In this fatwa, we discuss the concept of the idea of something haram becoming halal, and how this idea comes from the Quran and the Sunnah, and who decides this? Is this a matter of life and death in order to survive, or is it about the rule of the haram?
00:00:00.000Asalaamu alaikum warahmatullahi wabarakatuh brothers and sisters and dear friends hope you guys are doing well welcome to another show of ask the sheikh i'm here with sheikh heatham al-haddad got your name right sheikh yeah
00:00:27.000yes you always get it wrong yes usually i call it sheikh heatham sheikh heatham yeah okay yeah how are you
00:00:38.320how do you say in i am okay in uh i am yeah yeah then you can say
00:00:53.880sen nasil sen how are you yes sen nasil sen yes or nasil sen is nasil sen yeah how are you guys yes how are you guys how are you guys yeah how or out of respect yes yes you know the first statement i learned in in urdo
00:01:07.620yeah that uh uh may nai urdu bultahu yeah people will laugh now okay that i don't speak urdu and someone
00:01:17.140yeah someone it's like you know the people they say uh you know english no i don't speak english yes
00:01:22.340yes okay okay let's get straight into inshallah don't pick up your nose no no i'll just i'll just you know
00:01:28.800yeah yeah i'm just reminding yeah yeah make sure um basically last last episode we had we gave a fatwa
00:01:38.820about a sister specific situation had to work in a specific supermarket um if she had to carry alcohol
00:01:45.480touch pork etc however there was not an understanding and we couldn't go into detail because i don't know
00:01:51.120if you saw it from the video i was very scared of the heights yeah that thing so that's why i rushed the
00:01:55.120video a bit yeah so we didn't get the chance to go in detail so what we're going to do is we're not
00:01:59.940going to talk about that because that's um being talked about already what we're going to do is we're
00:02:04.220going to understand where this comes from where does this idea of because we know what's haram
00:02:10.920yeah so we're in the religion this idea of something haram become becoming halal where do we get this
00:02:17.800from sheikh do you are you taking this from yourself are you taking this from the quran or sunnah etc i'm just
00:02:22.480uh there was advocate so i just want to know where did this idea come from haram becoming halal and
00:02:28.440in what situation and who decides this yeah okay that's a good point ali you know this idea is
00:02:37.700confirmed in sharia okay it is confirmed in sharia and there are a number of evidences that confirmed
00:02:44.560that this does exist okay back where uh for example allah jalla wa'ala uh said
00:02:52.160allah jalla wa'ala listed all the haram things that you should not eat okay then allah jalla
00:03:14.620alah jalla wa'ala said famanittura the concept of famanittura the darura the darura yes it transfers
00:03:23.900some harams into what what does the halal darura means necessity necessity for example yes for example
00:03:31.920if a person is about to die and he doesn't find except haram meat to consume okay then it might be
00:03:40.300obligatory upon him to consume the haram meat in order to what survive in order to survive okay yeah
00:03:47.580okay also in terms of uh uh allah jalla wa'ala said
00:03:54.080the one who is pushed to say a statement of kufr
00:04:03.180yes yes a statement of kufr or shirk yes he can utter that statement by his tongue
00:04:11.740and as allah jalla wa'ala says as far as his heart is what is established on iman he can utter that
00:04:20.780statement okay okay if he was subject to a severe punishment severe punishment that cannot be bad
00:04:31.000okay okay that he cannot bear so does that mean that these situations always have to be life and death
00:04:36.360okay no not necessary okay okay another example is when uh when bilal radiallahu ta'ala anhu said to the
00:04:44.120prophet sallallahu alayhi wasalam that they torture me they torture me i cannot really bear it yes yeah
00:04:49.960and they ask me to disbelieve yeah and then uh bilal he used to say a statement that is maybe
00:04:57.720not clear he used to say ahadun ahad ahad okay yeah and the prophet sallallahu alayhi wasalam allowed him
00:05:04.760okay okay to use a statement like this in order to what to listen the punishment or the torture same
00:05:12.600thing with ammar and same thing with others uh with khabbab and others so it is confirmed this is confirmed
00:05:19.480in sharia now this is not a matter of life and death these scholars have written books about the principle of
00:05:26.600of the rule and the principle of the rule and when it allows the haram okay see and that's why the
00:05:34.200scholars have classified the haram the haram is not of one level okay for example shirk yes yes
00:05:41.960in the shirk allah does not forgive because shirk is the highest level of of injustice and
00:05:51.560massia okay sin okay uh is that is not like a swearing word okay yes stealing one million
00:06:04.600yeah pounds yeah pounds is not like stealing one pound yes okay okay okay i understand yes levels okay
00:06:10.840um uh raping an innocent lady yeah is not although it is severe and zina is severe but it is not like
00:06:21.720okay uh zina yeah in fact zina of an old person is more punishable than zina committed by a young person
00:06:32.920yes yeah that the the sin is not the same that's why the prophet sallallahu alayhi wasallam for
00:06:38.520example said three people allah does not look at them on the day of resurrection and they will be
00:06:47.640punished what by ushaymatunzan one of them is ushaymatunzan an old person yet he what he falls into zina
00:06:55.480subhanallah at that age at that age yeah why why what's the excuse exactly and his urge to do zina is
00:07:03.720not like the age of the urge to do zina of of of a young person okay in fact in fact so it shows allah's
00:07:11.160justice exactly in fact umar ibn al-kattab radiallahu ta'ala he introduced the punishment of those who drink
00:07:19.080yes it was mentioned this is amazing he used to flog 80 flogs those who drink if they are young
00:07:27.320people and strong but if they are weak he used to flog them 40 times this is not as they say
00:07:34.520discrimination but this is to what to consider the situations of okay that also shows to us that he has
00:07:42.360leniency because somebody can say how are you changing the law of allah it's 80 you're dropping
00:07:46.120into 40 yes but umar did this yes so so even in the situation promises we can understand that if we
00:07:52.440look at it from a general perspective if you are a bit narrow man you say how is it changing but if you
00:07:57.480understand the religion yeah go in detail and derive proper understanding then you understand why the
00:08:03.080sahabah and salaf did what they did yes so major sins are not like what minor sins this is confirmed yes of
00:08:10.520course the minor sins the prophet sallallahu alayhi wa sallam said he said uh he said a salah
00:08:19.160the salah to salah yeah it wipes your sins yes okay okay between salah and your salah if you make the
00:08:25.960other salah the other salah will wipe your sins yes yeah it will wipe which sins the minor sins not the
00:08:32.840major sins okay okay okay the major sins need toba okay so therefore okay now if there is a minor sin yeah
00:08:41.400yeah there is a minor haram there is a minor sin but the consequences of falling into it yeah are
00:08:51.320grave i mean sorry the consequences of not doing it are grave okay yeah so you have two options either you
00:08:59.800commit this minor sin or the consequences are so grave so what do you do in this case well it's better
00:09:08.920you put minor sin yeah why because if you do not commit the minor sin you are committing what the major
00:09:16.520sin yeah no one would say yeah no one would say no one would understand how sharia works okay leave
00:09:24.360sharia leave sharia yeah just common sense yeah common sense no one would say no commit the minor sin
00:09:32.200yeah sorry uh no one say abstain from the minor sin but fall into the major yes exactly of course no one
00:09:40.440will say this yeah yeah even in in our normal life yes okay in you are about to lose this transaction or
00:09:50.680this deal in order to get a bigger deal everyone will say no get the better deal leave this
00:09:58.440small deal okay all right this is something confirmed okay and there are so many examples
00:10:03.640etc etc about it this is really important is uh a lot of people do this unfortunately is when
00:10:08.520when it's a lot of young people a lot of young people yeah when it's their necessity yeah they have
00:10:13.560sympathy they understand it's it's it's i understand yes but when it's for it comes to others when it
00:10:20.360comes to other person's necessity yes it's stuff you are compromising on your religion yeah
00:10:26.760watering down the religion exactly exactly this is my point why i brought this because so brothers and
00:10:31.400sisters so we can understand clearly that who do we go to when it comes a matter of necessity me and you
00:10:36.040we can't we are not on that level to understand that we go to back to the scholars you know and then we
00:10:41.320understand that the sheikh said from the quran and sunnah what's necessity how it works so i hope you
00:10:45.720guys have kind of grasped and understand in certain specific situations so have understanding brothers
00:10:50.680sisters yes you might look at something and it might be like wrong but understand the situation
00:10:55.000behind that because when it's your necessity with a car for example you say i need my car in reality
00:11:00.120you really need it but we don't question that we just say look if the scholar said it let's go but
00:11:03.480let's not have double standards let's understand the other person you know different people go through
00:11:07.160different stuff okay okay that's that's really good now let's get to the nitty gritty now
00:11:12.120i want people to understand this and the best way they can understand it is understanding it with
00:11:16.360something that involves them yeah yeah uh one thing that we can all say that a lot of us have in
00:11:22.600common is a car yeah we either drive it or we know somebody that drives it now i was thinking about
00:11:28.360the sheikh um now if i'm not mistaken one of the reasons why insurance is haram obviously when you
00:11:35.480you drive a car you need insurance is that it has a form of the transaction is unknown
00:11:40.840it has some aspects of gambling involved yeah and there might be some kind of river yeah if i'm not
00:11:47.000mistaken please correct me yeah some scholar said the transaction pay monthly yeah that can be some
00:11:51.720they say major said it's not however let's say you have an accident yeah and you say okay look um if you
00:11:58.680have an accident and if they offer you a larger amount than what you gave yeah you can reject it but
00:12:02.680however if it's for example you hit free cards yeah the total is hundred thousand pounds yeah how
00:12:07.080you're going to pay that your pocket yeah you're going to have no choice but maybe to accept that yeah
00:12:11.000so we can say an aspect of riba is even involved yes so now what i wanted to understand sheikh is how
00:12:16.920is it permissible when we know there's two majors and transaction not being known excellent excellent
00:12:21.640is this amazing by the way the transaction not being known yeah yeah okay okay okay okay okay
00:12:26.840let us take this this is a good case study okay insurance why it is haram yes okay those scholars
00:12:33.320who said that it is haram why it is haram yeah exactly as you said because of the three main reasons
00:12:38.120however let us classify them yes the first reason is river okay how how yeah okay it is not exactly like
00:12:45.960what you said okay but a river when it involves that you pay your premium okay and then the compensation
00:12:53.240is money okay only when the compensation is money then it is river so if it's not money and if it is not
00:13:03.240money then there is no river what would we what can where else can it be if it's not money yeah that for
00:13:07.800example your car yes there is a difference between they say to you yeah you pay the the monthly installment
00:13:14.040the premium yes and if your car has any problem we will pay you money okay this is the riba one okay
00:13:23.560because it is money for more money yeah and as we all know that the prophet said gold for gold so money
00:13:30.600for money yes yes as the hadith of the prophet sallallahu alaihi wasallam what the prophet sallallahu alaihi wasallam said
00:13:34.520money for the prophet sallallahu alaihi wasallam said dahab for dahab gold for gold yeah it should be grain for grain
00:13:42.280wheat for wheat barley for barley salt for salt it has to be like for like yes and on the spot okay
00:13:49.800okay as the prophet sallallahu alaihi wasallam said of course this is the translation yes of what the
00:13:53.640prophet sallallahu alaihi wasallam said so if there is money for money okay which is essentially the gold
00:13:59.880for gold yeah then we have to be careful any transaction that has money for money then the uh what is
00:14:07.800alarming bell should ring should ring okay yeah that this is the loudest noise and the river is a big
00:14:14.280sin like one of the of course of course it's like waging war on allah it is like waging war against
00:14:19.000allah and the prophet sallallahu alaihi wasallam said allah tells the one who eats river yeah gives the
00:14:30.040river gives the one who writes the contract of river and those who witness the contract of river
00:14:35.160okay so it's not that any it's a big since no joke without it okay let's see river okay okay and by
00:14:40.600the way this this this um this river yeah uh it is an interesting story but anyway i will mention it
00:14:48.120later because it takes time okay so we have river yeah so river yeah yeah yeah river as we said not in
00:14:55.400all insurance transactions okay so if for example if you pay insurance if you pay your premium okay and you
00:15:04.440receive service yes they give you a car when your car broke down or breaks down okay or they give you
00:15:13.480they fix your car they don't give you money okay so now there is no money for what for money so the
00:15:20.120element of river is absent yeah see in any transaction in any transaction yes the biggest thing that you need
00:15:30.920to be worried about yeah is what a river yes if there is no river say alhamdulillah now let us move the
00:15:40.200matter is what yes easier yes okay yes of course we are not talking about cheating yeah yeah this we
00:15:47.800are not talking about the cheating we are talking about clear the transaction yes yeah no cheating yes and
00:15:53.080no uh what if there's risks of it like meaning if you have a big accident and the claim is big
00:15:57.400you know we'll come to that but the cheating a clear we are not talking about that okay okay okay
00:16:01.800we are talking about clear the transaction where there is no cheating okay if there is no
00:16:09.480then you look at the second thing yeah okay is there gambling so what is gambling yeah gambling
00:16:16.680briefly briefly gambling is yeah earning money yeah based on luck okay okay the two things have to be
00:16:24.360there okay earning money yeah or earning any not necessarily cash yeah okay some kind of earning
00:16:31.080something based on luck okay yeah drawing lots the winner he will get this okay yeah okay this is if it is
00:16:41.480uh earning uh earning this just based on luck yeah uh with with with one one condition yeah yeah yeah
00:16:52.920you pay money in order to earn this money based on luck okay so how does insurance fall into that yeah
00:16:59.640just a minute yes again okay so earning money based on luck yeah but provided that you paid money in order to
00:17:06.760to get into that competition for example if they say that okay uh you are shopping in any tesco or
00:17:15.640whatever oh like they have these big cars and they say if you give one pound and we will pick yes somebody
00:17:21.720yes this is earning money but you paid for that in order to get into the competition and it's not it's
00:17:28.440luck because you're not doing anything you're just waiting and seeing yes this is gambling okay however if you
00:17:34.280are entering yes and they said take this uh ticket yes you don't pay anything even one pound you don't
00:17:41.880pay you just take it yeah and then we will draw lots and you might uh uh win the the the car yes you
00:17:50.040can do it so that's not that's not gambling that is not gambling because you did not pay money in order
00:17:55.080to get into okay that competition okay so okay the connection with insurance with insurance you pay money
00:18:00.840yeah yeah yeah and you might earn some money yeah based on luck okay in insurance that can happen
00:18:08.840because you don't know your car might have this or that etc okay okay so is it from aspect of gambling yes
00:18:15.560if the gambling is not there means you know what it what you are going to get yeah they know what they
00:18:22.600are going to give you it clearly yes it is not like drawing lots yes so the element of gambling is not clear
00:18:30.840in it okay yeah so alhamdulillah okay we are more we are getting closer to full halal yes released
00:18:39.800okay now the third thing about insurance which is the biggest thing how severe is gambling if i'm
00:18:45.480mistaken surah my the verse 90 allah mentions alcohol and gambling yes gambling the clear gambling definitely
00:18:52.280is this is this is a major thing okay okay okay the clear gambling yes but the clear gambling is as
00:18:58.280well as we said you give money yes in order to earn money based on luck okay but in the insurance you
00:19:06.600give money not to earn money based on luck however if your intention was this then you are falling into
00:19:11.880gambling okay so it is dangerous is it dangerous in in some cases not in all cases all cases yeah all right
00:19:19.800so this is the second point which is gambling the third point is what is transactions yes yes yes the
00:19:29.080prophet sallallahu alaihi wasallam naha and the prophet sallallahu alaihi wasallam prohibited also from
00:19:34.440transactions that are unknown okay okay yeah but this could have said why this uncertainty in the transaction
00:19:42.200or ambiguity is or ambiguity is haram they said because it leads to what to dispute to fighting
00:19:49.880between people oh that's true actually yes exactly however if doesn't lead to that and the amount of
00:19:59.160is controlled yes yes yeah it is uncertainty in of itself is not haram it is haram when it leads to
00:20:08.680disputes fighting etc etc okay especially if the amount of other is big okay okay yeah we've discussed
00:20:16.840or so yeah if there is no riba alhamdulillah there is no gambling alhamdulillah the only element with
00:20:24.920insurance is gharar takes place when you pay the premium but what you receive is not money you receive a service
00:20:35.160okay yeah all right all right you receive a service if that is the case then yeah then if both of you
00:20:45.320are clear about what you are going to get and what you are going to receive yeah and you are happy with
00:20:51.240that yeah okay and the amount of gharar is limited so that a transaction can be overlooked or the haram in
00:21:02.680that transaction can be overlooked this is provided that we say that it is haram in the first place
00:21:10.120that's why car insurance we say yeah if it involves money for money yeah don't do it it is clear haram
00:21:19.160riba yeah yeah if you are if you are doing it for gambling it is clear haram river don't do it however
00:21:26.440the third party etc most of the insurances okay they do not involve money for money okay
00:21:35.000okay it is it involves or they involve what money for what services okay yeah yeah they fix your car or
00:21:44.600something like this so that if we say that it is haram if we say that it is haram it can be overlooked
00:21:52.760because of any need yeah not necessary no because of any necessity not necessarily a high level of
00:22:02.520necessity okay a small need will make this problem overlooked in this transaction if it involves what
00:22:12.440aspects of a river yeah there's no way so even car insurance even car insurance okay okay so i will
00:22:19.880mention an exception but it will mention an exception but it is haram okay okay the second thing if it
00:22:24.760involves gambling yeah yeah then there is no way if these two elements are not there but in it involves
00:22:33.400of uncertainty then uncertainty yeah can be overlooked because of the need yes if you really need them
00:22:41.880yeah need what need at a insurance that involves yeah river yes yeah if you need it yeah so what do you need
00:22:53.640to do okay for example if the car insurance if there is in i heard in in some places yeah you pay the premium
00:23:01.720yeah they give you money yes if something happens to your car they don't give you service okay which which is
00:23:09.080clear that it is river money for more money yes yeah yeah it is clear river so what we what do we say because
00:23:17.160you need to have a car yeah okay yeah we say accumulate the money that you have paid yes yeah first of all we
00:23:27.160say don't enter into that transaction with the intention to receive the money and to benefit from the money okay
00:23:36.040okay okay yeah yeah yeah enter that transaction with the intention that it is what it is a necessity
00:23:42.120it's a necessity okay yeah yes hadn't been at a necessity you wouldn't go into that transaction yeah okay
00:23:49.880okay okay this is one thing the other thing is yeah don't yes once you receive a compensation yes
00:23:58.840yes try to accumulate how much you have paid the money that you have paid yeah and take from the
00:24:07.400compensation what is equal to what you have taken yeah okay oh sorry what you have paid okay take what you
00:24:17.560have paid only so imagine for the past five years yeah you have paid let us say uh what sums to what
00:24:28.520sums up to yeah seven thousand pounds yes and then you got uh recompensation or compensation from
00:24:35.960the insurance company yeah for a theft or fire or whatever okay yeah you got a compensation of
00:24:43.160twenty thousand pounds yes okay yeah take from the twenty thousand pounds seven thousand pounds which
00:24:49.560you have paid so far okay okay and the rest get rid of it if you don't it's river if you if you talk if
00:24:59.480you take it then it is let me just get this right so um because i i heard you say maybe there's a
00:25:06.040misan-san you said that if it involves river and gambling to abstain from it totally totally are you so
00:25:12.040are you saying that people if they see that the insurance involves these they should abstain from driving or are
00:25:18.280you saying that generally what i am saying is that see if insurance involves a ribbon yeah or gambling then
00:25:30.440we should try see if there is any transaction that involves a river or gambling because these are the
00:25:37.800top two haram yes apart from cheating yes yeah then we should abstain from that transaction so the best
00:25:44.840thing do is abstain however yes if we have to do that transaction yes by law we have to do it yeah
00:25:51.480so it's not about the fatwa that because of necessity yeah no you have to do it okay by law you have to
00:25:58.040do that transaction for example trading between companies you have to have uh lse okay letter of
00:26:04.520credit yes that in some scenarios it might involve river yes so it's not about many people call
00:26:11.720sheikh i have to do lse is it halal or haram i say habibi can you avoid it no they say no by the way i
00:26:19.720so then why are you asking me now then don't take rubber stamp from me you need to ask me how can i
00:26:28.280minimize the haram or how can i deal with it yeah so if that is the case yeah with regarding to driving cars
00:26:36.280that involve this kind of uh insurance yeah then if river was involved then we say how to resolve
00:26:46.120this issue yeah take whatever amount of money that you have okay in order not to take so if you're
00:26:52.840going to be in that predicament the sheikh said take the following steps whatever you gave take that
00:26:56.600and the rest give it to charity yes yeah yes okay that's that's true and yes we was coming to uh
00:27:02.280again uh before uh your necessity regarding another person's necessity some people saying
00:27:07.000the uh previous the sister she could leave the job and find another job yeah but again like i said
00:27:12.040before it's easier for you if we're talking about if you're driving a car yeah it's easier for you to
00:27:16.120actually leave your car yeah now let's see right you can say you know i don't want to drive anymore
00:27:19.720yeah it's easier because you've got public transport but that sister was in need for her to leave
00:27:24.440a job she needs time to find another job yeah it will come the cost of her family being affected yeah
00:27:28.040so when you say necessity is it really a necessity for the car because we can see look there is a bus
00:27:33.240there is coaches there is trains there is taxi you can walk it's actually better for the environment
00:27:38.520is you're walking yeah so how do we determine necessity out of this yeah see in terms of necessity
00:27:44.520this is something scholars should decide yeah so so not any layman yeah not any layman okay okay
00:27:51.080this is one thing the other thing is it depends on from one situation to another situation one context
00:27:56.760to another context okay so what might be necessity here might not be necessity there what might be
00:28:01.960necessity there might not be necessity here for some people car is not a necessity but maybe for
00:28:08.120other people car is a necessity so it changes yes it changes so don't say no car is a necessity
00:28:14.040car is not a necessity and you start fighting over this exactly so we can say like it's the fatwa that
00:28:21.240you gave on a specific situation this is what something the scholars decide yeah on specific
00:28:26.040circumstances yes you know and then each person can take it and apply it on himself
00:28:31.240that was a perfect uh uh you explained in a very well uh way inshallah um anything else that we can
00:28:38.600add on this that's it yeah okay you seem tired like me i'm tired as well okay brothers sisters so if
00:28:48.200you want to send in your questions do um email us at askasheikh.com inshallah and we'll answer your
00:28:54.200questions um until next time assalamualaikum warahmatullahi wabarakatuh from me and shaheithim al-haddad