GHOSOB ! Fathul qorib bab ghosob | Ustadz Didin nasrudin

Summary

This transcript explains the Islamic distinction between 'menggosok' (misappropriating someone else's property without malice) and 'mencuri' (stealing). It details the responsibility of the person who misuses another’s belongings, emphasizing the need to return or compensate for any damage or loss. Key points include the obligation to return the item in the same condition or pay for its replacement, as well as covering any damages or depreciation. For items with no direct equivalent (e.g., animals), compensation is required in monetary terms based on the current value. The transcript focuses on property rights and the moral responsibility in Islamic law.

Takeaways

• 😀 Gosok refers to taking someone else's property openly, while mencuri (stealing) is done secretly and unjustly.
• 😀 The person who takes another's property through gosok is obligated to return it, potentially with additional compensation if it is damaged.
• 😀 In cases of damage, the borrower must pay for the repairs or replace the property if it's no longer usable.
• 😀 If the property is lost or damaged, the person who took it must compensate for the full value, even if the property was only borrowed.
• 😀 Gosok can apply to goods that may not have a direct value (e.g., an animal) and requires compensation in money if it’s damaged or lost.
• 😀 If property like a motorbike is borrowed and damaged, the person who borrowed it must compensate for the damage and return the item.
• 😀 Compensation must be made in the local currency, such as rupiah in Indonesia, unless a different currency is specified.
• 😀 If the item borrowed increases in value during the borrowing period, the borrower may still need to return the full, current value.
• 😀 The borrower must pay for the usage of the property, even if the item is not damaged. This includes paying for the agreed-upon rental fee.
• 😀 If the borrowed item is unique and has no direct replacement (like livestock), the borrower must compensate with its monetary value, not another item.

Q & A

What is the difference between 'menggosok' and 'mencuri' as discussed in the script?

'Menggosok' refers to openly taking someone else's property without consent, while 'mencuri' involves secretly taking someone else's property. The key difference lies in the manner of taking the property: openly and directly for 'menggosok,' and secretly and covertly for 'mencuri.'

What are the obligations of someone who 'menggosok' another person's property?

A person who 'menggosok' another person's property is required to return the property or compensate for any damage or loss. If the item is damaged, they must pay for the damage, and if the item is lost or its value increases, they must compensate accordingly.

What happens if the value of the property being 'menggosok' decreases?

If the value of the property being 'menggosok' decreases due to factors like wear or damage, the person who used the property does not have to compensate for the decrease in value, according to some opinions mentioned in the script.

What does the concept of 'ganti rugi' (compensation) involve in the context of 'menggosok'?

'Ganti rugi' involves compensating for damages or losses caused by the unlawful use of another person’s property. This can include replacing or paying for the damage to the item, especially if the item is devalued or damaged during the use.

How should compensation be determined if the item 'menggosok' is unique or lacks a direct equivalent?

If the item is unique or lacks a direct equivalent, such as an animal or a house (referred to as 'barang mutaqowim'), the person who 'menggosok' must compensate for the loss or damage in monetary terms, using the local currency (e.g., Rupiah in Indonesia).

What should happen if an item used in 'menggosok' is damaged or destroyed, such as a motorbike?

If the item used in 'menggosok' is damaged or destroyed, the person who used it must return the item in the same condition or compensate for the damage or loss. If the motorbike, for example, is damaged, they must pay for the repairs or provide compensation for its value.

Can someone 'menggosok' property even if it has no market value, like five grains of rice or a dead animal?

Yes, someone can 'menggosok' property even if it has no direct market value. For example, using five grains of rice or a dead animal without permission still counts as 'menggosok,' and the person who used the property must still be held accountable for compensating for it.

What happens if a person uses someone else's property for an extended period, such as a year?

If a person uses someone else’s property for an extended period (e.g., a motorbike for a year), they must return the item and compensate for the rental fee during that time. For instance, if the motorbike's rental fee is Rp50,000 per day, the person who used it must pay the total amount, even if the value of the motorbike changes.

What is the significance of the term 'barang mutaqowim' in relation to compensation?

'Barang mutaqowim' refers to items that do not have a direct equivalent, like animals or real estate. When such items are lost or damaged, the person who 'menggosok' is required to compensate in terms of money, rather than replacing the item itself, because there is no direct equivalent available.

What is the role of the local currency in determining compensation for 'menggosok' items?

The local currency, such as Rupiah in Indonesia, is used to determine the compensation for items that do not have an equivalent. For example, if a person uses a goat and it is lost or damaged, the compensation would be the equivalent value of the goat in local currency, not another goat.