ENDLESS BLISS FASCICLE-4

Waqf Ikhlas publications Endless Bliss Fascicle-4 http://www.hizmetbooks.org
It says in the subject concerning using gold and silver in the fifth volume of Durr-ul- mukhtar
that men's dealing with one another is called Muamalat. In muamalat, a sinner's or a disbeliever's
word is to be accepted. A sane child and a woman are like men (in this respect). If one of them
says, "I have bought this meat from a disbeliever with a holy book," the meat will be halal to eat.
[For, formerly meat was sold by the person who had butchered the animal]. One's property does
not become invalidated by one person's word. If a Muslim buys some meat and another de voted
Muslim says that the animal (to which the meat belongs) was killed by a disbeliever without a
holy book, the meat cannot be returned to the seller; the buyer has to pay for it. For, since he
bought the meat without knowing that it belonged to a carrion, it has become his property.
Information to invalidate property has to be given by two men or by one man plus two women.
There are three kinds of muamalat. The first kind comprises dealings that neither party has to
fulfill. Examples of this are being a deputy, being a mudarib (one of the partners in a kind of
joint-ownership), and being granted (by a person to do something on his behalf). The second
kind consists of dealings that both parties have to fulfill. Examples of this are the rights that can
be subjects for law-suits. The third kind includes dealings that one of the parties has to fulfill
while the other party does not have to fulfill. In this kind are dismissing a deputy and
withdrawing the permission one granted to another person. In this case the deputy and the
granted person can no longer act on behalf of the person they are representing. But the person
who takes back his permission or authority from his deputy is free to use his own rights. We
have already explained the first one. In the second, the informers must have the conditions
prescribed by Islam for witnesses. In the third, the number of the informers and whether they
have the quality of fairness will be taken into consideration.
Matters between Allahu ta'ala and man are called Diyanat. In diyanat, the word of a just Muslim
who has reached the age of puberty will be trusted. A woman is like a man in this respect. If he
(or she) says, "This water is najs," one cannot make an ablution with the water. One must make a
tayammum. If a sinful Muslim or a Muslim whose conduct is not known for certain says so one
inquires about it personally and acts upon one's own assurance. If a disbeliever or a child says
that the water is najs and if one believes it, one must pour the water away and then make a
tayammum. In giving a present or a permission, a child's word can be accepted. When a child
says, "Come in, please," one can enter the place. But whether a child is permitted to buy
something depends upon the seller's conviction.
In diyanat, information that will invalidate one's property must be given by two men or one man
plus two women. For example, if a just Muslim says, "This man and wife are foster brother and
sister," it will not be admitted, and the nikah (marriage as prescribed by Islam) will not be can
celled.
Ibni 'Abidin says at the end of the chapter about istinja: "If a just person says that some meat is
carrion, e.g., "a murtad killed it," and another just person says that it is not carrion, e.g., "a
Muslim killed it," it will be judged as carrion. If the former says that some water or any sort of
sherbet or any food is najs and the latter says that it is not najs, it will be taken as clean. If there
are several informers, the majority's consensus will be accepted. If clean and najs clothes come
together and the clean ones are in the minority, or a number of pots are together and the clean
ones are in the majority, one should search for the clean ones and use the ones one supposes to
be clean. If the clean pots are equal or fewer in number, all of them will be taken as najs.
Page 56 of 181