Fikih muamalah || Kaidah Al kharaj bi Al dhaman

Summary

This video explores the concept of responsibility and fairness in transactions, drawing from Islamic teachings and examples. It covers the principles of ‘al-khairu bid-domān’, emphasizing the balance between benefits and responsibilities. The script includes practical examples such as return policies in sales, how benefits derived from a product are handled, and the responsibility for damages or benefits obtained from goods. The video also highlights the rights of both buyers and sellers, using historical anecdotes from the time of the Prophet Muhammad (PBUH) and figures like Khalifah Umar bin Abdul Aziz to explain these principles.

Takeaways

• 😀 The principle of *al-khair wa al-doman* (benefit and responsibility) asserts that the one who takes benefit from an item must bear responsibility for it if the item is damaged or returned.
• 😀 In a transaction where a defective item is returned, the buyer must compensate for any benefits taken from the item, especially if those benefits are inseparable from the item.
• 😀 *Ziyadah Mu'tazilah* refers to benefits that are inseparable from the item, such as milk from a cow or value added to a product. These benefits must be compensated when the item is returned.
• 😀 *Ziyadah Munfasilah* refers to benefits that can be separated from the item, like profit from using a car as a taxi. These benefits do not need to be reimbursed when the item is returned.
• 😀 The return of an item with defects is a common cause of dispute between buyers and sellers, especially regarding the compensation for benefits already obtained.
• 😀 In a transaction involving an animal, if the buyer has used the animal and gained benefits (e.g., milk or offspring), they must compensate for those benefits if the item is returned due to a defect.
• 😀 Khalifah Umar bin Abdul Aziz ruled that when animals are returned due to defects, benefits gained from their use (e.g., milk or labor) do not need to be compensated by the buyer if the benefits are separable.
• 😀 The *Mudharabah* contract, a profit-sharing agreement, ensures that neither the investor nor the worker has to repay the profits gained if the contract is dissolved, but both must return the initial capital.
• 😀 In transactions like the sale of vehicles, if the vehicle is used to earn income (e.g., as a taxi) and then returned with defects, the seller is not entitled to compensation for the income generated from its use.
• 😀 Disputes in transactions often arise from misunderstandings regarding the ownership of benefits derived from items, especially when benefits are considered inseparable (e.g., milk from livestock).

Q & A

What is the main principle discussed in the video?

The main principle discussed is the concept of 'al-khair man', which refers to balancing the benefits gained from a transaction with the corresponding responsibilities. Specifically, it addresses situations where an item is returned due to defects, and whether the benefits derived from it must be compensated.

What does 'al-khair man' mean in the context of transactions?

'Al-khair man' refers to the principle that the benefits gained from a transaction should be balanced with responsibilities. In Islamic transactions, if a benefit is derived from an item, the person benefiting from it must also bear responsibility if the item is defective or returned.

When a buyer returns a defective item, are they required to compensate for the benefits they obtained from it?

No, a buyer is not required to compensate for the benefits derived from the item if those benefits are 'munfashilah' (separable). For example, if a goat produces milk after purchase, the buyer does not need to return the milk if the goat is returned.

What is the difference between 'ziyadah mu'tazilah' and 'ziyadah munfashilah'?

'Ziyadah mu'tazilah' refers to benefits that are inseparable from the item, such as milk from a cow or the growth of a tree. If the item is returned, the buyer must compensate for these benefits. 'Ziyadah munfashilah' refers to benefits that are external and separable, like earnings from a vehicle used as a taxi, which do not need to be compensated for when the item is returned.

Can benefits like milk from a cow be separated from the cow in an Islamic transaction?

No, benefits like milk from a cow are considered 'ziyadah mu'tazilah', meaning they are inseparable from the cow itself. Therefore, if the cow is returned due to defects, the buyer must compensate for the milk or other inseparable benefits.

How should a buyer handle benefits gained from an item that is 'ziyadah munfashilah'?

For benefits that are 'ziyadah munfashilah', such as earnings from using a vehicle or fruit from a tree, the buyer does not have to compensate for these benefits when returning the item. These benefits are considered external and separate from the item itself.

What is the Islamic ruling when a thief returns stolen property?

If a thief returns stolen property, they are not required to return the benefits they derived from it, particularly if those benefits are 'munfashilah' (external and separable). For example, if a person stole a goat and it produced milk, the thief is not obliged to return the milk.

How does the principle of 'al-khair man' apply to transactions like mudhorobah?

In a mudhorobah (profit-sharing) transaction, the capital provider is entitled to their share of the profits. However, neither the provider of the capital nor the worker is obligated to return the profits once the transaction ends. Both parties must return only the original capital invested.

What happened when Khalifah Umar bin Abdul Aziz ruled on the return of defective goods?

Khalifah Umar bin Abdul Aziz ruled that when a defective item is returned, benefits derived from the item that are 'ziyadah munfashilah' (separable benefits) do not need to be reimbursed by the buyer. This ruling was based on the understanding that such benefits are external and can be separated from the original item.

What is an example of 'ziyadah munfashilah' from the video?

An example of 'ziyadah munfashilah' from the video is when a vehicle is used as a taxi. The income earned from using the vehicle for transportation is considered a separate benefit that does not need to be reimbursed when the vehicle is returned due to defects.