This is Think Tech Hawaii, Community Matters here. It is the noon hour on Thursday, folks. Ted Rawson here in downtown Honolulu, overlooking Waikiki right now, as a matter of fact, on our show, where the drone leads. We bring to our public news and information that's relevant and exciting about the emerging world of drones. And today, we have joining us from Washington, D.C., far across the Pacific and in the whole continent. We have Mark McKinnon of LeClaire Ryan LLC. Mark is a partner in the organization and the head of the Unmanned Air Systems Practices at LeClaire Ryan, which obviously is a purveyor of legal services. Mark, thanks for joining the show today. Sure to be here. Great. There you are. Next time, we'll get you here in your Oloha shirt and sitting in the actual studio here as opposed to giving your time across the way. By the way, this is Mark's first 30 non-billable minutes of the day here at the end of the day, and thanks for sticking around past the hour and hanging out with us, Mark. But first of all, I think a thanks to all of you in the legal profession who take the time to break down these really complex issues of legislation and emerging legislation and the contrariness of it so that we can all understand it. We in the business of UAS, whatever that may be, need a clear and simple way to understand it. You guys have done that. In particular, the webinar your company ran last week, which exposed in 37 slides the result of 1,400 pages of the recently authorized reauthorization of the FAA for the next five years. And there's a significant new information in there about UAS and drones, and we're really appreciative of you bringing that forward to us. So tell us a little bit about your company, and then, Mark, how you got into the unmanned air systems practices in that company. Well, what's more, Ryan, is actually a large nationwide law firm. We have offices all over the United States. It's a full-service law firm, every type of law imaginable, white collar crime, civil actions, government contracts, a little bit of everything. I'm part of the aviation practice, and I've been practicing aviation law for about 25, actually over 25 years now. And this is, I guess, kind of interesting because I started my career primarily dealing with manned aircraft accidents, particularly the big commercial air disasters, and going through the late 80s and the 90s, and even the really early 2000s, there was plenty of work to do because there were lots of plane crashes. But as commercial aviation has become safer and safer over the years, there's less and less accident work to do. So my practice kind of involved that I do a lot more FAA, regulatory and compliance work, NTSB issues, things like that, and then over the past, there's probably a legal interest in it. Obviously, there's a lot more work, legal work that needed to be done in unmanned aircraft, so I've kind of transitioned and opened up that whole new field now. But it's just an hour of growth of the fact that I've been doing aviation law for so long. What's most interesting is, as you said, the FAA taking the actions it's taking and the interest it's taking, of course, driven by Congress in many respects, but paying attention to UAS in a way none of us could ever have imagined. I can remember a sure four years ago where the industry was complaining all the time of the FAA, but you guys aren't making it fast enough, you're not doing this, you're not doing that, suddenly 3C3 hit the street. Not two years later, 107 hit the street. Now we have the next reauthorization with five years of continued development of UAS integration. It's just in an FAA we've never seen before. This is an incredible growth of regulatory material, but behind it is the thinking and the engineering and the science and the economics of making this a successful business. So I think we all take our hats off to the FAA for the motions they made, and I think we can thank our common friend Jim Williams for having a lot to do with that back in the days some time ago. Anyway, what's most intriguing is the key issues that are coming forward in this Reauthorization Act dealing with UAS. I made a list from our webinar a couple of days ago, your webinar. First of all, we have finally a definition of a community-based organization and a way to capture institutional knowledge coming out of the hobbyists and our creation people to not lose that, but capitalize on that going forward. I thought that was a significant highlight. I thought pulling all the UAS into regulations, be they 10,000-pound surveillance aircraft or two and a half-pound small aircraft or half-pound recreational toys are all going to be considered part of the airspace integration at some point in time, and we're going to see how the FAA works that out. Intriguing in particular was the GAO requirement to go generate a report after studying something on how low-altitude airspace integration might actually belong or be heavily directed by local civil agencies as opposed to fall under the FAA. And, of course, the test sites being extended to 2023 and being able to take in federal money, to me, is one of our test site directors. I think that's really important and interesting to us. Remote ID and tracking and some first level of defense for infrastructure and airports against UAS and a continued push on airspace integration. That UPP, IPP, the various initiatives that FAA has got going have to be now codified and made part of the future set of regulations. So absolutely hats off to whoever wrote that and whoever coordinated it and to you and the others who've been able to understand it and pass it to us, who never would have any of the foggiest idea of what's going on behind the scenes. So tell us a little bit if you can. How did this particular set of very wise guidances for the FAA to act upon, how did that get created? How does this Reauthorization Act get created? What influences it? Well, it's like the joke about making sausage. Nobody wants to see it made. The legislation is obviously a lot like that. And this bill in particular has a lot of hallmarks of sausage making because what happened was the last Reauthorization was in 2012. And these Reauthorizations are good for five years. And we were in the six and a half year, six and a half year of the five year authorization because what happened was when the five years was up in 2017, they had a very detailed bill that had a lot of this stuff in it. It didn't have quite as much in it, but it had a lot of this stuff in it. But one of the things that the house has been pushing for a long time, the House of Representatives has been the commercialization, we technically see privatization of the air traffic control system. And I shouldn't have actually said commercialization because the system that they want to set up is actually a nonprofit. And it's actually, the air traffic control system is actually run by nonprofits or not run by the government is a big example of that. The House of Representatives, particularly the chairman of the committee, this has been a big issue for him. People in the Senate did not like it and President Obama was strongly against it. So there was like, there was a competing bills between the two, the House and the Senate and they couldn't work out these issues. And so at the last minute they passed the Senate through another six months and I got accepted into another six months because nobody could agree. And then finally, I think with April of this year the House of Representatives decided that there wasn't going to be any common ground. So they just dropped that requirement entirely. And so they went ahead and they probably passed the bill and then it sat in the Senate from April, basically the first week of October. And the problem was once it got into the Senate there were provisions that people had put in that they didn't have anything to do with aviation and to do with rules about whether or not states could regulate of long haul interstate trucking. They caved on that and they pulled it out and then they were able to put it into lobbyists involved. Well that's great but once again the content in it is pretty good. You talked about the privatization having gone away which then opened the door to the success of the bill going through but still somebody had to create the contents. Somebody had to figure out that we're gonna deal with for example the test sites. Someone had to figure out what we're gonna do with the deal with remote ID and tracking. So there had to be well thought, well considered, well structured content that went into this that people had to be formatted in such a way people could understand it and then see the value and vote on it. So as an example, if I as just an individual out in the far corners of the world here had an idea how would I get my idea baked into the next version of this reauthorization in 2022? Well that's a difficult question because obviously the best place to start is with either your congressman or your senator and if they actually happen to be on the relevant committee that's a big help because they're the ones who are involved in the process. A lot of the larger institutions, Google, Amazon, people like the Academy of Model Aeronautics, they all have lobbyists and the lobbyists work very hard with the staff. The staff will draft a regulation and they might not see some of the nuances of it that industry will come in, that the FA will come in and they'll make comments and say, well this needs to be changed or you don't understand this is the problem you're setting up and you need to fix it. So that's how a lot of that happens.  I think some congressmen are better than others. In addition, each of the committees do have staff, the career staff who work on these issues and they're actually pretty knowledgeable. If you can contact some of the staff sometimes they'll listen to what you have to say particularly if you have something important to say. So that's primarily the best ways to get involved. Okay, I just wanted to make a comment. We just, I don't know if you saw the subtitle come up but we labeled this episode leaping into the future reacting to all the changes that are coming in the consolidation of thinking in the UAS domain and we called it that, not quite fancifully but relative to the speed and pace at which regulatory materials been developed in the past on UAS, what we see here is truly leaping into the future because we're looking at basically setting the stage for the online of sight and a much improved waiver situation and true integration. So if you were to think about the elements that are affecting UAS in this reauthorization, what do you, tell us what you think is gonna occur now. Now the FAA has been given this guidance which is the reauthorization. Now they've got to do something with it. In some cases there's law changes, in some cases there's probably interpretations but there certainly is study and there's research and work that has to be done behind the scenes before these instructions can be converted into regulations. So how does that all gonna work? Yeah, well what's gonna happen? Actually there are some rule makings that are going on and there have been some impediments to them. The big one was, I don't know if you remember, I guess it was over a year ago now, there was a lot of work that was done on the Flight Over People rule and the Flight Over People rule, you know the reason they started is the micro UAS rule and then they just converted that because they realized it wasn't gonna be dealing with micro, it was gonna be dealing with what are the rules for flying over large assemblies of people and they did a lot of work on that. They had an ARC, an aviation rulemaking committee that Medi came up with some very good recommendations. The FAA had a draft rule. The draft rule went to Oira which is one of the entities at the White House which reviews regulations and they take comments from stakeholders and they take comments from other governmental agencies before the public basically gets to see it. And one of the big issues was, I did it at that point and said we don't want you to come up with a rule for flying over people because we think there are security issues with it and the main one is cited over mass assembly of people we know it's not supposed to be there and we can take action. With the rules that you're thinking about coming up with which are performance based, we won't be able to tell if we see a drone, is it a good drone, is it a bad drone? How do we engage intent? Unless you come up with a way for remote identification of unmanned aircraft, we really don't want you to do this. And that's why it's been, that thing was completely taken off the table. And of course remote identification also really is an impediment to beyond visual line of sight because unless you can remotely identify aircraft it's difficult to coordinate aircraft in the airspace. So I think one of the things that this doesn't, when we talked about, you mentioned the, one of the big impediments was, under section 336 of the original 2012 act, we're making any rules regarding model aircrafts to that will actually allow the F-8 to set some design standards for 107 who are going to potentially be flying over people. It's hobbyists as well, they're going to want to try to do it. Not being able to set any design standards for hobby aircraft, I think that was a big impediment. And so that's one of the big changes I think that it's going to open that up and that in turn is going to open up some of these other areas for, you know, moving forward on their rulemaking. Okay, well, so you've kind of outlined the process of how the realisation formed up anyway. And you've now talked about how FAA will react to the instructions that's been given. When we get back from our first and our only one minute break here, let's talk about the specific items that affect UAS and sort of at a look forward to what we might expect coming out of that in one minute. This is Think Tech Hawaii, raising public awareness. This message was brought to you by UnitedHealthcare and AARP Foundation. Welcome to Sister Power. I'm your host, Sharon Thomas Yarbrough, where we motivate, educate and power and inspire all women. We are live here every other Thursday at 4 p.m. And we welcome you to join us here at Sister Power. Aloha and thank you. It is still Thursday, noon hour folks. We've got Ralston here in Honolulu and joining us from far across the sea after the sun has gone down. I think over there in Washington, DC, we have Mark McKinnon of Leclerc Ryan LLC. Mark is a partner in the law firm and the head of the Unmanned Air Systems Practice within that law firm. And the fact that you even have an unmanned systems division within the law firm, that alone says a lot about the emergence of this business, Mark. So thank you for taking your evening time and coming on with us here. We spoke before the break about how the Realtorization Act was formed, what the content in it is, how the content was sorted out by various forces. And now we have, if we can, talk about the specific items that are gonna affect UAS in a big picture and what we might see coming out of them and maybe even some idea of the timing. So if I can work with this list here, we talked a little bit about before the break about the definition of a community-based organization and the way that pools institutional knowledge and goes forward. That just looks like it's positive all the way around. I don't see any downside or any confusion about that, do you? No, I don't. One of the interesting things I think coming out of it going forward though is the requirement that they all be, that if you're gonna be certified as a community-based organization and you're gonna have two things about it. Really, the only existing community-based organization I think that people recognize is the Academy of Model Ergonomics. And the FAA, they've kind of acknowledged in some of their publications that they would consider that to be a community-based organization even before these requirements came out. But under the old section 336, if you were a hobbyist and you were flying under the community-based organization's rules, community-based organization had basically its own safety code and that's what you had to follow. Now part of being defined as a community-based organization, it gives the FAA actually a say in how the community-based organization creates its safety code. So even though you're working under the auspices of this private entity, the private entity is going to have to take input now from the FAA when it creates its safety code. So I think that's actually one of the other big changes. And the other one that's interesting is the requirement that it be a nonprofit. Now Academy of Model Ergonomics is a nonprofit, but I think there was sort of questions people thought that once recognized as one, you'd have for-profit businesses that would declare themselves this. And that's basically foreclosed. You basically have to be a nonprofit and you have to qualify under a 501C3 under the internal revenue code to do that. So it's going to be a little bit more limited. Well, the other thing I think about that is that now there's a compliance requirement that all users, all recreational people, educational people, whoever they may be operating under that rubric are going to have to conform and comply with whatever those terms are. And that is such a antithetical from where we've been all this time. And a guy gets a thing, takes it out of a box, looks at the FAA rules, it's way too complicated to understand so it can't possibly apply to him and he goes off and does this thing. So we've got a major educational challenge ahead of us to get that story out. And I would say that that is going to be the operational factor most important there. But pulling all unmanned air systems into the regulations means that those items that are considered recreational today are going to have to be registered, they're going to have to be in this conformance domain. So we might even have technical requirements, I presume, in terms of the remote identification as such are not now going to apply to all these aircraft. So there's a technical change coming here as well. Yeah, I think so. In particular, the FAA has more flexibility. It can define weight classes. So my guess is there probably will be, for some of things like remote identification, there probably will be a lower limit, either a performance or weight, where that performance, that won't be required. But I wouldn't, it wouldn't be surprised, wouldn't surprise me if something about the size of a DJI Phantom, when used as a hobbyist would have some kind, whatever the remote identification technology is going to be, that they'll be a requirement that it'd be equipped with that. So I think anything bad there, one pound, two pounds, certainly anything that has the capability of flying beyond the visual line of sight, I think would fall into that category. So we're going to have some categorization into those things that are pretty much benign and those things that are not benign, and that'll be the discriminator. The GAO challenge to go figure out how to deal with low altitude integration and involve local agencies. We have that out here a lot. We have the tourist industry, which people come and don't understand rules, bring their drone and fly around Waikiki. We have the situation at the volcano, which ultimately had the UAS operation had to be criminalized, operating inside the TFR. So this has been quite a challenge for the GAO. There's so many different geopolitical alignments here in the U.S. from very remote to very compact. So how do you think that's going to go in terms of their ability to get a handle on how to deal with low altitude integration? I think ultimately, probably what they'll wind up doing is they'll do a survey of all the existing state laws that are out there at this time. The big example is Nevada. Nevada actually has a law where flights below a certain altitude are considered to be a trespass. And that's, nobody has challenged that officially in the courts yet. The FAA has made it clear that they think that is a violation of their prerogative under the federal preemption and federal control of the airspace. But they haven't done anything to take Nevada to court over it yet. So I think what ultimately what Congress would like to do is to get an idea of what the needs are of the airspace as well. They want the GAO to determine if we seed from the ground to 100 feet or 200 feet or 300 feet to the state and local government to let them have more of a say in where you can and can't fly. What impact will that have on some of these big, potential commercial engines like a package delivery and those types of things that they clearly don't want to be in a position of choking that off by having a patchwork where every city and county's got its own airspace requirements for people who just don't, regardless of what the GAO finds and regardless of what Congress ultimately decides, it's something that the courts will have to decide. Because the courts will have to decide at what point as a property owner does your right to use your land mean that you have to be able to control at least some part of the airspace. And if you're deprived of that, at what point do you basically lose the ability to use your land the way you want to use it? The Supreme Court will have to decide. You're casing that field since the 40s. So right to be decided, I think at this point, it's just gonna take a while to work its way through the system. You know, I like the fact that that's gonna happen because we have a lot of issues here in our legislature where bills come forward that don't understand the full limitations of the current laws, don't understand the capabilities of drones. We have a kind of a complex situation where bills come forward that are hard to understand and as a result, none of them, I don't think any of them in our state in the last five years have been executed. And but this summary of national perspectives that GAO is gonna create, I think we'll go a long way towards providing a standard that our legislature can look at in terms of dealing with its means of handling privacy, for example, or trespass. The test sites, most interesting to me, test sites and the extension of them and the way federal funds can get into the test sites, what do you think about that? What do you see coming forward in that regard? I think that's a big deal because originally it was one of those things where FAA didn't really want the test sites. I mean, the test sites were kind of seen as a solution in search of a problem that as far as the FAA was concerned, they had enough on their blades. They didn't really want to be dealing with a mandate. They didn't have money associated with it. So they, I mean, they had no funding to do it, but they were told they had to coordinate it with them. And they said, I think certainly before the test sites were up and running, there was a lot of resistance at FAA. And I think definitely over time, that's completely changed. And I mean, a lot of the progress that's been made of things like UTM and experimental work on package delivery. I mean, none of that could have been gotten, we couldn't be where we are today without the test sites because the FAA has basically empowered the test sites to do things that you couldn't do if you were just a commercial operator and you wanted to fly over your own property or in some part of the airspace that the FAA hasn't agreed to work hand in hand with the test sites. And I said, I think of the test sites and then actually to put money on it, I think that's a very good, there's still a lot of work that needs to be done and there has to be places where it can be done. The means by which federal funding can flow to the test sites, that's gonna be, I would presume again, congressional delegation influence to go ahead and make that happen. That reasonable assumption? Yeah. And to a certain extent, I mean, it's part of the problem is since the test sites didn't have any money, they had to work to outside sources for money and they've been very good at that. But again, that cuts out certain people who simply can't, the test site can't give it services away for free in a lot of circumstances. And startups don't always necessarily have the money to be able to come up with the funds to try and do some of the work. Again, particularly early on when the test sites were first gearing up and money was short everywhere. Well, it's still short. I can tell you that from our perspective here as running in one of the test ranges, but it's good to see this change coming. We do have just a few more minutes here. Remote ID and tracking, that's pretty straightforward. Airspace integration, that's sort of like the culmination of all this into something that is integratable. Most interesting, I take the perspective that we need some good mathematical understanding of complex systems that interact and such. And I think there's an academic role here in the integration element. What's your thoughts on that in our last declining minute here, Mark? True, I mean, I think it's the UTM issue and how unmanned traffic management is going to fit into the airspace. I think it's probably the ultimate challenge because the FAs made it clear that they have a lot of entrenched users of the airspace, all of the manned aircraft, all the commercial operators and private operators, and they were not going to reorder the airspace just to accommodate unmanned aircraft. So I think trying to do the work where the unmanned aircraft can fit seamlessly into the existing structure, that's where the future is. If that can't be done, then it simply can't be integrated into the airspace. And I think really the research universities and NASA and organizations like that, the private industry can't really do a lot of that on their own without the cooperation of these reservoirs of knowledge. Well, we certainly salute the FAA for the IPP program and then the UPP which followed it and things we'll hear of in the future that are going to extend beyond that and we hope to be part of that. And Mark McKinnon, I want to thank you very much. First for being on this show and secondly for the work you've done to bring these items out to the public in general through the webinars and such you promote. So once again, how do folks get a hold of you at LeClaire Ryan if they want to? It's Mark.McKinnon at MARK. Okay, and we thank you very much for being on. And we'll get you on real time here in Hawaii next time you're out here or maybe again by Skype. So thanks a lot, Mark and we'll see you all in two weeks, folks.


وَأَقُولُ فِي القُرْآنِ مَا جَاءَتْ بِيهِ أَيَاتُوْهُ فَهُوَ الْكَارِيمُ الْمُنْزَالُوْ وَأَقُولُ قَالَ اللَّهُ جَلَّ جَلَالُوْهُ وَالْمُصْطَافَ الْهَاديِ وَلَا أَتْ أَوْوَالُوْ الحمد لله رب العالمين له الحمد الحسن والثناء الجميل وأشد أن لا إله إلا الله وحده لا شريك له وأشد أن سيدنا ونبينا محمد صلى الله عليه وعليه وعلى آله وأصحابه والتابعين لهم بحسان إلى يوم الدين أما بعد في اليوم إن شاء الله تعالى سشل في سلسلة أخرى حيث نحن نتحدث عن أحكام الكسب رولين بحيث نحن اليوم إن شاء الله تعالى اليوم حلقة اليوم سرية أو اليوم مجموعة أريد أن أتحدث عن أحكام الأشياء الإسلامية أحكام الأشياء الإسلامية البويوع المنهي وعنها شرعا الموضوع التي أخبرت أن أتحدث عن ذلك لأن أحكام الأشياء الإسلامية أحكام الأشياء الإسلامية نعرف it it's easy it can be spoken about then what is permissible what is allowed is far greater and bigger than that which isn't allowed so wisdom calls to speaking about that which is restricted and limited and to discuss that what does the word what is the definition of because that's the term that we're speaking about so what is the word and so today I might be slightly technical but we need this in order to speak about other type of transactions that are done in our modern time that people do and use and if you don't understand these principles and you don't comprehend it properly we will struggle to agree on those rulings later Insha'Allah so this is principles that will aid you and support you in any type of transaction that you're ever going to do today you're going to learn why is it haram but again principles and principles are what you bring back everything else to so you might have one principle and under that might fall under it maybe even a hundred types of sword a hundred different forms of buying and selling might fall under that one principle okay so what is the word البيعو البيعو it means as الامام النووي رحمه الله the great Shafiq scholar this great Shafiq jurist said he said البيعو نقل الملكي إلى الغير بثمانين و الشراء قبوله نووي رحمه الله he said بيعو means to pass over it is to pass over it is to give to another individual the ownership of something with a price that's what بيعو means it's to what it is to pass over that which you own it's yours you own it and you're passing it over to someone and it's based on a price meaning you give me this much money and this is the product that you want و الشراء قبوله نووي explained what the word شراء means شراء is the one who is accepting it and the بيع is the one who is selling it and they are slightly interchangeably used so بيعو means to sell your ownership of something you're giving it to someone else on a price and الشراء means it's to accept it that's the statement of نووي رحمه الله and we're going to take that even though there are other definitions out there but we will just take this one for now إن شاء الله what is the wisdom second point so the first point was the definition of البيع we know what the definition of البيع means right the second point حكمة البيع what is the wisdom in البيع what is the wisdom in البيع our religion what you have to understand is there are wisdoms not wisdom but wisdoms plural in legislations nothing is legislated without a wisdom everything Allah legislated سبحانه وتعالى there is a wisdom behind it and sometimes we know what the wisdom is and sometimes we don't know what the wisdom is and because we don't know the wisdom it doesn't mean there is no there is no wisdom so we know the wisdom in the legislation of البيع there are over 60 plus wisdoms in buying and selling one or two two إن شاء الله the first one is everyone is in need of what is in the possession of someone else we need that which is in someone else's hand and Islam allowed us to take the ownership of that thing in that person's hand without force or humiliation force is robbing the person from it and humiliation is begging for it so Islam legislated a third option without force being involved and without any humiliation being involved you can take the ownership of this thing and that is why الله تعالى يسأل in the ayah يا أيها الذين أامنوا those of you who believe لا تأكلوا أموالكم do not eat each other's wealths بينكم بالباطل don't take and consume one another's wealth one another's belongings and justly إلا أن تكون تجارة and let it is a business based on mutual consent إلا أن تكون تجارة عن تراب منكم I said that's better because taking it from someone forcefully it goes against mutual consent and also humiliating yourself it doesn't come with the form of mutual consent because no one likes to humiliate themselves so the Sharia has set bay for that wisdom I can take what is in your hand without me forcing it take to take it out of your hand and without me having to humiliate myself I buy it from you with honour that's the first wisdom and before I move on to the second one some scholars they wrote books on that first wisdom like The Great Indian Scholar شاه وليو الله دهلوي رحمه الله he has a kitab called حجت الله المالغة شاه وليو الله دهلوي The Great Indian Scholar he mentioned a chapter in where he speaks about محاسم الإسلام the excellence of Islam and how Islam is for every time and every place and in every situation Islam and in there he mentions how Islam has brought about good in terms of buying and selling and he speaks about it there and also The Great Hanafi Scholar البخاري والحنفي not an Imam al-Bukhari but another Imam who is from the same land as an Imam al-Bukhari who was a Hanafi Scholar he also speaks about it this falls under the محاسم الإسلام the second wisdom of why الإسلام لجسلated buying and selling is it can be a means to enter paradise buying and selling it's a means to enter Jannah if the individual who is involved in the trade has an intention and his intention is to uplift harm and hardship from others it's a means to enter Jannah and it falls under the hadith of من نفس عم مؤمن كربة من كورة بالدنيا نفص الله عنه كربة من كورة بيوم القيامة والله في عون العبد ما كان العبد في عون أخي The Prophet said anyone who relieves from a Muslim hardship of this worldly life Allah will relieve from you the hardship of the day of judgment the day of resurrection Allah will relieve from you the hardship and the burdens of that day because you uplifted from a human what? you uplifted from a human a hardship that they were going through and if you come with that intention when you're buying and you're selling you can actually get rewarded for it and it can be a means to Jannah especially if you have the quality of an individual who is lenient and generous in your buying and selling ولذلك ألمام البخاري ورحمه الله The Great Imam whose book we consider to be the most authentic book after the Quran he has a chaptering in his صحيح and he said بابه السهولة والسماحة في الشراء والبيع Chapter one should be lenient and generous when buying and selling and ألمام البخاري says بابه the chapter السهولة والسماحة في الشراء والبيع being lenient and generous when buying and selling that one should try to be lenient and generous when buying and selling and ألمام البخاري under that chapter he brought the statement of the prophet صلى الله عليه وسلم where the prophet said may Allah have mercy upon one سمحا إذا باع وإذا الشراء وإذا قطضا may Allah have mercy upon a person who is lenient in the buying and he buys and he takes he is lenient or when he is selling sorry when he is selling he is lenient when he is buying and he is taking a product from someone and even when he is demanding for his wealth he is borrowed a people money when he asks for it he makes sure that he is also lenient and generous he gives people a longer time وذلك ألمام البخاري he chapted another chapter in صحيح where he chapted it and he called it the chapter of who allows time for the one who is burdened in other words you gave wealth to someone and so then what you do is you say to the individual give it to me when you can I will not burden you for it and ألمام البخاري you straight after that when did he bring he brought the story of the man the prophet said there was a man there was a merchant he used to lend money to the people فإذا رأى مُعْسِرًا and whenever he saw his debtor the person who took the money and the wealth from him when he saw him he was strained and it was hard on him to pay back and in circumstances he wasn't as good what he would say is فإذا رأى مُعْسِرًا قال لي فيتياني he would say to his slaves let go of this person تجاوز عنه let go of him leave him there may be a possibility لعل الله أن يتجاوز عنه الله may forgive us let this man go his situation isn't bright he doesn't have the wealth to pay us back now let's leave him الله may let us go in the day of judgment فتجاوز الله عنه and the narration mentions so Allah forgave him so this man through his بيع because we're going to learn about borrowing people's money he earned a place in jannah and Allah forgave him so don't belittle your buying and your selling the prophet said when he buys he's just a simple person وإذا اشترى وإذا اقتضى and when he sells he's a simple person and when he borrows he's a simple person and when he gives back wealth he's also a simple person he's just an easygoing person he's not a complicated person this is a means to jannah okay it's a what it's a means to jannah when he brought this he mentioned a benefit I liked about this man who used to borrow who used to lend money to the people he mentions that some of the narrations know that this man never did any other good except this no other good he did never did this man come with any other good some of the narrations mentioned except this and ابن حجر حما الله and he said the following he said and the hadith in this chapter and the one before that he said small good big intention a lot of your sins and your shortcoming might be forgiven for you so this is the second wisdom in why bay'a was legislated because it can be a means for you to enter jannah and Allah mentioned in the Quran the one who is simple when he lends money to others Allah said about him that one should try if he borrows people wealth and he gives them money that he looks at the easy way for people now we're going to go into the third point what was the first point that we spoke about the definition of the second point that we're going to speak about is sorry the second point that we spoke about was the wisdom of bay'a there are more than that but I only stuck with those two now I'm going to go into the third one which is a ruling of what's the ruling of is it permissible or not it's unanimously agreed upon principle in our religion if you open a thick book today if you open a thick book today and you want to study thick you will realize that the scholars categorize the thick books into two chapters and if we break it down we can say four chapters but if we bring it together we can say two chapters what are the two chapters عبادات the first chapter of thick books are all عبادات so they talk about at-tahara first and the reason why they talk about at-tahara is because the chapter after that is going to be what الصلاة the chapter after at-tahara is what it is and the صلاة cannot be done unless you're in a state of purity so it became a necessity for them to discuss at-tahara so that's why they bring at-tahara in there and then within at-tahara they start with the chapter of water because the thing that you purify yourself first of all is with what it's water so the scholars they put this down in the sequence for a reason and then once you study at-tahara what do you go to you go to الصلاة and then you go to الصوم you see عبادات is what it is over the four pillars of Islam the pillars of harmony لا إله إلا الله is studying in the توحيد so they're bringing in thick books they speak about the four pillars of Islam الصلاة is at-tahara but before صلاة they had to mention at-tahara because صلاة cannot be done without at-tahara so those are the five chapters that you take in what in عبادات the scholars they then unanimously agreed upon that عبادة الأصل في العبادات المنع that the default position regarding عبادات is that you can't do anything unless it's prescribed unless the legislator الله عزي و جل and his messenger they prescribe for you meaning you can't do anything in صلاة صلاة you can't unless you have what unless you have a deal unless you have a what unless you have an evidence for it are we all together and then the second chapter that starts the second book that starts after that is called المعاملات if you worship Allah your relation with Allah has become strong and you come with عبادة what's the second thing that you need to have relation with the with the people and the scholars then unanimously agreed that المعاملات its default position is permissibility الأصل في المعاملات الجواز عما الإباحة that the default position when it comes to معاملات is that it's permissible unless there comes an evidence that proves otherwise if we find two people here they are discussing a transaction they are discussing a type of transaction the one on the right is saying it's permissible and the one on the left is saying what it's not permissible it's impermissible who needs to provide the evidence the one who is saying is what it's impermissible because the one who is saying it's permissible is upon the default position he doesn't have to provide evidence because every type of transaction by default it is permissible until proven what until proven otherwise are we all together which is what the أصولين call بقاء مكان على مكان it's the default position so what we say here is buying and selling the ruling for it is that it's permissible and it's allowed unless there comes an evidence that doesn't allow it so this قاعدة you need to know it ولذلك الشيخ الإسلامي بن تيميه فإن المسلمين إذا تعاقد بينهم عقودا ولم يكونوا يعلمون لا تحليمها ولا تحليلهم فإن الفقاء جميعهم فيما أعلمه يصحقونها شيخ الإسلامي تيميه said what I just mentioned that if the Muslims are having or the Muslims are doing a type of transaction a type of buying and selling the Muslims are doing it and they don't know whether it's حلالة حرام they don't know the فقاها the jurists all of them they permit that transaction because they hold that the default position is that every type of transaction is permissible until proven otherwise are we all together and the evidence for that is the evidence for that is الرباء وأحل الله البيع وحرام الرباء وأحل الله البيع الله permitted البيع the word وأحل الله البيع there is a dispute amongst the and even the the grammarians what is the meaning of وأحل الله البيع is it does it mean all of the types of البيع are permissible or is it not that which we hold is that this البيع is عام مخصوص it is general البيع meaning all of the types of buying and selling are permissible except the ones that we are going to mention today these are the only ones that go out any other buying and selling is what it is permissible the ones that we are going to mention today what took it out is external evidences okay so this is called what عام المخصوص الله تبارك وتعالى he permitted all types of البيع also the prophet صلى الله عليه وسلم he said البيع and the seller have the option to cancel or to confirm a type of transaction that again shows us buying and selling is what that it's permissible we've now spoken about the third pillar I'm at the third point how many points did we mention the definition of البيع the second one was what the wisdom of buying and selling we also spoke about the ruling of buying and selling what is the ruling permissibility until proven now now I'm going to go into fourth point which is البيع buying and selling stand on pillars particular pillars the pillars that they stand on are three pillars buying and selling stand on how many pillars stands on three pillars the first pillar is اصيغة اصيغة means the manner where people are buying and selling from one another the manner for instance say to the person I sell this product to you and the other person is saying I accept وَلَهُفُقَهَا كُولَ الْإِجَابُ وَالْقَبُولَ buying and someone is saying I've accepted from what you've given to me just like marrying a woman the willy and the girls guardian will say to the man I will marry you off to my daughter فُلَانَ بِنْتِ فُلَا and I'm going to marry you off to her with these conditions that you her diary is this much and he says things and then he says to the individual اقبِلتَ did you accept what I just said and the person says what قبِلتُ I accept وَلِدَالِقَبُ مَرِجْ فُلْزَ عَنْدَ مُعَمَلَتَ the type of transaction so there's a اصيغة okay there's a what there's a صيغة a way that it's done the second pillar is العقيدان العقيدان are the two parties the two parties and the two parties are the two individuals the one who's buying and the one who's selling the one who's buying and the one who's selling there are conditions also place for them they have to be both same okay they have to reach age of puberty and the other person has to be pleased with taking the transaction and the other they have to be pleased with each other okay again there's exceptions that can happen here like can a little child go and buy milk for his mom or sugar from the corner shop is it accepted or not that's not what we're talking about now that is permissible and also can a transaction happen if a court see the obligation that a particular individual is not paying his debt and he has the money and he's choosing not to pay that some of his products get taken from him forcefully and then the court sell his product okay and then the money that's made it's paid from towards the people that he's taken the wealth from is this transaction done is it permissible because this person wasn't pleased with his car being sold or his again of course it is the consensus of the scholars but again we're not talking about that today the third pillar is the one we're going to focus on today which is المعقود عليه المعقود عليه is the item which is traded the item and the product which is traded for example the money for our product this is the one that we're going to focus on today the third pillar we're not going to talk about the first two ones and how they work we are going to focus on the item that's going to be sold is it حلال or is it حرام okay we're going to be talking about what the selling and the buying is happening on this is what we want to speak about in today we'll be able to finish it all today we might have to finish it off insha'Allah next week insha'Allah another point that I want to mention before I go in and that is ruling on studying this is the fifth point right this is the fifth point this is the fourth one the the first one was the definition the second one was the wisdom the third one was the ruling and the fourth one was the pillars the fifth one now is the ruling on studying بايع the scholars they mentioned studying بايع is not obligatory individual obligation I'm referring to it is not فرضوعين what is it احكام البايع learning it is فرضوع كفاية generally speaking unless the person goes forward and wants to buy and sell that it becomes an individual obligation originally we won't say to every individual you have to learn احكام البايع no but if the person goes forward and he wants to do a business and he wants to sell then he becomes an individual obligation with he or she و لذلك الامام النووي رحمه الله he transmitted the statement which are the two of the of the of the when he transmitted the statement he brought the statement and he said that it's حرام for a person to go forward in buying and selling إلا بعد معرفة شروطه except after learning the conditions for buying and selling you have to know the shروط you need to know the prerequisites و لذلك when did he say he said في الديني عمر رضي الله عنو يقول except one who has understanding of the religion and he's referring to this this particular chapter of بايع don't come to our markets and try to sell and to buy if you don't know the احكام البايع و عمر رضي الله عنو he said that person will fall into the riba whether he likes it or not if you don't learn the احكام البايع you will fall into the riba whether you like it or not and some people they say brother I did this business trading for a long time my intention was good I didn't intend to be evil what should I do in this situation the قائد according to the scholars is و حسن المقصد لا يبرل سؤال فعل a good intention does not rectify an evil and evil action and remember that principle حسن المقصد a good intention does not justify and it cannot rectify an evil action so sometimes you tend to see a person who has a business and is built an empire not just that he's got companies now and the company is floating on the riba now what can he do he didn't intend evil but right now this business can't just carry on in the شريعة there has to be some way to rectify it something has to be done here so before you go forward in buying and selling learn the احكام البايع learn at least the basics learn at least what at least the basics and if you are suffering from comprehending it you have on your board a person of great knowledge who can be referred to a person that can be what you can refer to and you can question and you can ask because what you tend to find is people they have an advisory board members who they go back to when they want to invest in a particular venture they have advisers they go back to and they question them and they look at the profit margin and they come back to them and say yep it's good invest and this is the turnover you're going to get this is the gross profit this is the net profit the same thing is what you need when it comes to what the حلال المحرم now I'm going to move on to the topic now those five were just their introduction now we're going to go into الموضوع we're now going to go into the body the discussion which is what are the prohibited elements in Islamic finance I don't think I will be able to do all of it as I said I'm going to do some and I'm going to leave the rest for for next week but I reassure you all if you understand this class and next week's class if you understand it properly never hear that حرام will not leave what I mentioned today it goes under one of these okay prohibited types of trading are five any type of baye any type of transaction that you hear this is حرام the فقاسي this bay is حرام it goes back to one of these five and there is no other one that can be added to it okay the first one is something that is impermissible and it's حرام in and within itself this thing itself is حرام and I'll give you good examples for it Insha'Allah just first of all write all the five and then we're going to go over each and every one of those five the first thing is that which is حرام and it's حرام بأعيان this thing itself is حرام you're not allowed to buy it or sell it and those are six things they what six things that are حرام to buy and sell itself alcohol pig corpse and animal that wasn't slaughtered properly to sell it or buy it idols dog and blood each one we're going to stand over and take the rulings and the discussions regarding it so point number one is what things that are حرام they are حرام in and within themselves and there are six things that the Sharia I mentioned the first one is alcohol whether you both agree with one another whether you're both happy with each other whether it doesn't matter the thing itself is حرام you can't trade this it's one alcohol two it's a pig three corpse and the corpse we call it an animal that did not get a شرعي slaughtered okay the fourth one is idols you can't sell or buy idols and we're going to talk about how Harry Potter and all of that fall under there for number five dogs you can't buy or sell a dog what about if the dog is a trained dog and I need it for my farm we'll come to that and number six is blood does hijama fall under there we'll come to that as well these six are حرام in and within themselves you can't buy or sell the second thing the second thing is the presence of ambiguity the reason why it's حرام is the presence of ambiguity this trading was made حرام not because this thing is حرام no no nothing wrong with the thing the thing is good but there's ambiguity in it is what the foqa has called بيع الغرر بيع بيع الغرر and we'll speak about that number three is a bay which is a bay that has in it وجد فيه الغرر there is harm in it this type of transaction brings about harm what does that mean can you give examples we'll come to that each one we're going to stand over this one is وجود الغرر the reason why it's حرام is because there's what there's harm present number four is that which has in it ربا or it leads to ربا it has a ربا in it or it's going to what lead to ربا and we'll speak about what that means insha'Allah the fifth and final one is something that the بيع is حرام because of the place and time maybe after the adhan of جمعة or place meaning in the masjid you can't buy yourself we'll come to those examples as well in great details any type of بيع that is محرم that is منهي عنها it falls under one of those five okay so let's go over the first two today and we'll leave the rest for the next week so let's take the first one which is the product is prohibited in its essence so number one is what the product and the item is prohibited in its essence and how many of them are they there are six let's stand over the evidence for each one this one is alcohol and it's also dead animals and pigs and idols the prophet SAW حديث حديث جابر and الإمام البخاري and Muslim both narrated جابر said this was in the year of the conquest of Makkah إن الله ورسوله وحرم بيع الخبري الله and his messenger they prohibited what they prohibited the trade of alcohol والميتة and dead animals a dead animal is that which has not been slaughtered in the way that the sharia are prohibited permitted sorry and the way that the sharia are sanctioned in that manner we consider that to be a dead animal or a person cut a portion a part of the animal whilst the animal was alive and then the animal died from that that piece of meat that was cut from the animal even if the animal didn't die it's still considered to be what حرام the prophet SAW that which has been cut from the animal whilst it was alive it is considered to be what a corpse or a dead animal's meat you're not allowed to do that so خمر the prophet mentioned it in that hadith the second thing that the prophet mentioned here in this hadith is what dead animals the third thing that the prophet mentioned in this hadith was والخيمزير and the khimزير and the khimزير is the pig the prophet prohibited it SAW والأصنام and the prophet SAW what did he prohibit the idols فقيلة يا رسول الله the prophet he was then asked يا رسول الله يا رسول الله what about what about the the fat that's taken from the dead animal what about that why did the sahabas asked that فقيلة يوطلع بها سفل because they use the fat of the animals to grease their boats they use it for the greasing of the of the boat so we won't eat it but all we want to do is grease it with the boat if you use it for other things and also people use it for lights they make candles out of it فقال له ويستصبح بها الناس فقال لا the prophet said they're not going to just eat it even other ways of benefiting from it the prophet said and then he said قاتل الله اليهودة may Allah's curse be upon the Jews when Allah has forbidden it when Allah has prohibited it from the Jews and made it illegal for them the dead corpse and the meat was made haram from them جملوه what they did was they melted it ثم باعوه فقلوا تمانه and then they sold it in a market and the money that they used to benefit from it in another way it was made haram from them and they left it but what they did was so they melted the fat they took it to the market they sold it they made money out of it because when something is made haram from you إن الله إذا حرم شيء إن الله إذا حرم شيء and if Allah prohibits something from you حرمة حرمة منه also what is made haram from you the money that can be made out of it it's made haram from you and it's also what the ayah وعلى الذين هادو حرمنا عليهم كلذي ظفر ومن البقر والغنم حرمنا عليهم شهومهم إلا ما حملت بورومة أو الحواية أو مختلطة أو مختلطة بيعظم the ayah mentions it as well also ابن القيم said something very powerful regarding his hadith he said these words of the prophet meaning prohibiting the alcohol the pig the corpse and the idols ابن القيم said something very powerful he said the prohibiting of these things it consists of على تحريب ثلاثة أجنس they are three types of categories from this hadith what we take from it is the things that are prohibited the reason why they are prohibited is because they fall under three types of categories which is what شارب تفسد العقول substance that you take that harm your brain alcohol ومطاعم تفسد الطبع and also food that harms your natural disposition which is the pig they say that it can harm a person's natural disposition واعيان تفسد الأديانة and also what things that harm your religion like idols you buy it, you give it to someone else they are going to buy it and it is going to harm their religion وَتَدُرْعُ الْفِتْنَةِ وَشِرْكِ and it calls to trials and disbelief and politicism so this hadith showed us the reason why these things were prohibited is because of one of these three they are either going to harm your what أقل or they are going to harm your natural disposition your فطرة or they are going to harm your what your religion and the deen came to protect all of those and nowadays what falls under this what falls under this that harms people's religion is books that have inside it magic and sorcery which people buy and they read even if it is a story book even if it is a novel it falls under it you name these books movies that people watch that they download and they watch and it has sorcery and magic buying and selling that falls under it falls under the asnam the idols because because of a reason مشتركة which is shared between both which is they both are وَتَدُرْعُ الْفِتْنَةِ وَشِرْكِ also what is prohibited is the blood the blood is what is also prohibited the prophet the prophet he prohibited the blood and you are not allowed to buy and sell blood but there is two types of blood that are permissible based on the hadith of the prophet وحلت لنا ميتتاني two corpse are allowed for us ودماني and two types of blood are permissible for us فأم الميتتاني as for the two types of corpse that are permissible فالحوط والجرات the two types of dead meat which is permissible for us is the locus and the fish وأم الدماني as for the two blood فالكابيد وطحال it is the liver and the spleen those two types of blood and also are permissible أبو عبيد which is a great scholar he added under the blood the hijama the money that's made from the hijama أبو عبيد قاسم السلام he said the hijama the blood that's made from it he said it falls under the prohibitions of selling blood he said that لكن عبد الله عباس جمهور العلمة the overwhelming majority of scholars they prove otherwise and they don't accept that concept which is the message a man he did for the prophet and the prophet paid the man he paid him so that's also not a strong opinion but what a person should leave off is making it a job it's preferred to leave it off as a job as a profession making the hijama a profession it's best to not do that as a profession and it's also not good to set a price for it what is good is that whatever the person can give you take it but this doesn't fall under the prohibition of the blood it doesn't fall under the prohibition of the blood also what is prohibited is dogs a dog is not allowed the evidence for that is the Hadith of Abu Juhayfa the Hadith of Abu Juhayfa which is narrated in Sunnah Sahih Al-Bukhari that the Prophet ﷺ he prohibited the Prophet ﷺ from taking the dog the Prophet he forbade the acceptance of the price for a dog with the blood as well the Hadith mentions both of them now the scholars they disputed amongst themselves is it for the every type of dog or is it a specific type of dog what about if I have a farm and I need a trained dog the trained dog of course he goes through a training process a person exerts efforts to teach the dog and they want to charge for it is it allowed and the Imam he says he says the Hadith shows from the apparent that it is any type of dog because the Prophet didn't say accept this dog and the fact that the Prophet left it general means every single type of dog is not allowed to be brought or sold okay but what about if I really need it أحمل مدهب as ابن قدامة سيد لا يختلف المدهب وفي أن البيع الكلبي باطل أي كلبي كالع ابن قدامة he said he said there's no difference of opinion that the buying and the selling of the dog is batil wherever that dog may be whether it be a trained dog or not it doesn't matter ولا غيرهما فإن ضر إليه but if a person is in a state of necessity I need this dog I need this dog I need it I need it I need it I need it I need it I need it I need it I need it I need it and I can't find anyone giving me this dog just like that someone is saying I'll give you the dog for a price فإن ضر إليه and there's a necessity you need it ولم يجد من يوطيه إياه فالهبتياعه you're allowed to buy it you're allowed to و هو حلائل but it's حلال فهو للمشتري حرام على البائع لماذا؟ كالرشوهي، لذا كان جميل و that this is similar to a person who's a product at his property has been taken oppressively someones got your land or they got your house okay and they say if you want it back, just give me some money I'll give it to you and you have to pray bribery to get your own rights back are you allowed to do that not really they say you can إنه موضوع لا أستطيع أن أعطيه أخر إلا أني يجب أن أعطيه موضوع لكي أصدقائي لكن موضوع أنه موضوع that's been taken from me unjustly أستطيع أن أعطيه إذا كنت أحب my way through it أنت تستطيع أن أعطيه موضوع أنت أو شيء that's been taken from me لكن who is your haram for the one who's taking the money the one who's giving it is not haram for him he said it's the same when it comes to the dog it is what? it is same when it comes to the dog وكفيداء الأسيلي ومصانعات الظاليمي ولا فرقة and it's also like taking a captive from the people who are they taken a person a captive are you allowed to buy and sell a person you're not allowed to but here you have to just buy someone to bring back their freedom because they've been taken oppressively he said that it's not haram for the one who's buying the person to make him free but it is haram for the person who's selling it let's move on to the second thing we've mentioned the first type which was what? things that are haram in and within themselves those were the six now we're going to go into بيع الغرر the presence of ambiguity and we're going to conclude with this one the Prophet ﷺ prohibited based on the Hadith of Abu Huraira the Hadith of Abu Huraira states أن النبي ﷺ نهى عن بيع الغرر the Prophet ﷺ he prohibited بيع الغرر that the Prophet forbade the transaction which involves ambiguity ambiguous what does it mean بيع الغرر الإمام الخطابي ورحمه الله سلم سنن he said he says the foundation of ambiguity بيع الغرر is when its knowledge is covered and it's in a reality and secrets are hidden you're buying something you don't know the reality of this thing someone is trying to hide something from you and they're giving it to you which nowadays is very common when you go to a shop especially me when I go to shops and I want to buy books the books are in covers and you say to the owner can I open it because sometimes what happens to the books is there are 5-6 pages which are saved or pages which are missing from the book which is a publication mistake or sometimes the book is upside down what am I going to say sometimes you see these things and I've even bought a book which it was all black the 100 something pages were all black so when I went home it was all black so the owner I have the rights to say can I open it when I'm buying okay I have the rights to say I want to see what it is شيخ الإسلام من تيميا he defined الغرر as what when the ending is unknown you don't know what this thing is going to lead to he said that in his Kitab قوائد النورانية and he's but here we have an issue I want to buy a house okay and the house is built and of course I don't know the building and the foundation and the bottom foundation of the building and I don't know how it was built from can I say destroy this whole building so I can see what's under so I know it indeed can I say that شيخ الإسلام من القيب رحمه الله he said كل غرر سببا لك تحريف not every type of ambiguity is haram والغرر إذا كان يسيرا if the ambiguity is simple it's something very easy أو لا يمكن الإحتراز منه or it's impossible for the person to go out of it meaning a person can't say to you okay I'll show you the foundation of this building he can't because this thing is going to get destroyed and his wealth is going to get destroyed this does not prevent the fact of the validity of the contract so sometimes there is what is known as غررون يسير there is a what غررون يسير which is there is a small portion of ambiguity now I'm going to mention examples of ambiguous transaction A that which falls and the ambiguous buying and selling is بيع ما ليس عندك selling that which you do not have you are selling that which does not belong to you حديث حكيم ابن حزام which which he narrated he said and the prophet he prohibited me from selling what was not with me the prophet prohibited me to sell that which is not with me so you're selling something to a person and you do not have it you're going to buy it later brothers the principles is what I want you to understand later we're going to talk about the basics online trading all of these things are going to come but first of all I want these principles to be understood and how they apply on our modern day buying and selling so when the class finish don't interrogate me with questions I just want to now put down the principles everything is coming it is going to come I promise you guys let's first of all understand these and he said what I want from it is selling what is not yours you don't have it and why do I keep mentioning the تبويبات of المام البخاري بابو بخاري made a chaptering because بخاري's فق is in his chapterings when I say to you بخاري this is the opinion of المام البخاري now we all together the second type of the ambiguous trading or the ambiguous transaction is selling a product before possessing it and there's a difference between the first one and the second one the first one is you don't want to it at all it's not yours اصلا like in this one you own it but it's about to come to you it's yours you bought it but it hasn't been placed under your what under your possession it's on its way it's about to come the delivery people haven't brought it to you you're selling it what are you doing you're selling that which you haven't got in under your possession المام البخاري رحمه الله narrated on the authority of ibn umar that the prophet صلى الله عليه وسلم he said the following he said the buyer of food stuff should not sell it before it has been measured for him meaning don't sell something unless you've brought it into your شلطة unless you brought it into your possession is this only specific to food because the narration said عبد العباسل he said عبد العباسل he said I consider that all types of trading should be done similarly it's just not food it can be cars it can be phones it can be electronics it can be anything if you've bought something but it hasn't been brought under your possession don't sell it unless it's under your possession okay but the question here is what is possession what does it mean under my possession what we say is مسألة القبن because this is the issue that فقها discuss that's under your possession what does it mean this is what goes back to the عرف والعرف معموله به وَرَدْ رُكْمُمْ مِنَشْرَأِشْرِيفِ لَمْيُحَدْ the concept of what makes something under your possession it goes back to what it goes back to عرف the custom of the people the custom of the the people nowadays we have storages warehouse basket online goes into your basket this is the عرف that we understand it of possession are we all together brothers there's a حديث I want to mention which is عبدالله بعمر he said I brought Oliver عبدالله بعمر I brought Oliver في الماكد فلما استوجبته لنفسه فأردت وأن أضرب على يده فأخذ رجل من خلفي بذراعي فلتفد too عبدالله بعمر he said I brought Oliver عبدالله بعمر when I became its owner now it's mine I brought it before I can depart and I can leave I'm standing where I brought it I'm still in the place I'm still in the market a man a man saw me and offered a good profit for it maybe if عبدالله بعمر walked away from the place but this man couldn't be bothered to go and buy it he said to him I'll give you something better for it how much is it cost I'll give you you got it for that much I'll give you this much he told عبدالله بعمر رضي الله عنه a good price for it عبدالله بعمر he wanted to buy sell it to the man as I was willing to sell it فأخذ رجل من خلفي بذراعي a man grabbed me by the hand here or here and he grabbed me and he said to me لا تبيعه don't sell it like that and I looked فإذا هو زي دبنو ثابت the noble companion he said to me لا تبيعه you sell it where you brought it حتى تحرزه إلى رحلك until you bring it to your possession فإن رسول الله صلى الله عليه وسلم because the Prophet prohibited and the Prophet prohibited that you buy something and you sell it on the same place that you brought it حتى يحرزه until you take it back to your until you take it back to your house why عبد الامن عباس explain صحيح مسلم when he was asked about the student why he said no allowed he brought it he said it's a problem لا تراهم يتباعون بذهب وطعام مرجأة do you not see that when this person this individual buys a product for a hundred he is standing somewhere someone sold it to him for a hundred and then he says to the individual he takes a product without leaving the place someone else comes and gives it to him for a hundred and twenty it's similar for a person who took a hundred for a hundred and twenty who changed a hundred to a what because he had a hundred in the beginning and he left with what one hundred and twenty in one place but it's similar to so and then they can sell it the third that falls under is selling a product which is not clear it's not clear and it's what's referred to as and and and is that a person sells is when a person sells something which is completely unknown for example a person will say the crops of my garden or my farm is yours for the following years to come years to come but what is this land going to produce what is it going to be like no one knows is making an unexpected unknown prediction for example a person says to you I will sell my car to you however I will use it and he doesn't state for how long he's going to use it will stop there I think this one needs more explanations and our minds have slightly become fried with these points so Insha'Allah will go back to the third point which is selling the type of what it means anything that I have said that was incorrect سبحانك اللهم أشهد أن لا إله إلا الله استغفرك وأتوب إليك


Today, what we're gonna focus on is men's cutting. I really wanna get in depth with not really the fade part of it. I'm not a barber. I am a hairdresser. A lot of my guys get more natural, lived in look. So I'm gonna show you guys some texturizing techniques.  And then at the end, I'm gonna show you guys a color technique real quick that will actually blend gray, even though there's no gray really on this mannequin. I'm gonna show you guys the technique of that. And then a highlight throughout the top. I'm gonna show you guys a way that I like to do that. I sectioned off right at the parietal ridge. Curly hair and men's hair, I like to start a little bit lower because it's easy for me to blend and decide where I want that weight to shift. So I keep it a little bit lower and I work my way up. Also, when you're working with a clipper, if you go too high on the parietal ridge up here and you're working that clipper, you get too heavy right away anyway, so you end up going in and cutting it. So I go a little bit lower and I'll work my way through there. Clipper I'm gonna use, this is the Andis Envy cordless clipper. I'm gonna start off with a two guard and I'm gonna make that two guard fully open. So this would be the shortest it goes and when you spread it out, this adds a little bit of length, makes it a little bit longer than a two and I'm gonna work through that way. Also gonna use the YS Park and this is a barbering comb. It's a little bit wider. It's really flexible. I like to use a comb that's about the size of the trimmer that I'm using so that if I'm doing any trimmer over comb work, it slides right across. Also, when you use like a regular YS Park comb, it's a little rough around the bone of the comb so the clipper doesn't slide as easy. When you use this comb, it's nice, it glides right across. So I'm gonna start off. I'm gonna work my way up in the direction that the hair grows but then as I get to the top part, I'm just gonna rock out with the clipper. So I go up the hair, passing the clipper over and then when I get to that groove, I just wanna add a little bit of a weight line. So basically what I'm thinking in my mind is I wanna come up and then out at about a 45 degree angle. What that's gonna do is build me a little bit of graduation. That's the difference. This is all layering. This is graduation here. The other thing that I like to focus on is that I like to balance along the ridge of the head. So you have the parietal ridge but then I followed down the crown of the head to the occipital bone. So that weight line is almost like a pivot along the ear. So I work my way around this way. So clipper going through 45 degrees and then I'm working my way around the ear allowing that weight to drop down. So just passing that clipper out, keeping that weight dipping down. I don't wanna go all the way up into the hair and cut that off and make this super high. You could if it's a more of a high fade but for this look, I want it to be nice and natural and really work with their head shape. I'm also not worried about this blending yet because I'm just getting the length off the bottom and starting that weight line and creating that outline. Then I'll go through and fine tune it either scissor over comb or clipper over comb later. Tilt its head down and I'll go right up to the occipital bone coming up and passing that clipper out at that 45 degree angle. All right, so working up and again at that 45 degree angle building out that weight line using that the ear is a pivot point. So now let's clean up the edges. I don't really wanna focus on this part today so that's why I'm getting through it quick. This trimmer is the Andis T-Trimmer. I like this one because I like a T-Trimmer because it gets around the ears really well or any little edges that you need to get to. Now what I wanna do is I'm gonna show you guys a couple of things. I wanna show you clipper over comb and I wanna show you guys scissor over comb. So clipper over comb is kind of the same concept as rocking the clipper out at 45 degrees. So what I'm gonna do is put the comb in and tilt it back at 45 degrees. I completely closed the clipper so instead of it being out I go all the way down to the blade and then I lift the hair up into the comb and I make my first pass. Where I'm seeing my guide is what's underneath the hair. So I lift up and I can see underneath there where the hair is and I come through and I cut and we're gonna work in a diagonal back form all the way down the head shape. Just blending in that weight line. You can see the weight line coming through. As I'm working through now, on the one side I worked from the front of the head back so I wanna do the same thing on this side. So I lift the hair just like that and now I'm gonna work backhand and glide the clipper across. So I'm just lifting the hair and gliding the clipper across. One thing that works for me, it doesn't work for everybody but I like to put a couple fingers on the head as I hold the comb. That helps me keep the comb steady and where I want it to be and then I follow back from there. That works for me, sometimes with people with smaller hands it doesn't work as well but give it a shot. So I'm just following that weight all the way through down to the bottom of the head. So I've worked diagonal back here, diagonal back on the other side and now we're gonna work up the back just softening that weight line connecting everything together. So now you can see that we're starting to build up some weight in the crown area. I actually really liked that because I feel like it fills out the head shape nicely. Instead of flattening the back of the head you get this kind of build up of weight. So I'm gonna go through with my scissor we're gonna do some scissor over comb work now. Biggest difference between clipper over comb and scissor over comb is just literally the tool because the motion and how you hold the hair is the same. Lift it up into the comb and then I'm just gonna detail. The reason I choose to finish with scissor over comb is that when you're doing clipper over comb you lift the hair into the comb and then you pass over and it cuts a really blunt line. When you do scissor over comb I can actually glide the hair up as I'm working and soften any line that happens. So that's really hard to do with a clipper you have to kind of go back and forth over it. With a scissor you just glide just like that and you can lift and soften any weight lines that are in it. So I think of the clipper as the mass cutter like so going through and taking out a lot of the bulk the weight getting the length where you want it because that happens quick and then fine tune and detail everything with the scissor. So here we go just softening through. All right so now I'm gonna split this right down the center and I'm gonna start to blend the sides the back and the top of the haircut. So we're working on the calic in the back. Now obviously mannequin doesn't have a strong calic but anytime I have a guest that has a calic in the back I'll leave a little extra length. Also you can see that it's not directly in the center where this little spin is built out of. So after I get it combed down the center I'll take a look at where that hair really wants to fall and that's where I'm gonna comb it to. I might part it down the center but I want this swirl to go where it's gonna live and then I'm gonna build the haircut off of that because there's no way that a guy is going to be forcing this hair in the back of his head that he can't even see that he's gonna force it to live somewhere where it doesn't wanna live in the first place. So I comb everything in the direction off of that swirl. If they have two I build it off of all of that I would separate one of them, do my cut on one side and then do the cut on the other but then I'm gonna build all of my lines and weight removal off of that swirl in the cut. All right so now I'm gonna bring the hair out. I'm gonna give it a slight elevation. This is 90 out from that the swirl point. So I want it to be at about 45 degrees. That's gonna have it lay nice with a nice soft graduation to it. So I'll go through and I start cutting. Then I comb that down, I pivot like a pizza and then I shift that to the previous section. So we're gonna work with a traveling guide. I'm gonna work around. So point from here, bring this up, bring it back to the previous. And that's how I like to cut almost all calyx and then if it's even more extreme then what I'll do is teach them to blow it dry if it really bothers them. But you can see it lays nice and soft and this also keeps the flow of the head shape with the weight. So I'll do the same thing on the opposite side from the swirl, take my parting, bring it back to the previous section, keeping the top of my fingers at that 45 degree angle keeping a little bit of length. And I work my way all the way around until I get behind the ear and then I can start working on the sides and the top. So that is the calyx area. Now everything that I do here is gonna be traveling until I get to wherever the point is where I wanna push extra weight. So I'm combing everything forward. So now I bring this up and I'm still connecting it to this bottom point here. And that's where if you left that bottom point too long with your clipper work then you would have a very extreme weight happening. So we go through, we connect it and then this elevation goes up into the center point and this is gonna be a little bit longer, a little more length to work with. This lays pretty flat because it's completely layered at this point. And then once I get, I'm gonna go one more step and then this is now gonna become a stationary guide. So now the rest of the hair all the way to the front will get pulled back to that point. I think with creating length in the front of a haircut sometimes people will over direct too far back and when you over direct too far back you push way too much weight into the front. You don't really need that much but it is good to have on your guys to have a little extra length in the front to mess with later.  And we're gonna do the same thing on the opposite side here still standing behind the head and working that length just back to the previous. So one more and then that's where I'll start my over direction. So now all this is gonna come back to that point now. What people don't take into consideration is when you get to the front what happens with the head shape is it starts to bend forward. So this over direction this last inch of hair is actually way more extreme than what's up here on the very top of the head. So you have to take that curve into consideration with the density that you're building up or the length. So now you can see this shorter texture through here but then it gets nice and long in the front. We can cut into that and we're gonna do some texturizing techniques. So now what I'm gonna do is blow it dry real quick. Blow drying everything flat, flat wrapping it. And I'm gonna take my texturizing scissor just like this and I'm gonna pass at a diagonal all the way through cutting channels. And I'm gonna work my way through just like that creating those kind of gaps and shorter pieces in the hair. So what that's doing is it's taking out some bulk at the base of the hair but also not doing it in like horizontal chunks. You're going at a diagonal it's just taking it a little bit softer. So you pass through the one way coming through. You could do this with a normal scissor as well but I think using a blending scissor is a little safer and then coming back the opposite direction across the head this way. Now I'm gonna go through and do a little bit of point cutting just in the actual shape that I did right on the sides just to soften things up a little bit. The softer these lines the easier it is for your guys to style it. And I'm going in really vertical or kind of parallel to the hair so that I don't remove the line necessarily I just soften it. So now the last little bit I wanna take even more of this weight out and I also want to have kind of like an angle to it.  So what I'll do is I'll keep my scissor here and I'll slide down, remove a little bit of this weight and I'll pull pieces of this hair over to me. So it becomes more stationary. Just keep pulling them over. It's another good way if somebody's got receding hair to not be elevating and cutting keeping it at the length that you want it and going in and cutting and texturizing. So just removing that weight because any time you have that bulky and you want the texture and you want it to kind of shoot up in the air you need it to be nice and light but we still want the length. So just going through cutting, sliding out with your blending scissor gives it that texture movement. I wanna show you guys how I like to set myself up for the color and that's with blow drying the hair up directly up in the air first then going in and coloring it. So I'm gonna start off. I brush the hair so I can get it untangled get all those loose hairs that we cut out of it and I'm gonna use the heat from the blow dryer to get the hair up in the air. Really blow drying the hair in the direction you normally wouldn't just to get that height. So I'm gonna take a little bit of hair product very little but I'm gonna take, this is the Maverick dry paste and here's why I use a little bit of product before I lighten the hair. Right now the hair is very fluffy so what I'll do is I'll take and I'm going to create almost like little spikes in the hair with my hands. When I have those pieces separated then it's easier to apply lightener to the ends. So what I'm gonna do for gray blending what I like to do and this is gray blending not fully covering if you need to fully cover somebody it's a different technique but for gray blending this is the Paul Mitchell 10 minute color for men. So this is dark warm natural good for like levels one to three and I'm gonna paint that into the sides. So what I'll do is I'll start feathering it diagonally and working it through. I don't cover everything. I like to just kind of paint it on diagonally first then what I'll do is comb it through at the very end. So painting it on a diagonal into the hair really work it into the sideburns because they're usually the most resistant and then working down the sides. I always keep my brush kind of sideways as I paint through and I'll work into the parietal ridge area but I'll leave out some of the parts that I wanna do the lightener on. This is Paul Mitchell Synchro Lift which I'll show you guys with 20 volume. I'm just trying to pop the brightness in here and not get it to be too crazy. So we'll go through here and I'm going to take some of these pieces that we've added the product to and paint it on those and just working these pieces. That's why using the product helps because it separates the hair really well for you to go in and then paint. I'm not going all the way to the root. This is just for the ends of the hair just to paint onto the tips. So I'm picking up some of these pieces. I don't need it to be heavily saturated with lightener. This isn't like women's hair. I'm really just trying to pop some lightness. So then what I'll do is I let that process for the same amount of time usually with my guys trying to keep it more natural. I let this process for the same 10 minutes that this is on and it's usually light enough and didn't go too extreme. All right, so this product that we're going to use first is the grooming cream. Thing I like about this product, obviously cream base doesn't have a strong hold to it. I put in the grooming cream and now I'm going to start to blow it dry. I want to work everything down the way it wants to naturally fall and then the top I'm going to blow dry up and kind of kick it back a little bit. So we'll start our blow dry around definitely in this calic area let the swirl kind of take life here. And the grooming cream will give it a nice little shine too as we're styling it. The dry paste that we're going to use on it after we'll give it more of a matte. So it's nice to have a little shine to it first. Okay, so now I'm going to separate a little bit of the front. I'll brush this down and I'm just going to start working the middle top to the crown, working that kind of up and getting a little bit of volume into it. Just to pop some volume in the root and then I'll start blow drying it forward. So getting some height and kicking it forward. So there's volume, but it's still kind of moving in that forward direction. And then at the very end, then I start popping this front up. All right, so now that grooming cream definitely has given it a little bit of hold to it. The final product that I would choose is going to be the dry paste which will give me just a little extra kind of all day hold when you're blow drying men's hair, a lot of people just blow dry it to get it dry and then try to use the product to do all the work. You don't want the product to do the work like the heat made this stay up. The grooming cream did a little bit of the work but the heat molded the hair into this shape. Also gave me that lift in the back gave me the smoothness on the sides. So all of that stuff came from not necessarily the product but mostly the blow drying. Also, if they put product in their wet hair most men's products and really products in general are meant to kind of dissolve to go away their water soluble so when you shampoo it, you wash it, it goes out of the hair really easily. So if you put a men's product on top of hair that's already wet, you're going to see the effects of it breaking down on the hair and not actually holding it the way that you want it to. Now I'm gonna use the Maverick dry paste. I cover my hands with a little bit of the dry paste and then I'm just gonna go through just like I did when I highlighted it and I'm gonna work that into the hair. I don't wanna run my hands into it too much. I'm not trying to soak the base of the hair with it. We did that with the blow dry and the grooming cream. So now this is just to add that separation smooth down the sides. This is the same product I used in my hair today. Just in case you're wondering. And then this little bit of weight that we built in the back of the cut you could see that's what I really like about leaving a little extra weight how it kind of builds out instead of coming up and kind of cutting off the back of their head and creating a flatness to it. That's why to me that this is more kind of a hairdresser's men's cutting video because in the salon this is what I get a lot of requests for is this textured a little bit longer length. I don't think this is probably a typical barber shop request is to get this kind of texture and the color and all that stuff. So when somebody comes in they're looking for something new whether it's the highlights or just creating the texture, utilizing those techniques hopefully you'll have this as a go to for you guys in the salon. So you can see some highlights through it but you can see all the texture and what I love about the color part of it is that it really kind of pops the texture into it shows it off. So hope you guys like it. Let me know.