Does Ḥaram Money Become Ḥalāl Via Inheritance? | Ask Shaykh YQ - EP 268 | Shaykh Yasir Qadhi

Yasir Qadhi
19 Oct 202225:07

Summary

TLDRThis video addresses the complex issue of inheriting wealth that may have been acquired through Haram (forbidden) means. The speaker outlines different scholarly opinions, emphasizing that it's not the inheritor's obligation to investigate the origin of the wealth unless it's clearly Haram. The majority view is that if the wealth is known to be Haram, it should be disposed of or given in charity. A middle-ground opinion allows inheritors to keep the wealth if the Haram origin is generic, but they should still purify it through charity. The discussion balances religious caution with practical considerations.

Takeaways

  • 📜 Inheritance of wealth does not obligate one to investigate its origin.
  • ⚖️ If the inherited wealth is known to have been earned through clearly Haram means, the inheritor must address this issue.
  • 📚 Scholars have unanimously agreed that without suspicion, inherited wealth is permissible.
  • 🔍 No obligation exists to research the source of inherited wealth unless clear knowledge of its Haram origin exists.
  • 🕵️ For ambiguous sources, respect the possibility that the deceased may have followed a legitimate opinion.
  • 🍷 Clear-cut Haram sources, such as earnings from a liquor store or bribes, must be treated differently.
  • 🛑 If inherited wealth is known to be from clear Haram sources and no repentance was made, it remains Haram for the inheritor.
  • 🏛️ Majority opinion: inherited wealth from Haram sources should be given away or returned to rightful owners if known.
  • 💸 The third, balanced opinion: differentiate between specific Haram (requiring restitution) and generic Haram (allowing retention with caution).
  • 🙏 Inheritors should strive for piety, giving Sadaqah to purify wealth if the origin is suspected to be Haram.

Q & A

  • What is the main concern of the individual asking the question in the transcript?

    -The individual is concerned about inheriting wealth from his father, knowing that a portion of it was earned through Haram (forbidden) means, and whether it becomes Halal (permissible) for him after inheritance.

  • What is the default ruling in Islam regarding inheriting wealth without knowledge of its source?

    -The default ruling in Islam is that when one inherits money, they do not need to investigate the source of the money. It is assumed to be Halal unless there is a clear reason to believe otherwise.

  • How does the speaker differentiate between clear-cut Haram and ambiguous (gray area) Haram in the context of inheritance?

    -The speaker differentiates by stating that clear-cut Haram, such as money from a liquor store, bribes, or embezzlement, is undoubtedly impermissible. In contrast, money from ambiguous sources, where scholars have differing opinions, is not as straightforward and may not necessarily be Haram.

  • What should a person do if they know that a portion of their inheritance was earned through clear-cut Haram means?

    -If a person knows that a portion of their inheritance was earned through clear-cut Haram means, they should not take that portion. Instead, they should try to return it to the rightful owner, and if that is not possible, they should give it to charity.

  • What is the majority opinion among Islamic scholars regarding inheriting Haram wealth?

    -The majority opinion among Islamic scholars is that inheriting Haram wealth does not make it Halal. If the money was earned through Haram means and this is known, the inheritor should not accept it as part of their inheritance.

  • What is the minority opinion regarding the inheritance of Haram wealth?

    -The minority opinion is that the sin of acquiring Haram wealth lies with the deceased, and the inheritance process makes the wealth Halal for the inheritor. However, this view is not widely accepted among scholars.

  • How does the speaker suggest dealing with money that was earned through ambiguous or disputed means?

    -The speaker suggests that if the money was earned through ambiguous means (where scholars have differing opinions), the inheritor is not required to reject it. However, it is better to be cautious and give some of it in charity as a precaution.

  • What does the third opinion mentioned in the transcript suggest about inheriting Haram wealth?

    -The third opinion, which the speaker finds most reasonable, suggests differentiating between types of Haram wealth. If the wealth was unjustly taken from specific people, it should be returned. If it was generically Haram (e.g., earned through riba or bribery), the inheritor may keep it, though giving some in charity is recommended.

  • What is the speaker's advice for someone who wants to ensure their inherited wealth is pure?

    -The speaker advises giving some of the inherited wealth in charity to purify it, especially if there is any doubt about its permissibility. This approach aligns with a cautious and pious stance.

  • What role does the concept of 'ijma' (consensus of scholars) play in the speaker's argument?

    -The speaker mentions 'ijma' to support the default position that inheriting wealth does not require investigating its source unless there is a clear reason to believe it was earned through Haram means. The consensus of scholars holds that without suspicion, inherited wealth is assumed to be Halal.

Outlines

00:00

💰 Inheriting Wealth with Haram Origins

The speaker introduces a query from an individual who inherited wealth from a father who engaged in both halal and haram business practices. The son is concerned whether the inherited money, which may contain haram elements, is permissible (halal) for him to use. The speaker explains the Islamic stance on inheriting wealth without needing to investigate its origin, especially if there is no suspicion. Scholars agree that the default ruling is permissibility when there is no evidence of haram involvement.

05:02

⚖️ Differentiating Between Clear-Cut Haram and Gray Areas

The speaker emphasizes the importance of distinguishing between clear-cut haram practices (e.g., operating a liquor store, taking bribes) and those in gray areas, where scholars may differ in opinion. If the haram nature of the wealth is ambiguous or debatable, it is advised not to consider it haram. However, if the wealth is clearly haram, the concern is valid, and further consideration is needed. The speaker suggests that if the father followed a legitimate but minority scholarly opinion, the wealth may still be halal.

10:02

🔍 Three Scholarly Opinions on Inherited Haram Wealth

The speaker outlines three main scholarly opinions on whether inheriting haram wealth becomes halal. The first, a minority view, argues that the sin is on the father, and the son can use the money. The second, the majority opinion, states that haram money remains haram, and the son must not use it. The third, a middle-ground approach, differentiates between wealth that can be traced to specific individuals and generic haram income. The speaker finds the third opinion most reasonable, suggesting that only wealth with identifiable rightful owners must be returned or given in charity.

15:02

🛑 Majority View: Haram Wealth Remains Haram

The majority of scholars believe that inherited haram wealth remains haram, and it is not permissible to use it. If one knows the money's origins are haram, they should return it to its rightful owners or, if unknown, donate it to charity. This view is strongly supported by Islamic legal schools and scholars like Ibn Taymiyyah, who argue that the original haram nature of the wealth doesn't change through inheritance.

20:05

⚖️ Middle-Ground Approach: Differentiating Between Specific and Generic Haram Wealth

The third opinion offers a middle ground, suggesting that only haram wealth directly tied to specific individuals must be returned or given in charity. For generic haram income, where no specific person was wronged, the inheritor is not sinful if they choose to keep it, though giving charity is recommended. This view is seen as a practical and fair approach, balancing piety with the reality that not all haram wealth can be easily traced to its rightful owners.

Mindmap

Keywords

💡Inheritance

Inheritance refers to the process through which wealth or assets are transferred from a deceased person to their heirs. In the video, the question revolves around whether the inherited wealth is permissible (Halal) if it was acquired through Haram means.

💡Halal

Halal means permissible according to Islamic law. The video discusses whether inherited money becomes Halal for the inheritor if it was initially earned through Haram (impermissible) activities.

💡Haram

Haram means forbidden according to Islamic law. The video focuses on whether money earned through Haram means, such as dealing with riba (interest) or selling prohibited products, remains Haram when inherited.

💡Riba

Riba refers to interest or usury, which is prohibited in Islam. The video mentions that the deceased father engaged in businesses involving riba, raising concerns about the permissibility of the inherited wealth.

💡Gray area

Gray area refers to matters that are not clearly defined as Halal or Haram and may have differing scholarly opinions. The video discusses how to approach inherited wealth if the deceased was involved in transactions that fall into this gray area.

💡Ijima

Ijima is the consensus of Islamic scholars on a particular issue. The video cites the unanimous agreement that inheritors are not obligated to investigate the sources of inherited wealth unless there is clear evidence of it being Haram.

💡Repentance

Repentance involves seeking forgiveness from Allah for sins committed. The video notes that if the deceased repented and gave charity to make amends for past Haram earnings, the question of the wealth's permissibility may not arise.

💡Transaction

A transaction is the exchange of goods or services between parties. The video differentiates between regular business transactions, which can make Haram money Halal, and inheritance, which is not a transaction but a transfer of wealth.

💡Sin

Sin refers to an act that goes against Islamic law. The video emphasizes that the sin of earning Haram money lies with the deceased, but the inheritor must consider whether the inherited wealth itself is permissible.

💡Charity (Sadaqah)

Charity, or Sadaqah, is the act of giving to those in need. The video suggests giving the Haram portion of inherited wealth to charity as a way to purify it if the specific rightful owners cannot be identified.

💡Ownership transfer

Ownership transfer is the change of possession from one person to another. The video explores whether the act of inheriting wealth, which involves ownership transfer, can purify Haram money, making it Halal for the inheritor.

Highlights

The default ruling in Islamic inheritance is that one does not need to investigate the source of the inherited wealth.

There is a consensus among Islamic scholars that if there is no suspicion regarding the source of the wealth, it is permissible to accept it.

If the deceased's wealth is known to have been acquired through clear-cut Haram means, the inheritor must consider whether the money remains Haram.

The difference between gray area transactions and unequivocally Haram transactions is critical; inheritors should distinguish between them.

If the Haram wealth was acquired through universally agreed-upon Haram activities (e.g., selling alcohol, taking bribes, embezzlement), the question of whether the inheritance is Halal becomes valid.

Repentance by the deceased for Haram earnings can change the ruling on the inheritance, making the money Halal for the inheritor.

There are three main opinions among scholars regarding the inheritance of Haram wealth: the minority view that inheritance makes the money Halal, the majority view that Haram wealth remains Haram, and a middle opinion that differentiates between types of Haram wealth.

The minority opinion holds that inherited wealth becomes Halal regardless of its source, based on the idea that the sin does not transfer with the money.

The majority opinion asserts that Haram wealth does not become Halal through inheritance, and the inheritor must return or dispose of the Haram portion.

The middle opinion suggests that if the Haram wealth has specific owners, it must be returned; if it is generically Haram with no clear claimants, the inheritor may keep it, though it is better to give it away as charity.

The concept of sanctity (Hurmah) in wealth means that certain types of Haram wealth are too severe to be inherited and must be returned or given away.

The burden of dealing with Haram wealth is not transferred to the inheritor if the original owner repented and corrected the wrongdoing.

The inheritor should estimate the amount of Haram wealth if not precisely known and give that portion away in charity.

In cases where the source of the wealth is a gray area, it is advised not to question the inheritance, as different scholars may hold varying opinions on the matter.

The final decision should be based on the inheritor's conscience, aiming for what is most cautious and pious in their particular situation.

Transcripts

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a brother who has asked his name to be

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withheld from California emails that he

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has inherited a certain amount of wealth

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from his father who recently passed away

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now his father was a businessman who had

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many businesses and uh the man says this

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person says that I know that not all of

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his businesses were Halal especially in

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his earlier years he would deal with

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riba and he sold Haram products meaning

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the father would have Haram businesses

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and the son says there is no doubt that

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a portion of the wealth that he earned

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is Haram however now that my father has

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passed away and this money is coming to

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me does that make the money Halal for me

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that is the question we're going to deal

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with in the first part of our uh session

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today

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one

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uh foreign

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when it transfers the ownership from a

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deceased person to the inheritors first

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let us Begin by saying the default the

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default is that when one inherits money

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that one does not have to ask about

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where this money came from one does not

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have to go back to the tax receipts and

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to go back 10 20 30 40 years you do not

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have to do any research if a deceased

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relative has left you money it's not

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your obligation to find out so for

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example if you find out your uncle has

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passed away and you are the inheritor

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you did it or or he left you know a

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deceased relative left for you one third

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of his wealth which is of course

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completely Islam it's not your

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obligation to find out what was his

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occupation where did he earn every

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single penny from on the contrary the

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default is that when there is no

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suspicion you don't raise any suspicion

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and in fact this is the unanimous

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consensus of all the scholars of Islam

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Imam and Noah we the famous scholar of

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the shafri school remarks

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excuse me in his much more volume 9 page

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428

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that's

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whoever inherits money

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and he doesn't know where this person

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obtained the money from was it from

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Haram was it from Halal and there's no

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suspicion it's just that you don't know

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then he said it is permissible by ijima

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of the scholars okay so first point here

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it's not your job to go research second

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point in this case you are saying it's

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my father and I know he was involved in

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Haram so we get now to the second point

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what do you mean my dear brother by

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Haram

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do you mean that which is unanimously

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agreed upon to be Haram

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or do you mean that which had a gray

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area and which some Scholars said oh we

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shouldn't do this transaction and others

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said no it is permissible in my humble

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opinion if the matter was gray area I.E

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where you have two different opinions

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and a group of respectable reputable

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said this transaction is Haram and

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another group of reputable mainstream

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ulama said that no this is actually a

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Halal transaction then it is not your

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job to uh choose one position for your

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father over another and you should have

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a good opinion of your father that maybe

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your father did research and he followed

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an opinion that maybe you don't think is

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the the stronger one but it is still

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within the acceptable framework of Islam

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so for example and and here my point is

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that when you say your father did Haram

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right again I'm just pushing a little

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bit back and saying are you sure that it

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was clear-cut Haram or was it an

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ambiguous area that makes you

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uncomfortable but perhaps for your

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father you know he asked the verdict and

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he was completely permissible for this

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so my second Point Let's distinguish

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between that which is without a doubt

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Haram for example a person owns a liquor

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store there is no question question that

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is held up and the money that it is

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acquires is Haram and the money is

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cursed or for example a person takes

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bribes or for example a person embezzled

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funds working for a corporation or a

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bank or for example a person outright

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stole literally stole something from

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another person right there is no

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question this is unambiguous there are

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no two opinions clear-cut Haram in this

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case yes your question is valid and it's

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to his point that my father did Haram I

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know he did Haram now that he's passed

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away I'm inheriting the money is it

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Halal for me that's a legitimate

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question or

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did your father enact transactions that

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are ambiguous gray some people said

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Halal others said hello for example

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mortgage loan a lot of people say oh my

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father had a mortgage

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and I don't think mortgages are Halal

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but he had a mortgage and now I inherit

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the house and we say to this brother

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subhanallah you know your father

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inshallah followed a mainstream and I

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have a longer lecture about mortgages

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don't make the issue that which is great

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to be like the issue which is clear-cut

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right or another example again I have a

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very clear opinion about life insurance

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I do not think it is permissible

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personally I do not think it is

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permissible I have a longer queue and

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now you can find it online on this very

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Channel you can find my explanation of

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life insurance nonetheless whether I

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like it or not I cannot deny that a

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group of reputable mainstream ulama have

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their reasonings and logic and they have

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opined that uh given the world we live

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in life insurance is permissible I

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strongly disagree I strongly I don't

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have life insurance and I anybody comes

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to me I say we should not get life

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insurance but now you say to me that oh

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my father had life insurance right and I

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think it is hard on but he had it that

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his opinion you know what whatever it

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was am I allowed to take it and I and I

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say here well we cannot equate a gray

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area area where there are two opinions

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with that which is clear-cut and in my

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humble opinion you should not be asking

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about a gray area and you know I mean

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obviously if you want to be and you

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mashallah very very cautious and

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following taqwa to the maximum no doubt

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if you want to give it no problem or

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wait till but I would say if your father

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followed a 50 position that you disagree

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with well that should not make it any

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issue for you and insha Allah of your

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father that he followed a position about

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mortgages about something that you know

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uh uh might be a minority for you but

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still it should be within the mainstream

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and therefore it is not even a question

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of Haram and Halal it's a question of

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your father following a meth Hub or a

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position other than your own and so it

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would not become impermissible for you

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in the slightest Allah knows best now

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let us return to the fact that what if

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it was clear-cut on so there must be two

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conditions in order for you to ask this

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question the first condition you know

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for certain that your father or whoever

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you're inheriting the money from

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acquired Haram money again it is not

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your obligation to do research and were

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you to do research for no reason

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honestly this is a type of sin because

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you're going Beyond and you're going to

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a level of what is called you're doing

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above and beyond what the law requires

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and it is uh actually uh detrimental to

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your Iman and taqwa to go to this level

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we don't ask

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when we don't go beyond what we should

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ask about however in this case it's your

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father so obviously you grew up with him

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you know where his money is coming from

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and perhaps you had some back and forth

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and you're and you're getting angry

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inshallah I hope if you if it was

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clear-cut on I hope that in Charlotte

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once you are a full-grown man that you

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have have conversations with your father

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for example why did you I'm just giving

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an example why did you own a liquor shop

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you should not own one get rid of this

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repent to Allah now obviously again if

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your father repented in his lifetime

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gave up that Haram business and gave

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charity to make up for that then once

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again this question does not arise okay

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so a past sin and a past acquisition of

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harammani that your father repented from

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and did not have a continuous income

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from and inshallah gave you know

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repentance between him and Allah and

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gave that charity what not once again

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it's not your business that once upon a

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time your father earned Haram don't

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worry about it so clear-cut Haram

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and you know this for a fact without you

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you know doing any type of of research

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on this and that this money is still in

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his possession again we're not talking

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about a repentance with all of these

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conditions now your question is

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legitimate I hope you understand if any

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of these other conditions are not met

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you did not know it was Haram you're

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just you're going above and beyond or

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it's a gray area or it was a past sin

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that he repented from then this question

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should be null and void and you should

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not ask it and the money is halal let us

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go now to what if all of these

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conditions are met and so you know for a

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fact that it is Haram it is clear-cut

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Haram unambiguous for example uh stolen

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money for example embezzlement for

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example fraud and no repentance was done

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and that is still a part of the

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inheritance right that is still a part

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of you know what is owned by your father

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now to answer this question we get to

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this is the the precursor now we get to

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answering your question so

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is it permissible to obtain Haram wealth

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via inheritance or we can rephrase the

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question does the transaction of

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inheritance make that which was Haram

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into Halal okay in order to answer this

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question I'll summarize for you the

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three main opinions about this uh the

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first opinion minority opinion is that

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uh and this is a very minority opinion

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really and that is that the money is

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completely had

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and whatever sins your father or anybody

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else has done is upon your father and

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you are absolutely you know scot-free to

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take this money in his entirety

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now this opinion was held by a number of

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early Scholars

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such as

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and from the madiki scholars the famous

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uh compiler of the Maliki and the one

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who extrapolated so many fatal and

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whatnot and uh there and others as well

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and their main evidence was that the sin

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of the person is on the one who the the

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ozone The Sinner and the sin does not

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transfer to anybody else and as Allah

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says in the Quran

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that no person shall bear the sins of

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another so the fact that your father

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committed a sin and earned Haram money

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should not have any impact on you and

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also the fact that generally speaking

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exchanging something between owners

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exchanging the ownership of something

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transferring the ownership of something

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nullifies the previous claims on that

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item meaning give you a simple example

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suppose a a person who owns a liquor

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store suppose a a drug King you know

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somebody who's a mafia and you know his

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Mafia you know he's involved in the drug

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industry and you are masha'allah a clean

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pure Halal grocer you sell vegetables

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you sell apples and oranges and bananas

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and potatoes right and this drug Mafia

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comes in and you know this guy's a

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criminal and he hands you ten dollars

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and he wants to buy bananas is this

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transaction halad pretty much by

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unanimous consensus because he's buying

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bananas from you and you don't have to

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ask this person where did he get his

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money from if we were to start going to

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this level then the whole world would go

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you know we would not be able to have

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any transaction so the fact that when a

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person whom you know to have Haram money

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you know uh uh has a business

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transaction with you that is halal it's

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not your business to find out where did

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that person's money come from or else

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obviously and even if you know it to be

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you know that this person is a criminal

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and he has what not now if you were to

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be safe and say I don't want to do

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business and you know that's up to you

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but to say that it is Haram really

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hardly any scholar said that so

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the scholars who said that because a

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transfer of ownership makes the Haram

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basically into Halal so for example the

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person uh you know uh uh as I said has

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had our money but he engages in a

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business transaction with you that is

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halal that's not your business your

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transaction is halal with him so they

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said by analogy so too via inheritance

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so too just like if they did a business

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transaction that money would become

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permissible so too the person has died

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so the person did the sin therefore the

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transfer of inheritance will make the

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originally Haram money it will make it

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Halal for you now this is a minority

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opinion the vast majority of Scholars

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push back at this and they said no

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actually we cannot make these claims

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simply because as for Point number one

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nobody's talking about Sin there's no

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question the son is not guilty for the

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sins of the father but we're talking

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about you know for a fact this money is

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Haram can you take it right that's a

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separate question altogether in the

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question of sin the fact that the father

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is a sinner doesn't mean the son is the

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sinner but the question now is that is

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the son sinful acquiring the sinful

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money that's the question here and the

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vast majority bulked at this and said we

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cannot just make a simple extraction

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from the verse as for the issue of

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transactions uh transforming ownership

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and making the Haram basically into uh

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Halal we say

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the other scholar said that this is not

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like a regular transaction you are not

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exchanging any Goods the man is not

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buying any groceries from you on the

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contrary this is an aqua an acquisition

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without any effort this is acquiring the

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wealth of somebody else because of their

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death you didn't do anything you're not

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paying anything in return this is

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essentially a free gift to you and you

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have a bit of a higher burden now that

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is this something permissible for me or

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not so they basically said you cannot

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make an analogy between you know a a

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person walking into your Halal store for

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a Halal transaction with his head on

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money you cannot make this analogy with

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inheritance because you're not giving

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anything in return and so they said that

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it is an incorrect analogy so this is

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the first opinion minority opinion that

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says it is halal obviously I already

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told you that there are two or three

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opinions the second opinion I've already

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given you their evidence is they refuted

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the first one and they said the second

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opinion is that an inheritance does not

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transform the Haram money into Halal for

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you and that that which was Haram

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remains Haram if you know that it is

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Haram and this is frankly the default

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position of the four schools of Sunni

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law the hanifi Malik and hambalis uh it

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is the position of

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and pretty much uh the the uh the

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default the majority the vast majority

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one can say uh is that the Haram money

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does not become Halal simply because of

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the death of the person involved and

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therefore

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uh you are not allowed to acquire the

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portion of the heart of the money that

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is

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that if you know the inheritance to be

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uh Haram and you know those whom it

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belongs to then you must return the

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money to Those whom it belongs to

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otherwise you must give from it and even

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abedin uh from the he says the same in

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Volume 5 page 247 the exact same thing

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that it is Haram to inherit Haram money

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regardless of whether you know who the

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original owners are or not if you know

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the money to be Haram then then it is

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Haram for you to inherit and

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was asked about

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a person uh who left uh money that had

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Haram elements in it uh is it Halal for

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the children to inherit that money and

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uh ebentamia responded

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the portion that the man the child knows

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that he took from riba so the question

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was the man would give riba loans and he

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would get extra money back from those

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riba loans this is unanimous Haram to

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give a loan of riba and take back more

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unanimously this is Haram as for

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mortgages as explained in the longer q a

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there is no unanimous you have a lot of

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gray area in this regard to give adeb

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alone is not the same as being forced to

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take and I've given a longer q a about

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that but the point is here ebentamia was

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asked a man would give loans and he

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would take riba from those loans he'd

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give a hundred thousand take back a

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hundred and ten thousand Eben tambia

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said the amount that the child who

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inherits the money knows to be from riba

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he must get rid of that loan

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and either return it to the one who gave

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the loan I the one to whom the loan was

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given or if he doesn't know who the

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person was he gives he gives it in and

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uh

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the Grandfather said that the mirath The

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Inheritance does not become Halal if the

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original money was Haram and this is the

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stronger in the correct opinion end

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quote so this is basically the standard

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and the default position and of course

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their evidences are logical their Common

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Sense their evidence is basically is

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that if the money was not permissible in

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the first place and since this is an

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inheritance it's not a transaction but

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essentially a free transfer of wealth

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because of death it doesn't make the

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Haram Halal simply because the person

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has died it wasn't allowed for him to

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acquire in the first place you knew it

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wasn't allowed for him to acquire now

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that you have access to the exact same

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you should either if you know for a fact

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how much it is you get rid of it or if

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you don't know you guesstimate because

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in the end of of the day hardly anybody

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has 100 head on wealth if a person is

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involved in Haram 10 20 30 50 80 percent

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is held on but clearly usually there's

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Halal businesses and other things that

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he's done so you should make a

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guesstimate if you don't know the exact

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and you get rid of uh that which is

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Haram if you know uh the people whom it

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belongs to you return to those people

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and if you don't then you give it

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because that money is not Halal for you

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and you shall be rewarded for your piety

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uh because you were Pious and cautious

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in this money so this is the majority

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opinion and it is the second opinion on

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our list

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and it is a good opinion and if you wish

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to follow it then that is fine uh the

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opinion that I find personally the one

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that makes the most sense to me is the

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third opinion and the third opinion is a

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middle opinion between the first and the

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second the third opinion is a middle

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opinion between the first and the second

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one and that is to differentiate between

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the types of how long

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so any money that had a specific owner

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and that you know for a fact that this

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money belongs to somebody else and the

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person whom you're inheriting from in

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this case your father took it unlawfully

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and unjustly and that that person is

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owed that money that you should and you

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must give it back to that person or to

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his inheritors or if you cannot contact

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him or it's going to cause more issues

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you give it in sadaqah on behalf of that

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person so uh if there was blatant

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stealing if you know this person I your

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father blatantly stole a piece of land

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or stole an amount of money from a

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person who deserved it and acquired it

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illegally and you know this for a fact

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then there is no question that you

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cannot continue to perpetuate this

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specific Injustice against a group of

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people that are known to you however

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if the money was generically Haram

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I.E it's not specifically belonging to a

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person but generically your father did

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things he should not have done uh uh and

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uh you know for example in this case

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let's give an example of uh uh

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embezzlement let's give an example of

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rishwa let's give an example of riba for

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example right this is generic Haram in

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the sense that uh the your father did

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not unjustly acquire surreptitiously

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steal a a person's specific right rather

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it was generic and there are no known

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people you can return the money to in

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this case the third group of Scholars

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says that even though it is better for

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you to get rid of that money you are not

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sinful if you acquire that money which

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was generically taken because there are

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no exact people you can give it to so

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rather than give it to a group of

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strangers your father did the sin the

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sin is on your father you do not carry

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the sin and since the money doesn't have

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specific rightful owners here that's the

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key point of the third group the third

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group says that well who are you gonna

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give it back you're going to give it

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back to some strangers or you're going

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to give it a sadaqah to some strangers

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well I mean your father did the sin

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rather than give it to a group of

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strangers the sin is on your father and

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you are allowed to but it's not

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encouraged if you want to be pure you

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want to be better and not give it uh uh

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you know not take it no doubt that is

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better for you but in and of itself uh

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it will not transfer the sin of that

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Haram money will not transfer to you

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because there are no specific claimants

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to that particular wealth and this is

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the position of a group of Scholars you

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will find them really amongst all of the

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the medahips some Scholars uh have a

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position basically it's modified 2A

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which is that uh two basically says all

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of the money should be given and 2A says

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well if you know specifically who the

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money is owed to you should give it

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otherwise generically if it's money that

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is generic and not specific then um

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you're not required to give it back

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because there's no person to give it

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back to and this is the festival you

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find it from Great Scholars like of the

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malikis also my own teacher this was the

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fatwa that he held and so he says for

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example

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that is

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that the money that is inherited becomes

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Halal for the one who inherits even if

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the one from whom it is inherited

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acquired it from Haram means

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goes on and says that

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if the person knows that this money is

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stolen from fulan or acquired illegally

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from a specific person he must return it

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to that person however if it was

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acquired via a Haram you know mechanism

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uh such as for example the person

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acquired it from riba right so this is

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not stealing from a person but he

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acquired it from Haram

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for the inheritors and the sin is upon

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the person who did it and the deceased

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person uh and that and then he goes on

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and explains that uh it's not required

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for the one who inherits the money uh to

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go and find out you know every single

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detail about where the money was

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acquired from unless we know for a fact

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that a particular item or a particular

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amount was basically stolen or taken

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from specific people in which case the

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level of herma what is called the level

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of sanctity of that money becomes too

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high and it is not allowed to transfer

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and in my humble opinion this third

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opinion makes the most sense to me and

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of course no doubt if you were to follow

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the second opinion which is that all

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such money is held on that it's safer no

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doubt about that and it is better and it

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is going to be clear to one's conscience

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and more blessed to your wealth but if

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one follows the third opinion

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um and still I would say give some

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sadaqah to purify it for yourself and

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realize that you know this is not you

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know uh the purest of money but to say

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that you are sinful and you didn't do it

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I don't see this as also being fair

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because there is no individual that can

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claim hey that is my money on the

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contrary it's generic Haram that the one

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who did it will have to answer to Allah

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but uh now that you are inheriting you

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do not have to answer for that and Allah

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azzawaja knows best this is a difficult

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scenario situation so between the second

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and the third opinion whichever one uh

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uh is clear to your conscience that

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should be permissible and Allah Knows

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Best foreign

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الوسوم ذات الصلة
Islamic InheritanceHaram WealthHalal vs HaramIslamic RulingsWealth EthicsReligious GuidanceIslamic FinanceGray AreaScholarly OpinionsInheritance Law
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