father old homes

[35:54]but I want to pay this and I ask you to relieve

[35:56]him from this obligation he doesn't have to he's not required by

[36:00]Islamic law to do that but out of his own good will

[36:04]if he does that that's the greatest service he can do to

[36:08]his father in fact we have Hadees that say there are children

[36:11]who are dutiful towards their parents but on the day of Allah

[36:15]will resurrect them undutiful ark they will say Allah I was good

[36:21]to my parents our last panel Tejada will tell this person when

[36:24]they passed away you forgot about them not a good deed not

[36:29]a prayer not charity not trying to relieve them from their obligations

[36:33]you forgot about them and your parents needed you more after their

[36:36]death than when they were alive so out of goodwill you can

[36:39]but you're not obligated it's not an Islamic obligation what time is

[36:48]so not tonight ok so we have a few more minutes so

[36:52]this is discussion on someone who passes away and you do know

[36:58]you have certainty that they did not pay their homes you have

[37:00]to pay that amount if you know the amount that's why it's

[37:03]recommended my dear brothers and sisters to write your will in your

[37:08]will if you have these missed obligations write them that way you

[37:11]don't confuse the inheritors you know they don't know what's going on

[37:15]and that way when it's in your will at least this is

[37:19]one way to guarantee that you will be freed from this obligation

[37:22]because we have very very strict hadiths that every single did ahem

[37:27]every single dollar Allah will hold us accountable for so it's highly

[37:31]recommended to write this in your will yes las upon o to

[37:42]Allah is merciful if a person never paid comes in their life

[37:50]not out of stubbornness not out of rejection there are some people

[37:57]they know what their obligation is but they don't care they don't

[38:01]care about God's law they are told they dismiss it right so

[38:04]they have this intent of not obeying God we cannot stay you

[38:09]know we still cannot say Allah so Allah is going to take

[38:12]them to hell because Allah reserves the right to forgive whom ever

[38:17]he wishes but it's tougher for them yes because they were stubborn

[38:19]with God's law but let's say you had a decent very good

[38:22]person who really did not know that this was an important obligation

[38:27]they didn't know any better never across their mind or they grew

[38:31]up in a family environment where this was not even mentioned or

[38:34]raised they did not know the significance of it yes of course

[38:38]there's a lot of room for forgiveness unless a panel to honor

[38:41]those who are stubborn with him he punishes them an imam ali

[38:46]ali Saran refers to this in dhaka man went to hell did

[38:48]the fee hell more a nadine in fact the hadith says there

[38:53]are more on its stubborn people even on the day of judgement

[38:55]when they see the truth they still defy allah subhanaw taala yes

[38:58]believe me there are people like that we see it here in

[39:02]this world with some criminals even when they're put on trial like

[39:04]Saddam when he was put on trial till the last minute he

[39:08]denied that he did anything wrong and the judge would tell him

[39:10]all these thousands that you're Slattery's like yeah they deserved it see

[39:13]even when everything on the day of judgement believe me he's gonna

[39:19]say the same thing he still won't genuinely admit that he did

[39:22]wrong okay what do you say what do you do with people

[39:24]like that and I might even have you thought it says it's

[39:26]these winding that are going to get the you know eternal punishment

[39:29]in hell otherwise Allah Spanish Allah will forgive a person whose intentions

[39:34]were good they didn't know any better there's still that fault for

[39:40]not learning and knowing but Allah forgives okay now another discussion here

[39:50]that some scholars have mentioned if you know someone died and they

[39:56]did not pay their homes and let's say they did not they

[40:01]did not they had the habit of not paying the homes it's

[40:05]not that they did not believe in it but consistently throughout their

[40:07]life they did not pay homes some scholars like I to la

[40:13]Hui their fatwa is the buy lives the elders the inheritors the

[40:16]one offend those who are violent they have to put the homes

[40:21]aside but the younger ones who are not bother you give them

[40:23]the full inheritance so he's made a distinction between the body and

[40:26]those who are younger some viraja have said that maybe the mainstream

[40:33]have not said that one other discussion here about inheritance life insurance

[40:39]if someone dies and their family gets life insurance do they have

[40:44]to pay close on that life insurance or no well it depends

[40:50]on whether we consider this if inheritance or not because if you

[40:53]remember from last year if you receive earth inheritance do you have

[40:57]to pay homes on it no coach does not apply to inheritance

[41:03]so if you got $10,000 from your father and it stays for

[41:06]10 years with you and you don't touch her you don't appear

[41:10]on your home's on it because it's one of those categories which

[41:13]our homes exempt we have a hadith about that you inherited a

[41:16]house from your father right you never lived in that house it's

[41:21]not your expense in fact it's an investment house yes the rent

[41:24]that you collect will fall under the category of homes if it

[41:26]stays at the end of the year but the house itself is

[41:29]closed exempt for life because that's inheritance that you received homes does

[41:35]not apply to inheritance life insurance is that inheritance or no what

[41:44]do you say what do you say so now the family receives

[41:54]it upon the death of that deceased right well before that the

[42:05]day they receive it the person dies right the father dies his

[42:09]family goes next day to collect the life insurance the day they

[42:16]collect the life insurance is that inheritance a lot of scholars say

[42:20]no why they're like that money from the life insurance company is

[42:23]not money that your dad owned in his life and now he's

[42:28]passing it to you it's just compensation that a company is giving

[42:31]you upon the death of your father your father never owned it

[42:36]was never has money it's your money but the timing given is

[42:40]the death of that person so a lot of scholars don't consider

[42:44]this as if the like that's just like a gift that you

[42:46]get life insurance basically is a gift that's due upon the death

[42:51]of a person that's the reality of it isn't it did he

[42:55]own it in his life he never owned it when did he

[43:01]own it could he take that money on spend it on himself

[43:03]so he never owned it see that's the question in an Islamic

[43:09]law of the managers can ask the following question the guy who

[43:13]was paying monthly to get that life insurance for his family question

[43:20]did he own that money if he owned it fine it's inheritance

[43:24]he left it behind for his family but the argument that the

[43:27]scholars are making and like our understanding of most types of life

[43:31]insurance now even life insurance you have thousands of times types it

[43:37]can get complicated but most types the person the deceased never really

[43:42]owned that money he was paying it so his family would own

[43:44]it in the future but he never really owned it so when

[43:48]he dies they get that money it's just like a gift that

[43:51]you get right if the year passes and you did not spend

[43:55]it you would have to pay for homes on it yes if

[43:58]they spent it in that year let's say as soon as they

[44:01]got the life-insurance money they all spent it for their expenditures they

[44:04]bought a house they bought a car whatever no flumps but we're

[44:07]saying if it stayed till the end of the year that's the

[44:10]difference if we consider it inheritance no crumbs would apply even if

[44:19]it stays till the end of the year is it a gift

[44:23]is it a gift life insurance is that a gift what is

[44:26]it if society considers it a gift then the merger who says

[44:32]that no homes is applicable on the gift yes we can say

[44:35]that it doesn't apply right see it's it's not money that he

[44:44]owned it's not really a gift in business so your family but

[44:53]you never owned it legally and the proof is you could never

[44:56]use that money can you go to the life insurance company and

[45:04]say hey give me that money they can't you can't pull it

[45:09]out so if I've given them $10,000 the past few years I

[45:12]can pull it out it has value [Music] okay so then it

[45:35]depends on the type of contract that you have they still get

[45:44]that too so so we have to investigate whether the person owned

[45:52]it or not it makes a big difference you know why if

[45:54]you say the person never owned it in his life that money

[45:59]is free money for you if the guy had debts he had

[46:04]homes I don't care that's money that I got right now as

[46:06]a gift see even if you know your father had clubs that

[46:10]he had to pay the money you get from the life insurance

[46:13]is completely yours has nothing to do with his finances but if

[46:18]we assume in his lifetime he owned it then we have to

[46:21]include it with his other assets and divided accordingly he makes a

[46:27]big difference whether we consider inheritance or not big difference let's say

[46:32]your father died with debts in fact he died with zero money

[46:37]in his account and he was indebted if that money the life

[46:39]insurance was his in his lifetime he owned it you don't get

[46:44]anything from it you have to give it to those whom he

[46:45]was indebted to because it was his money so it has to

[46:49]go towards his debts but if you consider it as money that

[46:54]was given to you and it was never owned by him it's

[46:56]not inheritance that money is yours you don't have to use this

[47:00]money to fill his debts so it makes a big difference whether

[47:02]we consider it his money in his lifetime and he leaves behind

[47:08]us inheritance or it's just you know another transaction that they're benefiting

[47:11]from so it's important to kind of ask and see what what

[47:16]what's going on with these life insurance yes sister yes it goes

[47:23]out of your expenses so the money let's say you're paying $500

[47:29]a year for that life insurance that is an expense because in

[47:35]today's society that is considered an expense you paid that money oh

[47:39]allah allah sayidina muhammadin hualien tell you being apply honey

0 Comments

Volgende

97- (1) Islamic Law (Fiqh) - Khums and Inheritance - Sayed Mohammad Baqer Qazwini

Transcript

Volgende

Ontdek meer

Houd er rekening mee dat als u jonger bent dan 18 jaar, u geen toegang kunt krijgen tot deze site.

Volgende

97- (1) Islamic Law (Fiqh) - Khums and Inheritance - Sayed Mohammad Baqer Qazwini

Transcript

Volgende

Ontdek meer

Kies een betaal methode

Taal